Proceedings of the General Court Martial
Author(s): Mackay, Alexander
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PROCEEDINGS
OF THE
GENERAL COURT-MARTIAL,
HELD
AT MUSSLEBURGH BARRACKS,
ON THE
24th, 25th, & 26th days of September last,
FOR THE TRIAL OF
MAJOR THO. CLARKSON MONCRIEFF,
OF THE FIRST, OR BERWICKSHIRE, REGIMENT
OF MILITIA,
BY ORDERS OF HIS ROYAL HIGHNESS,
THE DUKE OF YORK,
COMMANDER IN CHIEF,
EDINBURGH:
PRINTED FOR W. & J. DEAS,
By Abernethy & Walker.
1807.
PROCEEDINGS,
&c. &c.
Return of Officers for the Court-Martial.
Col. FRANCIS W. GRANT, Inverness-shire Regt. of Militia,
PRESIDENT.
BURNET BRUCE, ESQ. DEP. JUDGE ADVOCATE.
Lieut.-Col. JOHN WAUCHOPE, Edinburgh Militia.
Lieut.-Col. LORD MONTAGU, Dumfries-shire Militia.
Major THOMAS GORDON, Royal Lanark-shire Militia.
Major HEPBURN MITCHELSON, Edinburgh Militia.
Capt. BALLANTYNE, Dumfries-shire Militia.
Capt. WILLIAM GRIERSON, Dumfries-shire Militia.
Capt. JAMES DUFF MACKAY, Inverness-shire Militia.
Capt. JOHN MILLAR, Royal Lanark-shire Militia.
Capt. JAMES LASKEY, Kirkcudbright Regiment of Militia.
Capt. WILLIAM MACDONALD, Edinburgh Militia.
Capt. ALEXANDER CHISHOLM, Inverness-shire Militia.
Capt. JOHN DUGUID, Aberdeen-shire Militia.
Capt. JAMES ROWAN, Royal Lanark-shire Militia.
Capt. JAMES GORDON, Aberdeen-shire Militia.
THE Members of the Court and the
Judge-Advocate-Depute being sworn in, Major,
THOMAS CLARKSON MONCRIEFF was called before
the Court, when the Judge-Advocate read
to the Court and the Prisoner the charge, as
follows:
CHARGE preferred against Major THOMAS
CLARKSON MONCRIEFF of the Berwick--
shire Regiment of Militia, by order of
His Royal Highness the Commander in
Chief, dated 11th September 1807.
FOR not resisting immediately, and endeavouring,
as far as in his power, to prevent, the
outrage committed in the mess-room on the
30th January 1807; whereby a gross insult was
offered, not only to the Major, but every officer
present, contrary to his duty as an officer then
commanding the regiment, and contrary to
good order and military discipline.
Adjt. General's Office,
Edin. 18th Sept. 1807.
(Signed) ALEX. MACKAY,
D. Adjt. Genl.
(A true Copy.)
J. R. MACKENZIE,
Brige. Genl.
The Prisoner having pled Not Guilty, the
Judge-Advocate, as prosecutor, called the following
witnesses.
24th September 1807.
Capt. ORR* of the 1st, or Berwick-shire Militia,
1st Witness for the Prosecution.
Court. — State to the Court what passed in the
mess-room on the 30th January, when Mr
Nimmo committed the outrage.
Answer. — Mr Nimmo entered this room, then
the mess-room of the Berwick-shire Militia: he
used some very gross expressions, in a passionate
manner, calling me a scoundrel and a coward.
Mr. Nimmo then made up to me, and struck at
me several times with a whip, against which I
defended myself as well as I could with one
of the chairs, which I took in my hand:
After that, I placed the chair between him and
me, and walked round to the other side of the
* Capt. ORR and all the witnesses were upon oath.
table. He again made use of similar expressions
towards me, and said he would cane me
wherever he met me. Mr Nimmo then offered
to make some apology to the gentlemen in
the room, when Major Clarkson Moncrieff said,
You are disturbing the company; you had better
retire, or had better leave the room: and Mr
Nimmo immediately left the room.
Court. — Was Major Clarkson Moncrieff at
that time in the immediate command of the regiment?
Answer.— He was.
Court. — Was Mr Nimmo at that time an officer
in the Berwick-shire Militia?
Answer. — He was not. He once was an officer
in the regiment, but had been displaced
by his Majesty on 11th November preceding.
Court. — Where was Major Clarkson Moncrieff
sitting at that time, and where was you
sitting?
Answer. — Major Clarkson Moncrieff was at
the end of the table further from the door, and
I was sitting near the door.
Court. — What length of time intervened between
Mr Nimmo coming into the room and
leaving it?
Answer. — I think nearly two minutes.
Court. — Did Major Clarkson Moncrieff appear
to be very angry, or to be very much displeased
with Mr Nimmo, when he ordered him
to retire from the room?
Answer. — I do think not.
Court. — Did Major Clarkson Moncrieff, in
any manner, endeavour to prevent Mr Nimmo
from insulting you?
Answer. — He did not.
Question by Major C. Moncrieff. — As the insult
was so sudden, in what manner could Major
Moncrieff have prevented it?
Answer. — I do not think he could have prevented
the first part of the insult, as he was so
far from Mr Nimmo and me; but I think he
could have ordered the guard out to have laid
hold of Mr Nimmo.
Major C. Monerieff — Does Capt. Orr think,
that Major Moncrieff could have ordered the
guard in time to have prevented any part of the
insult?
Answer. — I don't think he could, as Mr Nimmo
was only in the room nearly two minutes,
if so much; but I do not think he seemed to
wish to do so.
Court. — Did you observe Major Clarkson
Moncrieff particularly during the time Mr
Nimmo was in the room?
Answer. — I did not; I rather had my.eye on
Mr Nimmo during that time.
Court. — Did any of the officers make any attempt
to prevent the outrage committed by Mr
Nimmo?
Answer. — No.
Court. — Was you in the room after Mr Nimmo
left it?
Answer. — Yes.
Court. — Did any conversation take place upon
the subject of the outrage committed by Mr
Nimmo, after he left the room?
Answer. — There was not. I observed, as far
as I recollect, that I had never witnessed such
outrageous conduct; but the gentlemen present
seemed to decline the subject, and no conversation
took place upon it.
Court. — State more particularly, if you can,
what were the first words Mr Nimmo made
use of immediately on his entering the mess--
room.
Answer. — When Mr Nimmo entered the
room, he said I beg your pardon for intruding;
but I am come to chastise a coward and a
scoundrel: or made use of words to that effect,
and immediately made up to me, and struck
me with a whip.
Lieut. WALTER RULE, Berwick-shire Militia,
Witness for the Prosecution.
Court. — Do you recollect an outrage committed
in the mess-room of the Berwickshire
Militia in January last? Mention the particulars.
Answer. — Some night about the end of January,
I do not recollect particularly whether
it was the 30th or not, a person, whom I soon
perceived to be Mr Nimmo, burst into the
mess-room, and after making an apology to the
company, he threatened Captain Orr, and repeatedly
called him a coward and a scoundrel,
and then struck him repeatedly with a whip.
Captain Orr got up, and went round the top of
the table with a chair in his hand: Captain Orr
went behind Major Moncrieff,.and, as nearly as I
can recollect, said, Major, Major, I never saw the
like of this; upon which Major Moncrieff said
to Mr Nimmo, Sir, you have disturbed the harmony
of this company, and I desire you will
be off immediately. Mr Nimmo then again
repeated his threat to Captain Orr, and told
him, that although he had demeaned himself
below the character of a gentleman, he was
still willing to give him satisfaction, and that
he was to be found, or still to be found; or used
words to that effect. After again apologising
for his intrusion, Mr Nimmo left the room.
Captain Orr afterwards came round to his seat,
and continued for some time in the mess-room
but no farther notice was taken of what had
happened.
Court. — What length of time intervened between
Mr Nimmo coming into the room and
leaving it?
Answer. — Nearly two minutes.
Court. — When Major Moncrieff ordered Mr
Nimmo to leave the room, did Major Moncrieff
appear to be very angry or displeased with Mr
Nimmo?
Answer. — I cannot say, as I did not attend
particularly to his countenance at the time.
Court. — Did Major Moncrieff endeavour to
prevent that outrage in the mess-room?
Answer. — No, not till he told Mr Nimmo to
be off.
Court. — Could Major Moncrieff have prevented
Mr Nimmo from committing that outrage
in the mess-room?
Answer. — I do not think he could have prevented
Mr Nimmo from threatening Captain
Orr; but I think there was time enough from
Mr Nimmo's coming into the room, and striking
Captain Orr, to have interfered.
Court. — After Mr Nimmo threatened Captain
Orr, had Major Moncrieff time enough to have
prevented him from striking him?
Answer. — I cannot say as to the time very
particularly; but I think Mr Nimmo struck
him immediately after threatening him.
Court. — Did any of the officers present make
any attempt to prevent the outrage committed
by Mr Nimmo?
Answer. — None.
Court. — Have you any reason to suppose, that
previously to Mr Nimmo's coming into the
mess-room, Major Moncrieff could be acquainted
with his intention?
Answer. — I had no knowledge on the subject.
Court. — Did you know any thing of it yourself?
Answer. — No.
Court. — Do you think Major Moncrieff could
have put a stop to the outrage any sooner than
he did?
Answer. — I think he might have endeavoured
sooner.
Court. — When could he have endeavoured to
do so?
Answer. — From the time Mr Nimmo entered
the room, till Captain Orr went behind Major
Moncrieff 's chair, I think rather more than
half the time of Mr Nimmo's-being in the room
elapsed; and I think in that time, Major Moncrieff
could have endeavoured to prevent any
further outrage from being committed.
Court. — Did Major Moncrieff, or any other
officer except Captain Orr, rise from their chairs
during any part of the outrage?
Answer. — None of them did to the best of
my recollection.
Major C. Moncrieff. — Where was I sitting
at the table; where was Captain Orr sitting
and where was you sitting?
Answer. — As far as I can recollect, Major
Moncrieff was sitting near the top of the table
on the right hand of the president; I think he
was next the president; although I am not positive
but there might be one person between
the president and him: Captain Orr, I think,
was about the centre of the table, on the opposite
side: I was at the bottom of the table.
The door is at the bottom of the room, on the
same side on which Captain Orr sat.
Major C. Moncrief. — What were the officers
doing before Mr Nimmo entered the room, and
what were they conversing about?
Answer. — It was after dinner, and we were
in conversation in the usual way; but I do not
recollect what the particulars of that conversation
were.
Major C. Moncrieff. — Did the intrusion of
Mr Nimmo create a considerable degree of surprise
among the officers present?
Answer. — I was so agitated with the appearance
of Mr Nimmo, and particularly with his
conduct after he entered, that I could not take
particular notice of any body else.
Major C. Moncrieff. — When I ordered Mr
Nimmo to leave the room, did I not speak with
a commanding voice, saying, "Leave the room
"Sir; away, Sir; begone, Sir?"
Answer. — I do not particularly remember
these words which Major Moncrieff now mentions;
but I remember when Major Moncrieff
used the words I formerly mentioned, "You
"have disturbed the harmony of the company,
"and I desire you will be off immediately," —
he did so with a loud voice.
Lieut. ARCHIBALD MONTGOMERY, of the 1st,
or Berwick-shire Militia, 3d Witness for the
Prosecution.
Court. — State what passed in the mess-room
when Mr Nimmo committed the outrage.
Answer. — On the 30th of January Mr Nimmo
came into the mess-room: he opened the
door himself, and rushed in, saying there was a
scoundrel in this room, whom he wished to chastise.
He made up to Captain Orr, saying this
is him, and immediately began to horsewhip
Captain Orr. Captain Orr got up a chair to
protect himself from the blows; but finding
they still reached him, he threw down the
chair, and ran behind the Major, calling out
Major, Major. Major Moncrieff then ordered
Mr Nimmo to withdraw immediately. The
words he made use of, to the best of my recollection,
were, Sir, you have disturbed the harmony
of this meeting; therefore I beg, or I desire
you will withdraw immediately: Begone
Sir. Mr Nimmo then made an apology to the
officers for intruding himself, and then withdrew.
Court. — How long was Mr Nimmo in the
room?
Answer. — I think about two minutes altogether.
Court. — Did Major Moncrieff, in any manner,
endeavour to prevent Mr Nimmo from
committing the outrage you have mentioned?
Answer. — No further than ordering him to
withdraw; which he did.
Court. — When Major Moncrieff ordered Mr
Nimmo to withdraw, did he appear to be very
angry with him?
Answer. — Yes.
Court. — Could Major Moncrieff have prevented
Mr Nimmo from committing that outrage
in the mess-room?
Answer. — No; I do not think he could.
Court. — Could Major Moncrieff have interfered
sooner, so as to prevent any part of the
outrage?
Answer. — He might have spoken sooner.
Court. — Have you any reason to believe, that,
previously to Mr Nimmo's coming into the
mess-room, Major Moncrieff could be acquainted
with his intention to do so, and to commit
that outrage?
Answer. — No.
Court. — Had you any reason to believe that
Mr Nimmo had any such intention?
Major C. Moncrieff objected to this question
being put. He stated to the Court, that they
must be sensible it could in no shape bear upon
the charge preferred against him; but he conceived
it a duty he owed to Lieutenant Montgomery,
to prevent him from implicating himself,
which might probably be the case; and
that it was from that motive alone he now objected
to the question being put.
