Wanderings in India, and Other Sketches of Life in Hindostan

"I mean," said the Senior Captain, "that they – "

"Not so quick, please," said the Deputy-Judge-Advocate-General. "You mean that? – Yes – I am quite ready."

"I mean," said the witness, "that though they had both been partaking freely of wine, they were not – "

"Freely of wine – don't be in a hurry," said the Deputy-Judge-Advocate-General, repeating each word that he took down.

"Mind, he says 'Freely,'" said Blade. "'Freely of wine.' The word 'freely' is important – very important. Have you got down the word freely?"

"Yes," said the Deputy-Judge-Advocate-General, having put down his pen to ascertain the fact, and make it known to his interrogator.

"Very well," said Blade. "Then put the rest of the answer down, at your earliest convenience. I am in no particular hurry."

"Well?" said the Deputy-Judge-Advocate-General to the witness – "they were not – not what?"

"Not drunk," said the witness.

"There is nothing about drunkenness in the charges," said the President; "where are the charges?"

"Here, sir," said the Deputy-Judge-Advocate-General. "But, please let me write down your remark before we go any further."

"What remark?" inquired the President.

"That there is nothing about drunkenness in the charges. According to the last general order by his Excellency the Commander-in-Chief, on the last court martial held in this station, everything that transpires should be recorded." And the Deputy-Judge-Advocate-General then resumed his writing in the slowest and most provoking manner imaginable. Several of the audience walked out of the Court, and went into the room where the refreshments were. I followed them. We remained absent for more than ten minutes; but, when we came back, the Deputy-Judge-Advocate-General had not yet written up to the desired point, previous to going on with Blade's question. This at length accomplished, he looked at the President and said, "Yes, sir?"

"There is nothing about drunkenness, and the prisoners are not charged with it," said the President. "The words, 'while in a state of intoxication,' are to all intents and purposes surplusage."

"There I differ with you, sir," said the Deputy-Judge-Advocate-General.

"So do I," said Blade.

"Clear the Court!" cried the President; whereupon the audience, the prisoners, the witnesses – in fact, all save the members of the Court and the Deputy-Judge-Advocate-General, withdrew, whilst a discussion, which lasted for three-quarters of an hour was carried on, every member giving his opinion, and most of them speaking at the same time.

When we returned to the Court, after three-quarters of an hour's absence, the Senior Captain resumed his seat near the Deputy-Judge-Advocate-General. We were not informed of what had taken place. A pause of several minutes ensued, when Blade threw across the table another little slip on which was written a long sentence. The Deputy-Judge-Advocate-General handed it to the President, who, on reading it, looked a good deal astonished, and shook his head, whereupon Blade, who was evidently bent on mischief, called out, "We are all of that opinion at this end of the table."

The President then handed Blade's written question to the officer who sat next to him on his right, and that officer passed it on to the next, the next to the next, and so on till it had been seen by every member of the Court. Some signified by a nod, some by a shake of the head, others by a shrug of the shoulders, what they thought about it; and as there seemed to be a difference of opinion, the Court was again cleared in order that the vote for or against might be taken. So once more we were driven into the mess-room to refresh ourselves and laugh over the absurdity of the whole proceeding. After waiting there for about five-and-thirty minutes, the Adjutant announced, in a loud voice, "The Court is open!" and we returned to hear the President say that, as it was now nearly four o'clock, the Court must be adjourned – another absurdity in connexion with courts martial. After four o'clock, the Court must not sit, even if twenty minutes in excess of that hour would end the proceedings, and render another meeting unnecessary.

The Deputy-Judge-Advocate-General then locked up his papers in a box, placed it under his arm, bowed to the Court, walked off, called for his buggy, and drove home. The members of the Court, the prisoners, and the audience then dispersed, and retired to their respective bungalows; all very tired, and very glad of some repose. My friend, on taking off his coat, asked me to feel the weight of it, out of curiosity. Saturated as it was, it must, including the epaulettes, have weighed some five-and-twenty pounds.

The next day at eleven the Court again met. The first thing that was done was to read the proceedings of the previous day. This duty was performed by the Deputy-Judge-Advocate-General, and, slowly as he read, it was over in twelve minutes, for I timed him. That is to say, it had taken four hours and a half to get through the real business of twelve minutes, or, giving a very liberal margin, the business of half-an-hour.

And now another very curious feature of an Indian court martial presented itself. The President asked the Deputy-Judge-Advocate-General if he had furnished the prisoners with a copy of the past day's proceedings. The Deputy-Judge-Advocate-General said: —

"No; the prisoners had not asked for a copy."

