Star.
London, England, 1829-10-31 00:00:00

THE ARMY.

Horse Guards. 2211 of Oct. 182).
At a General Court Martial, held at Limerick, on the Nth tit
Sept. 1829, and continued by adjournments to the 17th tit the
same month, Brevet Lieutenant-Colonel Charles Bayly. late of
the 98th Regiment, was arraigned upon the undermeatioaed

Charges, viz. :
" Ist. For that be, Brevet Lieutenant-Colonel Bayly, bring in
Command of the Depot of the 98th Regiment, on or about the
19th day of January, 1828, at Tralee, certain soldiers belonging
co the said Depot, viz. Privates John Cochran, William De.
laney, James Cheney, and James Mc Donald, were then and
there subjected to receive, in the following cruel and unprece-
dented manner, the corporal punishment, or part thereof, to which
they had been sentenced by a Regimental Court 111Artial ; first, the
instruments of punishment, viz. the"cats-o'-gine-tails, with which
such corporal punishment was inflicted, had been previously steeped
in brine or pickle; secon4r, the said cats-o'-nine-tails were again
frequently steeped or sva4ted, on the public parade, during the
infliction of such corporal punishment, in a tub of salt and

water, mixed and prepared for this purpose upon such parade,
be, the said Brevet Lieutenant Colonel Bayly, being then
and there present. and commanding on such parade ; and.
thirdly, the intervals between the infliction of the bilge were.
during part of the aforesaid punishment, protracted to an unusually
long period, the suffering. of the said soldiers, or of some of them.
having been by the aforesaid cruel and unprecedented mode of pu-
nishment rendered more severe, and of longer duration than usual,

whereas it was his, Brevet Lieutenant Coloi;e1 Bayly 'a special duty,
both in his capacity of Commanding Officer of the said depot, aial
as Commanding Officer on the parade, on the 19th January, 1828,
aforesaid, to take care that the said corporal punishments were in-
flicted in every respect, in the manner only, and according to the
custom usually adopted in his Majesty's service.
" 2d. For that previously to the said corporal punishments being
inflicted in the cruel and unprecedented manner aforesaid, it being
proposed, by Lieutenant Davidson, then acting Adjutant of the
depot, to the said Brevet Lieut.-Colonel Bayly, commanding the
depot, that the 'cats-o'-nine-tails,' with which the said soldiers were
to be punished, should be steeped in brine or pickle, such proposal
moreover having been made by Lieutenant Davidson, in conse-
quence of the remark or declaration of Brevet Lieutenant Co-
lonel Bayly, that he was averse to punishment, but that if be did
punish a man, he must punish him properly, and that the cat.
were not hard enough, or words to a similar effect; he, the said
Brevet lieutenant Colonel Bayly, did not either then or after-
wards, by reproving or reprimanding the said Lieutenant Davidson,
for presuming to make such proposal to him, his t ommanding
Officer, or by expiessing his disapprobation of the proposed
measure, or by any other means whatever, take care to prevent
such cruel and unprecedented mode of punishment from being had
recourse to."
" sd. For that he, the said Brevet Lieutenant Colonel Bayly,
did, in violation of his duty, when he surrendered the command
of the said depot, on or about the 25th day of February, 1828,
take and carry away with him, the original Minutes of the
Judicial Proceedings of the Regimental Courts Martial, held iu
the cases of Privates John Cochran, William Delaney, James
Cheney, and James Mc Donald, instead of causing the same to
he deposited in the Orderly Room of the depot ; and for that
he, the said Brevet Lieutenant Colonel Bayly, did also in vio-
lation of his duty, wilfully fad or neglect to cause the proceedings
of the Regimental Courts Martial aforesaid, to he duly entered
in the Courts Martial Book of the depot, and to countersign them
himself, as Commanding Officer, after such entry, according to
the orders and regulations of the service, all such conduct and