The Court-room was cleared, that the Court
might deliberate upon the objection. Upon
the Court being again opened, the President
stated, that the Court had determined upon
putting the question. The question was again
put, and Lieutenant Montgomery answered, I
had reason to believe that Mr Nimmo meant to
horsewhip Captain Orr; but I did not know
particularly when or where it was to be done.
Major C. Moncrieff. — On the day on which
Mr Nimmo committed the outrage in the mess--
room, do you know that Captain Orr had leave
of absence from me, to go to Leith an Edinburgh,
to settle about a passage to London, and
was his own master for that day; and that he
did go accordingly, and was at the mess only
by accident, and in coloured cloaths?
Answer. — I did know it.
Court. — Did you know where Mr Nimmo's
residence was at that time?
Answer. — I did not; but the night previous
to committing the outrage in the mess-room, I
believe it was at Tranent, about four miles off.
Court. — Did any of the officers present, make
any attempt to prevent the outrage committed
by Mr Nimmo?
Answer. — None except Major Moncrieff, as I
have formerly stated.
Major C. Moncrieff. — Do you think, in the
situation I was in the mess-room, that I could
have prevented the blows given by Mr Nimmo
to Captain Orr?
Answer. — No; I do not think you could.
Major C. Moncrieff. — Could I by my speaking
have prevented any part of the outrage
sooner than I did?
Answer. — No. I think Mr Nimmo was in
such a violent passion, that nothing but personal
strength could have prevented him from
doing what he did.
Captain JOHN BELL, Berwick-shire Militia,
4th Witness for the Prosecution.
Court. — Do you remember an outrage committed
by Mr Nimmo in the mess-room, on the
30th of January?
Answer. — I do.
Court. — How long was Mr Nimmo in the
room?
Answer. — I suppose about a minute and a
half.
Court. — Did Major Moncrieff do any thing
to prevent the outrage committed by Mr Nimmo?
Answer. — After Mr Nimmo had been some
time in the room, Major Moncrieff ordered him
out of it. Mr Nimmo then made an apology
to the mess; and the Major again said, Off, off,
or words to that purpose; upon which Mr Nimmo
left the room.
Court. — Do you think Major Moncrieff could
have prevented any part of the outrage, by interfering
sooner than he did?
Answer. — I think he could not have prevented
Mr Nimmo from striking Captain Orr;
but I think he could have ordered him out of
the room sooner than he did.
Court. — Do you think Major Moncrieff's ordering
Mr Nimmo out of the room sooner
would have had any effect; and that he would
have gone?
Answer. — I can't tell that.
Court. — Did Mr Nimmo appear to be in a
violent passion when he came into the room?
Answer. — I am not sure whether I saw Mr
Nimmo first, or heard his voice; and I was so
much surprised with his coming into the room,
that I could not take particular notice; and it
was candle-light at the time, and I had my
back towards him.
Court. — Have you any reason to believe, that,
previously to Mr Nimmo's coming into the
mess-room, Major Moncrieff was acquainted
with his intention to do so, and to commit that
outrage?
Answer. — I have no knowledge of that. I had
no knowledge myself that Mr Nimmo intended
to do so; and I do not know that any of the
other officers knew of it.
Court. — When Major Moncrieff ordered Mr
Nimmo out of the room, did he speak in an
angry manner?
Answer. — He spoke loud, but I did not take
particular notice.
Lieut. MONTGOMERY again called by the Court.
Court. — Did you ever mention to Major
Moncrieff, that you believed Mr Nimmo meant
to horsewhip Captain Orr?
Answer. — Never, to the best of my recollection.
Court. — Do you know if any of the other
officers were acquainted with Mr Nimmo's intention
to horsewhip Captain Orr?
Answer. — I do not think any of the officers
in the regiment at present were; but one officer,
Mr Lourey, who has now left the regiment,
knew it.
Captain HENRY HAIR, Berwick-shire Militia,
5th Witness for the Prosecution.
Court. — Do you remember an outrage committed
in the mess-room about the end of January
last?
Answer. — I do.
Court. — Do you think that Major Moncrieff
endeavoured, as far as was in his power, to prevent
that outrage?
Answer. — The outrage was committed so very
suddenly, that I do not think the Major could
prevent it; but I think he interfered to stop it
as soon as he had time to recollect himself.
Dr JAMES KEITH, Berwick-shire Militia,
6th Witness for the Prosecution.
Court. — Do you remember the outrage committed
by Mr Nimmo in the mess-room in the
end of January?
Answer. — I do.
Court. — Do you think that Major Moncrieff
endeavoured immediately, as far as in his power,
to prevent that outrage?
Answer. — I did not think so.
Court. — State to the Court your reason for
thinking so.
Answer. — I think Major Moncrieff might
have ordered Mr Nimmo out of the room as
soon as he knew what was to happen.
Court. — What length of time was Mr Nimmo
in the room?
Answer. — I think his stay did not exceed two
minutes.
Court. — Did Mr Nimmo commit the outrage
immediately on his entering the room?
Answer. — No, he did not.
Adjourned till to-morrow.
25th September.
Mr KEITH called in.
Court. — State to the Court what you recollect
relative to the outrage committed by Mr
Nimmo.
Answer. — One evening about the end of January,
I believe it was the 30th, about six
o'clock in the evening, or between that and seven,
the door of the mess-room was suddenly
opened, and a person entered, who I soon perceived
to be Mr Nimmo, formerly a Lieutenant
in the regiment. When he came in, he made
an apology to the company: he said he was come
to chastise a person in the room, making use of
very opprobrious terms towards him. After he
had told what he was going to do, he laid a
whip over Captain Orr immediately, or almost
immediately. Captain Orr, after suffering this
without making any resistance, rose and took
up a chair to ward off the blows: After this,
Mr Nimmo struck at him again, and Captain
Orr retired behind the Major, who was sitting
on the right of the President, and addressed the
Major, saying, he had never seen the like of
this before, or words to that purpose. At this
time Captain Orr laid down the chair. Mr
Nimmo spoke some words also, and the Major
ordered Mr Nimmo to leave the room, which
he did, after making an apology, and saying, that
if Captain Orr wished to meet him honourably,
he could find means to find him. To the best
of my recollection, this was every thing that
happened.
Court. — How long do you think Mr Nimmo
was in the room before he struck Captain Orr?
Answer. — It is difficult to say precisely, but
I think the time would not exceed a quarter of
a minute or thereabouts.
Court. — State, if you can, distinctly, what
were the words Mr Nimmo made use of, immediately
on his entering the mess-room?
Answer. — I cannot recollect distinctly all the
particulars; but, as far as I can recollect, after
making an apology to the mess, he said he was
come to chastise a scoundrel and a rascal; and
going up to Captain Orr, said, Here he is. He said
more than this, although I cannot recollect all
the particulars. His apology to the mess was
pretty full, and he also said a good deal to Captain
Orr.
Court. — Did Mr Nimmo remain at the door
during the time he used these words?
Answer. — I think he came near to the bottom
of the table, when he began his apology;
and when he had made his apology, or while he
was making it, he walked up to Captain Orr,
who was sitting about the middle of the table.
Court. — When Mr Nimmo came into the
room, did you take particular notice of Major
Clarkson Moncrieff?
Answer. — No, I think I kept my eye upon
Mr Nimmo.
Court. — After Mr Nimmo had gone away,
did Major Moncrieff express any surprise at his
conduct, or any indignation against him, or did
he seem to feel or shew a just sense of the insult
offered to himself, and the mess?
Answer. — I rather think he said nothing on
the subject, after Mr Nimmo left the room.
Major Moncrieff objected to the above question
as irrelevant, as it referred to what happened
after the outrage was committed.
Court. — Did the President of the mess that
day, make any attempt to prevent the outrage
committed by Mr Nimmo?
Answer. — No, he did not.
Court. — Who was President?
Answer. — Ensign and Assistant Surgeon Nicoll.
Court. — Had any member of the mess any
knowledge of Mr Nimmo being in the neighbourhood
that evening, before he came into the
mess-room?
Answer. — I did not know at the time that
any of them had; but I have heard it spoken of
since, but have personally no knowledge on the
subject.
Court. — Who have you heard speak of it
since?
Answer. — I think I heard Lieutenant Montgomery
say so yesterday, after he had given his
evidence.
Major C. Moncrieff. — Do you think that I
could have prevented the outrage committed by
Mr Nimmo before he struck Captain Orr?
Answer. — I think it might have been attempted.
I do not know if it would have had
the effect. When Mr Nimmo entered the room,
every body must have known it to be for no
good, as he did not belong to the mess; and
when he had told what he was going to do, I
think it might have been attempted to have
been prevented, by ordering him out of the
room.
Major C. Moncrieff. — Were you living in habits
of intimacy and friendship with Captain
Orr, before and at the time of this outrage being
committed?
Answer. — I was on very good terms with
Captain Orr.
Major C. Moncrieff. — Did you know of any
personal quarrel betwixt Captain Orr and Mr
Nimmo?
Answer. — I know that they had differed once
or twice.
Major C. Moncrieff — Why did not you interfere
in attempting to stop the outrage at the
time it was committed?
Answer. — When I saw Mr Nimmo enter the
room, being a junior officer, I did not think it
my business to interfere; and when I saw Captain
Orr allow himself to be struck, without
making any resistance, I did not think it my
business to interfere, more especially as I saw
nobody else inclined to interfere.
Major C. Moncrieff. — Could you have interfered
so as to have prevented the blows given
by Mr Nimmo?
Answer. — When Mr Nimmo entered the
room and made his apology, I had a pretty
good idea what he was going to do. I don't say
I could have prevented it, but I think it might
have been attempted.
Major C. Moncrieff. — Where was you sitting
at table?
Answer. — Nearly about the middle of the table,
on the opposite side from Captain Orr.
Major C. Moncrieff. — Were you nearer the
foot of the table, and nearer to Mr Nimmo than
Major Moncrieff was?
Answer. — I was.
Major C. Monerief. — Was you a good deal
surprised and agitated by Mr Nimmo bursting
into the room?
Answer. — I certainly was a little surprised,
but I think I was pretty cool and collected.
Major C. Moncrieff. — Did Mr Nimmo follow
Captain Orr when he ran round the room
behind Major Moncrieff, or did he retire towards
the bottom of the room?
Answer. — I do not positively recollect, but I
think he followed Captain Orr up the room a
little, and then came back again.
Major C. Moncrieff. — Was Major Moncrieff
the only person who interfered at last to stop
the continuance of the outrage?
Answer. — He was the only person.
Court. — Are you sure it was not till after
Captain Orr came behind Major Moncrieff, and
said the words you have stated, that Major
Moncrieff ordered Mr Nimmo out of the room?
Answer. — To the best of my recollection it
was not.
Court. — After Mr Nimmo left the regiment,
were any of the officers in the habit of associating
with him?
Answer. — I did not know at that time that
any of them were; I have understood since
that some of them had seen him.
Court. — Had you any reason to suppose, that
Major Moncrieff had any previous knowledge
of the outrage committed by Mr Nimmo?
Answer. — Not the smallest.
Assistant Surgeon and Ensign NICOLL, of the
Berwick-shire Militia, 7th Witness for the
Prosecution.
Court. — Was you present in the mess one evening
about the end of January, when Mr
Nimmo came into the mess-room, and committed
a violent outrage?
Answer. — I was.
Court. — Do you remember where Major
Moncrieff was sitting on that occasion?
Answer. — I do perfectly well; he was next to
me, on my right hand.
Court. — Did Major Moncrieff endeavour immediately,
as far as in his power, to prevent that
outrage?
Answer. — He did not speak immediately
when Mr Nimmo entered the room, and it was
impossible to prevent the first part of the outrage,
which was the gross language used by Mr
Nimmo, because it was done immediately when
he entered the room; nor do I think he could
have prevented the first lash given to Captain
Orr, as that was done immediately, but perhaps
he might probably have prevented some part of
it.
Court. — Do you think Major Moncrieff endeavoured,
as soon as in his power, to prevent
the outrage, or any part of it?
Answer. — He certainly did interfere; but I
am not to judge of Major Moncrieff, if he did
it as soon as it was in his power.
Court. — You said you conceived Major Moncrieff
could not have prevented the first lash.
Was there time during the time Mr Nimmo
was striking at Captain Orr, for Major Moncrieff
to have interfered?
Answer. — I should conceive there was time
enough to have interfered, if Major Moncrieff
had presence of mind enough; not personally or
by force; but if he had had presence of mind enough
to have spoken and ordered Mr Nimmo
to retire, as he did afterwards.
Court. — From Mr Nimmo's manner at the
time, do you think that could have had any effect?
Answer. — From his manner at the time, and
his temper, I do not think it would.
Court. — Did you take particular notice of
Major Moncrieff at the time?
Answer. — I did not.
Court. — After Mr Nimmo had gone away,
did Major Moncrieff express any surprise at his
conduct, or any indignation against him, or did
he seem to feel or shew a just sense of the insult
offered to himself and the mess?
Answer. — Major Moncrieff made use of no
language relative to Mr Nimmo's conduct, and
I did not pay particular attention to Major
Moncrieff's countenance or manner, so as to discover
his sentiments; but the mess, from being
happy, seemed to feel very much; the conversation
stopped; and the officers went away individually
in about half an hour or an hour,
which was much earlier than their usual time of
breaking up.
Court. — Do you know if Major Moncrieff
had any previous knowledge of the intended
outrage?
Answer. — I had no knowledge.
Major C. Moncrieff. — How long do you
think Mr Nimmo was in the room altogether?
