The Express.
London, England, 1863-12-29 00:00:00

week.

THE CRAWLEY COURT-MARTIAL.

(From the Army ea Navy Oattetc.)

The grunt Aldershot court-marial has terminated
in the full and honourable acquittal of Colonel Crawley
upon both the issues which formed the groundwork of his
kin. The COWS Las said that Colossi Crawley did not
OMMO the orders for the close arrest to be carried out with
oaths and unnecessary severity, thereby inflicting great
aid (novena hardships on Lilley sad his wife, and it says
that he did not make a false statement in attributing the in-
esavenieuce that instil hare been suffered to Adjutant Fits-
atom We are not disposed to quarrel with this decision.
The great end grievous hardships alleged against him had
become much diminished from the proportions they assumed
when the first communications from India reached Beg-
land. Because Ooloon Crawley's offence was not so enor-
mous. it is held not to min at all by the public.
Colonel Crawley, in kis vigorous and very bold defence.
made some remarks upon the share of the press in the
transactiom He generated certain writers as self-coast-a-
fated social hangmen, going about rope in band with • mor-
bid desire to practise their dreadful calling upon risme in
authority. But, unless as a reflection of public common, the
dictum of this or that writer has no influence upon the con-
duct of affairs. The instrument of the social hangman is of
no more value than packthread, unless he can weave round
it the steengthening support of the public, and gain
this by truthful statements and fair and unprejudiced
reasons g. la this particular instance the press has
undoubtedly had to do with the holding of an investi-
gation, bat that Colonel Crawley in the main has
good reason for con-plaint against it may well be
doubted. We were one of those who always demanded
inquiry, and so far from Win whammed of doing so, we
think we performed • very wholencie, and, we are sorry
to be obliged to say, a very nectimary duty. What Is
the date of the case! In July or August, 1:4;2,
otoomte reached ,Y,ogleol of a very unfortunate state
ef things in a dragoon regiment tt iiisOW-11
soloael, carrying everything before him with a high
land, and in a cruel manner, trying his paymaster,
and depriving him of the privilege of communicating
with his witnesses, arousing one-fourth of his officers
of
perjury. illegally oonfining the principal non-commis.
weed officers, and inflicting cruel hardships, resulting
one roe is death and in another in madness. This
is the picture that routed us from India. No doubt is
was falsely coloured by those on the spot, and the state-
meats about "another black hole of Calcutta," and baking
serpents alive, were quite unjustifiable. No one will for
• moment dispute that if the story were substantially
true it was a case for prompt end vigorous action on the
part of the authorities, and as that action was only shown
in the shape of a memorandum condemnatory of the
military authorities in India by those at home, the
pees demanded something more, namely, the trial
and punishment of the person guilty of these
esarmities, whoever he might be. No one as fairly
may that the circumstances did not constitute a nee in
which further investigation was not only justified, bat
elegantly demanded. After a perusal of the evidence it is
beyond all question that illegal proceedings took place in
the Innistilluag Dragoons, and that these proceedings tended
le cause the death in confinement of a non.oomrnisaioued
effieer who had always borne a blameless character, and
who was proammoodlegally innooeotof any crime. Colonel
Orawiey's trial was not the act of the pros. The
.press
asked that whoever was responsible should be arra/geed
and punished. The authorities selected Colossi Crtwley,
mod their failure against him is not to be mat in the
teeth of the press ; nor can Colonel Crawley fairly
tarn mend upon his journalistic enemies. For though he
is protected to a great extent by superior orders, and is
Wm legally exonerated from the more serious part of the
escalations, it cannot be denied that his representations
had =oh te do with the illegal punishment to which these
men were subjected. As Colonel Crawley stated in hlt lei
defence., milher General Mansfield me Gomel Farrell had
soy ammonty against Lfiley. Wakefield, and Duval. But
be dose not Mew up his remark and lead us to its natural
eciocianott, which is, that the exercise of authority by tease
wends wee brought about by repressetatione made by Col.
Orairl, who might have animosity 'oldest the MOD, for he
knew they were to be damaging entwines against him in a
OIND la which he was vitally interested. A piece of ille-
gality was harshly carried out, and it was dose at ColonelOrailev'e inetaoos, and with Colonel Crawley's kern/ledge,
although not upon his legal responsibility. This appears to
be the state of the case as established by the endows We
. are not aware whether it is proposed to punish Sir William
ILasatield for his share in the business. Sir William says
that he did not intend that his orders should be literally
serried oat for the detention of the sergeant-
