Carole Divall

2nd Battalion: Gibraltar

Castle of San Marcos, Gibraltar. Photograph courtesy of emijrp

Quartermaster Kingsley has finally arrived from England, bringing with him 35 men, including 6 recruits, and the heavy baggage which was left at Kinsale when the battalion sailed from Ireland for Portugal in the spring of 1809.

There have been two deaths, and a further five men have been discharged in Ireland.

Sergeant John Masterson was reduced to the ranks on the 4th January, and Corporal Patrick Mulholland, on the 3rd January.

A court martial assembled on the 2nd January under the presidency of Lt Col Minet commanding the 2nd 30th ( and with two officers from the 30th among the sitting officers) to hear the case against John Simpson, William Woodhouse and Brian Farrell, privates in the 30th Regiment.  Simpson and Woodhouse were accused of robbery, and Farrell of conniving in the robbery.  All but two of the witnesses called by the prosecution and the defence were members of the 30th.

The first witness, Henry Lyon Levison, a merchant, testified that when he came to his warehouse on the morning of the 27th December his clerk told him a window had been broken.  When Levison examined the scene he found signs of disturbance and realised that 8 dozen pairs of stockings and six shawls were missing.  Having established that the 30th Regiment had been on guard and being unable to find the captain of the guard, he went to RSM GLass, who undertook to make enquiries.

John Peake, Levison’s clerk, described how he had found indications of a robbery when he arrived for work.   He gave the value of the missing goods as 130 Cobs.

RSM Glass testified that after Levison’s visit he inspected the roll to find out which members of the battalion had been on guard.  When he searched, he found some of the missing articles in Simpson’s bed.  Farrell later confessed to him that Woodhouse had given him some rum, and he had then seen Woodhouse going backwards and forwards between the store and a cart.  Simpson, when questioned, claimed to have found the articles in a cart, and implicated Woodhouse.  In answer to a question from the court, Glass said that the prisoners had been confined as soon as the articles were discovered.

Acting SM Woods supported Glass’s testimony.  He also said that the articles were concealed in Simpson’s bed between the bedclothes and the palliasse.

Private Thomas Brady claimed he was told by Woodhouse where he could fine 8 or 9 pairs of stockings, (hose) and that Drummer Turgoose was already wearing a pair.  While he was in company with Farrell, to whom he was chatting about their time in Lisbon, Brady witnessed Woodhouse bringing goods away from the window of the store.  At this point he was questioned by Woodhouse and told him that in his opinion the goods must have come out of the window.  Brady then denied a suggestion from the court that he was a look-out for Woodhouse.

On the 3rd January, Private John Sturgess told the court that when he came off guard at 2 a.m. he was told by Woodhouse, who was on main guard, that he knew where there were some stockings for the taking.  He insisted this was all he knew, although he had initially been placed under arrest.  He also denied turning King’s evidence.

Private William Benson described how he was woken during the night by a rapping on the window.  He got up and saw Simpson put three small bundles through the window.  He asked Benson to carry them to his comrade, Drummer William Johnstone, with whom he shared a bed, which he did.

Johnstone then told the court how he put the bundles which Benson gave him under the head of the bed and then went back to sleep.  He was woken again when Woodhouse was calling to Private Woodham, who slept near the window.  Johnstone went to the window and took two more bundles.  In answer to a question from Woodhouse, he said he had recognised him by his voice.

The only officer to testify was Ensign Garvey, who had been sent by Colonel Minet to establish the names of those who were prepared to turn King’s evidence.  He addressed Woodhouse, Sturgess, Turgoose, Simpson and Farrell. Woodhouse, Turgoose and Farrell all said they would become King’s evidences.

The last witness for the prosecution was Drummer Robert Turgoose.  All three prisoners objected because he had deserted from the battalion in Portugal.  They called upon Col. Minet to rule him inadmissable as a witness but Minet himself told the court under oath that Turgoose had been charged with and found guilty of absence from quarters, not desertion.  Consequently, the court overruled the prisoners’ objection.

Turgoose admitted being a witness to the robbery, giving some details of how the bundles were removed from the warehouse, using a pair of ramrods tied together.  He also claimed that both Farrell and Brady had seen what was happening.

Simpson asked Turgoose to confirm that he, Simpson, had been on sentry duty throughout, but Turgoose would not.  Simpson also claimed that Turgoose had received a pair of stockings.

In response to a question from the court, Turgoose said that Woodhouse and Simpson had promised to divide the plunder with himself, Brady and Farrell, but he denied that he and Brady were acting as look-outs.

This was the end of the prosecution case and the following day the prisoners offered their defence.

Simpson described how he had been on sentry duty from midnight.  Soon afterwards a young woman offered him some rum, which he refused.  Later Woodhouse came and told him about some bundles in a cart.  When Simpson was relieved at 2 a.m. he went to have a look.  Turgoose offered to show him where the cart was, and Simpson noticed that he was wearing a pair of black stockings, which he later disposed of.  Simpson then returned to his post at the Auctioneer’s House, and remained there until relieved at 8 a.m.

