The Express.
London, England, 1863-06-20 00:00:00

COURT OF QUEEN'S BENCH.

After Term Sittinp at Nisi Prios.—(Before Lord Chief Jus-
tice Cockburn and a Special Jury.)
DICKSON C. LORD COMBERNERIII AND OMENS.
The further hearing of this, case was rammed this
morning.
Mr. thleridge, Q.C., Mr. Denman, Q.C., nod Mr. Gordon
Allen were counsel foe the plaintiff ; the Attorney-General
end Mr. Dowdeswell for General Peel; Mr. Bovill, Q.C.,

and 3lr.Fleid for Lord Combermere ; and ]dr. LualF,
and Mr. Milward fur Earl Wilton.
Lieutenant-Colonel Dickson's examination in chief con-
tinued—On the 27th July I sent a letter of further explana-
tion in sneerer to the report of the regimental board of
. .

ioquiry to Lord Wilton sad the statemente contaioed in it
relative to my disbursements.
Mr. Colerici4e asked for the production of the original,.
Mr. Leah said Emrl Wilton sent them to Lord Comber-
Mere

ii—r. Bovill laid Lord Combermere not them to the War•

The Attorney-General said no doubt they were received
at the War-otilee, but they could not now be found.
Mr. Lush said they were produced on the former trial,
but they bad somehow got lost or mislaid.
Examination continued—August, 1857, was the first
time I ascertained that Lord Wilton had been in communi-
cation with Captain Dixon ; and in reply to a question from
his lordship, I asked for an opportunitylof explaining to him
in the presence of Colonel North. In November, 1837,
1 wrote to Lord Wiltoc requesting him not to send in the re-
port, to., to Lord Combermere until after I had given fur-
ther explanations. On 17th January, 1858, I received a
letter from Lord Wilton stating that before sending the
accompanying statement of Captain Dixon's complaints to
Lord C,ombermere, be wished to me to send my explanation.
. •

- -
I did so, returning it on the Bth February with a blies stating
that Capt. Dixon s conduct was most irregular, both with
regard to his accounts and his non-payment of the wine '
accounts ; the Wows of the paymaster and the pressing
nature of my duties_ prevented my looking into matters, and
that it wee impossible to expect to find a militia regiment
in the same state of order and discipline as the line. On
the 19th March I called on Lord Combermere at his re-
quest. The first time le treated me kindly, and regretted
complaints had beep made again!' me by Earl Wilton and
Capt. Dixon. He said he was afraid my manner was not so
pleasant at times to militia officers as it ought to be ; that
ihey were different from officers of the Hoe, and required
humouring. I said I had had a great deal of trouble with
some of them, and that they were nearly all civilians—two
or three, as Lord Wilton was aware of, had left the regi-
ment under extraordinary circumstances of • disgraceful
character. I told his lordship that (XIS. Dixon's cooducthad
on one or two occasions been very disgraceful, and that he
bad been • bad example to young officers. His lord-
ship expressed a hope that I should be able to
be on better terms with the officers in future. Point-
ing to a lot of papers in • corner of the room, he said he had
had a quantity sent to him, but he could not make head
or tail of them. He added that he had heard I was • good
soldier in the field, but be didn't think I understood
militia officers. On April 5, 1838, I wee sued by Messrs.
Sherpa', ad did not -know then that Lord Wilton had
been see red with a writ. On 30th April Involved • letter from
Lord Combermere to call on him ; I did so. When I entered
the room his lordship, who appeared rather warm, said
" Colonel Dickson, I have sent for you because your alo-
nel has been sued,and it is disgraceful in you as the command-
ing officer to allow him to be sued." I said, " I am very mom
for it, my lord, and I have been sued myself." He said, "You
should not have allowed the regiment to be disembodied
without the debts of the regiment being paid." I
said I could not help the authorities suddenly
disembody Mg the regiment —after four days' notice. He said
"You must must retire, sir, and I shall call on you to resign
your commission." I replied I should not thick of doing
so, as I had done nothing to be ashamed of. His lordship
then got very warm, and insisted on my resigning, as Lmd
Wilton wished it. . .

