"That does not signify. Did you tender them a copy?"
"No, sir."
"Then you ought to have done so."
The prisoners here said that they did not want a copy.
The President's answer to this innocent remark was, that whatever they
had to say they must reserve till they were called upon for their
defence.
Desirous of not provoking the animosity of the President, they bowed,
and very respectfully thanked him for the suggestion. Whereupon
the President, who was a terrible talker, and passionately fond of
allusions to his own career in the army, mentioned a case within his
own personal knowledge. It was a case that happened in Canada, and he
had reason, he said, to remember it, because he was at the time on
the staff of that distinguished officer, Sir James Kemp, and heard
Sir James remark upon it. The Honourable Ernest Augustus Fitzblossom,
a younger son of the Earl of Millflower, was tried for cheating at
cards, was found guilty, and sentenced to be cashiered. This sentence
was confirmed and approved by the General Commanding-in-Chief, and
the Honourable Lieutenant went home. An appeal was made to the Horse
Guards, and it came out that no copy of each day's proceedings had
been tendered to the prisoner, and upon that ground the whole of the
proceedings were declared by his Royal Highness the Duke of York to be
null and void. He (the President) did not mean to offer any opinion on
that case, but he merely quoted it, and being on Sir James's staff at
the time, he had reason to remember, in order to show that such was the
rule.
A Captain in the Bengal Cavalry said he knew of a case which occurred
in this country (India) where the very reverse was held. The
prisoner--a Lieutenant Burkett, of the Bengal Native Infantry--was
tried for being drunk whilst on outpost duty. The trial lasted for
seventeen days, for no less than thirty-eight witnesses--principally
natives--were examined. The Lieutenant, at the close of the case for
the prosecution, demanded a copy of the proceedings, in order to
assist him in drawing up his defence. His demand was not complied
with. He was convicted and dismissed the service. He appealed to the
Commander-in-Chief, who ruled that a prisoner had no right whatever to
a copy of the proceedings until after his conviction, and therefore he
confirmed and approved the sentence, or rather, as he had done that
already, he rejected the appeal.
"Did he appeal to the Horse Guards?" asked the President.
"No; he belonged to the Company's service."
"Well, did he appeal to the Directors? They might have restored him.
They have just restored a man, Bagin, who was cashiered two years ago
for gross fraud and falsehood in several instances."
"Yes, I know. Bagin was in my regiment. But Bagin has an uncle in the
direction, besides a stepfather who would have had to support him and
his family if his commission had not been restored to him. Burkett had
no friends, and very lucky for him."
"How do you mean?"
"He entered the service of a native prince, and, being a steady fellow
and a clever fellow, he made a fortune in the course of nine years, and
is now living at home on his fifteen hundred a year."
"I know of another case," said another member of the court, and he
proceeded to detail the particulars. When he had finished, another
member told of another case; and so this desultory narration
of individual experiences went on for one hour and a half--the
Deputy-Judge-Advocate, with his tongue protruding, writing away as
methodically as possible. What he was writing I do not know; but I
fancy he was taking down the "heads" of the various cases that were
quoted, in order that his Excellency the Commander-in-Chief might have
the satisfaction of examining them. I was told afterwards that we, the
audience, and the prisoners, ought not to have been allowed to remain
in court during this narration of cases, and the anecdotes which the
narrators wove into them; but I need scarcely say I was very glad that
our presence had been overlooked; for if I had not seen and heard what
took place, I should not certainly have believed, and therefore should
not have dreamt of describing, it. It was during this conversation
that Blade won back from his adversary, at odd and even, the greater
portion of the money he had lost on the previous day; nor that either
Blade or his adversary failed to take a part in the conversation,
for both of them would now and then ejaculate "What an extraordinary
case!" "Did you ever!" "No, never!" "It seems impossible!" "Cashiered
him?" "Shameful!" "Who could have been the chairman of the Court of
Directors?" "A Dissenter, I'll be bound!"
"Well, sir," said the Deputy-Judge-Advocate-General to the President,
when he had finished his writing, "what shall we do? Shall we adjourn
the Court until a copy of yesterday's proceedings is made, and given
to the prisoners?"
"No doubt," said the President; "that is the only way in which the
error can be repaired. But a copy must be delivered to each of them."
"But had we better not take the opinion of the Court on the subject?"
suggested the Deputy-Judge-Advocate-General.
"By all means," conceded the President; "but in that case, the Court
must be cleared, while the votes are taken."
"Clear the Court!" cried the Adjutant; and out we all marched again,
into the mess-room, where more cheroots were smoked, and more weak
brandy-and-water imbibed.
The third day came, and the Court re-assembled. The
Deputy-Judge-Advocate-General read over the entire proceedings,
beginning from the very beginning, the swearing of the members, up to
the adjournment of the Court, and the reasons for such adjournment.
