Life at Cawnpore—Quarrel between Mowatt and Burke—Court-martial.

IN spite of our disasters and losses, we enjoyed ourselves fairly well. Our commissariat was perfect. In fine weather, with the wind fair, it was a novel and imposing sight to watch our large fleet under all sail with our gay flags flying. The men’s barracks were ready to receive the regiment, and as we had sent on our bearers some days before to select quarters, we all found comfortable houses ready for us on our arrival. The barracks were on a rising open ground near the river. We were allowed lodging money according to rank, which was more than sufficient for the field officers to have each a large and comfortable bungalow, with many rooms, baths, and stables, and the others had similar accommodation by two or three of them joining and living together. There was also a most liberal money allowance for our mess house. The district was commanded by Major-General Gray, and the station by Major-General Sir Joseph Thackwell, and Captain Tudor of our regiment was A.D.C. to the former. We found the 11th and 31st Regiments of Bengal Native Infantry, and several batteries of European Bengal Artillery and the 5th Bengal Native Cavalry in garrison on our arrival. The 9th Lancers joined us soon after. Nothing very remarkable occurred during the first twelve months of our residence at Cawnpore. We had frequent social gatherings at our respective messes, and our two generals entertained us repeatedly. In January, 1843, Colonel Woodhouse received the local rank of major-general and was appointed to command at Meerut, and I succeeded again to the command of the 50th Regiment.

An unfortunate quarrel took place at Cawnpore between two of our officers, Lieutenant Mowatt and Assistant-Surgeon Bourke, and a general court-martial was unavoidable, the first which was known on an officer of our regiment for thirty-nine years. They were playing billiards after dinner and differed, or rather quarrelled, when some very offensive language was used by both, but more especially by Bourke. A challenge to fight a duel followed from Mowatt, and Bourke declined to fight except with swords. The seconds objected to this, and insisted on pistols as the customary weapon with Englishmen, but Bourke remained obstinate, and would only fight with swords. Next morning they went out and met at an appointed place, the seconds, or rather Bourke’s friend, being provided with both pistols and swords. Here again Bourke insisted on his right to choose his own arms. After a good deal of talk, without any effect on Bourke’s decision, Mowatt said, “Well, sir, then here is at you, with swords,” taking up one and putting himself in a posture of defence at the same moment. Bourke then declined to fight at all! clearly showing he never intended doing so, and that he named swords in the hope of avoiding altogether a hostile meeting. They then returned to their quarters and communicated all that happened to Captain Wilton, the senior officer present when the quarrel took place, who at once put them both under arrest and reported the whole of this most discreditable affair to me as the commanding officer. Until then I knew nothing whatever of it.

After due consideration I was satisfied that nothing less than their removal from the regiment or a general court-martial could take place, and I was unwilling for the honour of the regiment to have recourse to the latter expedient. I therefore determined to report the whole affair to Major-General Sir Joseph Thackwell, commanding the garrison, and afterwards, if necessary, to Major-General Gray, commanding the district, and to procure leave of absence for them both for the express purpose of exchanging at once to some other regiments; and in making this request to both these general officers I founded my request on the high character of the regiment and my unwillingness to stain our reputation by a general court-martial, and told them that for thirty-nine years the 50th Regiment had not had one officer brought to trial. Sir Joseph Thackwell heard me most kindly and fully entered into my feelings and wishes, and recommended me at once to see General Gray on the subject; and that officer in like manner agreed to my request, but stated that in making my application to Major-General Sir Harry Smith, the Adjutant-General of the Army, for their leave of absence, I must state the whole of the circumstances, and my unwillingness to tarnish the high reputation of my regiment by recourse to a general court-martial. To this I agreed, and made my application to the adjutant-general accordingly (my old comrade, Sir Harry Smith), which was forwarded and recommended in due course by Generals Thackwell and Gray. But by return of post I received rather a severe letter from Sir Harry Smith, informing me that if the officers named were not fit to serve in the 50th Regiment they were not fit to serve in any other, and ordering me at once to prefer written charges against them, with a view to their being immediately brought before a general court-martial.

I had now no other course left, so I sent in my charges without further delay, and, in a few days more, the general order for the court-martial appeared, to assemble at Cawnpore on a given day. That day soon arrived, and the court-martial assembled accordingly, Colonel Scott, C.B., of the 9th Lancers, being the president. As a matter of duty, I was obliged to appear as prosecutor, and the court being duly sworn and the prisoners arraigned, I was called forward. I commenced my address to the court by lamenting my present most painful and distressing duty, and yet my comparative satisfaction in being able to say that my previous intimacy and friendship with the prisoners, especially with Lieutenant Mowatt, must prove to the court, to them, and to the world that I was in no way influenced by any unkind or vindictive feeling: on the contrary, that I sincerely sympathized with them, and with the distress of every officer of the regiment on this trying occasion. I then spoke much of the high character and reputation of the regiment, the constant and great unanimity and brotherly friendship of its officers, and the absence for thirty-nine years of any such occurrence; and concluded with an ardent hope that the present would be the first and last occasion of its kind. I then called in succession the officers who were present and witnessed the various matters stated in the charges, and the prisoners having offered nothing in their defence beyond calling on me and several of the other senior officers to speak of their previous character and conduct, the proceedings here closed, and the court was cleared to deliberate on its finding and sentence.

The proceedings were forwarded in the usual manner for the consideration of the Commander-in-Chief, General Lord Gough. I remained very anxious, for the evidence was so clear that I could not but anticipate the result, and I was especially sorry and concerned for my little friend and protÉgÉ, Lieutenant Mowatt. At last the General Orders promulgating the finding and sentence of the court arrived. Both were found guilty. Lieutenant Mowatt was sentenced to be severely reprimanded, and Assistant-Surgeon Bourke to be cashiered. These sentences were approved and confirmed by the Commander-in-Chief, but in consideration of the high character and renown of the 50th Regiment, his Excellency the Commander-in-Chief was pleased to remit both sentences and to order these officers to return to their duties. This was most gratifying to us all, for we considered this the highest compliment that could be paid to the regiment, and next we rejoiced to find our friend Mowatt (who was a general favourite) again back in safety and honour amongst us; but Dr. Bourke was not much liked at any time, and now, from his pusillanimous conduct, less than ever. Fortunately for him, his seniority in the service led to his promotion at home to be surgeon of another regiment before anything of this court-martial was known in England, and so he left us for ever soon after.