majors in arrest, that be had reason to sup-
pose the Mhos court-martial would be over
won days before it was over, sad that it was in this
belief he had allowed the arrest to matinee till Coptain
Manee's defence bad closed. Upon this view his
aeries seems to have hese on. only of mei-
seem arising from confidence in those by whom
the urea, was carried out, and to whom he might
perhaps not unreasonably leek for a compliance with
the spirit, and not the letter of his order. The case in
that of • man brought before a magistrate, regarding
whom the magistrate says there is no cam to warrant
his committal for trial, but who is nevertheless kept
for weeks in close confinement. We know how public
feeling scold resent such an outrage upon the li-
berty of the subject, but we are stating DO more
thee the hare fact when we say that is a legal sense Lilley,
Wakefield, and Duvet were each in the positron of such a
man. Colonel Crawley is not legally responsible for this,
but sadly somebody is ; and noises the somebody is brought
forward asel punished. we are forted to arrive at the conclu-
sion that the law may sometimes be violated spites a
soldier. provided the responsibility can be distributed be-
tween two or three officers of high rank. Assuming that
no further proceedinp take place upon this subject, a coo.
temporary comes to the following comilmions In the first
place, the Mutiny Act, or.ratber that portion °fait which
arteeds to the soldier the Habeas Corpus Act of civil
life, must be modified. That set lays down in very
distinct words that 'no olcer or soldier who shall
be put is arrest or coofine.nent shall continue is such
arrest or confinemeot more than eight days, or until such
Coe as a court-martial tau be conveniently assembled ;"
and it enact' that ' any officer or soldier who shall
unnecessarily detain any prisoner in confinement with-
eat bringing him to trial shall be liable to be cashiered.'
Now wo have it dearly established that at Mhow three
as-commissioned officers were charged with • crime ;
that the proper authority for ordering their trial,
Sir William Mansfield, said that, 'There did not appear,
as shown by the documents which had been seat to him
by Major-General Farrell, any sufficient grounds for Deno-
lag the non-commissioned officers concerned to trial for con-
spirary,' and that nevertheless they were kept all in close
arrest and two of them in solitary confinement, as Colonel
Crawle describes it, for a month. No soldier suffering
panisliment after conviction can be kept for more than
fourteen days continuously in solitary confinement ; but as
matters stand it MAMA that men with no legal case spinet
them eau be so detained for more than double that time. We
must also endeavour to vary the definition of close arrest.
As we now uuder stand the close arrest of MI officer or non-
senunisaimed officer, it MOMS coefimusent to quarters with
a sentry over the quarters. As it at present stands, read by
this latest decision, it means something whiehf whether
it be &great and grievous hardship or sot, is certainly more
severe than this definition plainly contemplates. Again it
must be a subject of grave 000sidoration how witnesses
before courts-martial are to be treated. It is at least •
estrous coeucidence that La the three courts-martial that
have hem most promieeetly before the public of late
pass, the people who have suffered most were
the witnesses ; in fact, in each case hey were
almost the only sufferers. After Captain 's
court martial the prisoner returned to his duty, if not as
wimp phaotly at heist iu as pure a state of legal innocence
as that is shins Colima Crawley now steeds ; but several
of the witnesses were careered and displaced. In Captain
Boater's care the prisoner was restored to the service,
while some of the winsome were placed in confinement. and
ethers wee* censured, on. for the false swearing of another
while tbe chief one is tried by court-martial. Is Colonel
Crawley's came the primmer walks forth • free sus, but
iodine of the witnesses are threatened with shop korolu,
and in duo course they also become regarded as the culprits.
Is all this merel a curious color:idioms, or does it point to
acme ohrooic defect in the system'"

&grog:Lugo By mums or Cantouxr..—Twn Cer-
am wows who weni_gpiog out is the New York steamer
hom Houthampton oil Wednesday were detected in e cdro,
vowing to smuggle 22 Its. of 60. into that tows from the
144,1110. r which ley io the deck, sod which had jest corm)
ham Bremen. The eigius were is the ordinary boxes, each
glselainieg I lb. weight. Each of the women bad eleven
boors strung round her pence hankie her drama, and fast-
ened to her crinoline. Although the women walked vary
slinkily, the boxes rattled see against the other. sod •
eeeleselmie Aker hearieg • strange noire as the women
pond hist, suspected that it had a motraosed origin. The
wanes had got outside the dock sate before they were
elstmted.

HOMNIMAN'S Tics i 4 choice sod strong, moderate
TM e; sad wholesome to use. These adrentades bane reared
it Ou Tea a gruend preference. It is add in packets bp PAO
AthertheusioLJ