proceedings on the part of the said Brevet Lieutenant Colonel
Bayly, having tended to bring the army into disrepute, being dis-
graceful to hint as an Officer, and highly prejudicial to military
discipline."
Upon which charges the Court came to the following decision :
" The Court Martial having duly considered the evidence given
in ;Lippert of the charges against the prisoner, Brevet Lieutenant
Colonel Charles Bayley, his defence, and the evidence be has ad-
duced, is ut opinion,
0 That the prisoner, Brevet Lieutenant Colonel Charles llayly,
is guilty of the first charge, with the exception of that part which
states that the tub of salt water was upon the parade, and alsu
with the exception of that part which states, that the intervals
between the infliction of the lashes were, during part of the afore-
said punishment, protracted to an unusually long period."
s. With respect to the second charge, the Court is of opinion
that the prisoner is not guilty."
With respect to the third charge, the Court is of opinion, that
the prisoner, Brevet Lieutenant-Co:0nel Charles Holy. is guilty."
" Though the Court has found the prisoner guilty of the first
charge, with the exceptions named, it does, however, fully and
honourably acquit him of all knowledge of, or participation. in,
the cruel and unprecedented practices of previously steeping the
cats in brine, and of washing them with salt and water during
the infliction of the punishments. The Court is also of opinion,
.• that, as far as he, Lieutenant-Colonel Beyiy, coull observe, the
punishments were conducted in the manner only, and accordin.tly
I to the custom usually adopted in hi. Majesty's service. NVith
respect to the third charge, although the Court has found the
prisoner guilty, it thinks it right to state, that in its op niusi,
Brevet Li- uteitant Colonel Charles ilayly was not actuated by any
sinister motive; and further, that the Court dots not consider
that Lieutenant Colonel Bayiy's conduct has been disgraceful to
him as an Officer."
" The Court adjudges that the prisoner, Lieut.-Col. Charles
Bayly, late or :hr 98th Regiment, be admonished, at such time and
place, and in such mann. r as the General Commanding in Cbiet,
Lord Hill, shall direct."
" The Court cannot close its proceediugs without expressing its
decided indignation or the extraerditiary prevarication which bas
marked the whole of the evidence of the witness Lieut. Davidson,
*eit the 98th
His Ala;tely has been ,:cased to confirm the fir ding of the
Court, and to commaitel that the admonition, to which Prevet •
Lieutenant Cido6l Bayly has been sentenced by the Court, be
communicated to th.t Officer, accempaeird by the tap 'on of
his Alajesty's regret anti displeasure. that punishments, deemed
necessary in their t azure to the ni intenance of discipline and le•
gaily aultorpliti, shou!ti have been inflicted to any ceopa in so
cruel an.l unprii eedented a manner as the evidence on the ace of the
prom dio44 dearly retublishes to have- been the case ni this instance.
and that so tit.questien.hle a pe.,44 should have lo en afforded of
firer of d4lii on the part of an officer in command of any regi-
ment or s'etnehment of his :Majesty's troops, as is too clearly chari,e-
at le upon kieutetiant-Colorel Bayly, and as is justly sic held by the
Court. whet an occurrence so prejudicial to military discipline,
and tt.inagli so manifestly to bring the Army into cl.trepute. staid

