The Express.
London, England, 1863-06-22 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF QUREN'S BENCH.

After Teem Sittings at Nisi Prins at Westminster.—(Before
Lord Chief Justice Cockburn and a Special Jury.)
DICKBON V. LORD COMBIRMIBE AND MIMI&
This was the fourth day of the hearing of this case.
Mr. Coleridge, Q.C., Mr. Denman, Q. 0., tad Mr. Gordon
Allen were counsel for the plaintiff ; the Atter osy.Geseeal
cad Mr. Dowdeawell for General Peel ; Mr. Bovill, Q. 0.,
and Mr. Field for Lord Combermere ; and Mr. Lush, Q.C.,
and Mr. Maraud for Lord Wilton.
Samuel Scott, traveller to Messrs. Sherpa", deposed that
on the 13th of March, 1855, he called at Lad Wiltoc'e
house in Cireseetioreqoare' and finding his lordship had
gone to the headquarter at Bethnal-green witness followed
him there. He sew his lordship and several of the dames
in the orderly room. Breakfast and dinner sets for regi-
ments vary in amount, according to the selection made.
The City of Dublin Militia dinner service was between 2s.
and Is. pee plate. The Tower Hamlets cost about 8)d. per
plate. The breakfast, dinner, and tea services for the Tower
Hamlets Militia oast between 501. and 601. The Limerick Mi-
litia services cost 1,4001-, and the Tower Hamlets was the
least expensive of any they had supplied, except for the
Anglesea Militia, which was a very small regiment. Lord
Wilton selected the same pattern as that used by the
Gloucester Militia. His lordship said the articles to be
supplied were to be as moderate as possible in price, es
it was uncertain how long they would be embodied.
By his lordship's direction witness called on the
army clothiers, and obtained a button for the device to be
put upon the plates. The second time be went with the
glees patterns. and laid them out in the orderly room.
Colonel North said. " Who the devil sent you hen"" and
finding that Miura Sharma had had the order for the dinner,
Sze., services, Colonel North gave him the order for the
glass in the presence of the other offmea. It Colonel North's
wishes had been adopted, the glass would have east Pia per
dozen, instead of 101., as afterwards decided on. It
was discussed whether fthere should be silver or plated
articles. Colonel North wanted silver. From directions he
received after Colonel North had left the regiment be took
down patterns of plated articles. Lieut.-to' total Dickson
had then succeeded him. He sew Colonel Dickson, Major
Walker, and other officers, sad they selected the articles.
Colonel Dickson never pee an order without consulting his
brother officers. It was a very moderate mess kit.
(The Attorney-General having to conduct the prosecution
in the case of the Alexandra, Mr. Built, during his tem-
porary absence, cram-examined the witnesses on his behalf
for General Peel.)
Cross-examined by Mr. Milward—Lord Wilton ordered
the breakfast, Ac., seta. When the pattern was selected
that was considered the order. On the former trial he said
Lord Wilton selected the pattern.
Mr. John Overton, clerk to Sir Charlie ll'Oregor and Co.,
bankers and army agents--They were appointed agents to
the 2nd Tower Hamlets Mflita, and an account was first
opened the 27th August, 1855. Lord Wilton, Colonel
North, and Colonel Dickson had private account& there.
He produced the books with the accounts of the regiment,
showing that Lord Wilton's and Colonel North's subscrip-
tions were acknowledged and efterwards paid over by
Colonel Dickson. He never told Lord Wilton that Colonel
Dickson drew the amounts from the regimental funds
instead of from his private amount
Mr. Charles Harrison, of the firm of Harrison and Co.,
Bedford-mw—ln 1858 he was not an attorney.
The head of his firm had bees for many yearsooneerned for
Mrs. Dicksoo's trustees. He attended the court of inquiry
at the Horse Guards as Colonel Dickson's friend to look
after and arrange his papers. Before the proceedings com-
menced the court was cleared, and after lf-an-hour the
board said they had been upstairs and had been told by
the authorities that they might make it a closed court,
but there was no obj-ction to the plaintiff's short-hand
writer being present, but he was only to take down what
would appear on the proceedings. Mr. Bennett, the short-
hand writer for the plaintiff, had to reed his notes over every
morning and correct them in accordance with the govern-
ment short-hand writers notes.
The Lord Chief Justice said he could not sae how the
e ities of the board could be charged to General Peel.
Mr. Coleridge said the board stated they had received
orders from the authorities it might be a dosed court.
The Lord Chief Justice—But only to that extent. It did
not follow that every thing they did was directed by General
Peel.
Mr. Coleridge said he should show that the board sat in
the Wer-office, end on oases of doubt they went out and
consulted some one.
Mr. Denman called attention to one remark in the report
of the proceedings, " We have consulted higher authorities,
who are perfectly aware of the course we are to pursue."
The Lord Chief Justice—But you don't show that MOM
General Peel. He can only direct a court to sit, and the
coot: must art in accordance with the rides of the service
without receiving direct instructions to the contrary.
Mr. Coleridge said—Supposing so; then General Peel
ought to have granted Colonel Dickson another inquiry,
where he could have been properly heard.
