Monday, the

Second Day.

of January, 18-, nine o'clock.

The Court, having re-assembled pursuant to adjournment, was opened, the prisoner brought in, the audience. admitted, and the Court proceeded in the trial as follows:

of H. M. S.

Prosecutor.

Answer.

sworn and examined as follows:

?

[The prisoner declined cross-examining this witness.] [The witness withdrew.]

The evidence in support of the charges being finished, the prisoner (who had been attended by his friend in Court during the examination) was called upon to make his defence, when he requested till morning for that purpose. The Court informed the prisoner that they would. meet to-morrow morning at nine o'clock, and, if he was not then prepared, he might renew his application for an adjournment.

Court adjourned until to-morrow morning at nine o'clock.

Tuesday, the

Third Day.

of January, 18-, nine o'clock. The Court, having re-assembled pursuant to adjournment, was opened, the prisoner brought in, and the audience admitted.

The prisoner then read the annexed written defence* (No.).

[Here attach the defence.]

After reading the defence, the prisoner put in the annexed certificates, six in number, marked A. to F., which were read to the Court by the officiating Judge-Advocate as follows:

[Here attach the Certificates.]

*The defence must be signed by the prisoner.

The prisoner then desired to call witnesses in his defence.

The prisoner having nothing further to offer in his defence, the Court was cleared, and proceeded to deliberate upon and frame the sentence.

The Court having very maturely and deliberately weighed and considered the evidence in support of the charges, as well as what the prisoner had to offer in his defence, as also the evidence adduced in his behalf, was of opinion, that the first charge had been proved against the prisoner and that the second charge had been in part proved. The Court did, therefore, as regards the said first charge, adjudge the said to be dismissed from Her Majesty's ship; and as regards the second charge, the Court was of opinion, that it had been proved that the prisoner had behaved with contempt to his superior officer; but that so much of the said second charge as relates to disobedience of orders had not been proved. The Court did, therefore, adjudge him to be severely reprimanded for such contempt to his superior officer, and acquitted of disobedience of orders.

The Court was re-opened, the prisoner brought in, the prosecutor, witnesses, and audience admitted, and the prisoner so, respectively, sentenced and acquitted accordingly. And it appearing to the Court that —————, of Her Majesty's ship, who was produced as a witness, did, in the course, of his examination, prevaricate in his

evidence, the Court did, therefore, adjudge him, the said —, to be imprisoned in one of Her Majesty's prisons in England, for the term of three months.

J. K.,

Officiating Judge-Advocate.

No. XXIV.

Form of Sentence.

At a court-martial assembled on board Her Majesty's ship "Albion," at Malta, on

the day of January,

18-, and by adjournment every day afterwards (Sunday excepted) to the day of January, 18-.

9

Present.

Esquire, Rear-Admiral of the Blue Squadron,

and second officer in command of Her Majesty's ships and vessels at Malta, President.

Esquire, Commodore of the First Class, and First

Captain of Her Majesty's ship "London."

G. H.,

(Commodore of the Second Class). (Additional) of H. M. S. "Rodney." J. K., Officiating Judge-Advocate.

The Court, pursuant to an order from Sir, Knight Commander of the Most Honourable Order of the Bath, Vice-Admiral of the Red Squadron, and Commander-inChief of Her Majesty's ships and vessels employed, and to be employed, in the Mediterranean, dated the

day of

18, directed to, Esquire, Rear-Admiral of the Blue Squadron, and Second Officer in Command of Her Majesty's ships and vessels at Malta, having been duly sworn according to Act of Parliament, proceeded to the trial of of Her Majesty's ship, on the

following charges exhibited against him by Captain of the said ship, viz.:—

Esquire,

First Charge.

"For that he, the said being in actual service and full pay in the fleet, and - of and belonging to Her Majesty's ship, did, on the day of ——, 18—, behave in a disrespectful and contemptuous manner to me (Captain), his superior officer, by stating, on the quarter-deck of the said ship, that I encouraged insubordination amongst the crew, by not punishing them sufficiently, or words to that effect."

being in actual service and of and belonging to Her day of, 18—,

Majesty's ship, did, on the disobey the lawful order of, and behave with contempt to me (Captain), his superior officer, by refusing to leave the quarter-deck, when ordered by me to do so."

And having carefully and deliberately weighed and considered the evidence in support of the charges, as well as what the prisoner had to offer in his defence, as also the evidence adduced in his behalf, and having very maturely considered the whole, the Court is of opinion that the first charge is proved against the said; that so much of the second charge as relates to the prisoner having behaved with contempt to Captain, his superior officer, is also proved, and that the charge of disobedience of orders is not proved.

And the Court doth, therefore, adjudge the said

to

be dismissed from Her Majesty's ship, for the offences specified in the first charge; and as regards the second charge, to be severely reprimanded for having behaved with contempt to his superior officer, and acquitted of disobedience of orders.

And the said is hereby respectively adjudged to be dismissed from Her Majesty's ship, severely reprimanded,—and acquitted accordingly.

And it appearing to the Court that, of Her Majesty's ship, who was produced as a witness, did, in the course of his examination, prevaricate in his evidence, the Court doth hereby adjudge him the said to be imprisoned in one of Her Majesty's prisons in England for the term of three months.

(Signatures of the members.)

[The senior member signs first, and so on in order down to the junior member.]

J. K., Officiating Judge-Advocate.

Sentence of Death.

The Court doth, therefore, adjudge the said

to be

hanged by the neck at the yard-arm of such one of Her Majesty's ships or vessels, and at such time as the Commander-in-Chief shall direct.

-

Sentence of Corporal Punishment.

The Court doth therefore adjudge the said to receive lashes on his bare back with a cat-of-ninetails, alongside or on board of such of her Majesty's ships and vessels, at such time, and in such proportions, as the Commander-in-Chief shall direct.