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extra waggons were hired on a march, which were paid for by the whole of the noncommissioned officers, drummers, and men equally, whether they had baggage carried or not,—that when Captain Jones commanded the company, he had baggage of his own carried on the waggon, but never paid any thing.-States, the usual habit of the regiment was, for every company to keep public and private books, and that it was generally understood that the losses by deaths, desertions, &c. were to be borne by the Pay-serjeants of companies, which losses were reimbursed to them by profits arising from furnishing the men with necessaries :-That the Captain contributed eighteen shillings, or one pound towards each funeral, and the remainder was charged to the men voluntarily States that passes and discharges were paid for by the men, subsequent to the order of August, 1805. It was the custom to charge an halfpenny per day to the men for the pay issued to them when employed on the King's works. That it was the custom to charge twopence in a shilling for money advanced to the men by way of loan. When the men were in debt, he was in the habit of putting the men under stoppages and out of the mess; but this always was with their own consent :-States, that he has paid the company twenty-one years, that the present system of overcharging necessaries and taking interest for money advanced, only commenced with the present war :—That Captain Bigot has commanded the company for the same period, that for some years Captain Bigot allowed him two shillings and sixpence per week for paying the company, but he then discontinued it, and allowed him to furnish the men with necessaries, which were before provided by the Captain himself:-States, in regard to the public and private books, that the latter bore charges for articles furnished by himself, his wife, or his daughter, and to pay which, the balances due to the men on the public account, were appropriated; never shewed the private book to his Captain, though he has the public book at times-believes his Captain did not know of the private book.

Captain Bigot having had the above evidence read to him, acknowledges himself to have been extremely culpable in neglecting to enquire into the state of his company, but, that trusting to the honesty of his Pay-sergeant, and hearing no complaints from the men, he omitted this most necessary duty; that on joining the regiment at Chelmsford, and learning what bad been practised by his Pay-serjeant, but with which he was before unacquainted, he did every thing in his power to satisfy the claims of men.

CAPTAIN THOMAS CHURCHILL THOMPSON'S COMPANY.

Serjeant Thomas Proctor, late Pay-serjeant of Captain Churchill Thompson's company: States, that an extra waggon was hired on a march, which was charged to the officers, non-commissioned officers, drummers, and privates; but after the last march from Norman Cross to Chelmsford, it was charged to those only who had baggage carried, and that he has not received the proportion for their baggage from the officers. That on the march from Weeley to Norman Cross, some of the officers' baggage was carried on the extra waggon, but was not paid for by the officers :—that, he has borne the losses from death and desertion, &c. for which he was not remunerated by his Captain, who must have known he had no means of reimbursing himself but by profit on supplying the men with necessaries. The Captain contributed something towards the funerals, but a proportion was always charged to the men without their being consulted. The Captain paid for the repair of arms. The men paid for passes, but cannot speak as to the discharges. That his Captain paid him two shillings per week. States, Captain Thompson used every endeavour

to prevent the men coming forward as evidences against Serjeant Starr when he was tried at Weeley.

Serjeant John Whitfield, same company, remembers Captain Thompson at Weeley, when Serjeant Starr was ordered to be tried, telling the men of the company that perjury was thought nothing of in the army, and generally shewing a disinclination to the men coming forward as evidences against Serjeant Starr.

Serjeant Lilly heard Captain Thompson say, before the men (when the company was paraded at Weeley to see what men had complaints against Serjeant Starr) that perjury was no crime in the army-that the same was generally noticed by the men. That Captain Thompson only paid for one funeral, but the expences of the others were charged against the men without their being consulted.

Captain Thomas Churchill Thompson :-states, that he always enquired of his company whether they had any complaints, and when they had he always attended to them; denies the statement of Serjeants Proctor and Whitfield respecting the trial of Serjeant Starr; states, that he had no idea of any charge coming against him, as he always entrusted the payment of the company tɔ his Pay-Serjeant; that he always gave the contingent allowance to his subaltern when he was absent, and always had his baggage carried on the waggon allowed to the company. States, that the carriage of the new clothing was charged to the men before it had been issued to them to wear.

