turely weighed and considered the evidence for and
against the prisoner, together with what he has urged in his defence,
is of opinion that he is guilty of both the charges preferred against
him, which being in breach of the Articles of War, it does sentence
him, Lieutenant John Shipp, of his Majesty's 87th regiment, to be
discharged his Majesty's service.
"Approved and confirmed,
(Signed) "EDWARD PAGET,
"_General, Commander-in-Chief_."
Attached to the sentence was the following recommendation of the
court:--
"The court having performed a painful but imperative duty, in
finding the prisoner guilty, beg respectfully, though earnestly, to
recommend him to the clemency of his excellency the
commander-in-chief. In presuming to express a wish that mercy may be
extended to the present case, the court are impressed with a hope
that the gallantry so frequently displayed by the prisoner, the
numerous wounds he has received, and the high and apparently merited
character which he has hitherto borne, will appear to his excellency
sufficient grounds for the court's thus warmly interesting
themselves in the prisoner's fate, and urging with anxious
solicitude the present recommendation.
"Before closing their proceedings, the court deem it a justice due
to Lieutenant-Colonel Browne, to express their opinion that his
conduct, as far as it has come before them, has been honourable to
himself and indulgent towards the prisoner."
_Remarks by the Commander-in-Chief._
"Lieutenant Shipp has thus, by his persevering resistance to the
advice of his late most respected commanding-officer, of the general
of his division, and of the commander-in-chief, brought upon himself
the heavy penalty of the forfeiture of his commission. Although
these are circumstances calculated greatly to aggravate the offences
of this officer, still the commander-in-chief is willing to hope
that, in yielding, as far as he feels it is consistent with his
duty, to the earnest intercession of the court, he runs no risk of
shaking the foundations of discipline and subordination. The
sentence of the court is accordingly remitted; but as, under all the
circumstances of the case, the commander-in-chief deems
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