Here another discussion or conversation ensued, as to whether it
was necessary to read more than the last day's proceedings. The
Deputy-Judge-Advocate-General said he was quite right. The President
thought otherwise. All the other members of the Court spoke on the
subject, many of them at the same time. Blade and his adversary also
gave their opinions, the former for, and the latter opposed to the
view taken by the President. As this was a point that must be cleared
up, insomuch as the decision that might be come to would regulate the
future proceedings in this respect, the Court was again "cleared," and
we again marched into the room where the refreshments were to be had.
In half-an-hour's time we were re-admitted. But it was not until the
following day (for members are not allowed, in short, they are bound
by oath not to divulge what may be decided when the doors are closed),
that we learnt the Deputy-Judge-Advocate-General had carried his point,
and that a sort of parody of that old nursery story, about "the fire
began to burn the stick, the stick began to beat the dog, the dog began
to bite the pig," was the proper way to open the proceedings of each
day during a protracted trial by general court-martial!
So curiously is human nature constituted, that I, in common with the
rest of the audience, began, after the fifth day, to like the business,
and to watch its various twistings and turnings with great interest.
The mess-house, at which the Court was held, became a favourite lounge
for almost everybody in the station; and it was curious to hear the
bets that were made with reference to the probable "finding," and the
sentence. The trial lasted over thirteen days, inclusive of two Sundays
which intervened; and the proceedings were then forwarded to Simlah,
where they remained for a fortnight awaiting the decision of the
Commander-in-Chief, who, in fulfilment of Blade's prophecy, certainly
did put forth "a snorter of a General Order," and as full as it could
be of italics, capitals, and notes of exclamation and interrogation.
His Excellency "walked into" the President, and recommended him to
study some catechism of the Law of Courts Martial, such a book as
children might understand. His Excellency further remarked that the
Senior Captain (the principal witness), or any man wearing a sword,
ought to be ashamed of admitting that he was unable to define the
various stages of intoxication; and that he was astounded to find
that the Court in general should have paid so little attention to
the admirable reasoning, on this point, of a junior member whose
intelligence appeared to have enlisted no sympathy. (This had reference
to Blade.) His Excellency went on to say, that he had never himself
been drunk in the whole course of his long life, and to that fact he
attributed his position; that if the Court had done its duty it would
have cashiered the prisoners; that a "severe reprimand which the Court
awarded was a mockery which stunk in the nostrils," and that the
prisoners were to be released from arrest and return to their duty
without receiving it. But the Chief did not end here. He went on to
say, that he would maintain the discipline of the British army in the
East, in all ranks, or else he would know the reason why. And being, I
fancy, in some difficulty as to what to use, in the case (whether marks
of admiration or interrogation), he emphasized the last word of this
culminating and very relevant sentence thus:--
"WHY?!!!"
It was a matter of grave doubt whether the determination, thus
expressed, to uphold discipline in the army, was in any way assisted
by such general orders as those fired off from the pen of the ardent
Commander-in-Chief; the more especially as such general orders were
copied into the newspapers, and were read by (or listened to while
others were reading aloud,) every non-commissioned officer and private
in Upper India, Native and European. Three weeks after the promulgation
of the general order just alluded to, a trooper in the dragoons
having been talked to seriously by the captain of the troop, for some
irregular conduct, thus unburthened himself:--
"You! What do I care for what YOU say? You are one of those infernal
fools whom the Commander-in-Chief pitched into the other day for BEING
a fool." And as the peroration of this speech consisted of the dashing
off of the speaker's cap, and hurling it into the captain's face, the
man was tried, convicted, and sentenced to be transported for life.
If it be inquired by the reader whether the above description of a
Court Martial in India is a fair specimen of what usually transpires at
these tribunals, I reply, emphatically, "Yes;" and I make the assertion
after having watched the proceedings of no fewer than eighteen Courts
Martial during my sojourn in the East Indies.
* * * * *
Four officers who had obtained six months' leave of absence, and
who had rented between them a furnished house at Simlah, were about
to proceed there. I was tempted to accompany them. We left Umballah
at sunset in palkees, and at seven o'clock on the following morning
arrived at the foot of the hills, at a place called Kalka, where there
is an hotel. Having breakfasted, we commenced the ascent on ponyback,
and in the course of an hour and a half arrived at Kussowlie, where
a regiment of her Majesty's Foot was quartered. Here we rested for a
brief while, and then pursued our journey. Strange to say, although the
climate is superb, and the scenery grand beyond description, the men
(so I was told) preferred the plains, regarding them--to use their own
words--"less like a prison than the hills." From Kussowlie we pushed on
to Sirée, which is about half way between Simlah and Kalka. Here there
is a bungalow, at which we dined on the everlasting "grilled fowl,"
hard-boiled eggs, and unleavened bread. Some friends at Simlah, who had
been written to previously, had sent five horses to meet us; so that,
when we resumed our journey, we were mounted on fresh cattle. All along
the road the scenery is extremely picturesque and beautiful; but, in
point of grandeur, it does not, in my opinion, equal that of the Alps.