James Starr, late of the 1st Royal Surry Militia, states-That he paid Captain Thomas Churchill Thompson's company, upwards of five years; that he was in the habit of overcharging the necessaries he issued to the men, which was requisite, to re-imburse him for the losses he suffered by the deaths and desertions in the company. States, that, during the above period, Captain Thompson once paid two pounds ten shillings towards a funeral which was very expensive, and the company very weak at the time, the men paying one shilling and sixpence each towards it; that in all other instances the expence of the funeral was defrayed by the men; that he tendered to the Court-Martial by which he was tried, at Weeley, a statement of the losses he had suffered by deaths, desertions, &c. but which was not received. States, that his Captain was perfectly aware that he made a profit on necessaries, having had conversation with him on the subject. States, that when he applied to his Captain for the sums which men had deserted in debt, his Captain said he had nothing to do with it, as he (Starr), received the profits of the company. States, that he received no part of the contingent allowance from his Captain, who paid for the repair of arms, and allowed him five guineas per annum for paying the company. States, that he had been in the regiment since the year 1793, and the system of over-charging the men, had existed the whole period. States, that the articles issued by Captain Dawson to the men, were quite as high charged as by the PaySerjeants in the other companies, and that there was no difference in the quality. States, that he received an unlimited pass from the regiment, dated 14th August, 1811; that he provided a substitute on the 12th of August, 1811; that his discharge was dated the 11th of August, though not actually given to him until the 26th of Feb. 1812, but that he had received no pay or settlement since the 24th of July, although he appears struck off on the Adjutant's Muster Roll, on the 9th of September. States, that having received the oil and emery allowance for the men, he furnished them gratis with tin boxes, for the purpose of containing those articles, and for which he paid two-pence each-these boxes appear to be similar to those produced to the Court, as furnished by Captain Dawson, to his company, and

charged by him six-pence each. States, that he does not recollect any thing said by Captain Thompson, in presence of his company, relative to perjury being no crime in the army; that he was present at the time stated, and thinks he must have heard it if used.

Captain Thompson having heard the above evidence read, denies Starr's assertions, and renews his former statement. (Appendix No. I.)

CAPTAIN FORD'S COMPANY.

Serjeant Thomas Allingham, late Serjeant-Major of the 1st Royal Surry Militia, and Pay-Serjeant of Captain Ford's Company :-States, that extra waggons were taken, on a march, for the carriage of baggage, the expence of which was borne exclusively by Non-commissioned Officers, Drummers, and Privates; but is not aware of the officers having in any instance contributed towards it. He further states that the charge was always made with reference to the quantity of luggage carried for each man, but, on examining the ledger of the company, it appears to have been uniform. States, that the usual habit of the regiment was, for every company to keep public and private books; and that it was generally understood that the losses by deaths, desertions, &c. were to be borne by Pay-Serjeants of companies, which losses were re-imbursed to them by profits arising from furnishing the men with necessaries. That the expences of the funerals were borne by the men; that this was voluntary on the part of the men; that in some cases the Captains also contributed towards this expence, but that in general it was paid entirely by the men. With regard to passes and discharges, states that the men paid for them voluntarily, subsequent to the order of 1805; and that, antecedent to that order, the price of a pass, six-pence, and for a discharge, one shilling; afterwards that the men paid as they chose. That be received an halfpenny per day, from the money he issued to the men for pay, when employed on the King's works, at Dover; that the men paid it voluntarily, on account of having the money advanced to them; that it was the custom of the Pay-Serjeants, to charge the men two-pence or threepence in a shilling, for the money they advanced to them. That it was the practice of the Pay-Serjeants, to be venders of necessaries to the men, antecedent to the General Order, August 1805, and that the same practice continued, notwithstanding that order. That when the men were in debt, they were put out of the mess, and gave up part of their bread and meat money, to liquidate the same, which was done by the Pay-Serjeant, without the knowledge of the Officers, and without the sanction of a Court Martial; that he never received any remuneration from his Captain, for paying the company; that he never received from his Captain, any part of the contingent allowance, given by Government, to cover the losses sustained by deaths, desertions, &c.; that the Pay-Serjeants received the oil and emery allowances, from the Paymaster. States, that similar deductions were made from the marching and prolongation guineas, with those above stated to be made from all money advanced to the men. In regard to bounties, the Paymaster received sixpence, and the clerk one shilling, from every bounty issued; that it has been the custom, when recruits are raised at Head-Quarters, to charge to the county one or two pounds more than actually given to the recruit, which difference was received by the person enlisting the man; that the men so enlisted, are borne on the strength of the regiment, until a substitute is required, by a man balloted in the county, for whom one of these men is then made the substitute, which men were known in the regiment by the name of speculation men. That he believes these transactions, with the exception above-mentioned, took place with the knowledge of the officers;

but speaks positively as to Captain Ford having been acquainted with them, as far as regards his own company, which Serjeant Allingham paid,

Captain Ford conceives that he had always executed his duty, in enquiring if the men had any claims, and thought every thing was going on right.

CAPTAIN WM. TOMSON'S COMPANY.

