Capt. Wm. Havelock Court-martial

Head-Quarters, Camp Simla, May 6, 1828. - At a general court-martial held at Surat on 7th Dec 1827, and continued by successive adjournments to the 11th February 1828, Capt. Wm. Havelock, of his Majesty's 4th Light Dragoons, was arraigned on the following charges:

Charges. - Capt. Wm. Havelock, of H.M's 4th regt. of Light Drags., placed in arrest by the officer commanding the Kutch subsidized force, and brought to trial on the following charges preferred against him by order of Exc. the Commander-in-chief, viz.

1st Charge. - For highly irregular and unofficerlike conduct, in having, after having transmitted to the officer commanding the Kutch subsidized force, on the 16th Sept. 1827, charges aginst Lieut. Col. C.W. Elwood, of the 3d regiment Native Infantry, accompanied with an official report, demanded a private explanation from Lieut. G.R. King and Lieut. Geo. Candy, both of the 3d regiment of their conduct as connected with a circumstance stated in the said charges, relative to the circulation of a note injurious to the character of the said Capt. Havelock.

2d Charge. - For highly scandalous and disgraceful conduct, unbecoming the character of an officer and a gentleman, the following instances:-

1st instance. - In having, notwithstanding the said Lieut. Geo. Candy had given and offered him every requisite explanation of the subject above referred to, without provocation, in a most violent and outrageous manner assaulted and struck him (Lieut. Candy) on the morning of 21st Sept. 1827.

2d. - In having, on the same morning, challenged the said Lieut. Candy to fight a duel with him.

3d. - In having falsely and maliciously, in a public document dated 21st Sept. 1827, transmitted by him to the officer commanding the Kutch subsidiary force, charged the said Lieut. Candy with suffering himself a second time, and that publicly, to be horsewhipped, without attempting to defend himself in any manner, but submissively skulking away.

4th. - In having, on the 19th Sept. 1827, notwithstanding he had preferred charges against Lieut. Col. Elwood, and that officer had been placed in arrest, addressed a note to the said Lieut. Candy, in which he thus falsely and maliciously reflected upon the character of the said Lieut. Col. Elwood - "I am under the necessity of telling you, that I have, though reluctantly, nailed the ear of the writer of it (the note referred to in he 1st above) against the porch of the commanding officer's bunglaow, where, if, as I conclude, you must be anxious to possess the precious relic, I advise you to go and look for it."

Finding and sentence - The court having maturely weighed and considered what has appeared in support of the prosecution, together with what the prisoner, Capt. Wm. Havelock, of H.M.'s 4th regt. of Light Dragoons, has brought forward in his defence, are of opinion as follows:

That he is guilty of the first charge, with the exception of having demanded a private explanation from Lieut. G.R. King, of the 3d regiment N.I., of which part the court do acquit him.

With respect to the second charge, the court are of opinion that the prisoner is guilty of the whole of it, and the instances therein set forth; but in respect to the second instance of the said charge, the court acquit the prisoner of highly scandalous and disgraceful conduct, unbecoming the character of an officer and a gentleman, in having challenged Lieut. Candy to fight a duel with him on the morning of the 21st Sept. 1827.

The court having found the prisoner guilty as above specified, do sentence him, the said Capt. Wm. Havelock, of H.M.'s 4th regiment of Light Dragoons, to be cashiered.

Approved and confirmed,
(signed)
COMBERMERE, General
Commander-in-chief in India.

Recommendation. - The court having performed the above painful duty, do unanimously, most respectfully, and earnestly recommend the case of the prisoner to the favourable consideration of the approving power, for such clemency as may be deemed proper, on account of his past meritorious services and previous unblemished character as an officer and a gentleman.

Willing as the Commander-in-chief in India would have been to have attended to the recommendation of the court-martial in favour of an officer of Capt. Havelock's previous high character, his Lordship considers that the fact of blows having been actually given, renders it imperative on him to confirm this sentence, justly passed in conformity with the rules of the service.

His Excellency will not, however, fail to bring underthe gracious consideration of his Majesty, through the proper channel, the excessive and continued provocations which were endured by the prisoner, and which, though they cannot be considered as justifying, may, he hopes, be consider as palliating, the gross breach of discipline and decorum which ensued.

Capt. Havelock will be struck off the strength of the 4th L.D. from the day on which this order may be made known to him, and which will be notified to the commander-in-chief's military secretary at head-quarters.

The foregoing order is to be entered in the general order book, and read at the had of every regiment in H.M.'s service in India.

By order of the Commander-in-chief,
Willoughby Cotton.
Adj.gen. H.M.'s Forces in India.

Transcribed from "Google Books".
The Asiatic Journal and Monthly Miscellany - 1828. Page 747

NOTE : Wm. Havelock was pardonned by the King the following year and returned to India. He eventually transferred to 14th LD.