Remarks By The Court.

New Zealander, Volume 4, Issue 289, 10 March 1849, Page 3

Remarks By The Court.

The Court hay ng thus discharged their duty in the mo^t honourable acquittal of Captain C. H. Montreior Smith, Staif Officer of Pensioners, of all and each of these charges, cannot l»il to record as their unanimous opinion, that tl.e prosecution has evidently been undertaken by Lieutenant Gray in a most unjustifiable and improper mannrr against an officer of the prisoner's rank imd sfaud-ng, on the mere vindictive assertions of Pensioner Willi ■»» Hnnksworth Barry, a man of notorious bid chaiHcttr. and a man whose evidence 'hroughout carried with it the itainp of falsehood and prer ncation. A* Lieut. Gray, the prosecutor, had lent himself to these serious chaiges ag-tin-t his senior officer, upon the mere assertion of one disgraceful character, and w.;s unable, as hns been proved, to brio? forward a lingle evidence in support thereof (out af 126 detailed by him), tie Court consider it n.uch to be lamented that the Commanding OHic. r of the Pensioner Force had not made some enquiry into the teil Mate of the case before subjecting Capt. C. 11. Montresor Smith, thes cond lenior capt.in of the corps, to be painfully arraigned upon charges so jfiws, 8 o unwarrantable, so serious, and so totally without loundation leaving the Court with the impression t'>at these charges were framed and biou^ht forward by Lieutenant Giay mo.c under the influence of piivaiu leeiin^, than as he claimi to bim>elf, the honour of the Pensioner Corps, and the good of her Majecty's service. The Court also teel it their duty to riimrk on the many nnd repeated interruptions on the part of the prosecutor, 8s recorded in the proceedings, and the necesbity they found, in support of their own dignity, of representing to higher amhoiiiy, at the early stage of their proceedings, the conduct of the witnesses for the prosecutor. The getural disregard of the leg il summomesof the officiating Judge Advocate by the men and boys mentioned in the margin, and the beastly itate of intoxication in which Pensioners William Maclunlay and John Lynch appeared, se«m to requite pan icuUr animadversion. The Court alto consider, that it is much to be deplored that Major Gray, on receiving Captaiu Smith 1 ! letter of explanation, relative to the charges brought against him by Lieutenant Gray, did not forward the same, at requested by Captain Smith, with the charges when tubrnutid to higher authority ; instead of adopting the unuNuul course of suppressing the letter without informing Captain Smiih of his having done so. The Court aie of opinion, that had Captain Smith's communication been forwarded, as requested by him, such explanations might have arisen therefrom, as to have prevented the present painful piocecdings. R. H. Wynvahd, Lieut. Col. and President. Auckland, New Zealand, 3rd March, 1849. Joseph Greenwood, Captain 31st Regiment, Major of Brigade, Officiating Judge Advocate.

I fully concur in these remarks', which have been so prt'perly made by the Court. Geo. D. Pitt, Major General, Commanding Troops in New Zealand. Auckland, March Gth, 1849.

Captiin G. H. Montresor Smith, staff offirrr of Pensioners, will be released from arrest, and will return to his duty. It is with great pleasure tlmt his Excellency the Major General commanding, announce* that Captain Smith has passed through this most painful ordeal without the slightest siain upon his character ; and in returning to his usual duties he will hi.ye the proud satisfaction of knowing that his conduct, after having been subjected to the most severe scrutiny, has been proved to be alike honourable and creditable to him as a gentleman and as an officer of hpr Majesty's service. His Excellency the Mnjor-Geueral ii pleased to direct that this order be read on three successive parades, at the head of every Regiment and Detachment serving in this command. By command, J. Greenwood, Maj >r ot Brigade