Star.
London, England, 1819-08-05 00:00:00

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CHARGE.
" For scandalous conduct, in addressing a letter to James
Dease, one of the Surgeons of his Majesty's Forces, stationed at
Chatham, dated from Duke-street, St..Tames's-square, February
It 1819, and signed " Owen Lindsay," containing the follow-
ing paragraph :
' I was much disappointed at the two men of the 64th regi-
t not having been sent to the last Chelsea Board, as I had
anged snaturs in sash a manner, that they were to have gone
to the Board, and the attention of the Commissioners was to
have been directed towards the state of their eyes, and all this
was done quietly, without any person connected with Sir W. A.
knowing any thing concerning the business. I would recom-
mend you not to mention their names in any correspondence
you may have here, at all events till they are snugly lodged in
York Hospital. I hope you have not meddled with their ocher,
and thit you will not prevent them from getting drunk, so that
they may have proper vascular cornea.'
" He, the said Staff-Surgeon Lindsay thereby intending and
endeavouring to persuade'the said James Dease to be guilty of
a neglect of duty towards Corporal John Phillips, and Private
,Tutin Pyke, soldiers in the 64th regiment, who had a complaint in
their eyes, and who were then at Chatham on their way to Chel-
sea, to be examined by the Board—such conduct being highly
prejudicial to the service, and disgraceful to the character of
Mr. Lindsay, as Staff-Surgeon to his Majesty's Forces."
The Court having assembled with the usual forms,
and being sworn, the Charge was read to the De-
fendant, who pleaded Not Guilty.
Mll WOOLLASTON, the Deputy Judge-Advocate,
addressed the Court to the following effect :—As no
person appears in the character of prosecutor in this
case, it becomes my duty, as representative of the
Judge-Advocate-General, to state to the Court the
cause of their being assembled upon this occasion.—
The Commander-in-Chief having received from the
Secretary at W4r a communication respecting a let-
ter stated to have bees written by Mr. Owen Lindsay
to Mr. Dease; one of the Surgeons stationed at Chat-
ham, his Royal Highness conceived the conduct of
Mr. Lindsay as represented to hini, and the tenor and
expressions of the letter to be so highly improper and
detrimental to the service, as to furnish a fit subject
for investigation before a Court-Martial, and his Royal
Highness having tubsequently transmitted the docu-
ments upoh which his opinion was founded, to the
Judge-Advocate-General, the charge was framed
upon which this Court is now assembled to inquire.
In the ordinary course of the procep, the Secretary
at War, with whom the complaint, originated, was
called upon to return a list of the witnesses, by whose
evidence this charge might be substantiated. A list
was returned accordinoy, and it has become also
my duty, in the absence of a prosecutor, to call these
witnesses, and to put such questions to them, as may
be most likely to bring the facts in the easiest and
simplest manner before the Court. In order, how-
' ever, to enable the Court to understand the applica•
tion of the evidence, it may be as well to state that
the letter in question was written in reference to two
private soldiers of the 64th regiment, who had been
affected with the ophthalmia, and placed under the
case of Sir William Adams. In the first instance,
these men were reported to have been cured, and
they were sent to the depot at the Isle of Wight, with
a view to their being passed to their regiment abroad.
A doubt aftewards occurred, whether the cure was
complete, and the reduction of the army having in
the mean time taken place, the two men were thought
proper objects for a discharge, and were sent from
the Isle of Wight to Chatham, to remain there till
they could be forwarded to Chelsea, to be examined
for admissiiin. • While at Chatham, they were un-
der the cafe of Mr. Dease, and in reference to
their situation, the letter upon which the Charge is'
founded was written. Whether the original letter
will be produced, I am unable at present to state,
but a summons has been sent to Mr. Dease, with a
requisition to him to bring the letter with him. If he ,
should fail so to do, or if the letter should appear to
have been destroyed, I understand that an authenti-
cated copy of it, taken at the NVat-Office, will be pro..
duced, and I presume that the witnesses summoned
will be able to shew that the original was in the hand-
writing, or at least signed by Mr. Lindsay.
Mr. LINDSAY observed, that understanding it to
be a matter of course that a list of the witnesses to
be adduced in support of any accusation before a
Court-Martial, should be given to the party accused,
he had applied for such a list, upon this occasion, to
Mr. Beckett, the Judge Advocate General, who had,
however, thought proper to refuse his application.
The DEPUTY JUDGE ADVOCATE corrected the mis-
take of the prisoner, remarking that it was not a mat-
ter of course to furnish the list referred to.

