The Express.
London, England, 1863-06-06 00:00:00

THE EXPRESS, SATURDAY EVENING, JUNE 6, 1863.

Mr. Barbour endeavoured by se r gest to corrupt Jame;
Beanister, a voter, by the offer of 301. and 60/. to induce
him to vote for that gentleman, and that several of the
voters at the bite election Irma forcibly delayed end guarded
by armed men in a room belonging to Mr. Barbour for
several days up to the election, and were there treated in
order to induce them to vote for Mr. Barbour.

regiment, without either of the three having been brought
to trial, or any formal charge having been preferred against
them, and asked whether the commanding officer,
under whose authority the ahoy° took place, was still
permitted to remain in command of the regiment.
_ _____ . • • • • • •

Mr. CONINGHAM said the memorandum which had
been issued by the Hens Guards had completely altered the
aspect of the case. The Horse Guards, by condoning the
conduct of Colonel Crawley on this occasion, had made it-
self reeponsible for his conduct ; and he sincerely hoped and
trusted that the weight of public indignation and the repro-
bation of this house would be expressed in clear and
measured terms with reference to the proceedings of his
royal highness the commander-in-chief in this matter.
The Marquis of HARTINGTCN said he would first
answer the question of the bon. member for Inverness. It
was true there had been some delay in proceeding with
the Ordnance survey of Scotland. The cultivated districts
were mostly completed. The cause of the delay was, that
the stall were partially withdrawn for • time to make •
military survey of certain districts of the coast of England.
In future the survey in Scotland would be made in the
summer months. He now came to the unfortunate occur-
rence to which the attention of the house had just been
called. It was not necessary, he thought, that he should go
back into the history of the 6th Dragoons' or of the charge
against tUptain Smile. Very shortly after the com-
mencement of the court-martial the president was informed
and the proceedings of the court-martial had been published
by some one who had been present in violation of the order
which forbade the publication of the evidence till after the
proceedings were completed, which rendered the order that
the witnesses should not be present of no avail. These
three sergeant-majors were brought before Colonel Crawley
and examined. That examination was an irregular one.
The result was that they were placed under arrest on •
charge of conspiracy against him. That arrest
was not a close arrest, but an ordinary arrest.
At the same time that be informed Major-General Farrel
he requested instructions as to bringing them to trial, and
also the sanction of General Farrel for placing them under
arrest, in order to prevent them from being tampered with.
On the 28th of April, General Farrel wrote to Sir W.
Mansfield, the commander-in-chief for the district, to refer
the question to him for hie decision, and at the same time
be informed him of Colonel Crawley's application as to
placing the men under arrest, adding that Colonel Crawley
had been verbally instructed that, pending the inquiry
before the commander-in-chief, the arrest should be close.
On the 6th of May, General Mansfield wrote back that,
after examining the evidence, he was of opinion
it would not support the charge of conspiracy—that
opinion being based upon the fact that the sergeant-majors
had not been duly warned previous to their examination.
General Mansfield, however, went on to say that their con-
duct had been most improper, and that whether Lilley
acted in • spirit of hostility towards Colonel Crawley or
cot, he had grossly derogated from his duty by participating
in what had taken place, and in allowing it to occur with-
out bringing it under the notice of his superior officer.
Coder the circumstances, therefore, he thought Utley was
totally unfit to occupy his position, and that he should be
displaced from hie rank as sergeant.major. He con-
cluded by raying that the sergeant-majors should
be kept under close arrest till after the trial of
Paymaster Smales. Shortly afterwards the court-martial
adjourned on account of the illness of Captain Steals', and
other reasons. The sergeant-majors were kept under close
arrest. Oa the 24th May Sergeant-Major Lilley was re-
ported sick, and on the 25th he died. On the 2nd of June
Sir W. Mansfield wrote to General Farrel, that he had
heard from the public papers that the confinement of these
sergeant-majors had not only been close, but that it had
been of such a nature as to have been absolutely penal,
and that during that confinement Sergeant-Mejor
