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THREE:

THREE:Meanwhile Brigadier Wild occupied a position of great difficulty at Peshawur. He had four native infantry regiments, containing a large number of young soldiers, whom the mutinous Sikhs had impressed with a great horror of the Khyber Pass. The only cavalry he had was a troop of irregular horse, and the only guns, four pieces of Sikh artillery. Besides, the owners of the camels, which had been hired at Ferozepore to proceed as far as Jelalabad, refused to advance farther than Peshawur. It was in these circumstances that Sale and M'Gregor earnestly urged the advance of the brigade for the relief of that place. The fortress of Ali Musjid, regarded as the key to the Khyber Pass, is situated about[498] twenty-five miles from Peshawur: and as it lay between the two positions of Sale and Wild, it was of the utmost importance that it should be occupied. It was accordingly resolved that one-half of Wild's brigade should be dispatched for this service. On the 15th of January Colonel Moseley, with the 53rd and 64th Sepoy Regiments, started under cover of the night, and reached their destination early in the morning. The fortress was about five miles up the Pass. Soon after they had taken up their position they discovered to their dismay that owing to some mistake, instead of 350 supply bullocks, which had been ordered, only fifty or sixty had arrived. Here, then, were two regiments shut up in an isolated fortress without provisions. Day after day passed and no succour came. Wild made an effort to send forward supplies, but the attempt was a disastrous failure. The Sikh auxiliaries mutinied to a man, and refused to enter the Pass. There being no prospect of relief, Colonel Moseley determined to evacuate the fortress. Captain Burt and Captain Thomas offered to remain and keep possession of so important a position, if only 150 men would volunteer for the service. But none were found willing to undertake the perilous duty, and so Ali Musjid was abandoned and suffered to fall into the hands of the Afreedis. The brigade had some fighting on its way back. Some of its officers were killed, some wounded and sick were abandoned, and some baggage was lost.

THREE:

THREE:Another action was brought by Stockdale; the printers were directed to plead the privilege of the House. The Court gave judgment against the plea, and damages were afterwards assessed, which the House of Commons ordered the Messrs. Hansard to pay. On the 31st of July those gentlemen again communicated to the House that similar legal proceedings were threatened by Mr. Polac, on account of alleged defamatory matter in a Parliamentary Report on the state of New Zealand. The House of Commons passed another resolution, reaffirming its privilege, and directing Hansard not to take any defence to the threatened action, which, however, was not proceeded with. But Stockdale, on the 26th of August, 1839, commenced a third action for the publication of the report, which continued to be sold. The printers then served him with formal notice of the resolutions of the House and of their intention not to plead. Stockdale, notwithstanding, on the 26th of October filed a declaration in the said action, wherein the damages were laid at ￡50,000; and on the 1st of November interlocutory judgment was signed for want of a plea. On the 2nd of November notice was served that a writ of inquiry of damages would be executed before the Sheriff of Middlesex on the 12th of the same month. The writ of inquiry was accordingly executed, when the sheriff's jury assessed the damages at ￡600; the consequence of which was that the sheriff took possession of the printing-office, premises, and stock-in-trade of the printers of the House of Commons. But he was placed in a dilemma with regard to the sale, which was ultimately prevented by the amount of damages being paid into the sheriff's office on the night previous. On the 16th of January following, Lord John Russell presented a petition from the Messrs. Hansard, which recited the facts of the case, and prayed for such relief as, in the circumstances, the House might think fit. The course which Lord John recommended was, that the persons who had violated the privileges of the House should be summoned to their bar. He therefore moved that Stockdale, with Burton Howard, his attorney, William Evans, the sheriff, the under-sheriff, and the deputy-under-sheriff, be summoned to the bar of the House. There was a long discussion on the legality of the course to be pursued. The motion was carried by a majority of 119. On the 17th of January, therefore, Stockdale was called to the bar, and interrogated by the Attorney-General as to the facts of the different actions. The House then resolved that Stockdale should be committed to the custody of the Serjeant-at-Arms. It was also resolved that the sheriffs should be called to the bar. They were accordingly brought in by the Serjeant-at-Arms, dressed in their scarlet robes. On the 21st of January they petitioned the House, expressing their sorrow for having incurred its displeasure, and stated that they believed that they had only done their duty towards their Sovereign and the Queen's Bench, whose sworn officers they were. They prayed, therefore, that they might not be amerced or imprisoned. Lord John Russell moved that the sheriffs, having been guilty of a breach of the privileges of the House, should be committed to the custody of the Serjeant-at-Arms, which was carried by a majority of 101. The same course was adopted with regard to Mr. Howard, the attorney, who was called in and reprimanded by the Speaker.

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