1787-11-13 (static/transcriptions/1787/11/144.jpg)
[138]
Thomas was amenable to martial law, or could be justly and legally tried by any Court Martial; but contriving and maliciously intending to injure the said Francis Balladon Thomas, and to deprive him of his good name, credit and character, and to bring and expose him to great public disgrace and infamy, and to deprive him of his liberty, and to cause him to be detained in prison, and to be tried by a Court Martial, and against the free will and consent of the said Francis Balladon Thomas, to be discharged by the sentence of a Court Martial from the service of the said United Company; did, on the said 7th day of December, in the said year of our Lord, 1784, at Calcutta aforesaid, falsely, maliciously, and without any reasonable or probable cause, or just pretence whatsoever, cause to be written and presented to General Giles Stibbert, who then and there was Commander in Chief of all the troops and forces of Fort William, in Bengal aforesaid, a certain charge and accusation against him, the said Francis Balladon Thomas, by the name and description of Francis Balladon Thomas, Surgeon Major to the First Brigade, and late Surgeon to the Presidency at Lucknow; for that he, the said Francis Balladon Thomas, had been guilty of conduct and behaviour unbecoming the character of a gentleman, in having demanded from him, the said John Bristow, payment of a bill for medicines and professional attendance, whilst he, the said John Bristow was Resident at Lucknow; and the said John Bristow afterwards, to wit, the same day and year aforesaid, at Calcutta aforesaid, well knowing that the said Francis Balladon Thomas was not, by the laws and statutes of the Realm, or by any article or articles of war whatsoever, amenable to martial law, or liable to be lawfully arrested by any person or persons, or to be tried by any Court Martial whatsoever, for and on account of such charges and accusations as aforesaid; did, nevertheless cause and procure the said Francis Balladon Thomas to be arrested and imprisoned, by the said General Giles Stibbert, and to be kept and detained in prison for a long time, to wit, for the space of three months, and to be publicly tried by a Court Martial upon the said charge and accusation, and against the free will and consent of the said Francis Balladon Thomas, to be discharged by the sentence of that Court Martial from the service of the said United Company; Wheras, in truth and in fact, the said Fran-
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