The Prisoner having no further questions to put, nor the Court, the witness is directed to withdraw.

Prosecutor calls on Brevet-Major Addams, Royal Artillery, who being duly sworn, after having had the charge read to him, answers the following questions,

Q. to second Evidence. Who commanded the Royal Artillery stationed at Malta in August last?—A. I did.

Q. Did you visit Fort St. Angelo as commanding officer of the Royal Artillery any time during the month of August last? A. Yes.

the

Q. On what occasion ?-A. On the 9th I particularly visited it for purpose of firing salutes.

Q. What occurred on your arrival in that Fort on the day mentioned ? -A. On my arrival at Fort St. Angelo I sent an orderly gunner to Capt. Atchison to say that I had arrived in the Fort, and wished to see him. Capt. Atchison almost immediately came to me. I then asked him if he had received the orders that I directed Lieut. Somerville to send him, and if he could obey the orders he had received. He then immediately put into my hands a letter. The purport of the letter will speak for itself.

Q. What is become of that letter?-A. The letter was sent with the other papers to Sir John M'Leod, Deputy Adjutant-General of Artillery in England.

Q. Is this letter the original, or a copy.

On the letter being shewn to Witness, he answers,-It is the original. Here the letter was ordered to be read by the Officiating Judge Advocate, and to be inserted on the proceedings. (Marked No. III.)

SIR,

LETTER, No. III.

Fort Angelo, Aug. 9, 1823.

I have to acknowledge a letter received from Lieutenant and Acting Adjutant Somerville, desiring me to "proceed to Fort Angelo without 66 delay, and to apply to Lieut. Dawson for the letter forwarded to him, "requiring salutes to be fired on this day and to-morrow; and that I "am to give directions for these salutes being fired accordingly."

I proceeded agreeably to this order; and, receiving the instructions sent to Lieut. Dawson, found that salutes were to be fired, and the Castle bell was to be tolled during the processions on the eve, and on the anniversary of St. Lorenzo, the tutelar saint of Vittoriosa, at the periods therein stated.

It is with the greatest concern I state that I have found that I am

required to carry into effect part of the ceremonies of idolatrous acts of worship, which I consider those above mentioned to be.

As I deeply feel that if I take any part in these ceremonies, I should then be relinquishing my most conscientious principles as a Christian and a Protestant, I most earnestly beg that you will endeavour to have me exonerated from the execution of these orders.

On the letter being shewn to the Prisoner, he admits it to be his handwriting.

Q. Did the letter at the time you received it appear to be recently written?-A. Yes.

Q. State to the Court in what manner it appeared to you to be recently written?-A. The ink not being dry on the paper at the time.

Q. Did any conversation pass between you and Capt. Atchison on the receipt of this letter?-A. None, that I recollect.

Q. Who ordered the salute of the 9th of August to be fired?A. I did, in consequence of the letter I received from Capt. Atchison. Q. Had any directions to your knowledge been given for firing the aforesaid salutes prior to your giving the order?-A. None, that I heard of.

Q. To whom are orders given for firing salutes in Fort St. Angelo ?— A. First to the officer commanding the detachment there, and then it becomes his duty to carry them into effect.

Q. Must not all orders for salutes be given to the garrison gunner ?— A. They generally go through him to have the guns prepared.

Q. Can orders be given through any other channel for salutes at Fort St. Angelo?-A. It rests in the breast of the commanding officer to ap point whom he pleases to fire it, in my opinion.

Q. Can another person, without the garrison gunner, procure ammunition to fire salutes ?A. Certainly, by the authority of the commanding officer.

Q. Are not all stores for expenditure in the immediate charge of the garrison gunner at Fort St. Angelo?A. I consider the officer in charge as the responsible person.

Q. Who keeps a return of all expenditure of stores, ammunition, &c. in Fort St. Angelo, and in what manner?-A. The garrison gunner at

Fort St. Angelo keeps the return of the powder expended in that Fort, entered in a book kept for the purpose.

The Prosecutor has nothing further to put to witness.

Cross-examination.

Q. from Prisoner. Were you, previously to the 9th of August last, aware that I had any objection to firing church salutes ?—A. No: Capt. Atchison had fired the whole of those salutes for nearly nine months before.

Q. Do you not remember any conversation I had with you in your quarters in Strada Mezzodi, on this subject, two days before I received your order to fire the salutes on the 9th of August ?-A. I cannot recollect any conversation that occurred previous to the 9th.

Q. Have you no remembrance of my visit on the day in which I think you received Lieut. Dawson's first letter, requesting to be exonerated from firing the church salutes, or of telling me on that visit that you had received such a letter?—A. I have no recollection of any kind, and I think I spoke to no other person of the corps on the subject but Lieut. Somerville previous to the 9th.