The Lord Chief Justice aid that was open to the learned
counsel anyhow.
Examination continued—Col Dickson asked what he was
to consider the object of the court—whether it was to inquire
into and report the conduct of the rr,,iment generally, or
that of the officers generally, or between himself and Lord
Wilton only. The answer was the latter. He said in that
case he should insist on Lord Wilton's pre enoe, and he ob-
jected to Captain Poley, the adjutant attending for Lewd
Wilton. Captain Poley replied Farl Wilton had no mom to
say about it ttan he had. Colonel Dickson said he must
insist on his being present, as he bad charged him with ire.
properly retaining money. The court said Colonel Dickson
might call Lord Wilton for his defence.
Mr. Bovill suggested that this matter should be guided
by the shorthand writer's notes. The two were compered
and corrected.
Mr. Coleridge—What we complain is that we were only
allowed to pat down what the court permitted.
The Load Chief Justice said he thought it would be
better to take it from the shorthand writer with his expla-
nations of the corrections. Since shorthand writing hod
attained its marvellous accuracy it had been considered
batter to tenet to a shorthand writer's notes of what oc-
curred than tend to recollection after a considerable lapse of
time
Examination continued—Colonel Dickson complained at
the lapse of time before the charges bad been preferred,
being more than six months after their °armadas. as
provided by the militia acts. He again asked for Lord
Wilton's presence, and the room was cleared. Colonel
Franklyn left and went upstairs. He returned after half an
hour's absence.
Mr. Bovill objected to this being emulated in the ab-
sence of the officers. They were not represented on the
trial, and could not explain or defend their conduct.
Mr. Coleridge said what he was going to prove was not
on the note.
Examination continued—The court said he should attend,
but went on that day without him. Lord Arthur Hay
said they had been /applied with a list of witnesses con-
sidered necessary. On the following day Lord Wilton came in
sane time after the court met. When he appeared the short-
hand writers were instructed not to take what then transpired,
and nothing appeared on the notes. Lord Wilton said he
attended in obedience to a letter he had received from the
court, but it was useless for him to attend, es he really
knew nothing about it. He had seen General Peel
that morning, and it was not necessary for him
te attend. The court said they had consulted
the higher authority, who thought it was un-
necessary for him to attend, and Colonel Dickson could call
him as his witness. Lord Wilton was about to leave when
Colonel Dickson interpoeed, and said he considered his
presence necessary. Lord Wilton replied, " I shall not be
interrupted by you, Colonel Dickson, or any other person," in
rather a sharp tone. The board repeated theirstatementupos
which Lord Wilton bowed and retired. Colonel Dickson
handed in a formal written protest, which witness sketched
out for him, against their proceeding in Lord Wil-
ton's &tuna. During the proceedings he wrote
a question occasionally for him. An altercation
took place between Colonel Dickson and Captain
Poley; some allusion was made to Captain Dixon a
wits accounts. Capt. Poley contradicted Col. Dickson, and
the latter replied, and the court reproved Col. Dickson for
doing so without permission. Lord Arthur Hay assisted
Earl Wilton on the former trial.
Cross-examined by Mr. Bovill—The president aid that in
courts of inquiry prosecutors were not called. It was not a
court-martiaL Witnesses were not to be sworn, and it was
only an inquiry to take down evidence.
The witness was re-examined on the shorthand writers'
notes to show that the board declined to call Earl Wilton
at Colonel Dickson's request, and his protesting against
going on in Lord Wilton's absence.
Mr. Charles Bennett, short-hand writer, verified his
transcript of the notes taken by him during the inquiry.
—lt was intimated to lee by the court that no
more was to appear on my notes than was taken
by the shorthand writer for the War-office. I took down
at the early stage of the inquiry more than I transcribed.
The transcript produced is condensed to the government
shorthand writer's notes. With regard to Mr. Harrison's
attendance the court said that by the book of regulations no
counsel was permitted to be present at them inquiries.
(The witness was examined at length in support of Lieu-
tenant-Colonel Dickson's case, that the board of inquiry
acted in a hostile manner towards him. and prevented him
from fully entering into the circumstance of the charges
that were made against him by the Earl of Wilton.)
Cross-examined—lt is very unusual for parliamentary
committees, arbitrations, and court martial', to request cer-
tain portions to be omitted from the none. He is allowed
to take all if requested by the parties who en.ploy him. We
were only requested to compare notes, so that both should
be correct in what was to appear on the notes. This mans
pursued with regard to note-taking was different to
landing I had ever before witnessed before any tribunal
whatever.
Mr. Woodward, shorthand writer—The interview between
Lord Wilton, Colonel Dickson, and the enact I did sot
take does, acting under restruolions from Mr. Bennett, sod
it not being evidence. I think Lord Arthur Hay said,
" You need not take this."
- - eeemined—My instruction was only to take the evi-

dews.
Mr. Coleridge proposed to reed a copy of the evidence
trveiiii, on the f„„ormt:r trial, byt.the I
oss sis Mr. T. Du
lard viosibe
ton
and ifr7lluneutnbe with regard to the slanderous state-
ment mile by the Fed of Wilton, and the charges pre-