had died ; that when he issued directions on the 6th of May
he was under the impression that the court-martial would
be terminated about the time at which those directions would
reach Mhow, and that consequently the sergeant-majors
would have at once been liberated. He said also that on the
adjournment of the court-martial General Farrel should
either have acted on his own responeibility and released
the sergeant-majors, or that he should have made another
reference to him, which might have been done by telegraph.
Sir W. Mansfield enclosed with this letter • memorandum,
which he directed to be read to the troops at Mhow,
stating his extreme regret at the unfortunate circumstances
which had occurred, and explaining the reasons which had
induced him to order the sergeant-majors to be continued
wider close arrest. Those reasons were—first, that the
evidence produced showed that they had narrowly es-
caped, if they had escaped, the commission of • serious
crime, and that it was necessary in his judgment to protect
them from the temptation they would be wider to repeat
that crime--(oh, oh!)—secondly, that it was necessary that
they should be kept under close arrest, in order to prevent
parties to the court martial tampering with them, and con-
cocting the evidence they were to give • and thirdly, that
it was necessary that the charge which' had been brought
against them by Colonel Crawley should not be condoned
by the release of the prisoners till it appeared clear during
the progress of the court•martial whether any further evi-
dence could be produced upon which they could
be tried. These were the chief facts connected
with this moat important case, and they were
substantiated by the documents that were before
the War-office. (Hear, hear.) Upon this the
opinion of his right hon. and learned friend the Judge
Advente had been taken. It would not be in accordance
with precedent that that opinion should be laid upon the
table of the house ; but he believed that there was no objec-
tion to his stating its substance. Having bud the documents
laid before him, the right hon. gentleman was of opinion,
first, that there was no sufficient ground on which
the charge against the sergeant-majors could be
established ; secondly, that the moneyed arrest, as
sanctioned by General Farrel and Sr W. Mansfield, was
illegal—(cheers)—ad thirdly. that the reasons alleged in
the memorandum of Sir W. Mansfield were sot valid. It
was obvious from what he had gaited that some one had
been very much to blame—flood cheers)—but he submitted
to the hone that it was necessary for them to inquire how
the responsibility which had been incurred was distributed
amongst the officers concerned. Colonel Crawley, it was
perfectly clear, thought he had evidence to prove the charge
of conspiracy against the sergeant-majors. He placed them
under simple arrest, and immediately forwarded to the
general commanding his division the charge on which he
accused them • he desired his instructions with regard to
their trial, mid asked for his sanction for placing them
under arrest. General Farrel appeared to have been wrong
in ordering them to be put under close arrest ; and he was
probably wrong also in not at once perceiving that there was
no sufficient ground for the charge of consptracy and for
referring the matter at all to Sir W. Mansfield. Still
more was he wrong in obeying the letter and
not the spirit of the instructions which he received
from General Mansfield. Now the letter of General
Mansfield elated that the men should be kept under arrest
till the conclusion of the court-martial. Sir William him-
self considered, and he fairly might consider, that
when an entirely unforeseen occasion arose, such as the in-
definite adjournment of the court, General Farrel ought to
have taken that circumstance into consideration, and either
have acted on his responsibility or have referred again to his
superior. Sir W. Mansfield appeared to have been wrong
in his lepl views, that although the evidence would
not in his opinion support a charge of conspiracy,
it was expedient that the sergeant-majors should be
continued under arrest. Sir William appeared to have
acted under the impression that in ordering the continuance
of the arrest he was doing something in the nature of direct-
ing a remand, as was dose by police magistrates in order to
enable additional evidence to be produced against • prisoner.
He (the noble marquis) freely admitted that Sir W. Mans-
field was quite wrong, but that appeared to be the extent
to which he was in error. Having divided to this extent
the responsibility, they had next to consider