Answer. — About a minute and a half, or possibly
not so much, I cannot say exactly, but it
could not possibly be more than a minute and a
half.
Major C. Moncrieff. — How long was Mr
Nimmo in the room before he struck Captain
Orr?
Answer. — It is very difficult to answer that
question, because he rushed into the room, and
immediately making an apology to the mess,
struck at Captain Orr.
Major C. Moncrieff — What did Captain Orr
do upon being struck?
Answer. — At first he did nothing, but seemed
to take two or three lashes very coolly: he was
passing the decanter at the time, which he set
down, and took up a chair to ward off the
blows, and then he ran round to the right of the
table, and said, Oh, Major, Major, I never saw
the like of this; or used words to that purpose.
Major C Monerieff. — Did Mr Nimmo follow
Captain Orr when he ran round the room?
Answer. — He did not.
Major C. Moncrieff. — What did Mr Nimmo
do upon that occasion?
Answer. — After making an apology to the
mess, he retired from the room, being ordered
to do so by Major Moncrieff.
Court. — Was it before or after that apology
to the mess, that Major Moncrieff ordered Mr
Nimmo to leave the room?
Answer. — To the best of my recollection, I
think he made the apology previously to being
ordered out of the room; but I am not certain
which.
Court. — When Major Moncrieff ordered Mr
Nimmo to leave the room, did he express himself
as if very much displeased, or as very
angry with Mr Nimmo?
Answer. — He certainly spoke in a very commanding
manner.
Major C. Moncrieff. — As you have said that
the whole passed in a minute and a half, what
part of that time was taken up in the strokes
given by Mr Nimmo to Captain Orr?
Answer. — To the best of my recollection, I
think it would take up half a minute.
Lieutenant LEITCH, Berwick-shire Militia,
8th Witness for the Prosecution.
Court. — Do you remember an outrage being
committed by Mr Nimmo in the mess-room,
about the end of January?
Answer. — I do.
Court. — Did Major Moncrieff, on that occasion,
endeavour immediately, as far as in his
power, to prevent that outrage?
Answer. — No.
Court. — State to the Court your reason for
thinking that Major Moncrieff did not do so.
Answer. — Major Moncrieff did not endeavour
to put Mr Nimmo out of the room till after the
outrage. I think he might have said as much
to Mr Nimmo before the outrage was committed,
as he did after; and I think he would have
been supported by the officers; at least he
would have been supported by me, if he had
done so.
Court. — How long was Mr Nimmo in the
room altogether?
Answer. — I think about two minutes, or
nearly two minutes.
Court. — How long was he in the room before
he began to commit the outrage?
Answer. — It could not be above half a minute.
Court. — State to the Court Mr Nimmo's
manner of coming into the room and committing
the outrage; and at what time you think
it could have been prevented.
Answer. — When Mr Nimmo came into the
mess-room, he said he was sorry to intrude upon
the company, but he was come to chastise a
scoundrel, and he was happy to find that that
scoundrel was here: he then immediately went
up to Captain Orr, and struck him with a whip.
I think the Major might have interfered when
he said he was come to chastise a scoundrel.
He might then have desired him to go out of
the room. I do not know if he would have
gone; but he might have desired him.
Court. — From Mr Nimmo's manner at the
time, do you think the Major ordering him to
leave the room would have had any effect?
Answer. — I cannot say indeed whether it
would or not.
Court. — How long do you think Mr Nimmo
was in the room before Major Moncrieff interfered?
Answer. — Fully a minute.
Court. — When Major Moncrieff did interfere,
did he appear to be very angry with Mr
Nimmo, and very determined to put him out
of the room?
Answer. — I cannot say from Major Moncrieff's
manner that he was very angry at Mr Nimmo.
He said he had intruded on the company, and
begged him to go out of the room; but I cannot
say he appeared in any great rage.
Court. — After Mr Nimmo left the room, did
Major Moncrieff seem to feel any particular indignation
against Mr Nimmo, for the outrage
and insult he had offered to him and to the
mess?
Answer. — I cannot say that I perceived that
he did. I was only a few minutes in the mess--
room after Mr Nimmo left it.
Court. — During the time Mr Nimmo was in
the mess-room, and afterwards till you left it,
did you pay particular attention to Major Moncrieff's
conduct?
Answer — I did not.
Court. — Did you at that time know any
thing of Mr Nimmo's being in the neighbourhood,
or of his intention to commit the outrage
in the mess-room?
Answer. — No.
Court. — Do you know, or have you any reason
to believe, that Major Moncrieff knew of
Mr Nimmo's being then in the neighbourhood,
or of his intention to commit that outrage in
the mess-room?
Answer. — No.
Court. — State to the Court the names of the
officers then in the mess-room.
Answer. — Major Clarkson Moncrieff, Captain
Bell, Captain Hair, Dr Keith, Lieut. Montgomery,
Lieut. Rule, Ensign Nicolls, Ensign
Lourey, who has since left the regiment, Captain
Orr, and myself.
Major C. Moncrieff. — Where did you sit at
the table?
Answer. — On the left hand of the President.
Major C. Moncrieff. — Who was next you?
Answer. — Captain Orr, on my left hand.
Major C. Moncrieff. — Where was I sitting?
Answer. — On the President's right hand.
Here the Prosecution was closed.
Adjourned till to-morrow.
26th September.
Major MONCRIEFF read the following
Defence.
DEFENCE for Major THOMAS CLARKSON MONCRIEFF,
of the 1st Regiment of Militia.
THE charge, as now preferred against me, is
for not resisting immediately, and endeavouring,
as far as in my power, to prevent the outrage
committed in the mess-room on 30th January
1807; an outrage whereby, as it is stated, a
gross insult was offered to myself, and every
officer present; and the offence wherewith I
am charged, is said to have been committed,
contrary to my duty as an officer then commanding
the regiment, and contrary to good
order, and military discipline.
I hope to make it appear, that this charge is
not well founded in point of fact. From the
circumstances under which the outrage was
begun, it was totally out of my power to prevent
its commencement; but I resisted it immediately,
and took the best means which my
situation afforded me, of stopping its continuance.
From the evidence that has been adduced in
support of the prosecution, and from that to be
adduced in my defence, I trust it will be fully
established, to the satisfaction of this Court--
Martial, that I was ignorant of Mr Nimmo's
intention to insult Captain Orr; that I did not
improperly delay to interfere; and that I did as
much to repel it, as the circumstances of so
very singular a case admitted of. If the Court--
Martial shall be of a different opinion, I hope
that any failure on my part may be imputed to
that momentary surprise and confusion, which
so sudden, and extraordinary an attack, must
have produced, and which it appears to have
produced on the other gentlemen who were
present when it happened.
On 30th January last, ten officers of the regiment
dined together at the mess, which was
held in the room where the Court now sits:
Ensign and Assistant-Surgeon Nicoll was in
the chair, and I sat on his right hand. After
dinner, about six o'clock, while we were at table,
and a great deal of conversation was going
on in high good humour, Mr Nimmo burst into
the room. I did not immediately perceive Mr
Nimmo, who was in coloured cloaths; and besides,
the candles were so placed, as to prevent
my seeing him so soon as I might otherwise have
done. Hearing Mr Nimmo's voice, I looked
up, and saw him, on the other side of the table,
strike at Captain Orr several times with a horsewhip.
The surprise of every person present
was extreme; but it was impossible to interfere,
so as to prevent the blows, as the whole
was done in the space of a few seconds.
From the situation in which I sat at table, I
could not have interfered personally to prevent
the outrage, as I was at the most distant corner
from the door at which Mr Nimmo entered,
and on the opposite side of the table from
Captain Orr. While the scuffle lasted, it was
in vain to call out to Mr Nimmo; and it was
so quickly over, that there was no time to give
orders, or even to think of what orders to give.
I saw Captain Orr, on being attacked by Mr
Nimmo, lay hold of a rush-bottomed chair, and
endeavour to defend himself from the blows
with it; but he immediately set it down, and
ran towards me, calling to me as if for my interference.
Whilst Captain Orr was coming towards
me, Mr Nimmo retired to the bottom of
the room; at the same instant I was ordering
Mr Nimmo to quit the room, upon which he
attempted to apologise for his intrusion, but,
without listening to him, I called to him again
in a loud and stern voice, to be gone, saying,
Leave the room, Sir; begone, Sir; away, Sir; or
making use of such short expressions; upon
which he bowed to the company, and retired.
The whole time that he remained in the room,
did not, as I should suppose, exceed a minute or
a minute and a half. When he was gone, it
was evident that the company had been extremely
shocked by what had passed; for instead
of the high spirits and mirth that had
prevailed before Mr Nimmo made his appearance,
there was a total silence, all of the gentlemen
seeming to feel as I did, very deeply on
the occasion; and they soon after separated, at
an earlier hour than usual.
I conceive, that in ordering Mr Nimmo to
quit the room, in the manner I did, that I shewed
my decided disapprobation of his conduct,
and that I did every thing that was incumbent
on me, in the circumstances of the case.
I hope that a very short consideration of the
subject will satisfy the Court, that I did not
improperly delay to interfere, and that I could
have done nothing more effectual than I did; to
resist the outrage committed by Mr Nimmo.
It is completely established, that Mr Nimmo's
continuance in the room, from the time that
he burst in unexpectedly until he retired, did
not exceed the space of two minutes. But it
cannot be supposed, that on such an occasion
any gentleman would measure the time by his
watch. I have already stated, that, according
to my computation, Mr Nimmo's stay could
not have exceeded a minute or a minute and a
half. But, at all events, it is indisputable, that,
from the extreme shortness of the time of Mr
Nimmo's stay, sworn to by the witnesses, every
circumstance that happened before the outrage,
while it lasted, and after it was over, must have
passed with the utmost rapidity.
Notwithstanding this, some of the witnesses
have given an opinion, that I did not interfere
so soon as I might have done. None has said,
that I could have interfered with effect, so as
to prevent the blows, or that I could have interfered
in any way but by speaking or calling
out to Mr Nimmo to desist or to leave the
room. But some of the witnesses seem to think,
that I might have attempted to prevent or stop
the outrage, by speaking sooner than I did. It
is necessary that the Court should attend very
minutely to the circumstances of the fact upon
which that opinion is founded.
It seems to be proved, that during almost
one half of Mr Nimmo's stay in the room, Captain
Orr having gone behind me, I was interfering
by calling to, or ordering Mr Nimmo to
quit the room; and the blame that seems imputed
to me is, that I did not interfere during the
first minute of Mr Nimmo's stay in the room.
It is admitted, that I did interfere afterwards,
and that I was the only person in the company
who did so.
But if the history of that first minute of Mr
Nimmo's stay in the room is duly considered,
I hope that I shall not be blamed, for having
done nothing with effect, in that space of time.
It should be recollected, that in sitting with my
brother officers, enjoying their conversation after
dinner, without the least suspicion of any
unpleasant interruption, I was naturally to the
same degree off my guard, as every man must
be in that situation. I did not perceive Mr
Nimmo come into the room. I was attending to
a conversation, from which my attention was
with difficulty diverted. Mr Nimmo's conduct
was so extraordinary, and so unexpected by
me, that it was some instants before I could believe
my senses. Certainly, before it was possible
for me to recover from the astonishment
and confusion into which I was thrown, by
what I saw and heard, the scuffle ended, and
Captain Orr came running to me. I then called
out to Mr Nimmo, in a most peremptory
tone, to leave the room.
That I could not have personally interfered,
and that I could not have prevented the blows,
is clearly proved, though, in the opinion of
some, I might have spoke sooner. But though
there was no physical impossibility of speaking
sooner, yet, considering that I did not observe
Mr Nimmo at first, and could hardly be aware
of his design, till the blows were given, (when
I could not have spoke with any effect,) I hope
it will be thought, that, although I might have
spoke sooner, yet that I was not to blame for
not having spoken sooner. Before I was fully
aware of the extraordinary scene before me, it
was over, and Mr Nimmo was retiring to the
door, apologising to the company for his conduct.
If I had been forewarned, that Mr Nimmo
intended to pay such a visit to the mess, I
should have been ready to start up the moment
I heard his voice, or saw him, because I should
have been on my guard; but being so entirely
unaware as I was, that the quiet of the mess
was to be disturbed in a manner so extraordinary,
I humbly think, that an allowance of a
few seconds for recollection should be given
me. It is due to human imperfection. I am
apt to suspect, that if Mr Nimmo had in the
same manner attacked my dearest friend, I
should have been prevented, by momentary confusion,
from acting in any other way than I
did. I may even affirm, that no man, in an
hour of complete relaxation, can in an instant
recover a tone of mind to enable him to decide
and act in any difficulty.
I cannot pretend to say, with absolute precision,
what passed in my mind, during the few
seconds or half minute, which some of the witnesses
seem to think afforded me an opportunity
of interfering sooner than I did. But I may
be permitted to remark, without meaning the
smallest reflection on other gentlemen, that if
I had been seated next to Captain Orr, I would
have interfered instantly upon the threatened
attack, to prevent it to the utmost of my power.
It is not unlikely, that some expectation that
other gentlemen who were nearer to Captain
Orr would give him that assistance which I
could not give him, prevented me during these
few seconds from interfering.
To those who witnessed the scuffle, it would
not readily have occurred, that my calling out
to Mr Nimmo from the place where I was,
could have stopt or interrupted him. One of
the witnesses swears, that nothing but personal
strength could have done so; that no words
could have had any effect on him at the time.