It was nearly dark when we arrived at our destination and entered the
house, where we found everything ready for our reception; the servants
had been sent on a day or two in advance of us.
It is a long and fatiguing ride, forty miles in the sun, albeit there
is generally a light breeze to modify the heat; and we were all
disposed to retire to rest. But we were unable to do so. The gentlemen
who had sent the horses to meet us, as soon as they were informed
of our arrival, came to see us, and, what was more, to take us to a
subscription ball, which was to take place that night at the Assembly
Rooms. It was useless to plead weariness. We were compelled to go.
The society of Simlah, though composed of the same elements,
differs very much from the society of Mussoorie. The presence of
the Commander-in-Chief, or the Governor-General, and sometimes both
(as was the case when I was at Simlah), imposes a restraint on the
visitors to this sanitarium. The younger men are less disposed to
run riot, and incur the risk of having their leave cancelled, and
themselves sent down to the plains. A ball, therefore, at Simlah
differs from a ball at Mussoorie. It is so much more sedate. More than
one half of those who prefer Simlah to Mussoorie, do so in the hope of
prepossessing one or other of the Great Authorities, by being brought
into contact with them, and thus obtain staff employ or promotion;
and very amusing is it to look on at a public entertainment and
witness the feelings of jealousy and of envy that swell the breasts
of the various candidates for notice and favour. Nor are the little
artifices that are resorted to unworthy of observation and a smile.
At this ball there was a lady, the wife of a civilian (a sad fool),
who had a great facility in taking likenesses, and she had drawn the
Governor-General in every possible attitude, both on foot and on
horseback. These clever and admirably-executed sketches were laid
upon a table in the ball-room, and excited very general admiration;
and it was very soon "buzzed about" who was the artist. The wife of
another civilian, however, maliciously neutralized the effect these
sketches would probably have had, by falsely saying, loud enough for
his Lordship to hear, "Ah! she said she would do the trick with her
pencil!" The consequence was, that when the lady's husband begged his
Lordship would accept this collection of portraits, as well as a few
sketches of the house inhabited by the Great Man, his Lordship,--as
delicately and as gracefully as the circumstances would admit
of,--"declined them with many thanks;" just as though they had been
so many unsuitable contributions to some popular periodical. The wife
of a military officer, however, was rather more fortunate. She, too,
had a great talent for drawing, and had taken an excellent likeness
in water colours of the Commander-in-Chief's favourite charger--the
charger that had carried the old Chief through his battles; and as the
lady begged that the Chief would accept the picture, he did so, and
the next _Gazette_ made known that Captain Cloughcough was a Major
of Brigade. By the way, this was an excellent appointment, for the
office required no sort of ability, and Cloughcough had none; he was,
moreover, a most disagreeable person in his regiment, and constantly
quarrelling with his brother officers, who were delighted to get
rid of him. To chronicle _all_ the seductive little arts which were
resorted to on that night, to effect a desired end, would half fill a
volume. But I cannot omit the following: it struck me as so _extremely_
ingenious. There was a lady, the wife of a young civilian, who had two
very pretty little children--a boy and a girl. Of these children, the
Governor-General took great notice, and, whenever he saw their mother,
made inquiries touching "the little pets," as he was won't to speak of
them. On the night of that ball, his Lordship did so. The lady replied
that they were quite well; but that the doctor had said their return
to the plains would be fatal to them, and that they must be sent to
England.
"Then you had better take the doctor's advice," said the
Governor-General.
"But, alas! my Lord," said the lady, "we have not the means. My
husband's pay is only 700 rupees a month, and we are, unfortunately,
very much in debt."
"That's a bad job," said my Lord.
"Yes," sighed the lady; "it is a very painful reflection--the idea of
losing one's little dears. But what is to be done? I dread the coming
of the 15th of October, when my husband's leave will expire, more than
I dread my own death."
"Could you not remain up here with them through the winter?"
"And be absent from my husband, my Lord? Besides, two establishments on
700 rupees a month!"
"That is true."
"If we could _send_ them to England under the care of some friend,
we would do so, before the hot weather sets in. But we cannot afford
it. Or if my husband had an appointment in some healthy station, out
of the plains, then they might be spared to us. The thought of the
beautiful roses on their cheeks just now leaving them, and their dear
little faces becoming pale and sallow, and their little limbs shrinking
till they are almost skeletons--it makes my very heart bleed!" (And
the pretty and ingenious little lady took her kerchief, raised it to
her eyes, and suppressed something like one of Mrs. Alfred Mellon's
stage sobs, which went, straight as an arrow, to the Governor-General's
sensitive heart.) "If," she continued, "my husband were a favourite
with the Secretary; but he is not--for he is too independent to
crave--then the case would be very different."
