Remarks by the Court.

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

Remarks by the Court.

The Court having thus discharged their duty in the most honourable acquittal of Captain C. H. Montresor Smith, Staff Officer of Pensioners, of all and each of these charges, cannot fail to record as their unanimous opinion, that the prosecution has evidently been undertaken by Lieut. Gray, in a most unjustifiable and improper manner against an officer of the prisoner's rank and standing, on the mere vindictive assertions of Pensioner William Hawksworth Barry, a man of notorious bad character, and a man whose evidence throughout cairied with it the stamp of falsehood and prevarication. As Lieut. Gray, the prosecutor, had lent himself to these serious charges against his senior officer, upon the mere assertion of one disgraceful character, and was unable, as has been proved, to bring forward a single evidence in support thereof (out of 126 detailed by him) the Court consider it much to be lamented that the Commanding Officer of the Pensioner Force had not made some enquiry into the real state of the case before subjecting Capt. C.H. Montresor Smith, the second senior Captain of the corps, to be painfully arraigned upon charges so gross, so unwarrantable, so serious, and so totally without foundation, leaving the Court with the impression that these charges were framed and brought forward by Lieut. Gray more under the influence of private feeling, than as he claims to himself, the honour of the Pensioner corps, and the good of her Majesty's service. The Court also feel it their duty to remark on the many and painful interruptions on the part of the prosecutor, as recorded in the proceedings, and the necessity they found, in ; support of their own dignky, of representing to higher authority, at the early stage of their | proceedings, the conduct of the witnesses for the prosecutor. | The general disregard of the legal summonses of the officiating Judge Advocate by the men and boys mentioned in the margin, and the beastly state of intoxication in which Pensioners William Maclunlay and John Lynch appeared, seem to require particular animadversion. The Court also consider, that it is much to be deplored that Major Gray, on receiving Captain Smith's letter of explanation, relative to the charges brought against him by Lieut. Gray, did not forward the same, as requested by Captain Smith, with the charges when submitted to higher authority ; instead of adopting the unusual course of suppressing the letter without informing Captain Smith of his having done so. The Court are 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 proceedings. R. H. Wynyard, Lieut.- Col. and President. Auckland, New Zealand, 3rd March, 1849. Joseph Greenwood, Captain 31st Regt., Major of Brigade, Officiating Judge Advocate. I fully concur in these remarks, which have been so properly made by the Court. Geo. D. Pitt, Major-General, Commanding' Troops in New Zealand. Auckland, March 6th, 1849.

Captain C. H. Montresor Smith, staff officer of Pensioners, will be released from arrest and will return to his duty. It is with great pleasure that his Excel- ! lency the Major General commanding, announces that Captain Smith has passed through this most painful ordeal without the slightest stain upon his character ; and in returning to his usual duties he will have 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 her Majesty's service. His Excellency the Major-General is pleased to direct that this order be read onsuccessive parades, at the head of every regiment and detachment serving in this command. By command, - J. Greenwood, Major of Brigade.