If indeed there were any room from the facts
to suppose, that I wished to encourage Mr Nimmo,
or that I did not heartily feel disgust at
such an outrage, or that I was lukewarm in my
endeavours to prevent it, there might be room
for casting blame upon me in the transaction.
But I hope the Court will be satisfied, that no
such imputations can justly fall upon me, and
that I acted to the best of my power, as an officer
who conceived it to be his duty, and whose
wish it was, to put a stop to so disgraceful a
scene.
I have only to add, that I sincerely regret,
that his Royal Highness the Commander in
Chief, should have conceived, that it was in
my power to have prevented the outrage from
taking place; at same time, I cannot but feel
highly gratified, that by ordering this Court--
Martial, his Royal Highness has afforded me an
opportunity of removing any unfavourable impression
this most singular transaction may
have made upon him, in regard to myself, or the
officers present. It is above forty-six years
since I entered his Majesty's service as an officer;
and until this occurrence, I trust that the
smallest blame was never attached to me.
(Signed) THOs. CLARKSON MONCRIEFF,
Major, 1st or Berwick-shire Regt.
MAJOR CLARKSON MONCRIEFF called the following
Witnesses in his Defence.
Captain ORR, 1st witness for Major MONCRIEFF.
Major C. Moncrieff. — Was you in coloured
cloaths in the mess-room the day the outrage
was committed?
Answer. — I was.
Major C. Moncrieff. — State to the Court how
that happened.
Answer. — I happened to walk to Edinburgh,
either after breakfast, or after the morning parade,
I am not sure if I was at the morning parade,
and walked back to dinner, and of course
had very little time to change my cloaths.
Major C. Moncrieff. — Did not Major Moncrieff,
as commanding officer of the regiment,
apply for, and obtain to you, six weeks leave of
absence, from the 1st of February, to go to
London, which you did?
Answer. — Yes.
Major C. Moncrieff. — On that day on which
the outrage was committed in the mess by Mr
Nimmo, had not you Major Moncrieff's leave
to go to Edinburgh, to arrange some matters
about going to London?
Answer. — I had.
Major C. Moncrieff. — Did not you accordingly
go to these places, and was you restricted
to return any other time that day than what was
convenient for yourself?
Answer. — I do not recollect being restricted
at all.
Major C. Moncrieff. — During the time the
Berwickshire regiment of militia were quartered
here, prior and at the time the outrage took
place, were there sentries stationed, at the mess--
room door, and field-officers room?
Answer. — There were no sentries at the mess--
room door; but I am not sure if there was a
sentry at the field-officers door or not.
Major C. Moncrieff. — What was the nearest
guard to the mess-room?
Answer. — The opposite side of the barrack--
yard, about fifty yards off.
Major C. Moncrieff. — It being the 30th of
January when that outrage was committed, do
you not think that the guard would be sitting
in the guard-room round a comfortable fire?
Answer. — I think they would all be in the
guard-room except the sentries.
Major C. Moncrieff. — Were there any personal
difference between you and Mr Nimmo before
he left the regiment?
Answer. — Mr Nimmo insulted me, which I
reported to Colonel Lord Hume, and that it was
on that account that Mr Nimmo was displaced
from the regiment.
Major C. Moncrieff. — Had you any apprehension
that Mr Nimmo intended to insult you,
after his being displaced from the regiment?
Answer. — I apprehended he would insult me,
when his being displaced was notified to him;
but after he left the barracks next morning, I
thought he would go away quietly.
Major C. Moncrieff. — In the interval between
the time when Mr Nimmo was displaced, and
the time when he made the attack upon you,
had you any apprehension that he was to insult
you?
Answer. — I believed, that if he met me any
where he would insult me.
Major C. Moncrieff. — Had you any apprehension
that he would come to the barracks to insult
you?
Answer. — For a few days I had; but after he
allowed about two months to elapse, I gave up
all apprehension of it.
Major C. Moncrieff. — Had you any reason to
believe, that I had any apprehension that Mr
Nimmo would come back to the barracks to
insult you?
Answer. — I certainly had.
Major C. Moncrieff. — State to the Court your
reasons for thinking so.
Answer. — My reason was shortly this: From
Major Moncrieff's intimacy with Mr Lourey,
who has since been displaced from the regiment
and Mr Lourey's correspondence with Mr
Nimmo, at least I believe he had such a correspondence:
and from Mr Lourey having the
charge of Mr Nimmo's baggage for several
months after Mr Nimmo was displaced from the
regiment.
Major C. Moncrieff. — Can you state no more
particular reasons for the belief you have now
mentioned to the Court?
Answer. — I had also another reason; there
was another officer who had a great deal of intimacy
with Mr Lourey and Major Moncrieff.
Major C. Moncrieff. — Have you any other
reason than what you have stated, for supposing
that I apprehended that Mr Nimmo would come
and insult you in the barracks?
Answer. — I have not.
Major C. Moncrieff — Describe Mr Nimmo's
person, his size, age, and temper.
Answer. — He was nearly six feet tall, pretty
stout, very active; I suppose he was about
twenty years of age; and in his temper, I think
he was quarrelsome and vitious.
Court. — When you went to Edinburgh on
30th January, was it your intention to return
to dinner; and if so, did you mention it to any
person?
Answer. — It certainly was my intention, but
I do not recollect mentioning it to any person.
Major C. Moncrieff. — You said you reported
to Colonel the Earl of Hume Mr Nimmo's insult
to you: Did not you first report it to me,
as commanding officer of the regiment, and apply
to me to put Mr Nimmo under arrest,
which I immediately did?
Answer. — Certainly; and you put him under
arrest accordingly.
Captain BELL, 2d Witness called by Major
MONCRIEFF.
Major C. Moncrieff: — Do you remember on
the night of the outrage, before Mr Nimmo
entered, if we were not all sitting round the
table, pleasantly and in good humour, and in
conversation with each other?
Answer. — I think we were.
Major C. Moncrieff. — After Mr Nimmo left
the room, did the company recover their former
mirth and spirits?
Answer. — No, I don't think we did.
Major C. Moncrieff. — Did the company appear
shocked with the outrage after Mr Nimmo
left the room, and did they remain in silence
for some time?
Answer. — I was so much surprised myself,
that I did not pay particular attention to the
looks of the gentlemen; and I believe there
was very little said for some time.
Major C. Moncrieff. — State to the Court Mr
Nimmo's person, temper, and age.
Answer. — He was a tall, thin lad, I suppose
about five feet eleven inches, handsome and
well made; about twenty years of age; and of
a violent and hot temper.
Court. — On what terms of intimacy were
Major Moncrieff and Captain Orr, previous to
the outrage happening?
Answer. — I believe they were not remarkably
intimate: I believe there was rather a dryness
between them.
Court. — On what terms of intimacy were
Major Moncrieff and Mr Nimmo before he left
the regiment?
Answer. — I believe they were on very good
terms.
Court. — On what terms were you with Major
Moncrieff at that time?
Answer. — On very good terms.
Court. — On what terms were you and Captain
Orr?
Answer. — On very good terms.
Court. — Do you know if there was any intercourse
between Major Moncrieff and Mr
Nimmo, after Mr Nimmo left the regiment?
Answer. — I don't know.
Lieutenant RULE, 3d Witness called by
Major Moncrieff.
Major C. Moncrieff. — Previous to the outrage
being committed, and at that time, were
there sentries at the mess-room door, and at
Lord Hume's door?
Answer — There were no sentries at the mess--
room door: I cannot charge my memory with
regard to Lord Hume's door.
Major C. Moncrieff. — Was you at times acting
as adjutant, when the adjutant was out of the
way?
Answer. — I was.
Court. — On what terms of intimacy were
Major Moncrieff and Captain Orr, previous to
the outrage being committed?
Answer. — I neither saw any particular intimacy,
nor any particular coolness between
them; and I saw them at times conversing together.
Court. — On what terms of intimacy were
Major Moncrieff and Mr Nimmo, before Mr
Nimmo left the regiment?
Answer. — I conceived there was a particular
intimacy between Major Moncrieff and Mr
Nimmo.
Court. — Do you know if there were any intercourse
between Major Moncrieff and Mr
Nimmo, after Mr Nimmo left the regiment?
Answer. — I know of none.
Major Clarkson Moncrieff here closed his
defence. Major Moncrieff stated, that as it
had been proved, that be was intimate, and on
good terms with Mr Nimmo, he wished that it
should appear in the proceedings, that Mr Nimmo
had been recommended to him by Major
Irving, a Captain in the regiment, who was
Mr Nimmo's relation. At his desire, Major
Moncrieff procured Mr Nimmo's commission,
and undertook to watch particularly over his
conduct. This necessarily occasioned the appearance
of intimacy. Major Moncrieff could
easily prove these circumstances, though at present
the evidence of them is not at hand.
The Court-room was then cleared; upon being
opened again,
Lieut. MONTGOMERY was called by the Court.
Court. — Do you know if there was any intercourse
between Major Moncrieff and Mr
Nimmo, after Mr Nimmo left the regiment?
Answer. — No, I do not.
Court. — Do you know, or have you reason
to think, that Major Moncrieff knew of Mr
Nimmo's being in the neighbourhood about the
time the outrage was committed?
Answer. — No.
Court. — Did you acquaint any person with
your knowledge of Mr Nimmo's being in the
neighbourhood?
Answer. — No; I do not recollect that I did.
Court. — Did you see Mr Nimmo about that
time, previous to his coming into the mess--
room and committing the outrage?
Answer. — I do not choose to answer that
question.
Lieut. LEITCH called by the Court.
Court. — Do you know upon what terms of
intimacy Major Moncrieff was with Captain
Orr, previous to the outrage?
Answer. — I always thought they were not
on the best footing.
Court. — On what terms were you with Major
Moncrieff and Captain Orr?
Answer. — I was on very good terms with
them both.
Major C. Moncrieff: — Did you not see, that
when Captain Orr and I met, or were together,
either in the mess-room, or any where else, we
conversed together?
Answer. — Yes; I have seen them join in
conversation in the mess-room, and out of it;
but I still thought there was a dryness between
them.
Captain ORR called by the Court.
Court. — Previous to the outrage being committed
in the mess-room, on what terms of intimacy
were you with Major Moncrieff?
Answer. — I was on very good terms with
him, I understood.
GENERAL ORDER.
Adjutant-General's Office,
Edinburgh, 28th October 1807.
THE letter, of which the following is a
copy, has been received from His Royal Highness
the Commander in Chief, addressed to
Lieutenant-General Campbell, commanding his
Majesty's forces in North Britain, dated Horse
Guards, 22d October 1807.
'SIR,
HAVING laid before the King the proceedings
of a General Court-Martial, held at Mussleburgh-Barracks,
on 24th September 1807,
and continued by adjournments to the 26th of
the same month, for the trial of Major Thomas
Clarkson Moncrieff, of the 1st, or Berwickshire
Regiment of Militia, who was arraigned upon
the under-mentioned charge, viz. "For not re"sisting
immediately, and endeavouring as far
"as in his power to prevent, the outrage com"mitted
in the mess-room on the 30th January
"1807; whereby a gross insult was offered,
"not only to the Major, but to every officer
"present; contrary to his duty as an officer
"then commanding the regiment, and contra"ry
to good order and military discipline."
Upon which charge the Court came to the
following decision:
"THE Court having maturely deliberated on
"the evidence, both in support of the prosecu"tion
and defence, and whole proceedings, is
"of opinion, That it was not in the power of
"the prisoner, Major Clarkson Moncrieff, to
"have prevented or resisted the beginning of
"the outrage committed in the mess-room on
"the 30th January 1807, namely, Mr Nimmo
"bursting into the room, and making use of a"busive
language to one of the members of
"the mess; but the Court is of opinion, that
"he did not by any means take the earliest op"portunity
of resisting the outrage, and that
"he did not do the utmost in his power to pre"vent
the continuance of it.
"It not being proved, however, to the Court,
"that his not doing so proceeded from any
"want of inclination, on his part, to prevent
"the insult offered to himself, and the other
"officers present, but may have proceeded from
"his surprise and agitation at the time: The
"Court, therefore, in virtue of the power and
"authority vested in it by the Articles of War,
"does only sentence him to be severely repri"manded,
in such manner as the Commander
"of the forces in North Britain shall be plea"sed
to direct."
'I am to acquaint you, that His Majesty was
pleased to approve of the opinion of the Court,
and to command that the sentence should be
carried into effect.
(Signed) FREDERICK,
Commander in Chief.
It is Lieutenant-General Campbell's order,
That the foregoing letter from His Royal Highness
the Commander in Chief, containing His
Majesty's approbation of the sentence of the
General Court-Martial, held on Major Thomas
Clarkson Moncrieff, of the 1st, or Berwickshire
Regiment of Militia, shall be read, and the sentence
put in execution, by the Colonel, or Officer
commanding the Berwickshire regiment of
militia, in presence of the officers.
(Signed) ALEX. MACKAY,
Dep. Adjt. Genl.
OF THE
GENERAL COURT-MARTIAL,
HELD
AT MUSSLEBURGH BARRACKS,
ON THE
24th, 25th, & 26th days of September last,
FOR THE TRIAL OF
MAJOR THO. CLARKSON MONCRIEFF,
OF THE FIRST, OR BERWICKSHIRE, REGIMENT
OF MILITIA,
BY ORDERS OF HIS ROYAL HIGHNESS,
THE DUKE OF YORK,
COMMANDER IN CHIEF,
EDINBURGH:
PRINTED FOR W. & J. DEAS,
By Abernethy & Walker.
1807.
PROCEEDINGS,
&c. &c.
