DESERTION IN THE CRIMEA BEFORE THE ENEMY.
CHATHAM, Not. s. — The members of the General Court martial resumed their sitting at 10 a.m. this day, in the General Court-martial Room, Chatham Barracks, for the trial of Henry Warner, 17th Lancers, No. 1224, for having deserted from his regiment when in front of the enemy at Kadikoi, in the Crimea, on the Bth of August, 1855.
Capt. Congreve, Brigade Major Chatham, officiated Deputy Judge-Advocate; and Colonel R. Phillips, commanding 2nd Depot Battalion, was president.
The charge having been read,
The prisoner, who was dressed as sailor, was asked the President whether he pleaded guilty or not, and replied, in a firm voice, " Guilty."
Staff Captain William Miller, from the Cavalry Depot, Maidstone, was the prosecutor.
The first witness examined was Sergeant John Peen, 17th Lancers. He knew the prisoner, who deserted from the regiment in August, 1855, when the regiment was in active service at Kadikoi. The prisoner was not seen again until he was in the guard-room at the Cavalry Depot, Maidstone.
The Prisoner: What state of mind and body was I in when I deserted?'
Sergeant Perm replied that he knew the prisoner to have been hospital a day or two before he deserted, but could not say the disease he was suffering from.
Sergeant William Pervis, 17th Lancers, was the sergeant of the guard on the 10th of October last at Maidstone Barracks, when the prisoner was handed over to him by a military escort.
Captain Miller said he had more evidence to offer.
The prisoner then handed to the Court written defence, throwing himself on the merciful consideration of the Court. At the time of his desertion he was labouring under an afflicted mind, in consequence of receiving letter from his mother, giving an account of his father's death; and, being just released from Hospital, he wandered about for two days, and did not like to return to his regiment; he therefore concealed himself on board Her Majesty's ship Colossus, and subsequently served on board as a stoker to 1856, when the ship was taken into dock at Portsmouth. He then gave himself up to Sergeant Irish, Royal Marine Artillery, as deserter from the 17th Lancers. He was then placed in irons the cock-pit the Colossus, by order of Capt. Turner, and there kept irons for 10 weeks and three days. He was released by Capt. Turner, who had him up on the quarter-deck and told him that he had written to the Horse Guards, and also to Colonel Benson, commanding the regiment, which was then Ireland, and they disowned him. He was therefore set liberty. He also served on board three others of Her Majesty's ships, and on being paid off from the last he was sent to the Woolwich, and afterwards transferred to the Cumberland. Having obtained pass to see his friends in the beginning of October last, he was going from the London Bridge Station when he was taken as deserter from the 17th Lancers. The prisoner then called Captain Turner, and put several questions to him. Captain Turner said he was command of Her Majesty's ship Colossus in 1856. He did not recollect the prisoner joining that ship, neither did he recollect the prisoner being brought to him on the quarter-deck Sergeant Irish, Marine Artillery, nor yet the circumstance of Mr Griffin, the master-at-arms, releasing the prisoner, and having the prisoner before him on the quarter-deck and saying that he had written to the commanding officer of the prisoner's regiment and he refused to claim him. Nor did he recollect any correspondence having been entered into on the subject of the prisoner by himself to any one.
By the Court: you recognise the prisoner as having served on board the Colossus in 1856 ? — I do. the Court: For what length of time 1856 did the prisoner serve ? — I cannot say. I know he served that ship. the Court: Was he prisoner during any part of that time he was on board the Colossus: — I do not recoiled. the Court: Could the circumstances have occurred on board the ship of which you were the commander which have been mentioned by the prisoner — of his being delivered over to you a deserter, and your having placed him in irons, and your having written to the commanding officer of the 17th Lancers, and having released him — without your knowledge ? — The circumstances might have occurred, but I have no recollection of them.
By the Court: Could the prisoner have been confined on board your ship for 10 weeks and more in irons, and released, without your knowledge cannot recollect. The Court asked Captain Turner whether he could, on application to the Admiralty, obtain the information, as alleged the prisoner, of his having been put into irons on board the Colossus and afterwards liberated, and other records concerning the prisoner on his surrendering as a deserter. — Possibly I might; it doubtful.
Sergeant Isaac Irish, Royal Marine Artillery, was called by the prisoner. The sergeant stated that August, 1856, he took the prisoner by order of the adjutant at Portsmouth Barracks, and delivered him over to the commanding officer of the Colossus, when that officer said to the prisoner, " You have made pretty mess or this."
Captain Turner sent for the master-at-arms, ana the prisoner, by order of Captain Turner, was put irons. The next time he saw the bin three months. He was then barracks at Portsmouth, dressed the uniform of the Colossus. The prisoner told him that the commander of the ship had written to the commanding officer of his regiment, who had disowned him. The prisoner was then on leave from the ship.
Patrick Foley, No. 1,452, private, 17th Lancers, said that he served with the prisoner during the camp The prisoner was in hospital two three before went away. The prisoner complained of pains the head and giddiness.
Captain Turner was recalled.
The prisoner P»* myself up as collect my stating the m away so deserter from the 17th Lance" recoll^tion> long from the corps ? — l . rr rm(l _ n( r d o yon recollect,
By the Court: Captain I any one being yon were the commander of the o f Royal Marine brought on board the ship by escort _ ecol Artillery, Portsmouth, as a prisoner. '"
By the Court: When did you leave the (Colossus Some time in October, 1857., al office gentleman from the Admiralty produced letter, dated the 19th of August, 1856, wherein t, that the prisoner, Private Henry Warner, * arda 17th Lancers, deserted the Crimea, and » . a ",;* h surrendered himself as a deserter to Her Majesty s f Colossus. The communication was made the of State to the Admiralty to his Royal Highness General Commanding-in-Chief, who said that desire to claim him. The letter was signed "B. " flW d The back of the letter showed that communication been received from the commander of the Colossus tne subject of the prisoner.
The Court was then closed. The issue of this extraordinary trial will not be known until the proceedings have been laid before Her Majesty.