•
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have been preconcerted without his knowledge, and afterwards
take place without his notice, in the depot under his inunediate
command.
As it has has already been intimated to Lieutenant Davidson, in
consequence of the proceedings of the General Court Martial be-
tore which he was tried at Cork, on th4th February last, that his
Majesty has no further occasion for his services, his Majesty deems
it unnecessary to allude to the strong expressions of indignation ap-
plied by the Court to the extraordinary prevarication, which, in
their opinion. marked the whole of the evidence of that Officer,
further than to declare his entire concurrence in them.
Finally, his Majesty has been pleased to signify his pleasure, that
the circumstances which have led to the trial of Lieut.-Col. Bayly,
and the observations which have suggested themselves to his Ma-
jesty thereon, be made known to the Army in the following terms :
Early in the present year, the Major General commanding the
Cork district, having reported that it had come to his knowledge
that four soldiers of the Reserve Companies of the 98th Regi-
ment, had, some time before, been punished in an unprecedented
manner, the General Commanding in Chief felt it necessary to
cause the nutter to be investigated by a Court of Inquiry ; and
the proceedings of that Court having established the correctness of
the report, that the men in question were punished with cats, which
had previously been steeped in brine, his Lordship directed his
opinion thereon to be conveyed to the Lieutenant General Com-
manding in Ireland, in a letter, of which a copy was sent to Lieu-
tenant Colonel Bayly, who had been in command of the depot of
the 98th at Trate,, when the occurrence took place.
Shortly after the receipt of that communication, Lieutenant-Co-
lonel Bayly requested, that his Lordship would "be pleased to
order a General Court Martial to take cognizance of the affair.'
The Court Martial was accordingly assembled, and as appears by
the foregoing abstract of its proceedings, it has found that the men
were punished in the manner above stated ; but the Court has ac-
quitted Lieutenant-Colonel Bayly of a knowledge of the fact.
Upon this it is essential to remark, that Lieutenant-Colonel
Bayly was at the time in command of the depot of the 96th; that,
being in the exercise of that command, he was strictly responsible
for the due execution of the punishments awarded ; that he was
on the parade in a square of four companies at the moment of its
infliction ; and that if he did nut, he ought, at least, to have no-
ticed what was going forward.
Whatever may be the opinion, or sentence, of a General Court
Martial, his Majesty will continue to require that Officers be held
responsible for what passes in the regiments under their command.
They are placed in that situation, and have the assistance of Of-
ficers and Non-commissioned Officers expressly to prevent the oc-
currence of such irregularities as that which has now been the sub-
ject of investigation by a Court of Inquiry, and a General Court
Martial.
It matters not, whether such irregularities proceed from design,
inattention, or ignorance, on the part of a Commanding Officer.
Whatever may be the cause, it is equally clear, that the officer,
who may either authorise or allow such acts, or during whose com-
mand such acts may take place, is in no way fit to be entrusted
with the charge of a body of troops ; and it is therefore the im-
perative duty of the General Commanding in Chief, whenever such
a case is brought itirward, to make a special report of it fur the se-
rious consideration of his Majesty.
The General Commanding in Chief directs that the foregoing
charges preferred against Brevet Lieutenant-Colonel Bayly, late of
the 98th Regiment, together with the finding and sentence of the
Court, and his Majesty's Commands thereon, be entered in the
General Order Books, and read at the head of every regiment in
his Majesty's service.
By Command of the Bight Honourable
TIIE GENERAL COMMANDING IN CHIEF,
HERBERT TAYLOR, Adjutant-General

FRESH BEEF.
VICTUALLING OFFICE, October 30, 1829.
THE COMMISSIONERS for VICTUALLING
Ais MAJESTY'S NAVY, ke. do hereby give notice,

That on FSIDAY, the 20th of November nest, they will be
ready to receive Tenders in writing (sealed up), and treat for the
cupply on separate Contracts, of all such quantities of FRESH
BEEF, as may be demanded for the use of his Majesty's Ships
and Vessels at the following places, for Twelve Kalendar Months.
(tom the Ist day of January, 11130, viz.

Chatham, I Jersey,
Cork and Kinsale. Kingstown and Dublin,
Carrickfergus, Lame Harbour, Margate,
and Newry, Milturd Haven,
Campbellawr, Newhaven,
Dawes, Plymouth,
Falmouth, Sheerness,
Greenock, Harwich.
The Conditions of the Contracts may be seen at this Office, or
by applying to the Resident Consmisdoner of the Victualling at
Plymouth ; the Agent tor the Victualling at Haulbowlide ; the
Storekeepers at Sheerness and Deal; the Secretary to the Post-
ma'ter General at Dublin ; and to the Collectors of his Majesty's
Customs at each of the other places.
Each Tender must specify the price in words at length, and be
delivered before One o'Clock on the day appointed; and must
be accompanied by a Letter signed by two responsible Persons en-
gaging to become bound with the Party tendering in the penal Sum
of L 1,500 for Chatham, Plymouth, and Sheerness, and for each of
the other places in the penal Sum of .E 5003, for the due performance
of each of the Contracts.
The Person who makes the Tender, or some Person on his
behalf, must attend to answer when called for.
M. WALLER CLIFTOY.

THE EVENING STAR.

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