what could possibly be done by the authorities
at home. Colonel Crawley wee oovered by the
sanction of his superior officer ; and it would be per-
fectly useless to attempt to try him by court-martial. To
the same extent he supposed also that he would
not he be liable to be tried, as had been suggested, for
manslaughter. General Farrel also appeared to be techni-
cally covered by the authority of his superior officer. The
cooduct of these officers, and the illegality which they
bad primed, was a subject which it wu en-
tirely within the power of the Commander•in-Chief,
in conjunction with the Secretary of State, to
bring under their notice and the notice of the army,
in such terms of reprimand and reprehension as might seem '
to be advisable. But he (the noble marquis) would call the
attention of the house to the fact that it wee incumbent
upon his royal highness to act with the greatest care and
caution in ilesding with an officer of the distinguished ser-
vices of Sir W. Mansfield. There were very few officers in
the army that bad more distinguished themselves, or that
bad done better service to the country than Sir
William. (Cheers.) if he wee right in the view
which he had tried to place before the hues,
it wee quit. evident that Sir William Mansfield had acted
in this affair under a misapprehension that be was in no way
mixed up with the miserable siusbbles and the petty
jealousies which had distracted the 6th Dragoons, and that
he had acted, though wrongly, for what he supposed to be
beet for the ietereste of the discipline of the army. He (the
noble marquis) submitted that under those circumstances it
was the duty of his royal highness to deal with the cue not
only with the greatest care and caution. but also with the
greatest moderation and leniency. (Hear, bear.) As it
certainly did appear that the confinement of these
officers, and more especially their close confinement,
vas distinctly and decidedly illegal, as it alto
appeared that the death of Sergeant-Major Lilley was very
probably to be traced to that confinement, and as a claim
upon the government had been made by his surviving rela-
tives, who were is poor circumstances, and had been en.
ti rely supported by him, it appeared proper that some repa-
ration should be made to them ; the goverument, therefore,
proposed, with the sanction of the hones, to make such a
grant to the relatives of Sergeant-Major Lilley as would be
about equal to the pension to which he would be entitled
had he received his discharge. (Hear, hear.) These
were the main points of this case, .upon which
no farther light could be thrown. There were,
however, some collateral circumstances which had been
mentioned by the hoe. member, and into which it was se-
curry that a further inquiry should still be made. The
bow member ia his speech had said that there was no
doubt whatever upon the facts which he alleged, His (the
noble marquis's) statement had entirely coincided, so fares
it had gone, withthat of the hon. member; but there was a
direct discrepancy between the statement of Colonel
Crawley in his address to the coast-martial, ad the cir.
enanstenose which had been subsequently stated by
the adjutant of the regiment, Lieutanaet Fitasymous.
'ilia hod only bet been brought Won the

Maid of the Secretary of State. Lieutenant Fitasymons
entirely denied the allegation that it was the adjutant who
ordered the arrest. That was a point that bore very strongly
upon the charseter of Colonel Crawley ; and when Colonel
Crawley affirmed one way and Lieutenant Fitraymons
affirmed exactly the contrary, it was impossible for any one
at home to come to any decwion on the matter till it bad
been investigated on the spot. There would therefore be
an inquiry into the conduct of Colonel Crawley on this
charge, and also into the circumstances connected with the
withdrawal of • letter from Lieutenant Fitzsymons. His
royal highness had oondemoed in very strong terms the
conduct of Colonel Crawley, chiefly with respect
to the internal government of the regiment, which
was not affected by the cue now before the house.
It was quite evident that Colonel Crawley, whatever they
might think of his conduct, could not be punished, except
upon the collateral point which was under consideration.
It would have been • great deal more satisfactory to him
(the noble marquis), and no doubt it would have been •
greet deal more satisfactory to the house, if be could have
banded over to them some one victim who might have
atoned for the sufferings of Sergeant-Major Lille) and his
comrades. He could not produce that victim, end hie only
coasolation was that he had stated without reserve the facts
of this most painful case so far as they were before the
government. He was sure that the house would agree with
him that not even the horror which the tragedy of Ser-
geant-Major Lilley had inspired, not even the disgust which
had been caused by the spectacle of mismanagement, and
the military scandal which had bees revealed in this cue,
would make them wish for one moment to depart from the
strictest rules of justice. (Cheers.)
Mr. Alderman SIDNEY characterised the explanation of
the Under Secretary as apologeticsl and unsatisfactory. He
did not see why Colonel Crawley should be continued in
command of the 6th Dragoons simply because he enjoyed
the confidence of General Mansfield, who himself was im-
plicated in the charge.
Colonel BARTTELOT bad hoped to hear the noble mar-
quis completely exonerate Sir Wm. Mansfield, General Far-
rell, and Colonel Crawley, for their conduct in this matter.
He called upon the house not to ()oedema Colonel Crawley
in his absence and unheard, for he was willing and anxious
to meet the charge in every particular. His retention in the
command of the regiment was both just and right.
Mr. Serjeant morr said that blame certainly rested
somewhere, and if not with Colonel Crawley he should like
to know where.

