I had now no other course left, so I sent in my charges without further delay, and, in a few days more, the general order for the court-martial appeared, to assemble at Cawnpore on a given day. That day soon arrived, and the court-martial assembled accordingly, Colonel Scott, C.B., of the 9th Lancers, being the president. As a matter of duty, I was obliged to appear as prosecutor, and the court being duly sworn and the prisoners arraigned, I was called forward. I commenced my address to the court by lamenting my present most painful and distressing duty, and yet my comparative satisfaction in being able to say that my previous intimacy and friendship with the prisoners, especially with Lieutenant Mowatt, must prove to the court, to them, and to the world that I was in no way influenced by any unkind or vindictive feeling: on the contrary, that I sincerely sympathized with them, and with the distress of every officer of the regiment on this trying occasion. I then spoke much of the high character and reputation of the regiment, the constant and great unanimity and brotherly friendship of its officers, and the absence for thirty-nine years of any such occurrence; and concluded with an ardent hope that the present would be the first and last occasion of its kind. I then called in succession the officers who were present and witnessed the various matters stated in the charges, and the prisoners having offered nothing in their defence beyond calling on me and several of the other senior officers to speak of their previous character and conduct, the proceedings here closed, and the court was cleared to deliberate on its finding and sentence.
The proceedings were forwarded in the usual manner for the consideration of the Commander-in-Chief, General Lord Gough. I remained very anxious, for the evidence was so clear that I could not but anticipate the result, and I was especially sorry and concerned for my little friend and protégé, Lieutenant Mowatt. At last the General Orders promulgating the finding and sentence of the court arrived. Both were found guilty. Lieutenant Mowatt was sentenced to be severely reprimanded, and Assistant-Surgeon Bourke to be cashiered. These sentences were approved and confirmed by the Commander-in-Chief, but in consideration of the high character and renown of the 50th Regiment, his Excellency the Commander-in-Chief was pleased to remit both sentences and to order these officers to return to their duties. This was most gratifying to us all, for we considered this the highest compliment that could be paid to the regiment, and next we rejoiced to find our friend Mowatt (who was a general favourite) again back in safety and honour amongst us; but Dr. Bourke was not much liked at any time, and now, from his pusillanimous conduct, less than ever. Fortunately for him, his seniority in the service led to his promotion at home to be surgeon of another regiment before anything of this court-martial was known in England, and so he left us for ever soon after.