[From the New Zealander, Nov. 3.]

New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 451, 28 November 1849, Page 2

[From the New Zealander, Nov. 3.]

The Court Martial which we stated wai about to be held here on Major Johnston of the 65th regiment, has completed its duty in the case. We are enabled to lay before our readers the official report of the charge and the finding.

Brigade Orders. Auckland, November 2, 1849. At a General Court Martial held at Auckland, New Zealand, on the 28th day of Octo-

ber 1849, and of which General Court Mar-ti«/Lieutenant-Colonel Wynyard, C.8., 58th regiment, vras President, Brevet-Major William Johnston, 65th regt., appeared a prisoner on the following charge, viz. :—: — For highly un-officer-like conduct, in having, on or about the 12th day of May, 1849, at or about the hour of 11 o'clock In the forenoon, been drunk in the Officers' mess-house, at Wellington, New Zealand, he being at the time President of a District Court Martial ordered to assemble at the same hour and place. To which charge *he prisoner pleaded Not Guilty.

FINDING. The Court having maturely weighed and considered the evidence in support of thi charge against the prisoner, Brevet-Major W. Johnston, 65th regiment, his defence, and the evidence adduced in support of it, are of opinion that he is not guilty of the charge preferred against him, and do roost fully acquit Him thereof.- 1 - ' " (Signed) R. H. Wyntabd. Lieut.-Col. and President, Oct. 31, 1849 (Signed) J. Greenwood, Major of Brigade, Officiating as Judge Advocate. After a careful perusal of the evidence produced in this case against Brevet-Major Johnston, 65th regiment, I cannot coincide in the opinion of the Court that he was " not guilty" of the charge preferred against him. The Court will therefore re-assemble and re-con-sider their verdict ; it appearing to me to be of little moment how an officer or soldier may get drunk, if he, be proved to have been intoxicated when for duty. (Signed) G. D. Pitt, Major-General Commanding. November 1, 1849. The Court having attentively weighed and reconsidered the whole of the evidence adduced, both on the part of the prosecution and defence, as well as the observations of the revising officer, are still of opinion that the prisoner is Not Guilty of the charge preferred against him, and do therefore adhere most respectfully to their former finding. In so doing the Court beg permission to observe, that however decided the evidence for the prosecution may have been, still, that evidence 'was only founded on a casual or momentary -observation ; - whereas it has been proved by the testimony of witnesses both for and against the prosecution, including both Majors of the corps, that the prisoner, known to all for several years, was a man of tempe- ! rate habits, but of a most excitable disposition, with a constitution impaired by long and arduous services in India and China ; and the Court are unanimously of opinion tbat he, the prisoner was labouring under great excitement — not intoxication. (Signed) R. H. Wynyard, Lieus.-Col. and President. (Signed) J. Greenwood, Major of Brigade, Officiating Judge Advocate. • Confirmed, (Signed) George Dean Pitt Major-General Commanding Troops in New Zealand. 2nd November, 1849. Brevet-Major Johnston, 65th regiment, will be released from arrest, and will return to his duty. His Excellency the Major-General commanding is pleased to direct tbat this order be read on three successive parades, at the head of every regiment and detachment, serving in this command. By Command, (Signed) J. Greenwood, Major of Brigade.