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- [BarbadosCumberbatchSettlers.FTW]
WILL (Source Ernest M. Wiltshire): Will proved 7 April 1814
"My wife Ann the dau of the late Tho. Kemp, M.P. for Lewes, Co.Sussex, all my estate and sole Ex'trix, she paying to each of my bros& sister 100 gns.
Capt. Dragoon Guards ; died in L (London) 7 Dec. 1813; at 42. (248,Bridport) (Brandow J.C. Genealogies of Barbados Families)
1st King's Dragoon Guards. 1804
On the 12th November 1804 a General Court Martial commenced for the trial of Lt Colonel John Elliott, on three charges preffered against him by Captain Abraham Cumberbatch Sober, also of the King's Dragoon Guards. The trial continued by adjournements until the 21st November by virtue of a special warrant signed by the King. George III, directed by the Judge Advocate General, the Rt Hon Sir Charles Morgan Bart. It was held at the Castle Tavern, Brightelmstone (Now Brighton) with Major General Lennox as President, 14 Officers as members, and Deputy Judge Advocate James Charles Michell.
The three charges brought against Elliott by Sobers were as follows:
1st: For disobedience of General Orders concerning the sale of Cast (no longer fit for service) horses, dated January 7th 1802 in not causing such horses to be sold by Public Auction in several instances.
viz: At Bristol on the 12th March 1803: At Exeter 4th November 1803: At Chichester June 20th 1804: which last is in disobedience of Brigade Orders issued by Major General Hugonin dated June 13th 1804.
2nd: For carrying on an improper Traffic with the Bat (Baggage) and Cast horses between the dates of November 4th 1803 and 9th September 1804, highly disgraceful to the situation he holds in the regiment and thereby defrauding the Government.
3rd: For making requisitions and receiving Coals and Candles as a Barrack allowance, during the period the King's Dragoon Guards were quartered in Arundel Barracks whilst he lodged in the town of Arundel and not in the Barracks between the 1st April 1804 and September 6th 1804: Contrary to an express order on tha head.
On the morning of Wednesday 21st November the Opinion and Sentence of the Court was read out:
1st Charge: Not guilty of causing horses to be sold by public auction at Bristol. Guilty of causing two Cast horses to be sold at Exeter: Guilty of not causing seven Cast horses to be sold at Chichester which was also in disobedience of Brigade Orders
2nd Charge: Guilty
3rd Charge: Guilty but the court was acknowledged that Elliott was unaware of the order until it was transmitted to him and that he had volunarily refunded the Coals and Candles previous to the knowledge that the charge was to be brought against him.
''Although deeply impressed with the many honourable Testimonies and to the good Character of the said Lt Colonel John Elliott and the length of his military service, yet, regarding the charges of which they have found him Guilty, as a breach of the Articles of War, do with great regret, feel it is their duty to adjudge and do hereby adjudge the said Lt Colonel John Elliott to be dismissed form His Majesty's Service''.
The King subsequently approved the opinion of the Court Martial and confirmed the sentence
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1771 - 1813 (42 years)