The President said: —

"That does not signify. Did you tender them a copy?"

"No, sir."

"Then you ought to have done so."

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."

"I know of another case," said another member of the court, and he proceeded to detail the particulars. When he had finished, another member told of another case; and so this desultory narration of individual experiences went on for one hour and a half – the Deputy-Judge-Advocate, with his tongue protruding, writing away as methodically as possible. What he was writing I do not know; but I fancy he was taking down the "heads" of the various cases that were quoted, in order that his Excellency the Commander-in-Chief might have the satisfaction of examining them. I was told afterwards that we, the audience, and the prisoners, ought not to have been allowed to remain in court during this narration of cases, and the anecdotes which the narrators wove into them; but I need scarcely say I was very glad that our presence had been overlooked; for if I had not seen and heard what took place, I should not certainly have believed, and therefore should not have dreamt of describing, it. It was during this conversation that Blade won back from his adversary, at odd and even, the greater portion of the money he had lost on the previous day; nor that either Blade or his adversary failed to take a part in the conversation, for both of them would now and then ejaculate "What an extraordinary case!" "Did you ever!" "No, never!" "It seems impossible!" "Cashiered him?" "Shameful!" "Who could have been the chairman of the Court of Directors?" "A Dissenter, I'll be bound!"

"Well, sir," said the Deputy-Judge-Advocate-General to the President, when he had finished his writing, "what shall we do? Shall we adjourn the Court until a copy of yesterday's proceedings is made, and given to the prisoners?"

"No doubt," said the President; "that is the only way in which the error can be repaired. But a copy must be delivered to each of them."

"But had we better not take the opinion of the Court on the subject?" suggested the Deputy-Judge-Advocate-General.

"By all means," conceded the President; "but in that case, the Court must be cleared, while the votes are taken."

"Clear the Court!" cried the Adjutant; and out we all marched again, into the mess-room, where more cheroots were smoked, and more weak brandy-and-water imbibed.

The third day came, and the Court re-assembled. The Deputy-Judge-Advocate-General read over the entire proceedings, beginning from the very beginning, the swearing of the members, up to the adjournment of the Court, and the reasons for such adjournment. Here another discussion or conversation ensued, as to whether it was necessary to read more than the last day's proceedings. The Deputy-Judge-Advocate-General said he was quite right. The President thought otherwise. All the other members of the Court spoke on the subject, many of them at the same time. Blade and his adversary also gave their opinions, the former for, and the latter opposed to the view taken by the President. As this was a point that must be cleared up, insomuch as the decision that might be come to would regulate the future proceedings in this respect, the Court was again "cleared," and we again marched into the room where the refreshments were to be had. In half-an-hour's time we were re-admitted. But it was not until the following day (for members are not allowed, in short, they are bound by oath not to divulge what may be decided when the doors are closed), that we learnt the Deputy-Judge-Advocate-General had carried his point, and that a sort of parody of that old nursery story, about "the fire began to burn the stick, the stick began to beat the dog, the dog began to bite the pig," was the proper way to open the proceedings of each day during a protracted trial by general court-martial!

So curiously is human nature constituted, that I, in common with the rest of the audience, began, after the fifth day, to like the business, and to watch its various twistings and turnings with great interest. The mess-house, at which the Court was held, became a favourite lounge for almost everybody in the station; and it was curious to hear the bets that were made with reference to the probable "finding," and the sentence. The trial lasted over thirteen days, inclusive of two Sundays which intervened; and the proceedings were then forwarded to Simlah, where they remained for a fortnight awaiting the decision of the Commander-in-Chief, who, in fulfilment of Blade's prophecy, certainly did put forth "a snorter of a General Order," and as full as it could be of italics, capitals, and notes of exclamation and interrogation. His Excellency "walked into" the President, and recommended him to study some catechism of the Law of Courts Martial, such a book as children might understand. His Excellency further remarked that the Senior Captain (the principal witness), or any man wearing a sword, ought to be ashamed of admitting that he was unable to define the various stages of intoxication; and that he was astounded to find that the Court in general should have paid so little attention to the admirable reasoning, on this point, of a junior member whose intelligence appeared to have enlisted no sympathy. (This had reference to Blade.) His Excellency went on to say, that he had never himself been drunk in the whole course of his long life, and to that fact he attributed his position; that if the Court had done its duty it would have cashiered the prisoners; that a "severe reprimand which the Court awarded was a mockery which stunk in the nostrils," and that the prisoners were to be released from arrest and return to their duty without receiving it. But the Chief did not end here. He went on to say, that he would maintain the discipline of the British army in the East, in all ranks, or else he would know the reason why. And being, I fancy, in some difficulty as to what to use, in the case (whether marks of admiration or interrogation), he emphasized the last word of this culminating and very relevant sentence thus: —