Woodhouse also claimed to have been offered rum by a young woman, and took a sup.  The woman told him she had nowhere to go that night.  She saw a cart, got into it, and found some bundles.  Woodhouse then told Brady and Turgoose about the bundles of stockings but Turgoose said he already knew because he was wearing a pair.  Later Woodhouse told Simpson about the bundles.

Farrell, for his part, claimed to know nothing about the robbery, although he admitted that Woodhouse had given him some rum.

Simpson called Sergeant Joseph Jackson, in order to establish that he had been at the playhouse from between 7 and 8 until 11, and had then been posted sentry at midnight.  Corporal Gadborough testified that he had posted Simpson at the Auctioneer’s Rooms  but neither Jackson nor Gadborough had seen him later that night.

Woodhouse called Corporal Benjamin Sergeant to prove that he had been posted at the main guard at 2 a.m.

Farrell merely restated his innocence.

After due deliberation,the court found all three men guilty as charged,

………………………and sentenced them to 7 years transportation.

No doubt the members of the court have now had time to reflect on the truism, that there is no honour among thieves.

1st Battalion: Trichinopoly

17th Century Mughal painting

Lieutenant Skirrow has been given 12 months’ leave to Europe.  Captain Chambers is on his way to Madras, also to return to Europe, to arrange his transfer into another regiment.

Meanwhile, the court martial which heard the case against Lieutenant Nicholson has been reconvened.  Today they have received a letter from the Judge Advocate General Leith, dated the 10th January 1810  and written on behalf of Major General Goudie, C-in-C of the Forces.

The Deputy Judge Advocate read the letter to the court, from which it is clear that General Goudie has taken issue with the conduct of the case.  He is particularly concerned about remarks made about Lieutenant Barlow, implying that he had been guilty of perjury, although he was never charged.  He also felt that quarrels between Maxwell and Nicholson were irrelevant to the case.  Consequently, General Goudie wanted all references to former conduct expunged from the case and required them to be crossed out of the written record.  The proceedings are now to be forwarded to Colonel Wilkinson for confirmation.

The court has also received a letter from Colonel Wilkinson, written on the previous day.  Wilkinson was unhappy about the court’s intention to acquit Nicholson of the additional charge, that he had reneged on his agreement to resign from the regiment.  He thinks Nicholson should have been found guilty because he believes it was not the absence of a recommendation that made Nicholson refuse to sign the resignation.

The court can now publish its verdict.  Nicholson is found not guilty on the first part of the first charge, that he urged the repetition of a duel, but guilty of the second part, that he said blood must be spilt.  Despite Wilkinson’s objection, they maintain that Nicholson was not guilty of the additional charge.

They have sentenced Nicholson to be reprimanded by the C-in-C of the Forces.

Because his objection to the verdict has been overruled by the court, Wilkinson will now have to confirm the sentence,

Depot: Wakefield

Recruits are being enlisted by the various recruiting parties, although exact figures are not yet available.

One recruit has deserted from headquarters at Wakefield.

Coat of arms: Maxwell of Cardoness

Although it is common enough for a father and son or a pair of brothers to serve in the same regiment, particularly where the family has a strong military tradition, the Maxwells of Cardoness were unusual in that a pair of brothers in one generation were followed into the 30th by a trio of brothers of the next generation. Continue Reading »

2nd Battalion: Gibraltar

The top of the Rock of Gibraltar, picture by Christopher Buttergieg

Two deaths have been reported in the last two weeks: Private James Empson, a sawyer from Whitney, died on the 20th December; and Private Thomas Connor, a labourer from Stokestown, died nine days later.

Charles Watson, who was demoted to the ranks on the 12th December for a relatively minor misdemeanour, was promoted back to sergeant on Christmas Day.

The main concern of the battalion has been the fate of Lieutenant Richard Heaviside.  A court was convened on the 20th December under the presidency of Major General John Fraser.  Heaviside was charged:

“That he did on the morning of the 15th day of December 1809 wilfully amd of malice aforethought kill and murder Lieutenant Lewis Montfort of the 47th Regiment of Foot with a pistol in a duel near Fort Barbara in Spain.”

Heaviside pleaded not guilty.

The first two prosecution witnesses were the surgeons of the two regiments.  William Harpur of the 47th described Montfort’s fatal wound as a gunshot wound that severed an artery, causing him to bleed to death.  He also located the scene as at the Spanish Lines.  In response to questions from the Judge Advocate, he claimed ignorance of how Montfort received the wound but admitted that Heaviside was in the vicinity, walking away from the dead man.

John Hennen, surgeon to the 30th, saw Montfort “in the agonies of death” behind Fort Barbara.  He observed profuse bleeding from what appeared to be a gunshot wound.  He too saw Heaviside nearby and described him as “standing on the ground”.  Others in the area were Lieutenant George Rumley of the 30th and another gentleman in coloured clothes [uniform] whom he did not recognise, the surgeon of the 47th, a servant, and some Spaniards, all of whom were just standing around.

