Carole Divall

2nd Battalion: Torres Vedras

Bad weather on the Lines of Torres Vedras

The battalion have recently experienced the extreme weather of central Portugal – thunder, lightning, and hailstones bigger than anything most of the men had ever seen.  As a result brigade parades were suspended on the orders of General Leith as soon as he returned from Lisbon on the 4th January and were not resumed until the 12th.

The Paymaster, Hugh Boyd Wray, Lieutenant Matthias Andrews and Ensign Arthur Freear arrived from Lisbon on the 1st January, bringing with them a detachment of men who had recovered from sickness.  Five sergeants and 110 rank and file remain sick in Lisbon, however, although the number of “sick present” has greatly decreased.

There have been five deaths: Sergeant William Holmes and privates George Braybrooke and William Lane on the 5th January; James Owen, a boy, on the 11th; and Corporal Sergeant Holmes on the 13th.  News also reached the battalion that Ensign Crawford had died in Lisbon.

Matthew Donnellan, who was reduced from sergeant on the 30th August has been promoted to corporal.  Sergeant Joseph Scotton was reduced on the 11th January.  Word is that this will prove a short, sharp punishment for a minor misdemeanour.

The event that has attracted the most attention, however, is the return to the ranks of Daniel McCarthy.  Everyone assumed that McCarthy, who was on the transport Jenny when it was wrecked off the coast off Gravelines in 1805 was a prisoner of war.  It now seems that he has been serving in a French regiment.  All sorts of rumours are circulating and everyone awaits the regimental court martial when he will be tried on a charge of desertion.

1st Battalion: Trichinopoly

There have been three deaths: Lieutenant Cane on the 9th January, John Maddox on the 6th, and John Ward on the 14th.  Overall, though, the health of the battalion continues to be good.

Sergeants William Cherry and Thomas Dancer and Corporal George Davis were reduced on the 10th January.  On the same day Ulick Wall was promoted to corporal, and the following day to sergeant, while Abram Dix was promoted the corporal on the 11th.

A court martial in session

For Ensign John Herring, the 4th January was the crucial day of his court martial when he finally presented his defence against a charge of being drunk on duty.  Having answered the prosecution case with a flat denial of any wrongdoing or incapacity, he then proceeded to call his witnesses. the first being Lieutenant Hutchinson with whom, according to Ensign Light, he had been drinking deeply.   To general surprise the prosecutor, Major Maxwell, objected to this witness.  The court was closed so that he could present his reasons, whereupon the court overruled the objection.

Mr Hutchinson claimed that there had been only moderate drinking.  He also maintained that Mr Light (contrary to the evidence he had given earlier for the prosecution) had not been required to read the orders of the day because Ensign Herring was drunk, a point corroborated by the corporal who was on duty.

Herring now called four sergeants to testify on his behalf.  None of them had thought him to be drunk, although one had noticed some hesitation when the captain of the day (Jackson) ordered arms.  This was clarified, however, by Sergeant Burke, who was covering sergeant.  In response to a question from the court, he pointed out that Herring had been ordered to inspect the guard at “ordered arms” rather than the customary “shouldered arms”.  This, of course, explained the hesitation.

Three further witnesses now testified.  Lieutenant Perry remembered talking to the prisoner shortly before guard mounting and had not been aware of anything unusual in his manner, while both Lieutenant Sinclair and Lieutenant Tongue both commented on his tendency to walk and march in a nervous, unsteady manner at all times.

Ensign Herring had only three days to wait for the decision of the court.

The final page of the verbatim record of the court martial

In the words of the Officiating Advocate General, Captain Coombs:

“The court having maturely deliberated upon the evidence produced in support of the charge, and what has been urged and adduced in support of the defence, are of opinion, that the charge against the Prisoner, Ensign John Herring, has not been proved and do thereby acquit him of the same.”

Depot: Wakefield

Three more men have enlisted at headquarters, while four men and three boys have joined from the recruiting parties.  A further seven recruits, two men and five boys, are on their way to join.

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2nd Battalion:  Torres Vedras

Fort São Vicente on the lines of Torres Vedras

On the 18th December the battalion was withdrawn to the town of Torres Vedras on account of sickness, which has reduced the manpower by a third.  Among those sick in Lisbon are Lieutenant Colonel Minet and the second major, George Grey.  There have also been three deaths during the past fortnight, Matthew Gunn on the 19th, James Allen on Christmas Day, and John Hinchclliffe yesterday.

Corporal John Henry was promoted to sergeant on Christmas Day, and Edward Woods to corporal.  On the same day John Bunker returned to the ranks from drummer.  James McGuire was appointed drummer in his place.  Corporal John Robinson was reduced on the 29th December.

There have been problems with drill recently.  According to the adjutant, William Stewart, there has been a great display of errors which need correcting.

1st Battalion: Trichinopoly

The court martial of Ensign John Herring, who had been under arrest for a month, started on the 20th December.  The court comprised five officers of his own regiment, and nine East India Company officers under the presidency of Lieutenant Colonel Bruce of the 2/19th Foot.  The Judge Advocate was captain J.M.Coombs of the 25th Native Regiment.

The first page of the original court martial document.

The proceedings were recorded verbatim by the Clerk of the Court

The charge, brought by Major Christopher Maxwell, 1/30th, was that Ensign Herring was guilty of “scandalous and infamous conduct unbecoming the character of  an officer and a gentleman, in appearing on the public parade of the regiment, and when for guard, on the 18th November, in a state of intoxication.”

Major Christopher Maxwell, 30th Regiment, who laid the charge against

Ensign Herring and who introduced the case for the prosecution.

After Ensign Herring entered a plea of not guilty, Major Maxwell introduced the case for the prosecution.  The main evidence for Ensign Herring being “in a state of intoxication and perfectly incapable of doing his duty” came from the testimony of Ensign and Adjutant George Stephenson, who referred to the prisoner staggering and giving an order precipitously.  He was supported by Captain Jackson, officer of the day, and Quartermaster Poyntz.  The Adjutant General cross-questioned all three witnesses to establish whether there might be some cause other than intoxication (such as “some sudden attack”) to explain the prisoner’s state.  Ensign Herring also suggested that he might have lost his balance because of some impediment such as a loose stone.  The prosecution witnesses, however, were consistent in their claim that the staggering they noticed was caused by intoxication alone.  The adjutant did concede, however, in response to a question from the judge advocate, that intoxication was not apparent in the prisoner’s language.

The final prosecution witness was Ensign James Light.  He described how the prisoner had been drinking deeply earlier in the day, along with Lieutenant Hutchinson, and had refused to heed Light’s warning that such drinking would get him “into a scrape”.  He also recounted how the Orderly Corporal came to warn Ensign Herring that he was for guard and that Herring was incapable of reading the orders, to the point that Light read them to him.

The prisoner was now called for his defence, whereupon he requested a week to prepare it.  This was granted.

The court re-assembled on the 27th December but had to be adjourned because Captain Coombs was unwell.  There was a second adjournment yesterday, for the same reason.

Depot: Wakefield

The Cambridgeshire Fens, a fertile recruiting ground for the 30th Foot

Returns from the recruiting parties indicate that 13 recruits have been raised for the regiment this month, including five from Cambridge.

Lieutenant Michael Sparkes has been sent to Cadiz at the particular request of General Sir Thomas Graham.  He possesses engineering skills which General Graham is anxious to utilise for the defence of Cadiz.

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