Return of Officers for the Court-Martial.
Col. FRANCIS W. GRANT, Inverness-shire Regt. of Militia,
PRESIDENT.
BURNET BRUCE, ESQ. DEP. JUDGE ADVOCATE.
Lieut.-Col. JOHN WAUCHOPE, Edinburgh Militia.
Lieut.-Col. LORD MONTAGU, Dumfries-shire Militia.
Major THOMAS GORDON, Royal Lanark-shire Militia.
Major HEPBURN MITCHELSON, Edinburgh Militia.
Capt. BALLANTYNE, Dumfries-shire Militia.
Capt. WILLIAM GRIERSON, Dumfries-shire Militia.
Capt. JAMES DUFF MACKAY, Inverness-shire Militia.
Capt. JOHN MILLAR, Royal Lanark-shire Militia.
Capt. JAMES LASKEY, Kirkcudbright Regiment of Militia.
Capt. WILLIAM MACDONALD, Edinburgh Militia.
Capt. ALEXANDER CHISHOLM, Inverness-shire Militia.
Capt. JOHN DUGUID, Aberdeen-shire Militia.
Capt. JAMES ROWAN, Royal Lanark-shire Militia.
Capt. JAMES GORDON, Aberdeen-shire Militia.
THE Members of the Court and the
Judge-Advocate-Depute being sworn in, Major,
THOMAS CLARKSON MONCRIEFF was called before
the Court, when the Judge-Advocate read
to the Court and the Prisoner the charge, as
follows:
CHARGE preferred against Major THOMAS
CLARKSON MONCRIEFF of the Berwick--
shire Regiment of Militia, by order of
His Royal Highness the Commander in
Chief, dated 11th September 1807.
FOR not resisting immediately, and endeavouring,
as far as in his power, to prevent, the
outrage committed in the mess-room on the
30th January 1807; whereby a gross insult was
offered, not only to the Major, but every officer
present, contrary to his duty as an officer then
commanding the regiment, and contrary to
good order and military discipline.
Adjt. General's Office,
Edin. 18th Sept. 1807.
(Signed) ALEX. MACKAY,
D. Adjt. Genl.
(A true Copy.)
J. R. MACKENZIE,
Brige. Genl.
The Prisoner having pled Not Guilty, the
Judge-Advocate, as prosecutor, called the following
witnesses.
24th September 1807.
Capt. ORR* of the 1st, or Berwick-shire Militia,
1st Witness for the Prosecution.
Court. — State to the Court what passed in the
mess-room on the 30th January, when Mr
Nimmo committed the outrage.
Answer. — Mr Nimmo entered this room, then
the mess-room of the Berwick-shire Militia: he
used some very gross expressions, in a passionate
manner, calling me a scoundrel and a coward.
Mr. Nimmo then made up to me, and struck at
me several times with a whip, against which I
defended myself as well as I could with one
of the chairs, which I took in my hand:
After that, I placed the chair between him and
me, and walked round to the other side of the
* Capt. ORR and all the witnesses were upon oath.
table. He again made use of similar expressions
towards me, and said he would cane me
wherever he met me. Mr Nimmo then offered
to make some apology to the gentlemen in
the room, when Major Clarkson Moncrieff said,
You are disturbing the company; you had better
retire, or had better leave the room: and Mr
Nimmo immediately left the room.
Court. — Was Major Clarkson Moncrieff at
that time in the immediate command of the regiment?
Answer.— He was.
Court. — Was Mr Nimmo at that time an officer
in the Berwick-shire Militia?
Answer. — He was not. He once was an officer
in the regiment, but had been displaced
by his Majesty on 11th November preceding.
Court. — Where was Major Clarkson Moncrieff
sitting at that time, and where was you
sitting?
Answer. — Major Clarkson Moncrieff was at
the end of the table further from the door, and
I was sitting near the door.
Court. — What length of time intervened between
Mr Nimmo coming into the room and
leaving it?
Answer. — I think nearly two minutes.
Court. — Did Major Clarkson Moncrieff appear
to be very angry, or to be very much displeased
with Mr Nimmo, when he ordered him
to retire from the room?
Answer. — I do think not.
Court. — Did Major Clarkson Moncrieff, in
any manner, endeavour to prevent Mr Nimmo
from insulting you?
Answer. — He did not.
Question by Major C. Moncrieff. — As the insult
was so sudden, in what manner could Major
Moncrieff have prevented it?
Answer. — I do not think he could have prevented
the first part of the insult, as he was so
far from Mr Nimmo and me; but I think he
could have ordered the guard out to have laid
hold of Mr Nimmo.
Major C. Monerieff — Does Capt. Orr think,
that Major Moncrieff could have ordered the
guard in time to have prevented any part of the
insult?
Answer. — I don't think he could, as Mr Nimmo
was only in the room nearly two minutes,
if so much; but I do not think he seemed to
wish to do so.
Court. — Did you observe Major Clarkson
Moncrieff particularly during the time Mr
Nimmo was in the room?
Answer. — I did not; I rather had my.eye on
Mr Nimmo during that time.
Court. — Did any of the officers make any attempt
to prevent the outrage committed by Mr
Nimmo?
Answer. — No.
Court. — Was you in the room after Mr Nimmo
left it?
Answer. — Yes.
Court. — Did any conversation take place upon
the subject of the outrage committed by Mr
Nimmo, after he left the room?
Answer. — There was not. I observed, as far
as I recollect, that I had never witnessed such
outrageous conduct; but the gentlemen present
seemed to decline the subject, and no conversation
took place upon it.
Court. — State more particularly, if you can,
what were the first words Mr Nimmo made
use of immediately on his entering the mess--
room.
Answer. — When Mr Nimmo entered the
room, he said I beg your pardon for intruding;
but I am come to chastise a coward and a
scoundrel: or made use of words to that effect,
and immediately made up to me, and struck
me with a whip.
Lieut. WALTER RULE, Berwick-shire Militia,
Witness for the Prosecution.
Court. — Do you recollect an outrage committed
in the mess-room of the Berwickshire
Militia in January last? Mention the particulars.
Answer. — Some night about the end of January,
I do not recollect particularly whether
it was the 30th or not, a person, whom I soon
perceived to be Mr Nimmo, burst into the
mess-room, and after making an apology to the
company, he threatened Captain Orr, and repeatedly
called him a coward and a scoundrel,
and then struck him repeatedly with a whip.
Captain Orr got up, and went round the top of
the table with a chair in his hand: Captain Orr
went behind Major Moncrieff,.and, as nearly as I
can recollect, said, Major, Major, I never saw the
like of this; upon which Major Moncrieff said
to Mr Nimmo, Sir, you have disturbed the harmony
of this company, and I desire you will
be off immediately. Mr Nimmo then again
repeated his threat to Captain Orr, and told
him, that although he had demeaned himself
below the character of a gentleman, he was
still willing to give him satisfaction, and that
he was to be found, or still to be found; or used
words to that effect. After again apologising
for his intrusion, Mr Nimmo left the room.
Captain Orr afterwards came round to his seat,
and continued for some time in the mess-room
but no farther notice was taken of what had
happened.
Court. — What length of time intervened between
Mr Nimmo coming into the room and
leaving it?
Answer. — Nearly two minutes.
Court. — When Major Moncrieff ordered Mr
Nimmo to leave the room, did Major Moncrieff
appear to be very angry or displeased with Mr
Nimmo?
Answer. — I cannot say, as I did not attend
particularly to his countenance at the time.
Court. — Did Major Moncrieff endeavour to
prevent that outrage in the mess-room?
Answer. — No, not till he told Mr Nimmo to
be off.
Court. — Could Major Moncrieff have prevented
Mr Nimmo from committing that outrage
in the mess-room?
Answer. — I do not think he could have prevented
Mr Nimmo from threatening Captain
Orr; but I think there was time enough from
Mr Nimmo's coming into the room, and striking
Captain Orr, to have interfered.
Court. — After Mr Nimmo threatened Captain
Orr, had Major Moncrieff time enough to have
prevented him from striking him?
Answer. — I cannot say as to the time very
particularly; but I think Mr Nimmo struck
him immediately after threatening him.
Court. — Did any of the officers present make
any attempt to prevent the outrage committed
by Mr Nimmo?
Answer. — None.
Court. — Have you any reason to suppose, that
previously to Mr Nimmo's coming into the
mess-room, Major Moncrieff could be acquainted
with his intention?
Answer. — I had no knowledge on the subject.
Court. — Did you know any thing of it yourself?
Answer. — No.
Court. — Do you think Major Moncrieff could
have put a stop to the outrage any sooner than
he did?
Answer. — I think he might have endeavoured
sooner.
Court. — When could he have endeavoured to
do so?
Answer. — From the time Mr Nimmo entered
the room, till Captain Orr went behind Major
Moncrieff 's chair, I think rather more than
half the time of Mr Nimmo's-being in the room
elapsed; and I think in that time, Major Moncrieff
could have endeavoured to prevent any
further outrage from being committed.
Court. — Did Major Moncrieff, or any other
officer except Captain Orr, rise from their chairs
during any part of the outrage?
Answer. — None of them did to the best of
my recollection.
Major C. Moncrieff. — Where was I sitting
at the table; where was Captain Orr sitting
and where was you sitting?
Answer. — As far as I can recollect, Major
Moncrieff was sitting near the top of the table
on the right hand of the president; I think he
was next the president; although I am not positive
but there might be one person between
the president and him: Captain Orr, I think,
was about the centre of the table, on the opposite
side: I was at the bottom of the table.
The door is at the bottom of the room, on the
same side on which Captain Orr sat.
Major C. Moncrief. — What were the officers
doing before Mr Nimmo entered the room, and
what were they conversing about?
Answer. — It was after dinner, and we were
in conversation in the usual way; but I do not
recollect what the particulars of that conversation
were.
Major C. Moncrieff. — Did the intrusion of
Mr Nimmo create a considerable degree of surprise
among the officers present?
Answer. — I was so agitated with the appearance
of Mr Nimmo, and particularly with his
conduct after he entered, that I could not take
particular notice of any body else.
Major C. Moncrieff. — When I ordered Mr
Nimmo to leave the room, did I not speak with
a commanding voice, saying, "Leave the room
"Sir; away, Sir; begone, Sir?"
Answer. — I do not particularly remember
these words which Major Moncrieff now mentions;
but I remember when Major Moncrieff
used the words I formerly mentioned, "You
"have disturbed the harmony of the company,
"and I desire you will be off immediately," —
he did so with a loud voice.
Lieut. ARCHIBALD MONTGOMERY, of the 1st,
or Berwick-shire Militia, 3d Witness for the
Prosecution.
Court. — State what passed in the mess-room
when Mr Nimmo committed the outrage.
Answer. — On the 30th of January Mr Nimmo
came into the mess-room: he opened the
door himself, and rushed in, saying there was a
scoundrel in this room, whom he wished to chastise.
He made up to Captain Orr, saying this
is him, and immediately began to horsewhip
Captain Orr. Captain Orr got up a chair to
protect himself from the blows; but finding
they still reached him, he threw down the
chair, and ran behind the Major, calling out
Major, Major. Major Moncrieff then ordered
Mr Nimmo to withdraw immediately. The
words he made use of, to the best of my recollection,
were, Sir, you have disturbed the harmony
of this meeting; therefore I beg, or I desire
you will withdraw immediately: Begone
Sir. Mr Nimmo then made an apology to the
officers for intruding himself, and then withdrew.
Court. — How long was Mr Nimmo in the
room?
Answer. — I think about two minutes altogether.
Court. — Did Major Moncrieff, in any manner,
endeavour to prevent Mr Nimmo from
committing the outrage you have mentioned?
Answer. — No further than ordering him to
withdraw; which he did.
Court. — When Major Moncrieff ordered Mr
Nimmo to withdraw, did he appear to be very
angry with him?
Answer. — Yes.
Court. — Could Major Moncrieff have prevented
Mr Nimmo from committing that outrage
in the mess-room?
Answer. — No; I do not think he could.
Court. — Could Major Moncrieff have interfered
sooner, so as to prevent any part of the
outrage?
Answer. — He might have spoken sooner.
Court. — Have you any reason to believe, that,
previously to Mr Nimmo's coming into the
mess-room, Major Moncrieff could be acquainted
with his intention to do so, and to commit
that outrage?
Answer. — No.
Court. — Had you any reason to believe that
Mr Nimmo had any such intention?
Major C. Moncrieff objected to this question
being put. He stated to the Court, that they
must be sensible it could in no shape bear upon
the charge preferred against him; but he conceived
it a duty he owed to Lieutenant Montgomery,
to prevent him from implicating himself,
which might probably be the case; and
that it was from that motive alone he now objected
to the question being put.
The Court-room was cleared, that the Court
might deliberate upon the objection. Upon
the Court being again opened, the President
stated, that the Court had determined upon
putting the question. The question was again
put, and Lieutenant Montgomery answered, I
had reason to believe that Mr Nimmo meant to
horsewhip Captain Orr; but I did not know
particularly when or where it was to be done.
Major C. Moncrieff. — On the day on which
Mr Nimmo committed the outrage in the mess--
room, do you know that Captain Orr had leave
of absence from me, to go to Leith an Edinburgh,
to settle about a passage to London, and
was his own master for that day; and that he
did go accordingly, and was at the mess only
by accident, and in coloured cloaths?
Answer. — I did know it.
Court. — Did you know where Mr Nimmo's
residence was at that time?
