MILITARY (Contd.)
Lieutenant MacDonald, who commanded this picquet, unfortunately exceeded his orders and exposed himself to a civil action by entering the house of a man named Robinson, whom he made a prisoner on suspicion of having been engaged in the fray of the previous night, and ultimately took him to the barracks where Robinson alleged he was maltreated by the soldiers.
Lieutenant MacDonald stated, in extenuation of his conduct that he merely took Robinson into custody for the purpose of ascertaining whether he was actually one of the delinquents who had beaten the soldiers the night before, and that he knew nothing of the alleged assault upon him in the barracks.
On an action being instituted against him in the Supreme Court, Lieutenant MacDonald's plea was held to be insufficient justification of his conduct, and the plaintiff obtained $50 damages and costs against him. Lieutenant MacDonald, considering himself aggrieved by this decision, which he fancied was at variance with the Mutiny Act, took no steps for settling the Court's decree, and consequently a writ was issued against him for the amount.
It would appear that at the establishment of the Supreme Court, the Sheriff, Major Caine, selected a steady and intelligent soldier attached to the Police Force to act as bailiff, it being almost impossible at the time to obtain a suitable person unconnected with the service.
On February 13 a writ of arrest against Lieutenant MacDonald was delivered to this bailiff, who proceeded to put it into execution. Although the Sheriff's officer was in plain clothes, Lieutenant MacDonald knew him to be a soldier, and unfortunately, losing sight altogether of the man's civil character, ordered a military guard to take him into custody, for what he, Lieutenant MacDonald deemed disrespectful conduct. The result of this proceeding was an application from the civil authorities to the Major-General Commanding for Lieutenant MacDonald's person; and that officer was accordingly delivered over to the Sheriff in the evening of February 20; but, an arrangement having been made for his release, he was liberated next morning.
The following day, Lieutenant MacDonald wrote an insulting note to the Sheriff, Major Caine, which was understood afterwards to cover an offer to fight Major Caine in a duel. In consequence of this conduct, Lieutenant MacDonald was arraigned before a Court-Martial, on Thursday February 27, for conduct unbecoming the character of an officer and a gentleman in (1) sending a most insulting note to Major Caine, the Sheriff of the Colony, on February 22, seeking thereby to found a personal quarrel with Major Caine upon circumstances of a public nature and wholly connected with the execution of his official duty, and (2) in having sent such a note in the face of the General order of the previous day, in which he, Lieutenant MacDonald, had been severely animadverted upon for an unwarrantable resistance to the Civil Authorities, and also in direct opposition to the warning of Captain John Bruce, Assistant Adjutant General, who distinctly advised him of the dangerous and inevitable consequences that would attend such a proceeding.
On March 4, the Court adjudged Lieutenant MacDonald to be cashiered, but recommended him to merciful consideration as it was probable he had acted under the influence of unrestrainable excitement. After various references from the General Commanding to the Court-Martial, and vice versa, Lieutenant MacDonald's sentence was commuted to severe reprimand and reduction to the bottom of the list of Lieutenants of his Regiment. For delivering the message to Major Caine, Captain Jeffery of the 98th Regiment was afterwards severely reprimanded by the General. In his minute upon the subject, Major General D'Aguilar concluded as follows:
MILITARY (Contd.)
LITARI
Lieutenant MacDonald, who commanded this picquet, unfortunately exceeded his orders and exposed himself to a civil action by entering the house of a man named Robinson, whom he made a prisoner on suspicion of having been engaged in the fray of the previous night, and ultimately took him to the barracks where Robinson alleged he was maltreated by the soldiers.
Lieutenant MacDonal stated, in extenuation of his conduct that he merely took Robinson into custody for the purpose of ascertaining whether he was actually one of the delinquents who had beaten the soldiers the night before, and that he knew nothing of the alleged assault upon him in the barracks.
On an action being instituted against him in the Supreme Court, Lieutenant MacDonald's plea was held to be in sufficient justification of his conduct, and the plaintiff obtained $50. damages and costs against him. Lieutenant MacDonald, considering himself aggrieved by this decision, which he fancied was at variance with the Mutiny Act, took no steps for settling the Court's decree, and consequently a writ was issued against. him for the amount.
It would appear that at the establishment of the Supreme Court, the Sheriff, Major Caine, selected a steady and intelligant soldier attached to the Police Force to act as bailiff, it being almost impossible at the time to obtain a suitable person unconnected with the service.
On February 13 a writ of arrest against Lieutenant MacDonald was delivered to this bailiff, who proceeded to put it into execution. Although the Sheriff's officer was in plain clothes, Lieutenant MacDonald knew him to be a soldier, and unfortunately, losing sight altogether of the man's civil character, ordered a military guard to take him into custody, for what he, Lieutenant MacDonald deemed disrespectful conduct. The result of this proceeding was an application from the vivil authorities to the Major-General Commanding for Lieutenant MacDonald's person; and that officer was accordingly delivered over to the Sheriff in the evening of February 20; but, an arrangement having been made for his release, he was liberated next morning.
The following day, Lieutenant MacDonald wrote an insulting note to the Sheriff, Major Caine, which was understood afterwards to cover an offer to fight Major Caine in a duel. In consequence of this conduct, Lieutenant MacDonald was arraigned before a Court-Martial, on Thursday February 27, for conduct unbecoming the character of an officer and a gentleman in (1) sending a most insulting note to Major Caine, the Sheriff of the Colony, on February 22, seeking thereby to found a personal quarrel with Major Caine upon circumstances of a public nature and wholly connected with the execution of his official duty, and ́(2) in having sent such a note in the face of the General order of the previous day, in which he,' Lieutenant MacDonald, had been sererely animadverted upon for an unwarrantable resistance to the Civil Authorities, and also in direct opposition to the warning of Captain Joh Bruce, Assistant Adjutant General, who distinctly advised him of the dangerous and inevitable consequences that would attend such a proceeding.
On March 4, the Court adjudged Lieutenant MacDonald to be cashiered, but recommended him to merciful consideration as it was probaħle he had acted under the influence of unrestrainable excitement. After various references from the General Commanding to the Court-Martial, and vice versa, Lieutenant MacDonald's sentence was commuted to severe reprimand and reduction to the bottom of the list of Lieutenants of his Regiment. For delivering the message to Major Caine, Captain Jeffery of the 98th Regiment was afterwards severely reprimanded by the General. In his minute upon the subject, Major General D'Aguilar concluded as following:
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