George S. Powell, Franking Clerk at the War
Office, deposed, that in the performance of his duty,
on examining a letter addressed by the prisoner to
Mr. Dease, in February last, he saw the passage
quoted in the charge according to his recollection.
He could not remember the whole of the letter; but
it appeared altogether private, and therefore he did
net feel himself wanante.l to frank, as it was his offi-
cial instruction to frank those letters only which were
really on the public set vice. But, being peculiarly
struck by the character of the passage in this-letter
which formed the subject of the charge, he men-
tioned it to Mr. Marshall, who was the head of his
department, asking him whether some notice should
not be taken of such an extraordinary letter, and on
some consultation, that Gentleman suggested the pro.
priety of delivering the letter officially to him, in or-
der that it might be submitted to the consideration
of the Secretary at War. In compliance with this
suggestion, he did accordingly deliver the letter to
Mr. Marshall. He never after saw the letter, but he
might have franked the tame cover. The letter came
originally to the office from the Army Medical De-
partment, and marked "On the public service./ It
was open, as such letters usually are. He begged to
observe, that he examined this, as well as other let-
ters, not from idle curiosity, but from a sense of im-
perative duty, to ascertain, according to the regula-
tions of the office, whether it were of a public or of
a private nature. There was no other letter or do-
cument under the cover but the letter from which
the charge was extracted. The passage in the charge
was connected in the letter, and not broken or inter-
spersed with other matter. The passage made such
an impression upon his mind, that he was enabled to
state that positively. On cross-examination by Mr.
Lindsay, the witness repeated in substance his former
statements, adding, that although there might be
much private matter in a letter, he was authorised to
frank it if it were mixed with matter of a public na-
ture, which he might think of importance to forward.
To ascertain this then, he was often under the neces-
sity of reading the whole of a letter, as he had done
in the present case. Letters when private were, al
matter of course, rejected, or thrown among other
letters to be sent by the post in the ordinary way ;
while, when public, they ss ere franked and forwarded
1 according to the Act of Pw liament. He did not take
any copy of the letter alluLkal to, nor did he know any
tiling of it after he h:'d t ti en it to Mr. Marshall.
Edward Aarshall contitmed the statement of the
last witness with respect to the reference to him upon
the subject of this letter. He was in the same offit*
with Mr. Powell when he was reading this letter ;
and heating that Gentleman exclaim--,, This is most
abominable," or words to that effect, his attention
was drawn to the letter; which being read to him, he
was so much struck with its expression and tendency,
as to recommend an official communication to him
upon the subject, in order to forward that commu-
nication to the Secretary at War. In making the
communication, Mr. Powell stated, that he was urged
to do so by the injurious tendency and the malevo-
lent character of this letter; and he (Mr. Marshall)
forwarded it to the Secretary at War, without any
other comment. It was the duty of the franking clerk
to examine all letters before he franked them.

At Garraway's Coffee-house, Exchaisg;..-- Alley. Cornhill, on
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LoT 1. HE VERY DESIRABLE COPYHOLD
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perfection, and Meadow LancVenclosed by Park Paling, con-
taining about

.le,t published,
12nris. price 2s. 6d. bound,
11111: (..WI3',ON ACCIDENCE, Methodised and
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11)..V.i I:I) OWEN, A. Al. Rector of Warrington.
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_ _ -

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RAMIS AID PARNASSUM; a New. Edition,
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Mr. Powell was again called in ; and in reply to a
question from Mr. Lindsay, whether it was the habit
of the War Office to forward any letter considered of
an improper tendency ? he stated, " Certainly not."
Q. What was the reason that this letter was for.
warded That rests With Lord Palmerston.

1..1 t.rt,k Testament, from the Test •of Gsiesbaelt and
tt:r price ss. bound.

Henry Elliot deposed, that as Private Secretary
to Lord Palmerston, he copied the letter alluded to,
in compliance with his Lordship's order—but the
copy produced by the Deputy Judge Advocate not
being that which the witness had written, the Court
adjourned for some time, in order to afford an op-
portunity to search for that copy. On the Court re.
suming, Mr. Elliot appeared with the copy which
he had written, and which he said, he had just ob-
tained from Lord Palmerston. This he deposed to
be a verbatim copy of the letter presented to him by
Lord Palmerston in February last, and which pur-
ported to be written by Owen Lindsay, aid addressed
to James Dease, at Chatham. The copy was then
read, and among other matter, independent of what
appears in the charge, there were some injurious re-
, marks upon Sir William Adams.

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THE OBLIQUE PIANO TORTL—Nearly Two
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James Dease was the first witness called in, while
the other witnesses were ordered out of Court. This
witness deposed, that he was a Staff Surgeon, sta-
tioned at Chatham in February last, when he recol-
lected to have received a letter from Mr. Lindsay,
which letter, or rather a part of it, he had been re-
quired by summons to produce to that Court ; but
he had not the letter in his possession, as it had been
some time since destroyed with other useless papers.
He had been in the habit of corresponding with Mr.
Lindsay, and was well acquainted with his hand-
writing. He remembered to have received a letter
which he knew to be is Mr. Lindsay's hand writing,
in February last, containing some expressions, inter-
spersed with other matter, which were much to the
same effect as the extract that appeared in the charge
before the Court. but, as far as he recollected, he
could not say that the terms wese exactly the same ;
to the best of his memory the letter referred to was
received by him in February last, but he could not
state the precise date. Upon examination, by the

Upon this letter being read, Mr. Elliot underwent
some cross-examination by Mr. Lindsay, in the course
of which he stated, that Lmers through the War-
Office did not come under his official cognizance, and
that his attention was incidentally drawn to this let-
ter by the order given by Lord Palmerston to have
it copied.
Here the DEPUTY JUDGE ADVOCATE declared the
case for the prosecution closed ; and Mr. Lindsay ex-
pressing a wish to be allowed tinl until to-morrow
for the preparation of his defence, the Court ac-
quiesced in his wish, and accordingly adjourned.

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THOMAS HATEMA, M.D. F.LS. Ste.
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y thone.Lit F,ever Ir.stitution,rme, in London.
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