Q. Have you a knowledge of the hour at which Lieut. Somerville's letter of the 9th of August was delivered to me in Fort St. Elmo?— A. About ten, or half past ten o'clock, I think it might be.

Q. Did I not come up to you when in the south gallery of Fort St. Elmo's officers' barracks immediately after Lieut. Somerville's letter was put in my hand, and had some conversation with you? Be so good as to state what that conversation was, if you recollect it.-A. There was some conversation on the subject: but I believe it was addressed more immediately to Lieut. Somerville than to myself. It was on the subject of salutes, but I cannot recollect the precise words.

Q. Was it not my known objection to the firing church salutes which led you to come over to Fort St. Angelo on the morning of the 9th of August?-A. To the best of my belief and recollection I never heard Capt. Atchison express a single syllable on the subject until he received the order directing him to go over. In consequence, after he had received the letter, and the conversation that had taken place in the gallery, before alluded to, I was induced to go over to Fort St. Angelo.

Q. What led you to send me word of your arrival in Fort St. Angelo ? -Doubtful from the words that had passed in the Gallery whether Capt. Atchison would fire the salute or not, led me to send for him to ascertain it.

Q. Were you not expecting to receive a letter from me?—A. No, certainly not.

Q. Did I not ask you when in the gallery to let me know where you were to be found, that the letter I intended to write you might be received, and considered before the hour for firing the salute arrived :— and did you not in consequence say you would be at your house to receive the letter?-A. I before stated that I do not recollect the precise words that took place in the gallery, and have no recollection of the latter part of the question.

Q. Did you express to me any disapprobation of my conduct on receiving the letter, or when we were returning together in a boat to Valetta, after the salutes had been fired?-A. After receiving the letter, I had no further conversation with Capt. Atchison of an official nature on the subject.

Q. Did you through your Adjutant, or in any other manner, convey to me any expression of disapprobation of my conduct on the 9th of August?-A. No: the whole of the circumstances were referred to Sir John M'Leod.

Q. Did you ever, between the 9th of August and the beginning of November convey to me any expression of the disapprobation of the Major-General commanding, for my alleged misconduct on the 9th of August?-A. I had no such orders from the Major-General commanding.

Q. Did you think I was actuated in what I did relative to these salutes by a spirit of insubordination; or was it from a strong feeling in me that the service to be performed was unlawful?-A. I should hope, from knowing Capt. Atchison, that he was not actuated by any spirit of insubordination.

Q. What are the salutes mentioned in the charge usually called? Here the Witness wishes to see the charge.

A. They are commonly called Maltese salutes.

Q. Are they not more commonly called church salutes?-A. They are commonly called Maltese, as they are applied for by the Catholic churches. Q. Mention what description of ordnance is used in firing these salutes? -A. A small gun termed a petard.

Q. Do you consider them constructed for military purposes ?—A. I have never seen them used before I came here; and in Malta only for the Maltese salutes.

Q. Did you ever see a military compliment fired with pattararoes?— A. No, it is not usual in the service.

The Prisoner has no further questions to put, nor the Court.

The witness is directed to withdraw.

Half past Three o'clock, P. M.

The Court adjourns till to-morrow at Ten o'clock A. M. (the 25th inst.)

Thursday, 25th March, 1824.

The Court meets, pursuant to adjournment, at Ten o'clock A. M.

Serjt. John M'Clelland of the Royal Artillery being called on the part of the Prosecution, the charge was read to him. He was duly sworn, and answers the following questions :

Q. Who was garrison gunner in Fort St. Angelo in August last?— A. I was.

Q. In whose immediate charge are all stores, ammunition, &c. in Fort St. Angelo?-A. I keep the keys of the stores and ammunition.

Q. Do you recollect any salutes being fired from Fort St. Angelo in August last?-A. Yes, on the 9th and 10th.

Q. Who gave you orders for firing the salute of the 9th of August last? -A. Major Addams.

Q. Did you receive any orders for that salute from any other officer prior to Major Addams giving you those orders?-A. No.

Q. At what hour was the salute ordered to be fired on the 9th of August?-A. At noon.

Q. At about what time of the day did you receive the orders for the salute of the 9th of August from Major Addams?-A. As near as I can recollect, it wanted about ten minutes to twelve o'clock.

Q. Did you receive any orders for salutes on the 10th of August last? -A. Yes, from Major Addams.

Q. Did you receive any orders for those salutes of the 10th of August from any other officer prior to Major Addams giving you those orders ?— A. No.

The Prosecutor has no further questions to put.

Cross-examination.

Q. From Prisoner. Did any person, not military, send you any message relative to the services to be performed according to the orders of the 9th and 10th of August, mentioned in the charge?-A. There was one of the inhabitants came to the Fort; and, as well as I could understand him, he said he was sent by the priests of the church we were firing the salute for, to let us know the time to commence the salute.

Q. State to the Court all that you did in consequence of that applica