John Blay, late Pay-Serjeant of Captain Wm. Tomson's company, was PaySerjeant six years; had public and private books, which latter he discontinued about half a year ago. The books of this company are different from any others, though there are two, and appear to be more regular. He states it was generally understood that the losses by deaths and desertions, &c. were to be borne by the Pay-Serjeants of companies, which losses were re-imbursed to them, by profits arising from furnishing the men with necessaries; that in one instance a Serjeant deserted, upwards of four pounds in debt, and when he stated to Captain Tomson, how hard it would be on him to suffer this loss, was answered, that he must re-pay himself out of the profits of the company-that the Captain paid for the funerals. The Captain allowed him two shillings per week, for the payment of the company; that the Captain must have known of the overcharge of necessaries; that Captain Tomson sent down six dozen pair of shoes, and desired him to put a price on them, so as to gain the usual profit-that they never paid for passes and dischargesnever took interest on smaller sums than one pound, and then at the rate of two shillings in the pound-charged different sums for advancing the marching guineas; &c. &c.-that the custom in this company, was to charge all the men one penny per day, when on a march, for an extra waggon, and that the surplus of the price was charged among the men, who had most baggage, exclusively of their regimental clothing. States, that Captain Tomson and Captain Denis, when commanding the company, generally signed the certificate of the clearances having been paid, &c. without examining the books, or making any enquiries on the subject. The whole of the above evidence applies equally to Captains Denis and Tomson.

Captain Denis states, that he paid one guinea towards the expence of funerals ; that he never paid any thing for losses by deaths and desertions; that prior to the regiment going to Norman Cross, he was in the habit of signing the certificate of the men's clearances having been paid, &c. without examining the books, though he made enquiries of the men, but that afterwards he attended more particularly to it, and asked the men if they had any claims.

Captain William Tomson states, that he pursued the same system which he found to exist when he first took the command of a company in the regiment; that he did not know of the existence of private books; that he made enquiry of the men, regularly, as to their having any complaints. States, that with respect to the shoes, he conceived it would be for the advantage of the men, that the necessaries should be purchased in London, and that therefore he sent down six dozen pair, directing the Serjeant to let the men have the option of taking them or not, but not wishing to prevent his making the usual profit upon them; that he does not wish to justify a practice, of the impropriety of which he is fully aware, but which he pursued in conformity with the established custom.

CAPTAIN LEIGH'S COMPANY.

William White, late Pay-Serjeant of Captain Leigh's company, states, that on a march, extra waggons were hired, and the expence incurred was charged among the Non-commissioned Officers, Drummers, and men of the company, according to the

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weight and size of the articles carried for them. It appears, however, that the ledger was destroyed before the regiment left Norman Cross, so that no reference can be made; and Major-General Acland prevented any charge being made to the men, on this head, for the march from thence to Chelmsford. That he believes the Officers' baggage might be occasionally carried in these waggons, but that no charge was ever made to them. He states that the Captain or Officer commanding the company, was in the habit of signing the certificate of the men's clearances having been paid, and their having been regularly settled with according to the King's regulations, although they had never seen the books, either public or private, trusting to the assertion of the Pay-Serjeants. He also states that he bore the losses by deaths and desertions, &c. for which he was not reimbursed by his Captain, but that he understood he was to cover those losses by the profits he made in supplying the men with necessaries, which he conceives his Captain must have been aware of.— Gives into the court, a statement of some of the losses, which he suffered at different times by deaths and desertions, amounting to upwards of thirty-six pounds. With regard to funerals, they were paid for entirely by the men, and no part of the expence charged to the Captain: that this was voluntary on the part of the men.Acknowledges a statement made to be the general price of necessaries charged to the men. Says, that he purchased the arm chests and other chests for the stores of the company, to the amount of between six and seven pounds, which must have come within the knowledge of his Captain. States, that the passes and discharges continued to be paid by the men subsequent to the order of August 1865. That the system of the two books was, that the private book contained the man's exact account, while in the public book was entered a statement intended to meet the eye of a general officer, so that the public book in general did not contain the man's true account, and the private book never was shewn to any inspecting officer. That Captain Leigh is now in his debt twenty pounds for the payment of his company and the repair of arms; and the last settlement was between two or three years ago, except a settlement for a broken period about seven or eight months ago. That he never received any part of the contingent allowance from his Captain. That it was a custom to deduct from the bounties sixpence for the Paymaster, and one shilling for the Paymaster's clerk. That he believes generally that the above circumstances were known to Captain Leigh, and the Officers who might at various times have commanded the company.

Captain Leigh acknowledges that he was aware perfectly of the rules and regulations of the service, requiring the attention of Captains to their companies; but that he had perfect reliance on the integrity of his Pay-Serjeant, to whom he trusted implicitly, and, hearing no complaints from the men, did not think it necessary to enquire more minutely into the state of his company.

Q. Were you aware that the men of your company were overcharged for the necessaries supplied to them by the Pay-Serjeant?—A. Certainly not.

Q. What allowance did you make to your Pay-Serjeant for the payment of your company?-A. Two shillings and sixpence per week,

Q. By what means do you suppose the Pay-Serjeant was enabled to defray the various expences arising from providing stationery, arm-chests, funerals, &c. and the losses from deaths and desertions, &c. for covering all which the contingent allowance is made to you by government?-A. I was not aware that any such expences existed; if I had, I should have paid them.

Q. Did you ever pay any charges of the above nature ?—A, I cannot charge my memory.

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