It was a matter of grave doubt whether the determination, thus expressed, to uphold discipline in the army, was in any way assisted by such general orders as those fired off from the pen of the ardent Commander-in-Chief; the more especially as such general orders were copied into the newspapers, and were read by (or listened to while others were reading aloud,) every non-commissioned officer and private in Upper India, Native and European. Three weeks after the promulgation of the general order just alluded to, a trooper in the dragoons having been talked to seriously by the captain of the troop, for some irregular conduct, thus unburthened himself: —

"You! What do I care for what YOU say? You are one of those infernal fools whom the Commander-in-Chief pitched into the other day for BEING a fool." And as the peroration of this speech consisted of the dashing off of the speaker's cap, and hurling it into the captain's face, the man was tried, convicted, and sentenced to be transported for life.

If it be inquired by the reader whether the above description of a Court Martial in India is a fair specimen of what usually transpires at these tribunals, I reply, emphatically, "Yes;" and I make the assertion after having watched the proceedings of no fewer than eighteen Courts Martial during my sojourn in the East Indies.

Four officers who had obtained six months' leave of absence, and who had rented between them a furnished house at Simlah, were about to proceed there. I was tempted to accompany them. We left Umballah at sunset in palkees, and at seven o'clock on the following morning arrived at the foot of the hills, at a place called Kalka, where there is an hotel. Having breakfasted, we commenced the ascent on ponyback, and in the course of an hour and a half arrived at Kussowlie, where a regiment of her Majesty's Foot was quartered. Here we rested for a brief while, and then pursued our journey. Strange to say, although the climate is superb, and the scenery grand beyond description, the men (so I was told) preferred the plains, regarding them – to use their own words – "less like a prison than the hills." From Kussowlie we pushed on to Sirée, which is about half way between Simlah and Kalka. Here there is a bungalow, at which we dined on the everlasting "grilled fowl," hard-boiled eggs, and unleavened bread. Some friends at Simlah, who had been written to previously, had sent five horses to meet us; so that, when we resumed our journey, we were mounted on fresh cattle. All along the road the scenery is extremely picturesque and beautiful; but, in point of grandeur, it does not, in my opinion, equal that of the Alps.

It was nearly dark when we arrived at our destination and entered the house, where we found everything ready for our reception; the servants had been sent on a day or two in advance of us.

It is a long and fatiguing ride, forty miles in the sun, albeit there is generally a light breeze to modify the heat; and we were all disposed to retire to rest. But we were unable to do so. The gentlemen who had sent the horses to meet us, as soon as they were informed of our arrival, came to see us, and, what was more, to take us to a subscription ball, which was to take place that night at the Assembly Rooms. It was useless to plead weariness. We were compelled to go.

The society of Simlah, though composed of the same elements, differs very much from the society of Mussoorie. The presence of the Commander-in-Chief, or the Governor-General, and sometimes both (as was the case when I was at Simlah), imposes a restraint on the visitors to this sanitarium. The younger men are less disposed to run riot, and incur the risk of having their leave cancelled, and themselves sent down to the plains. A ball, therefore, at Simlah differs from a ball at Mussoorie. It is so much more sedate. More than one half of those who prefer Simlah to Mussoorie, do so in the hope of prepossessing one or other of the Great Authorities, by being brought into contact with them, and thus obtain staff employ or promotion; and very amusing is it to look on at a public entertainment and witness the feelings of jealousy and of envy that swell the breasts of the various candidates for notice and favour. Nor are the little artifices that are resorted to unworthy of observation and a smile. At this ball there was a lady, the wife of a civilian (a sad fool), who had a great facility in taking likenesses, and she had drawn the Governor-General in every possible attitude, both on foot and on horseback. These clever and admirably-executed sketches were laid upon a table in the ball-room, and excited very general admiration; and it was very soon "buzzed about" who was the artist. The wife of another civilian, however, maliciously neutralized the effect these sketches would probably have had, by falsely saying, loud enough for his Lordship to hear, "Ah! she said she would do the trick with her pencil!" The consequence was, that when the lady's husband begged his Lordship would accept this collection of portraits, as well as a few sketches of the house inhabited by the Great Man, his Lordship, – as delicately and as gracefully as the circumstances would admit of, – "declined them with many thanks;" just as though they had been so many unsuitable contributions to some popular periodical. The wife of a military officer, however, was rather more fortunate. She, too, had a great talent for drawing, and had taken an excellent likeness in water colours of the Commander-in-Chief's favourite charger – the charger that had carried the old Chief through his battles; and as the lady begged that the Chief would accept the picture, he did so, and the next Gazette made known that Captain Cloughcough was a Major of Brigade. By the way, this was an excellent appointment, for the office required no sort of ability, and Cloughcough had none; he was, moreover, a most disagreeable person in his regiment, and constantly quarrelling with his brother officers, who were delighted to get rid of him. To chronicle all the seductive little arts which were resorted to on that night, to effect a desired end, would half fill a volume. But I cannot omit the following: it struck me as so extremely ingenious. There was a lady, the wife of a young civilian, who had two very pretty little children – a boy and a girl. Of these children, the Governor-General took great notice, and, whenever he saw their mother, made inquiries touching "the little pets," as he was won't to speak of them. On the night of that ball, his Lordship did so. The lady replied that they were quite well; but that the doctor had said their return to the plains would be fatal to them, and that they must be sent to England.