Answer. — I did not; but the night previous
to committing the outrage in the mess-room, I
believe it was at Tranent, about four miles off.
Court. — Did any of the officers present, make
any attempt to prevent the outrage committed
by Mr Nimmo?
Answer. — None except Major Moncrieff, as I
have formerly stated.
Major C. Moncrieff. — Do you think, in the
situation I was in the mess-room, that I could
have prevented the blows given by Mr Nimmo
to Captain Orr?
Answer. — No; I do not think you could.
Major C. Moncrieff. — Could I by my speaking
have prevented any part of the outrage
sooner than I did?
Answer. — No. I think Mr Nimmo was in
such a violent passion, that nothing but personal
strength could have prevented him from
doing what he did.
Captain JOHN BELL, Berwick-shire Militia,
4th Witness for the Prosecution.
Court. — Do you remember an outrage committed
by Mr Nimmo in the mess-room, on the
30th of January?
Answer. — I do.
Court. — How long was Mr Nimmo in the
room?
Answer. — I suppose about a minute and a
half.
Court. — Did Major Moncrieff do any thing
to prevent the outrage committed by Mr Nimmo?
Answer. — After Mr Nimmo had been some
time in the room, Major Moncrieff ordered him
out of it. Mr Nimmo then made an apology
to the mess; and the Major again said, Off, off,
or words to that purpose; upon which Mr Nimmo
left the room.
Court. — Do you think Major Moncrieff could
have prevented any part of the outrage, by interfering
sooner than he did?
Answer. — I think he could not have prevented
Mr Nimmo from striking Captain Orr;
but I think he could have ordered him out of
the room sooner than he did.
Court. — Do you think Major Moncrieff's ordering
Mr Nimmo out of the room sooner
would have had any effect; and that he would
have gone?
Answer. — I can't tell that.
Court. — Did Mr Nimmo appear to be in a
violent passion when he came into the room?
Answer. — I am not sure whether I saw Mr
Nimmo first, or heard his voice; and I was so
much surprised with his coming into the room,
that I could not take particular notice; and it
was candle-light at the time, and I had my
back towards him.
Court. — Have you any reason to believe, that,
previously to Mr Nimmo's coming into the
mess-room, Major Moncrieff was acquainted
with his intention to do so, and to commit that
outrage?
Answer. — I have no knowledge of that. I had
no knowledge myself that Mr Nimmo intended
to do so; and I do not know that any of the
other officers knew of it.
Court. — When Major Moncrieff ordered Mr
Nimmo out of the room, did he speak in an
angry manner?
Answer. — He spoke loud, but I did not take
particular notice.
Lieut. MONTGOMERY again called by the Court.
Court. — Did you ever mention to Major
Moncrieff, that you believed Mr Nimmo meant
to horsewhip Captain Orr?
Answer. — Never, to the best of my recollection.
Court. — Do you know if any of the other
officers were acquainted with Mr Nimmo's intention
to horsewhip Captain Orr?
Answer. — I do not think any of the officers
in the regiment at present were; but one officer,
Mr Lourey, who has now left the regiment,
knew it.
Captain HENRY HAIR, Berwick-shire Militia,
5th Witness for the Prosecution.
Court. — Do you remember an outrage committed
in the mess-room about the end of January
last?
Answer. — I do.
Court. — Do you think that Major Moncrieff
endeavoured, as far as was in his power, to prevent
that outrage?
Answer. — The outrage was committed so very
suddenly, that I do not think the Major could
prevent it; but I think he interfered to stop it
as soon as he had time to recollect himself.
Dr JAMES KEITH, Berwick-shire Militia,
6th Witness for the Prosecution.
Court. — Do you remember the outrage committed
by Mr Nimmo in the mess-room in the
end of January?
Answer. — I do.
Court. — Do you think that Major Moncrieff
endeavoured immediately, as far as in his power,
to prevent that outrage?
Answer. — I did not think so.
Court. — State to the Court your reason for
thinking so.
Answer. — I think Major Moncrieff might
have ordered Mr Nimmo out of the room as
soon as he knew what was to happen.
Court. — What length of time was Mr Nimmo
in the room?
Answer. — I think his stay did not exceed two
minutes.
Court. — Did Mr Nimmo commit the outrage
immediately on his entering the room?
Answer. — No, he did not.
Adjourned till to-morrow.
25th September.
Mr KEITH called in.
Court. — State to the Court what you recollect
relative to the outrage committed by Mr
Nimmo.
Answer. — One evening about the end of January,
I believe it was the 30th, about six
o'clock in the evening, or between that and seven,
the door of the mess-room was suddenly
opened, and a person entered, who I soon perceived
to be Mr Nimmo, formerly a Lieutenant
in the regiment. When he came in, he made
an apology to the company: he said he was come
to chastise a person in the room, making use of
very opprobrious terms towards him. After he
had told what he was going to do, he laid a
whip over Captain Orr immediately, or almost
immediately. Captain Orr, after suffering this
without making any resistance, rose and took
up a chair to ward off the blows: After this,
Mr Nimmo struck at him again, and Captain
Orr retired behind the Major, who was sitting
on the right of the President, and addressed the
Major, saying, he had never seen the like of
this before, or words to that purpose. At this
time Captain Orr laid down the chair. Mr
Nimmo spoke some words also, and the Major
ordered Mr Nimmo to leave the room, which
he did, after making an apology, and saying, that
if Captain Orr wished to meet him honourably,
he could find means to find him. To the best
of my recollection, this was every thing that
happened.
Court. — How long do you think Mr Nimmo
was in the room before he struck Captain Orr?
Answer. — It is difficult to say precisely, but
I think the time would not exceed a quarter of
a minute or thereabouts.
Court. — State, if you can, distinctly, what
were the words Mr Nimmo made use of, immediately
on his entering the mess-room?
Answer. — I cannot recollect distinctly all the
particulars; but, as far as I can recollect, after
making an apology to the mess, he said he was
come to chastise a scoundrel and a rascal; and
going up to Captain Orr, said, Here he is. He said
more than this, although I cannot recollect all
the particulars. His apology to the mess was
pretty full, and he also said a good deal to Captain
Orr.
Court. — Did Mr Nimmo remain at the door
during the time he used these words?
Answer. — I think he came near to the bottom
of the table, when he began his apology;
and when he had made his apology, or while he
was making it, he walked up to Captain Orr,
who was sitting about the middle of the table.
Court. — When Mr Nimmo came into the
room, did you take particular notice of Major
Clarkson Moncrieff?
Answer. — No, I think I kept my eye upon
Mr Nimmo.
Court. — After Mr Nimmo had gone away,
did Major Moncrieff express any surprise at his
conduct, or any indignation against him, or did
he seem to feel or shew a just sense of the insult
offered to himself, and the mess?
Answer. — I rather think he said nothing on
the subject, after Mr Nimmo left the room.
Major Moncrieff objected to the above question
as irrelevant, as it referred to what happened
after the outrage was committed.
Court. — Did the President of the mess that
day, make any attempt to prevent the outrage
committed by Mr Nimmo?
Answer. — No, he did not.
Court. — Who was President?
Answer. — Ensign and Assistant Surgeon Nicoll.
Court. — Had any member of the mess any
knowledge of Mr Nimmo being in the neighbourhood
that evening, before he came into the
mess-room?
Answer. — I did not know at the time that
any of them had; but I have heard it spoken of
since, but have personally no knowledge on the
subject.
Court. — Who have you heard speak of it
since?
Answer. — I think I heard Lieutenant Montgomery
say so yesterday, after he had given his
evidence.
Major C. Moncrieff. — Do you think that I
could have prevented the outrage committed by
Mr Nimmo before he struck Captain Orr?
Answer. — I think it might have been attempted.
I do not know if it would have had
the effect. When Mr Nimmo entered the room,
every body must have known it to be for no
good, as he did not belong to the mess; and
when he had told what he was going to do, I
think it might have been attempted to have
been prevented, by ordering him out of the
room.
Major C. Moncrieff. — Were you living in habits
of intimacy and friendship with Captain
Orr, before and at the time of this outrage being
committed?
Answer. — I was on very good terms with
Captain Orr.
Major C. Moncrieff. — Did you know of any
personal quarrel betwixt Captain Orr and Mr
Nimmo?
Answer. — I know that they had differed once
or twice.
Major C. Moncrieff — Why did not you interfere
in attempting to stop the outrage at the
time it was committed?
Answer. — When I saw Mr Nimmo enter the
room, being a junior officer, I did not think it
my business to interfere; and when I saw Captain
Orr allow himself to be struck, without
making any resistance, I did not think it my
business to interfere, more especially as I saw
nobody else inclined to interfere.
Major C. Moncrieff. — Could you have interfered
so as to have prevented the blows given
by Mr Nimmo?
Answer. — When Mr Nimmo entered the
room and made his apology, I had a pretty
good idea what he was going to do. I don't say
I could have prevented it, but I think it might
have been attempted.
Major C. Moncrieff. — Where was you sitting
at table?
Answer. — Nearly about the middle of the table,
on the opposite side from Captain Orr.
Major C. Moncrieff. — Were you nearer the
foot of the table, and nearer to Mr Nimmo than
Major Moncrieff was?
Answer. — I was.
Major C. Monerief. — Was you a good deal
surprised and agitated by Mr Nimmo bursting
into the room?
Answer. — I certainly was a little surprised,
but I think I was pretty cool and collected.
Major C. Moncrieff. — Did Mr Nimmo follow
Captain Orr when he ran round the room
behind Major Moncrieff, or did he retire towards
the bottom of the room?
Answer. — I do not positively recollect, but I
think he followed Captain Orr up the room a
little, and then came back again.
Major C. Moncrieff. — Was Major Moncrieff
the only person who interfered at last to stop
the continuance of the outrage?
Answer. — He was the only person.
Court. — Are you sure it was not till after
Captain Orr came behind Major Moncrieff, and
said the words you have stated, that Major
Moncrieff ordered Mr Nimmo out of the room?
Answer. — To the best of my recollection it
was not.
Court. — After Mr Nimmo left the regiment,
were any of the officers in the habit of associating
with him?
Answer. — I did not know at that time that
any of them were; I have understood since
that some of them had seen him.
Court. — Had you any reason to suppose, that
Major Moncrieff had any previous knowledge
of the outrage committed by Mr Nimmo?
Answer. — Not the smallest.
Assistant Surgeon and Ensign NICOLL, of the
Berwick-shire Militia, 7th Witness for the
Prosecution.
Court. — Was you present in the mess one evening
about the end of January, when Mr
Nimmo came into the mess-room, and committed
a violent outrage?
Answer. — I was.
Court. — Do you remember where Major
Moncrieff was sitting on that occasion?
Answer. — I do perfectly well; he was next to
me, on my right hand.
Court. — Did Major Moncrieff endeavour immediately,
as far as in his power, to prevent that
outrage?
Answer. — He did not speak immediately
when Mr Nimmo entered the room, and it was
impossible to prevent the first part of the outrage,
which was the gross language used by Mr
Nimmo, because it was done immediately when
he entered the room; nor do I think he could
have prevented the first lash given to Captain
Orr, as that was done immediately, but perhaps
he might probably have prevented some part of
it.
Court. — Do you think Major Moncrieff endeavoured,
as soon as in his power, to prevent
the outrage, or any part of it?
Answer. — He certainly did interfere; but I
am not to judge of Major Moncrieff, if he did
it as soon as it was in his power.
Court. — You said you conceived Major Moncrieff
could not have prevented the first lash.
Was there time during the time Mr Nimmo
was striking at Captain Orr, for Major Moncrieff
to have interfered?
Answer. — I should conceive there was time
enough to have interfered, if Major Moncrieff
had presence of mind enough; not personally or
by force; but if he had had presence of mind enough
to have spoken and ordered Mr Nimmo
to retire, as he did afterwards.
Court. — From Mr Nimmo's manner at the
time, do you think that could have had any effect?
Answer. — From his manner at the time, and
his temper, I do not think it would.
Court. — Did you take particular notice of
Major Moncrieff at the time?
Answer. — I did not.
Court. — After Mr Nimmo had gone away,
did Major Moncrieff express any surprise at his
conduct, or any indignation against him, or did
he seem to feel or shew a just sense of the insult
offered to himself and the mess?
Answer. — Major Moncrieff made use of no
language relative to Mr Nimmo's conduct, and
I did not pay particular attention to Major
Moncrieff's countenance or manner, so as to discover
his sentiments; but the mess, from being
happy, seemed to feel very much; the conversation
stopped; and the officers went away individually
in about half an hour or an hour,
which was much earlier than their usual time of
breaking up.
Court. — Do you know if Major Moncrieff
had any previous knowledge of the intended
outrage?
Answer. — I had no knowledge.
Major C. Moncrieff. — How long do you
think Mr Nimmo was in the room altogether?
Answer. — About a minute and a half, or possibly
not so much, I cannot say exactly, but it
could not possibly be more than a minute and a
half.
Major C. Moncrieff. — How long was Mr
Nimmo in the room before he struck Captain
Orr?
Answer. — It is very difficult to answer that
question, because he rushed into the room, and
immediately making an apology to the mess,
struck at Captain Orr.
Major C. Moncrieff — What did Captain Orr
do upon being struck?
Answer. — At first he did nothing, but seemed
to take two or three lashes very coolly: he was
passing the decanter at the time, which he set
down, and took up a chair to ward off the
blows, and then he ran round to the right of the
table, and said, Oh, Major, Major, I never saw
the like of this; or used words to that purpose.
Major C Monerieff. — Did Mr Nimmo follow
Captain Orr when he ran round the room?