Captain ARCHDALL, u an old Enniekilliner, hoped the
result of the inquiry would be to restore the high character
which that distinguished regiment had so long enjoyed, and
that whoever was the guilty party would receive the punish-
ment he deserved.

The house then went into committee of supply on the
civil service estimates, and
Mr. LINDSAY moved to strike out the vote of 80,0001.
for Alderney harbour of refuge, on the ground that the
works were wholly obeli= and a source of danger rather
than of security to shipping.
Some discussion followed, in the course of which Sir J.
ELPHINSTONE remarked that, although a million of
money had been expended on Alderney, nothing but the
formation of a perilous shoal was the result.
Upon •division the vote was agreed to by 76 to 62.
Some other votes were also agreed to, and the house
resumed.
_ _

Theisarman Isbuith Bill pulsed through committee.
THE INLAND REVENUE BILL.
This bill, is amended, was considered and agreed to.
SUPPLY—REPORT.

This report was brought up, read, and the resolutions
agreed to.
PUBLIC WORKS MANUFACTURING DISTRICTS).
Mr. VILLIERS obtained leave to bring in a bill to facili-
tate the execution of public works in certain manufacturing
districts, and to authorise for the purpose advances of public
money to a limited amount upon security of load rates.
CHARITABLE USES (CONVEYANCE OF LAND).
The SOLICITOR-GENERAL moved for leave to bring
in a bill to further amend the law relating to the conveyance
of land for charitable uses. . .

Mr. HENNES.4Y moped that the house be counted.

There not being 40 members present, the house adjourned
at half Teat 2 o'clock.

POLICE INTELLIGENCE.

THAMES.

Mr. Middleton, who Midlll7llnd been in business 33 years
as a watchmaker, coal merchant, and earthenware dealer, in
the Commercial-road, Stepney, and who was for several
years a member of the meaty of Mile-end Old Town, came
before Mr. Woolrych to complain of the conduct of a man
named Birch, his next door neighbour, who had published a
libel concerning him which was likely to do him conside-
rable injury.
Mr. Middleton said he was now an auctioneer, and carried
on a legitimate business. There were frequent sales in
his auction-room, and his next door neighbour bad pub-
lished a large placard with the following words in large
red letters upon it,—" Notice to the public ; beware of
mock auctions." There was also an engraving of a man's
band with the index finger pointing towards the sale room,
so that no one passing along the road could mistake its
meaning.
Mr. Woolrycb said if the libel was false and scandalous,
and liable to lower Mr. Middleton in the estimation of the
public, an action could be maintained in one of the superior
courts at Westminster for damages.
Mr. Middleton-1 have already sustained considerable
loss and inconvenience by the publication of this foul and
malicious libel _ .

Mr. Woolrycb—Then bring your action.
Mr. Middleton—l am afraid if my neighbour continuos
this there will be a serious breach of the peace.
Mr. Woolrych—Then I shall have jurisdiction.
Mr. Middleton—l want a summons against him.
Mr. Woolrych could not grant a summons. The remedy
was by action.
Mr. Middleton said if his neighbour exhibited any more
libellous placards respecting him and his business he should
adopt a very summary remedy with him.