The prisoners here said that they did not want a copy.
The President's answer to this innocent remark was, that whatever they had to say they must reserve till they were called upon for their defence.
Desirous of not provoking the animosity of the President, they bowed, and very respectfully thanked him for the suggestion. Whereupon the President, who was a terrible talker, and passionately fond of allusions to his own career in the army, mentioned a case within his own personal knowledge. It was a case that happened in Canada, and he had reason, he said, to remember it, because he was at the time on the staff of that distinguished officer, Sir James Kemp, and heard Sir James remark upon it. The Honourable Ernest Augustus Fitzblossom, a younger son of the Earl of Millflower, was tried for cheating at cards, was found guilty, and sentenced to be cashiered. This sentence was confirmed and approved by the General Commanding-in-Chief, and the Honourable Lieutenant went home. An appeal was made to the Horse Guards, and it came out that no copy of each day's proceedings had been tendered to the prisoner, and upon that ground the whole of the proceedings were declared by his Royal Highness the Duke of York to be null and void. He (the President) did not mean to offer any opinion on that case, but he merely quoted it, and being on Sir James's staff at the time, he had reason to remember, in order to show that such was the rule.
A Captain in the Bengal Cavalry said he knew of a case which occurred in this country (India) where the very reverse was held. The prisoner—a Lieutenant Burkett, of the Bengal Native Infantry—was tried for being drunk whilst on outpost duty. The trial lasted for seventeen days, for no less than thirty-eight witnesses—principally natives—were examined. The Lieutenant, at the close of the case for the prosecution, demanded a copy of the proceedings, in order to assist him in drawing up his defence. His demand was not complied with. He was convicted and dismissed the service. He appealed to the Commander-in-Chief, who ruled that a prisoner had no right whatever to a copy of the proceedings until after his conviction, and therefore he confirmed and approved the sentence, or rather, as he had done that already, he rejected the appeal.
"Did he appeal to the Horse Guards?" asked the President.
"No; he belonged to the Company's service."
"Well, did he appeal to the Directors? They might have restored him. They have just restored a man, Bagin, who was cashiered two years ago for gross fraud and falsehood in several instances."
"Yes, I know. Bagin was in my regiment. But Bagin has an uncle in the direction, besides a stepfather who would have had to support him and his family if his commission had not been restored to him. Burkett had no friends, and very lucky for him."
"How do you mean?"
"He entered the service of a native prince, and, being a steady fellow and a clever fellow, he made a fortune in the course of nine years, and is now living at home on his fifteen hundred a year."