COURT MARTIAL.

New Zealand Spectator and Cook's Strait Guardian, Volume V, Issue 384, 7 April 1849, Page 3

COURT MARTIAL.

At a General Court Martial held at Auckland, of which Lieut.-Col. Wynyard, C.8., of the 58th Regiment, was President, Captain Charles Heniy Montresor Smith, Staff Officer of Enrolled Pensioners, appeared a prisoner, on charges preferred against him by Lieut. Owen Wynne Gray, of the same corps. To give any other than the briefest abstract of an enquiry which extended over eighteen days— at which there were six charges preferred, the first embracing eighteen instances —(with two or three additional instances) — is beyond our limit. We are, therefore, under the necessity of condensing even the charges into a compass equal to our means. First charge. — Embezzling Government money. Second. —Aiding and abetting discontent among the pensioners at Howick. Third. —Attempting to tamper with one of Prosecutor's witnesses. Fourth. — In having become acquainted with accusations defamatory to his character as admitted by him to Government, besides asserting that a brother officer was one of his 1 accusers, yet taking no steps, either public or private, against the individual, belying, as stated by him, his character. Fifth.—Falsehood. Sixth. —ln having had his five pre-emption acres of land; as also his forty acres of land, ditched and fenced at the Government expense. First additional of first charge. —ln having employed a pensioner as shoemaker, paying said pensioner out of the Government Treasury. Second additional, —ln having paid two pensioners out of the public Treasury, the said men being private servants of a Mr. Kelsh, a publican at Howick. First additional charge. —Lending money to men of Captain McDonalds company, thereby tending to bring Captain McDonald into ill-favour with his men. To these charges the prisoner pleaded not

guilty. Finding. The Court having maturely weighed and considered the evidence in support of the

charges against the prisoner Captain C.H.M. Smith, his defence, and the evidence adduced in support of it, is of opinion, that with regard to the first charge the prisoner is not guilty, and do most fully and honourably acquit him of the same. (A like acquittal was pronounced with respect to every instance and every charge) (Signed) Robert Henry Wynyard, Lieut -Col. and President. Auckland, New Zealand, 3rd March 1849. Joseph Greenwood, Captain 31st Regt., Major of Brigade, Officiating Judge Advocate. Approved and confirmed. Geo.D. Pitt, Major-General. Commanding Troops in New Zealand.