Lord Chief Justice—Yon &requite sure he said that?
Witness—Yes. I mid I would rather pot • pistol
to my heed than resign under such circumstances.
He then said he should report me or take the
caws to General Peel, and he called upon me to resign
several times, saying my colonel had been sued, and that it
was entirely my fault. Seeing he was getting warm and
excited, bowed and retired. On the Pith May I received
a letter from Mr. Wynn. the clerk of the peace, relative to
the letter written by Lord Wilton, upon which my action
spinet him for libel was founded. It contained the c
and I returned it with my explanations appehaXit
I wrote to Lord Wilton on the Ist of June, ex-
pressing the great pain I felt at having received
such • letter from his lordship, and asking for an inter-
view in the presence of Mr. Wynn, feeling satisfied I should
be able to remove the false impressions he laboured under.
On the 3th of June Lord Wilton replied by letter that he
could only say he considered the matter in the hands of
Lord Combermere sad the Secretary foe War, and that it
must remain there for the present. On the 29th of May I
sent beck the report, with my remarks on it in red ink, to
Mr. Wynn, accompanied with a letter complaining of the
manner I had been misrepresented and treated, asking its
tranemissico to Lord Combermere, and that a board of
inquiry should be appointed to investigate the matter. I
had only had a day and a half allowed me by Mr. Wynn to
answer them. Heald at first they were not to be answered,
and I was to be removed at once. He would Dot at first let
me have a copy of them, and said that Lord Combermere
merely wished me to see them.
The document, with the answers annexed, was put in.
Mr. Coleridge asked why it appeared to be in great con-
fusion, the answers not running opposite to the charges in
parallel columns, which Lieut.. Colonel Dickson explained
arose in consequence of watt of room for the sowers, sod he
had to carry it over leaf.
Mr. Bovill said it was no wonder that Lord Combermere,
when they considered his great age, could make neither
head nor tail of it.
Mr. Coleridge asked where the document came from. It
ought to have best sent to the War.office.
Mr. Lush (Lord Wilton's counsel) said he had produced it.
(It was afterwards explained that on the last trial the
documents got mixed. Many were lost that belonged to the
War-ofloe, sad others had got into wrong bands, and it was
supposed that this document had got mixed up with Lord
Wiltoe's papers. All the observations on the charges
contained in the document in question appeared to be dis-
jointed and out of place.)
Examination continued—l amerced for the payment of
Isaacs' bill for the clothing, ice., destroyed or injured at the
Cremorne fête. The claim was pot made till after the re-
giment was disembodied, and I called upon Isaacs and told
him to place it to my private account. and they agreed to
do so. My answer. sent to Lord Combermere were correct.
I suggested or instigated the suing of Lord Wilton.
On the 14th of June I soot a further explanation to General
Peel, and afterwards &copy of it to Mr. Wynn for Lord
Comhermere. The balance of money in my bands I ten-
dered to Lord Wilton's solicitor when his lordship
was sued by Memo Sharon& but he would not accept it. I
have voucher, for the disbursement of the Wellington Col-
lege money. Mr. Wynn forwarded me the copy of a letter
from General Peel to Lord Combermere, dated 110th June,
relative to his lordship's letter of the 9th, stating that his
lordship was to call on me to resign. Lord Combermere's
letter of the 9th contained the charges preferred against me
by Lord Wilton. On the 7th July I wrote to Lord
Combermere expressing my surprise at the receipt
of General Peel's letter, calling upon me to resign without
first having a board of inquiry, and I intimated to his lord-
ship that Mr. Duncomhe would bring the matter before the
House of Commons. The question was asked by Mr. Don-
combs. (The question and General Peel's answer, the nue
port of which was given in Mr. Coleridge's opening speech,
were put in and read. General Peel announced it was his
intention of appointing a board of inquiry, and
not a court martial.] I was not aware of
the appointment of the board till the 9th of
August, when I received • notice the board would sit
on the 11th. I attended the board on various days from
the 11th to the 29th August. The first day the president
informed me he had received an addendum cheep, contaieed
in a letter dated July 24, 1858, from Lord Wilton to Lord
Combermere, relative to the subscription to the sergeants'
meta, stating that the M. he had given to
it had Da been paid over. In a letter of the
15th of November, 1855, I informed Lord Wilton that
Isis and Lady Wilton's donation had bees handed over to
Captain Cooper and his wife to be applied as desired. The
whole of the mosey I received from Lord Wilton sad Colooel
North I accounted for, es I stated yeeterday. I did Dot
see Lord Wilton prompt when the ioquiry commenced, and I
applied to the president for his loedMip's attendance. Mr.
Bennett and Mr. Woodward attended as my shorthand writers.
A friend, Mr. Harrison, was also present. The president at
first declined to summon Lord Wilton. as his presence was
not required, and they did not care whether 1 was there or
pot. The short-hand writers were told not to Mks anything
down they objected to.
The Lord Chief Justice said it was necessary to know
what were the functions of the court of inquiry—whether
they were analogous to a grand jury to inquire if farther
proutediep were necessary, or their result was to be Gal
Mr. Coleridge said General Peel thought the latter, be-
cause on their report he recommended to her Majesty
Lieut Colonel Dickson's dismissal. He was heard before
them in defence.
The Lord Chief Justice said it was right to know their
functions. Their proceedings certainly shocked one's views
of the manor in which a judicial inquiry should be con-
ducted. His lordship amerced a hope that before the case
was closed their report would be produced, and they would
thee be nide to form an opinica on the point he bad raised.
Examination metinned—The same rule as Witting down
the proceedings applied to the governenest abort-band writer.
Lord Wilton attended the mooed dsy. His lordship said
be came in deference to the request of the board, but he bad