Answer. — He did not.
Major C. Moncrieff. — What did Mr Nimmo
do upon that occasion?
Answer. — After making an apology to the
mess, he retired from the room, being ordered
to do so by Major Moncrieff.
Court. — Was it before or after that apology
to the mess, that Major Moncrieff ordered Mr
Nimmo to leave the room?
Answer. — To the best of my recollection, I
think he made the apology previously to being
ordered out of the room; but I am not certain
which.
Court. — When Major Moncrieff ordered Mr
Nimmo to leave the room, did he express himself
as if very much displeased, or as very
angry with Mr Nimmo?
Answer. — He certainly spoke in a very commanding
manner.
Major C. Moncrieff. — As you have said that
the whole passed in a minute and a half, what
part of that time was taken up in the strokes
given by Mr Nimmo to Captain Orr?
Answer. — To the best of my recollection, I
think it would take up half a minute.
Lieutenant LEITCH, Berwick-shire Militia,
8th Witness for the Prosecution.
Court. — Do you remember an outrage being
committed by Mr Nimmo in the mess-room,
about the end of January?
Answer. — I do.
Court. — Did Major Moncrieff, on that occasion,
endeavour immediately, as far as in his
power, to prevent that outrage?
Answer. — No.
Court. — State to the Court your reason for
thinking that Major Moncrieff did not do so.
Answer. — Major Moncrieff did not endeavour
to put Mr Nimmo out of the room till after the
outrage. I think he might have said as much
to Mr Nimmo before the outrage was committed,
as he did after; and I think he would have
been supported by the officers; at least he
would have been supported by me, if he had
done so.
Court. — How long was Mr Nimmo in the
room altogether?
Answer. — I think about two minutes, or
nearly two minutes.
Court. — How long was he in the room before
he began to commit the outrage?
Answer. — It could not be above half a minute.
Court. — State to the Court Mr Nimmo's
manner of coming into the room and committing
the outrage; and at what time you think
it could have been prevented.
Answer. — When Mr Nimmo came into the
mess-room, he said he was sorry to intrude upon
the company, but he was come to chastise a
scoundrel, and he was happy to find that that
scoundrel was here: he then immediately went
up to Captain Orr, and struck him with a whip.
I think the Major might have interfered when
he said he was come to chastise a scoundrel.
He might then have desired him to go out of
the room. I do not know if he would have
gone; but he might have desired him.
Court. — From Mr Nimmo's manner at the
time, do you think the Major ordering him to
leave the room would have had any effect?
Answer. — I cannot say indeed whether it
would or not.
Court. — How long do you think Mr Nimmo
was in the room before Major Moncrieff interfered?
Answer. — Fully a minute.
Court. — When Major Moncrieff did interfere,
did he appear to be very angry with Mr
Nimmo, and very determined to put him out
of the room?
Answer. — I cannot say from Major Moncrieff's
manner that he was very angry at Mr Nimmo.
He said he had intruded on the company, and
begged him to go out of the room; but I cannot
say he appeared in any great rage.
Court. — After Mr Nimmo left the room, did
Major Moncrieff seem to feel any particular indignation
against Mr Nimmo, for the outrage
and insult he had offered to him and to the
mess?
Answer. — I cannot say that I perceived that
he did. I was only a few minutes in the mess--
room after Mr Nimmo left it.
Court. — During the time Mr Nimmo was in
the mess-room, and afterwards till you left it,
did you pay particular attention to Major Moncrieff's
conduct?
Answer — I did not.
Court. — Did you at that time know any
thing of Mr Nimmo's being in the neighbourhood,
or of his intention to commit the outrage
in the mess-room?
Answer. — No.
Court. — Do you know, or have you any reason
to believe, that Major Moncrieff knew of
Mr Nimmo's being then in the neighbourhood,
or of his intention to commit that outrage in
the mess-room?
Answer. — No.
Court. — State to the Court the names of the
officers then in the mess-room.
Answer. — Major Clarkson Moncrieff, Captain
Bell, Captain Hair, Dr Keith, Lieut. Montgomery,
Lieut. Rule, Ensign Nicolls, Ensign
Lourey, who has since left the regiment, Captain
Orr, and myself.
Major C. Moncrieff. — Where did you sit at
the table?
Answer. — On the left hand of the President.
Major C. Moncrieff. — Who was next you?
Answer. — Captain Orr, on my left hand.
Major C. Moncrieff. — Where was I sitting?
Answer. — On the President's right hand.
Here the Prosecution was closed.
Adjourned till to-morrow.
26th September.
Major MONCRIEFF read the following
Defence.
DEFENCE for Major THOMAS CLARKSON MONCRIEFF,
of the 1st Regiment of Militia.
THE charge, as now preferred against me, is
for not resisting immediately, and endeavouring,
as far as in my power, to prevent the outrage
committed in the mess-room on 30th January
1807; an outrage whereby, as it is stated, a
gross insult was offered to myself, and every
officer present; and the offence wherewith I
am charged, is said to have been committed,
contrary to my duty as an officer then commanding
the regiment, and contrary to good
order, and military discipline.
I hope to make it appear, that this charge is
not well founded in point of fact. From the
circumstances under which the outrage was
begun, it was totally out of my power to prevent
its commencement; but I resisted it immediately,
and took the best means which my
situation afforded me, of stopping its continuance.
From the evidence that has been adduced in
support of the prosecution, and from that to be
adduced in my defence, I trust it will be fully
established, to the satisfaction of this Court--
Martial, that I was ignorant of Mr Nimmo's
intention to insult Captain Orr; that I did not
improperly delay to interfere; and that I did as
much to repel it, as the circumstances of so
very singular a case admitted of. If the Court--
Martial shall be of a different opinion, I hope
that any failure on my part may be imputed to
that momentary surprise and confusion, which
so sudden, and extraordinary an attack, must
have produced, and which it appears to have
produced on the other gentlemen who were
present when it happened.
On 30th January last, ten officers of the regiment
dined together at the mess, which was
held in the room where the Court now sits:
Ensign and Assistant-Surgeon Nicoll was in
the chair, and I sat on his right hand. After
dinner, about six o'clock, while we were at table,
and a great deal of conversation was going
on in high good humour, Mr Nimmo burst into
the room. I did not immediately perceive Mr
Nimmo, who was in coloured cloaths; and besides,
the candles were so placed, as to prevent
my seeing him so soon as I might otherwise have
done. Hearing Mr Nimmo's voice, I looked
up, and saw him, on the other side of the table,
strike at Captain Orr several times with a horsewhip.
The surprise of every person present
was extreme; but it was impossible to interfere,
so as to prevent the blows, as the whole
was done in the space of a few seconds.
From the situation in which I sat at table, I
could not have interfered personally to prevent
the outrage, as I was at the most distant corner
from the door at which Mr Nimmo entered,
and on the opposite side of the table from
Captain Orr. While the scuffle lasted, it was
in vain to call out to Mr Nimmo; and it was
so quickly over, that there was no time to give
orders, or even to think of what orders to give.
I saw Captain Orr, on being attacked by Mr
Nimmo, lay hold of a rush-bottomed chair, and
endeavour to defend himself from the blows
with it; but he immediately set it down, and
ran towards me, calling to me as if for my interference.
Whilst Captain Orr was coming towards
me, Mr Nimmo retired to the bottom of
the room; at the same instant I was ordering
Mr Nimmo to quit the room, upon which he
attempted to apologise for his intrusion, but,
without listening to him, I called to him again
in a loud and stern voice, to be gone, saying,
Leave the room, Sir; begone, Sir; away, Sir; or
making use of such short expressions; upon
which he bowed to the company, and retired.
The whole time that he remained in the room,
did not, as I should suppose, exceed a minute or
a minute and a half. When he was gone, it
was evident that the company had been extremely
shocked by what had passed; for instead
of the high spirits and mirth that had
prevailed before Mr Nimmo made his appearance,
there was a total silence, all of the gentlemen
seeming to feel as I did, very deeply on
the occasion; and they soon after separated, at
an earlier hour than usual.
I conceive, that in ordering Mr Nimmo to
quit the room, in the manner I did, that I shewed
my decided disapprobation of his conduct,
and that I did every thing that was incumbent
on me, in the circumstances of the case.
I hope that a very short consideration of the
subject will satisfy the Court, that I did not
improperly delay to interfere, and that I could
have done nothing more effectual than I did; to
resist the outrage committed by Mr Nimmo.
It is completely established, that Mr Nimmo's
continuance in the room, from the time that
he burst in unexpectedly until he retired, did
not exceed the space of two minutes. But it
cannot be supposed, that on such an occasion
any gentleman would measure the time by his
watch. I have already stated, that, according
to my computation, Mr Nimmo's stay could
not have exceeded a minute or a minute and a
half. But, at all events, it is indisputable, that,
from the extreme shortness of the time of Mr
Nimmo's stay, sworn to by the witnesses, every
circumstance that happened before the outrage,
while it lasted, and after it was over, must have
passed with the utmost rapidity.
Notwithstanding this, some of the witnesses
have given an opinion, that I did not interfere
so soon as I might have done. None has said,
that I could have interfered with effect, so as
to prevent the blows, or that I could have interfered
in any way but by speaking or calling
out to Mr Nimmo to desist or to leave the
room. But some of the witnesses seem to think,
that I might have attempted to prevent or stop
the outrage, by speaking sooner than I did. It
is necessary that the Court should attend very
minutely to the circumstances of the fact upon
which that opinion is founded.
It seems to be proved, that during almost
one half of Mr Nimmo's stay in the room, Captain
Orr having gone behind me, I was interfering
by calling to, or ordering Mr Nimmo to
quit the room; and the blame that seems imputed
to me is, that I did not interfere during the
first minute of Mr Nimmo's stay in the room.
It is admitted, that I did interfere afterwards,
and that I was the only person in the company
who did so.
But if the history of that first minute of Mr
Nimmo's stay in the room is duly considered,
I hope that I shall not be blamed, for having
done nothing with effect, in that space of time.
It should be recollected, that in sitting with my
brother officers, enjoying their conversation after
dinner, without the least suspicion of any
unpleasant interruption, I was naturally to the
same degree off my guard, as every man must
be in that situation. I did not perceive Mr
Nimmo come into the room. I was attending to
a conversation, from which my attention was
with difficulty diverted. Mr Nimmo's conduct
was so extraordinary, and so unexpected by
me, that it was some instants before I could believe
my senses. Certainly, before it was possible
for me to recover from the astonishment
and confusion into which I was thrown, by
what I saw and heard, the scuffle ended, and
Captain Orr came running to me. I then called
out to Mr Nimmo, in a most peremptory
tone, to leave the room.
That I could not have personally interfered,
and that I could not have prevented the blows,
is clearly proved, though, in the opinion of
some, I might have spoke sooner. But though
there was no physical impossibility of speaking
sooner, yet, considering that I did not observe
Mr Nimmo at first, and could hardly be aware
of his design, till the blows were given, (when
I could not have spoke with any effect,) I hope
it will be thought, that, although I might have
spoke sooner, yet that I was not to blame for
not having spoken sooner. Before I was fully
aware of the extraordinary scene before me, it
was over, and Mr Nimmo was retiring to the
door, apologising to the company for his conduct.
If I had been forewarned, that Mr Nimmo
intended to pay such a visit to the mess, I
should have been ready to start up the moment
I heard his voice, or saw him, because I should
have been on my guard; but being so entirely
unaware as I was, that the quiet of the mess
was to be disturbed in a manner so extraordinary,
I humbly think, that an allowance of a
few seconds for recollection should be given
me. It is due to human imperfection. I am
apt to suspect, that if Mr Nimmo had in the
same manner attacked my dearest friend, I
should have been prevented, by momentary confusion,
from acting in any other way than I
did. I may even affirm, that no man, in an
hour of complete relaxation, can in an instant
recover a tone of mind to enable him to decide
and act in any difficulty.
I cannot pretend to say, with absolute precision,
what passed in my mind, during the few
seconds or half minute, which some of the witnesses
seem to think afforded me an opportunity
of interfering sooner than I did. But I may
be permitted to remark, without meaning the
smallest reflection on other gentlemen, that if
I had been seated next to Captain Orr, I would
have interfered instantly upon the threatened
attack, to prevent it to the utmost of my power.
It is not unlikely, that some expectation that
other gentlemen who were nearer to Captain
Orr would give him that assistance which I
could not give him, prevented me during these
few seconds from interfering.
To those who witnessed the scuffle, it would
not readily have occurred, that my calling out
to Mr Nimmo from the place where I was,
could have stopt or interrupted him. One of
the witnesses swears, that nothing but personal
strength could have done so; that no words
could have had any effect on him at the time.
If indeed there were any room from the facts
to suppose, that I wished to encourage Mr Nimmo,
or that I did not heartily feel disgust at
such an outrage, or that I was lukewarm in my
endeavours to prevent it, there might be room
for casting blame upon me in the transaction.
But I hope the Court will be satisfied, that no
such imputations can justly fall upon me, and
that I acted to the best of my power, as an officer
who conceived it to be his duty, and whose
wish it was, to put a stop to so disgraceful a
scene.
I have only to add, that I sincerely regret,
that his Royal Highness the Commander in
Chief, should have conceived, that it was in
my power to have prevented the outrage from
taking place; at same time, I cannot but feel
highly gratified, that by ordering this Court--
Martial, his Royal Highness has afforded me an
opportunity of removing any unfavourable impression
this most singular transaction may
have made upon him, in regard to myself, or the
officers present. It is above forty-six years
since I entered his Majesty's service as an officer;
and until this occurrence, I trust that the
smallest blame was never attached to me.