"The Secretary!" exclaimed the Governor-General, "what has he to do
with it?"
(The lady had aroused his Lordship's sympathy, and now she had touched
his pride, and inflamed his vanity.)
"I thought he had all to do with it, my Lord."
"You shall see that he has _not_," said the Governor-General. "Be
comforted, my dear madam, and come to the refreshment room." His
Lordship gave her his arm, and led her away from the couch on which
they had been conversing.
This "children's dodge," as it was called, was eminently successful.
The lady's husband was appointed superintendent of one of the most
delightful hill stations in India, on a salary of 1200 rupees
(120_l_.) per mensem.
The ball over, at half-past two in the morning we returned to our
house, where I was disgusted to hear that a leopard had carried off out
of the verandah a favourite dog of mine. It is no easy matter to keep
a dog in Simlah, except in the house. The leopards are always on the
look-out for them, and will often carry them off in your very sight,
while you are riding or walking along the road.
The great business at Simlah, as at Mussoorie, is devising the means
of amusement, or rather of varying the amusements so as to render them
less irksome than they would otherwise become. Cards and billiards
are the principal pastimes; and, now and then, pic-nic and excursion
parties are got up; and, once or twice a month, private theatricals
are resorted to. Invitations to dinner-parties and evening-parties
are plentiful enough; but to men who go to Simlah without wives and
families, and who don't intend to marry in the East, these reunions are
a bore rather, after a brief while, and such men prefer dining under
their own roofs. There was an hotel at Simlah, kept by a Frenchman, who
provided a _table d'hôte_ every day at seven o'clock. This used to be
very well attended; for, generally speaking, better fare was to be got
there than anywhere else. By the way, the host had once been an officer
in the French army, and was rather a touchy man. On one occasion an
officer complained of the character of some dish on the table, and
was challenged to "fight with either sword or pistol." This challenge
was declined; but the officer said he would have no objection to an
encounter, provided the weapons were cold legs of mutton.
There is an enormous mountain at Simlah, and around its base there is
a good macadamized road, some fifteen feet wide. This is the favourite
ride of the visitors, and every fine afternoon some sixty gentlemen,
and nearly as many ladies, may be seen upon it taking the fresh air.
Simlah is a much more expensive place to spend the summer at than
Mussoorie, in consequence of its great distance from the plains, whence
almost every article of food and all descriptions of "stores" are
carried on men's shoulders. The mutton of the hill sheep is not equal
to Welsh mutton; but when properly kept and dressed, it is very good
eating. The hill cattle also afford tolerable beef; but the joints are
very small. House-rent at Simlah is also much dearer. The furnished
abode, for which we paid 100_l_. for the season, we could have got at
Mussoorie for 60_l_. The same may be said of articles of clothing and
of merchandize. The majority of the European shopkeepers (there were
only five or six) appeared to be doing a good business; but I question
whether they made money. They have to give, in most cases, very long
credit, pay high rates of interest to the banks for money, and high
rents for the extensive premises they are obliged to occupy, to say
nothing of having to live as all English people must live in India.
The hotel did not pay the proprietor, notwithstanding his house was
generally full of people, and his charges were seemingly exorbitant.
There was no club at Simlah when I was there; but, since then, one
was established. Its existence, however, was very brief. The fact is,
people in India very soon grow tired of a thing; and, what is even
worse, you will find that when a large number of persons, who have
really nothing to do but amuse themselves, very frequently meet, they
wrangle, quarrel, split into small coteries, and become on very bad
terms with each other. How the old Himalaya Club at Mussoorie has
existed so long, is miraculous. A club in India is not like a club in
England, where scores of the members are unknown to each other, even
by name, and possibly do not meet more than once in a month.
Some of the views at Simlah are magnificent; and from several points
may be seen, in the far distance, the river Sutlej, stealing its way
through the mountains. The water has the appearance, when the sun is
shining upon it, of a narrow stream of quicksilver. Some of the hills
are literally covered with rhododendron trees, fifty or sixty feet
high, and when they are all in full bloom the effect may be easily
imagined.
To Jutsy, some five or six miles from Simlah, and where one of the
Goorkha battalions was always stationed, I have already alluded. There
are but two or three bungalows there, and they are occupied by the
officers of the battalion.
The season that I spent at Simlah was a very pleasant one, and
notwithstanding it was enlivened by several exciting incidents--to wit,
a duel, a police affair, a court martial, and an elopement,--I was very
glad when it was over, and we could return to the plains.