been informed by General Peel that morning that he need
not attend the inquiry, but leave it to hi adjutant, who
was a military man, to conduct the inquiry. I protested
against his &bermes, and said that as my accuser he
ought to be present and substantiate his charge. I told
him I should want to ask him questions, and WI upon him
to produce certain documenta. The court said his presence
was unnecessary, and told him to retire in accordance with
Guesel Peel's direction. He accordingly Wt. I after-
wards wrote to his lordship to attend before the
beard and give evidence, and received a letter from
him dated from his yacht, off Plymouth, that he
declined to attend, as be might be away for some days at
ass. I wrote to him secondly, but I received no answer.
Mr. Harrison attended the inquiry with me as my friend,
but he was unable to afford me much assistance, as the
court would not allow him to speak to me. and he was not
allowed to sit at the table near me. Mr. Harrison was not
there in the profession of the law.
(The witness was under examination when our report
left.] _ _

COURT OF BANKRUPTCY.
(Before Mr. Ocommisioner Face.)
IN an SIMON. -41UFSTION Ag TO VIZ VALIDITY OF A DUD.
In this case the queshoe had been raised whether a deed
executed between the debtor and hi creditors had com-
plied with the requirements of the 192nd section of the act
of 1861.
His Hamar, after going through the circumstances of the
case, and the provisions of the act, said that in this case the
deed of the 15th of April list, whereby the creditors ac-
cepted a composition of 2a. fich in the pound. had been filed
and registered as the act required. Objections had been
taken to the validity of the deed on the ground that pay-
meat was to be made to the trustees, and not to the creditors
themselves. He thought that payment to the trusteed' was
sufficient, and therefore held that the deed was valid
Mr. It. Griffith., on behalf of the debtor, asked for costa
against the creditors who had thus unnecessarily brought
him to the caurt to oppose their application for leave to
erne execution.
Mr. Doris, who represented the creditor, resisted the ap-
plication. The circumstances of the deed were suspicious ;
and the only way in which the creditors could test its va-
lidity was .by applying to be allowed to line execution.
His Honour—l refuse the application with costs.

IN DL BOLDER°, BOLDIRO. LUSHINOTON, AND BOLDER*.
The bankrupts were bankers, of Comhill. The failure
took place fifty-one years ago ; and the minnow came before
the ooart on a dividend sitting. The oficisl sasignee (Mr.
Stansfield) has email sum in -hand, which it is stated will
yield a dividend of a fraction of a penny in the pound.