The next two witnesses had seen Montfort and Heaviside on guard together.  Lieutenant Michael Eades of the 30th had heard them exchanging words at the Landport Guard when Montfort used “very harsh expressions to Lieutenant Heaviside”.  He also ordered Heaviside to sit or quit the guard room.  As Heaviside left, he informed him that his name was Montfort.  Captain William Davies of the 47th agreed that he had seen the two men mount guard together but, when pressed by the Judge Advocate, would only testify that he overheard “such conversation as was common among gentlemen.”

The next witness, Lieutenant Rumley, when invited to tell all he knew about Montfort’s death, responded: “I claim the protection of the court, I can’t answer that question without committing myself.”  The court allowed him not to testify, and then extended the same right to Lieutenant William Scott of the 47th, who made the same plea.

Heaviside asked no questions of the prosecution and when invited to make his defence merely abided by his plea of not guilty.

The court withdrew to consider their decision and soon returned with a verdict of not guilty, to the relief of Heaviside and the whole battalion.

The verdict of the Heaviside Court Martial

On the 27th December two privates of the 30th, John Simpson and William Woodhouse, were arrested for breaking and entering, and stealing stockings and shawls.  Private Brian Farrell was later arrested for aiding and abetting.  The three men now await trial.

1st Battalion: Trichinopoly

Lieutenant Lewin was given permission by the officer commanding the Southern Division (General Wilkinson) to retire to the Presidency for recovery of health.  On the 22nd December Captain Chambers received permission to proceed to Europe.

On the 18th December the court trying Lieutenant Nicholson re-convened.  Invited to present his defence, Nicholson requested that his initial statement should be read on his behalf because his health was still uncertain.  The court agreed that it should be read by a junior member.

Nicholson’s main arguments related to the long delay between his vist to Major Maxwell, when he was supposed to have said that blood would be shed, and Maxwell reporting the claim to Colonel Vaumorel, a delay of more than nine months.  He also denied using the term “Blood must be spilt” or urging the repetition of a duel.  He pointed out that the original duel was conducted at the behest of the officers of the 30th, to clear the air between Jackson and Chambers, and it was only when a story emerged that Chambers, rather than Jackson, had apologised that he, Nicholson, became involved.

His next concern was to discredit Lieutenant Barlow, who, he pointed out, had been accused by Maxwell of perjury on another occasion.  In his opinion, Maxwell’s delay and Barlow’s unreliability more than answered the first charge.

As for the second charge, he was accused by Lieutenant Sinclair of having challenged him to a duel, but the court martial which would have proved his innocence was abandoned on account of his serious illness.  The crucial letter in which he requested an exchange into another regiment belonged to this period.  He again acknowledged that the signature was his, but claimed that he had no recollection of signing it.  He did claim, however, the Colonel Vaumorel’s subsequent behaviour, in demanding that he should sign the resignation before he received the promised recommendation, demonstrated his enemies’ desire to ruin him.  He was, indeed, still desirous of quitting the regiment, but he did not trust Vaumorel.

Finally, he pointed out to the court that he had been held under arrest for thirteen weeks, an excessive amount of time.

From the witnesses he called Nicholson was able to establish that Wilkinson had had some discussion with Maxwell about the time the decision was taken in September to arrest Nicholson, that other officers of the regiment, including Vaumorel, had formerly found not fault in his conduct, and that Lieutenant Sinclair had originally heard the story about blood being spilt from Lieutenant Barlow.  Chambers, not surprisingly, supported Nicholson’s claim that nothing had been said about blood being shed.

The following day (19th) several men in the ranks testified on Nicholson’s behalf.  Most damning was the evidence of Private Quinn, who maintained that Corporal Cherry had asked him to perjure himself.  He had also heard from some other men that Major Maxwell had told Cherry he would soon be promoted sergeant.

On the 20th Nicholson questioned Vaumorel, who maintained that he had completed his side of the agreement, even though on two occasions he did not send the promised recommendation with the letter of resignation to which Nicholson was expected to add his signature.  When the President questioned Vaumorel further, he still claimed that he had fulfilled his part of the agreement.  At this point Lieutenant Cunningham agreed with Nicholson that the recommendation should have accompanied the resignation letter.

Finally, Maxwell, for the prosecution on the first charge, called several witnesses to establish Barlow’s veracity, claiming that the accusation of perjury had been based on a misunderstanding.

The next day Cunningham, as Judge Advocate, proposed to read the whole proceedings to the court, rather than summarise prosecution and defence.  The court then considered their verdict but did not make it public.  Instead, the court adjourned sine die. The verdict of the Court Martial is expected in due course.

Depot: Wakefield

Eight recruits have joined, in addition to the eleven men from the militia, and a further six recruits are still with the various recruiting parties.

Private John Blower, a labourer from Shipstone, recently deserted from the depot.

Privates Patrick Hagan and George Batemen have both been discharged in Ireland as unfit for further service.

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