"Then you had better take the doctor's advice," said the Governor-General.

"But, alas! my Lord," said the lady, "we have not the means. My husband's pay is only 700 rupees a month, and we are, unfortunately, very much in debt."

"That's a bad job," said my Lord.

"Yes," sighed the lady; "it is a very painful reflection – the idea of losing one's little dears. But what is to be done? I dread the coming of the 15th of October, when my husband's leave will expire, more than I dread my own death."

"Could you not remain up here with them through the winter?"

"And be absent from my husband, my Lord? Besides, two establishments on 700 rupees a month!"

"That is true."

"If we could send them to England under the care of some friend, we would do so, before the hot weather sets in. But we cannot afford it. Or if my husband had an appointment in some healthy station, out of the plains, then they might be spared to us. The thought of the beautiful roses on their cheeks just now leaving them, and their dear little faces becoming pale and sallow, and their little limbs shrinking till they are almost skeletons – it makes my very heart bleed!" (And the pretty and ingenious little lady took her kerchief, raised it to her eyes, and suppressed something like one of Mrs. Alfred Mellon's stage sobs, which went, straight as an arrow, to the Governor-General's sensitive heart.) "If," she continued, "my husband were a favourite with the Secretary; but he is not – for he is too independent to crave – then the case would be very different."

"The Secretary!" exclaimed the Governor-General, "what has he to do with it?"

(The lady had aroused his Lordship's sympathy, and now she had touched his pride, and inflamed his vanity.)

"I thought he had all to do with it, my Lord."

"You shall see that he has not," said the Governor-General. "Be comforted, my dear madam, and come to the refreshment room." His Lordship gave her his arm, and led her away from the couch on which they had been conversing.

This "children's dodge," as it was called, was eminently successful. The lady's husband was appointed superintendent of one of the most delightful hill stations in India, on a salary of 1200 rupees (120l.) per mensem.

The ball over, at half-past two in the morning we returned to our house, where I was disgusted to hear that a leopard had carried off out of the verandah a favourite dog of mine. It is no easy matter to keep a dog in Simlah, except in the house. The leopards are always on the look-out for them, and will often carry them off in your very sight, while you are riding or walking along the road.

The great business at Simlah, as at Mussoorie, is devising the means of amusement, or rather of varying the amusements so as to render them less irksome than they would otherwise become. Cards and billiards are the principal pastimes; and, now and then, pic-nic and excursion parties are got up; and, once or twice a month, private theatricals are resorted to. Invitations to dinner-parties and evening-parties are plentiful enough; but to men who go to Simlah without wives and families, and who don't intend to marry in the East, these reunions are a bore rather, after a brief while, and such men prefer dining under their own roofs. There was an hotel at Simlah, kept by a Frenchman, who provided a table d'hôte every day at seven o'clock. This used to be very well attended; for, generally speaking, better fare was to be got there than anywhere else. By the way, the host had once been an officer in the French army, and was rather a touchy man. On one occasion an officer complained of the character of some dish on the table, and was challenged to "fight with either sword or pistol." This challenge was declined; but the officer said he would have no objection to an encounter, provided the weapons were cold legs of mutton.