(Signed) THOs. CLARKSON MONCRIEFF,
Major, 1st or Berwick-shire Regt.
MAJOR CLARKSON MONCRIEFF called the following
Witnesses in his Defence.
Captain ORR, 1st witness for Major MONCRIEFF.
Major C. Moncrieff. — Was you in coloured
cloaths in the mess-room the day the outrage
was committed?
Answer. — I was.
Major C. Moncrieff. — State to the Court how
that happened.
Answer. — I happened to walk to Edinburgh,
either after breakfast, or after the morning parade,
I am not sure if I was at the morning parade,
and walked back to dinner, and of course
had very little time to change my cloaths.
Major C. Moncrieff. — Did not Major Moncrieff,
as commanding officer of the regiment,
apply for, and obtain to you, six weeks leave of
absence, from the 1st of February, to go to
London, which you did?
Answer. — Yes.
Major C. Moncrieff. — On that day on which
the outrage was committed in the mess by Mr
Nimmo, had not you Major Moncrieff's leave
to go to Edinburgh, to arrange some matters
about going to London?
Answer. — I had.
Major C. Moncrieff. — Did not you accordingly
go to these places, and was you restricted
to return any other time that day than what was
convenient for yourself?
Answer. — I do not recollect being restricted
at all.
Major C. Moncrieff. — During the time the
Berwickshire regiment of militia were quartered
here, prior and at the time the outrage took
place, were there sentries stationed, at the mess--
room door, and field-officers room?
Answer. — There were no sentries at the mess--
room door; but I am not sure if there was a
sentry at the field-officers door or not.
Major C. Moncrieff. — What was the nearest
guard to the mess-room?
Answer. — The opposite side of the barrack--
yard, about fifty yards off.
Major C. Moncrieff. — It being the 30th of
January when that outrage was committed, do
you not think that the guard would be sitting
in the guard-room round a comfortable fire?
Answer. — I think they would all be in the
guard-room except the sentries.
Major C. Moncrieff. — Were there any personal
difference between you and Mr Nimmo before
he left the regiment?
Answer. — Mr Nimmo insulted me, which I
reported to Colonel Lord Hume, and that it was
on that account that Mr Nimmo was displaced
from the regiment.
Major C. Moncrieff. — Had you any apprehension
that Mr Nimmo intended to insult you,
after his being displaced from the regiment?
Answer. — I apprehended he would insult me,
when his being displaced was notified to him;
but after he left the barracks next morning, I
thought he would go away quietly.
Major C. Moncrieff. — In the interval between
the time when Mr Nimmo was displaced, and
the time when he made the attack upon you,
had you any apprehension that he was to insult
you?
Answer. — I believed, that if he met me any
where he would insult me.
Major C. Moncrieff. — Had you any apprehension
that he would come to the barracks to insult
you?
Answer. — For a few days I had; but after he
allowed about two months to elapse, I gave up
all apprehension of it.
Major C. Moncrieff. — Had you any reason to
believe, that I had any apprehension that Mr
Nimmo would come back to the barracks to
insult you?
Answer. — I certainly had.
Major C. Moncrieff. — State to the Court your
reasons for thinking so.
Answer. — My reason was shortly this: From
Major Moncrieff's intimacy with Mr Lourey,
who has since been displaced from the regiment
and Mr Lourey's correspondence with Mr
Nimmo, at least I believe he had such a correspondence:
and from Mr Lourey having the
charge of Mr Nimmo's baggage for several
months after Mr Nimmo was displaced from the
regiment.
Major C. Moncrieff. — Can you state no more
particular reasons for the belief you have now
mentioned to the Court?
Answer. — I had also another reason; there
was another officer who had a great deal of intimacy
with Mr Lourey and Major Moncrieff.
Major C. Moncrieff. — Have you any other
reason than what you have stated, for supposing
that I apprehended that Mr Nimmo would come
and insult you in the barracks?
Answer. — I have not.
Major C. Moncrieff — Describe Mr Nimmo's
person, his size, age, and temper.
Answer. — He was nearly six feet tall, pretty
stout, very active; I suppose he was about
twenty years of age; and in his temper, I think
he was quarrelsome and vitious.
Court. — When you went to Edinburgh on
30th January, was it your intention to return
to dinner; and if so, did you mention it to any
person?
Answer. — It certainly was my intention, but
I do not recollect mentioning it to any person.
Major C. Moncrieff. — You said you reported
to Colonel the Earl of Hume Mr Nimmo's insult
to you: Did not you first report it to me,
as commanding officer of the regiment, and apply
to me to put Mr Nimmo under arrest,
which I immediately did?
Answer. — Certainly; and you put him under
arrest accordingly.
Captain BELL, 2d Witness called by Major
MONCRIEFF.
Major C. Moncrieff: — Do you remember on
the night of the outrage, before Mr Nimmo
entered, if we were not all sitting round the
table, pleasantly and in good humour, and in
conversation with each other?
Answer. — I think we were.
Major C. Moncrieff. — After Mr Nimmo left
the room, did the company recover their former
mirth and spirits?
Answer. — No, I don't think we did.
Major C. Moncrieff. — Did the company appear
shocked with the outrage after Mr Nimmo
left the room, and did they remain in silence
for some time?
Answer. — I was so much surprised myself,
that I did not pay particular attention to the
looks of the gentlemen; and I believe there
was very little said for some time.
Major C. Moncrieff. — State to the Court Mr
Nimmo's person, temper, and age.
Answer. — He was a tall, thin lad, I suppose
about five feet eleven inches, handsome and
well made; about twenty years of age; and of
a violent and hot temper.
Court. — On what terms of intimacy were
Major Moncrieff and Captain Orr, previous to
the outrage happening?
Answer. — I believe they were not remarkably
intimate: I believe there was rather a dryness
between them.
Court. — On what terms of intimacy were
Major Moncrieff and Mr Nimmo before he left
the regiment?
Answer. — I believe they were on very good
terms.
Court. — On what terms were you with Major
Moncrieff at that time?
Answer. — On very good terms.
Court. — On what terms were you and Captain
Orr?
Answer. — On very good terms.
Court. — Do you know if there was any intercourse
between Major Moncrieff and Mr
Nimmo, after Mr Nimmo left the regiment?
Answer. — I don't know.
Lieutenant RULE, 3d Witness called by
Major Moncrieff.
Major C. Moncrieff. — Previous to the outrage
being committed, and at that time, were
there sentries at the mess-room door, and at
Lord Hume's door?
Answer — There were no sentries at the mess--
room door: I cannot charge my memory with
regard to Lord Hume's door.
Major C. Moncrieff. — Was you at times acting
as adjutant, when the adjutant was out of the
way?
Answer. — I was.
Court. — On what terms of intimacy were
Major Moncrieff and Captain Orr, previous to
the outrage being committed?
Answer. — I neither saw any particular intimacy,
nor any particular coolness between
them; and I saw them at times conversing together.
Court. — On what terms of intimacy were
Major Moncrieff and Mr Nimmo, before Mr
Nimmo left the regiment?
Answer. — I conceived there was a particular
intimacy between Major Moncrieff and Mr
Nimmo.
Court. — Do you know if there were any intercourse
between Major Moncrieff and Mr
Nimmo, after Mr Nimmo left the regiment?
Answer. — I know of none.
Major Clarkson Moncrieff here closed his
defence. Major Moncrieff stated, that as it
had been proved, that be was intimate, and on
good terms with Mr Nimmo, he wished that it
should appear in the proceedings, that Mr Nimmo
had been recommended to him by Major
Irving, a Captain in the regiment, who was
Mr Nimmo's relation. At his desire, Major
Moncrieff procured Mr Nimmo's commission,
and undertook to watch particularly over his
conduct. This necessarily occasioned the appearance
of intimacy. Major Moncrieff could
easily prove these circumstances, though at present
the evidence of them is not at hand.
The Court-room was then cleared; upon being
opened again,
Lieut. MONTGOMERY was called by the Court.
Court. — Do you know if there was any intercourse
between Major Moncrieff and Mr
Nimmo, after Mr Nimmo left the regiment?
Answer. — No, I do not.
Court. — Do you know, or have you reason
to think, that Major Moncrieff knew of Mr
Nimmo's being in the neighbourhood about the
time the outrage was committed?
Answer. — No.
Court. — Did you acquaint any person with
your knowledge of Mr Nimmo's being in the
neighbourhood?
Answer. — No; I do not recollect that I did.
Court. — Did you see Mr Nimmo about that
time, previous to his coming into the mess--
room and committing the outrage?
Answer. — I do not choose to answer that
question.
Lieut. LEITCH called by the Court.
Court. — Do you know upon what terms of
intimacy Major Moncrieff was with Captain
Orr, previous to the outrage?
Answer. — I always thought they were not
on the best footing.
Court. — On what terms were you with Major
Moncrieff and Captain Orr?
Answer. — I was on very good terms with
them both.
Major C. Moncrieff: — Did you not see, that
when Captain Orr and I met, or were together,
either in the mess-room, or any where else, we
conversed together?
Answer. — Yes; I have seen them join in
conversation in the mess-room, and out of it;
but I still thought there was a dryness between
them.
Captain ORR called by the Court.
Court. — Previous to the outrage being committed
in the mess-room, on what terms of intimacy
were you with Major Moncrieff?
Answer. — I was on very good terms with
him, I understood.
GENERAL ORDER.
Adjutant-General's Office,
Edinburgh, 28th October 1807.
THE letter, of which the following is a
copy, has been received from His Royal Highness
the Commander in Chief, addressed to
Lieutenant-General Campbell, commanding his
Majesty's forces in North Britain, dated Horse
Guards, 22d October 1807.
'SIR,
HAVING laid before the King the proceedings
of a General Court-Martial, held at Mussleburgh-Barracks,
on 24th September 1807,
and continued by adjournments to the 26th of
the same month, for the trial of Major Thomas
Clarkson Moncrieff, of the 1st, or Berwickshire
Regiment of Militia, who was arraigned upon
the under-mentioned charge, viz. "For not re"sisting
immediately, and endeavouring as far
"as in his power to prevent, the outrage com"mitted
in the mess-room on the 30th January
"1807; whereby a gross insult was offered,
"not only to the Major, but to every officer
"present; contrary to his duty as an officer
"then commanding the regiment, and contra"ry
to good order and military discipline."
Upon which charge the Court came to the
following decision:
"THE Court having maturely deliberated on
"the evidence, both in support of the prosecu"tion
and defence, and whole proceedings, is
"of opinion, That it was not in the power of
"the prisoner, Major Clarkson Moncrieff, to
"have prevented or resisted the beginning of
"the outrage committed in the mess-room on
"the 30th January 1807, namely, Mr Nimmo
"bursting into the room, and making use of a"busive
language to one of the members of
"the mess; but the Court is of opinion, that
"he did not by any means take the earliest op"portunity
of resisting the outrage, and that
"he did not do the utmost in his power to pre"vent
the continuance of it.
"It not being proved, however, to the Court,
"that his not doing so proceeded from any
"want of inclination, on his part, to prevent
"the insult offered to himself, and the other
"officers present, but may have proceeded from
"his surprise and agitation at the time: The
"Court, therefore, in virtue of the power and
"authority vested in it by the Articles of War,
"does only sentence him to be severely repri"manded,
in such manner as the Commander
"of the forces in North Britain shall be plea"sed
to direct."
'I am to acquaint you, that His Majesty was
pleased to approve of the opinion of the Court,
and to command that the sentence should be
carried into effect.
(Signed) FREDERICK,
Commander in Chief.
It is Lieutenant-General Campbell's order,
That the foregoing letter from His Royal Highness
the Commander in Chief, containing His
Majesty's approbation of the sentence of the
General Court-Martial, held on Major Thomas
Clarkson Moncrieff, of the 1st, or Berwickshire
Regiment of Militia, shall be read, and the sentence
put in execution, by the Colonel, or Officer
commanding the Berwickshire regiment of
militia, in presence of the officers.
(Signed) ALEX. MACKAY,
Dep. Adjt. Genl.
Cite this Document
APA Style:
Proceedings of the General Court Martial. 2024. In The Corpus of Modern Scottish Writing. Glasgow: University of Glasgow. Retrieved 19 April 2024, from http://www.scottishcorpus.ac.uk/cmsw/document/?documentid=13.
MLA Style:
"Proceedings of the General Court Martial." The Corpus of Modern Scottish Writing. Glasgow: University of Glasgow, 2024. Web. 19 April 2024. http://www.scottishcorpus.ac.uk/cmsw/document/?documentid=13.
Chicago Style
The Corpus of Modern Scottish Writing, s.v., "Proceedings of the General Court Martial," accessed 19 April 2024, http://www.scottishcorpus.ac.uk/cmsw/document/?documentid=13.
If your style guide prefers a single bibliography entry for this resource, we recommend:
The Corpus of Modern Scottish Writing. 2024. Glasgow: University of Glasgow. http://www.scottishcorpus.ac.uk/cmsw/.
Proceedings of the General Court Martial
Document Information
| Document ID | 13 |
| Title | Proceedings of the General Court Martial |
| Year group | 1800-1850 |
| Genre | Administrative prose |
| Year of publication | 1806 |
| Wordcount | 10183 |
Author information: Mackay, Alexander
| Author ID | 242 |
| Forenames | Alexander |
| Surname | Mackay |
| Gender | Male |
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