The Express.
London, England, 1863-06-23 00:00:00

LAW INTELLIGENCE.

(IRIS DAY.)

COURT OF QUEEN'S BENCH.
After Tenn Sittings at Nisi Prins at Wertminster. —(ffefore
Load Chief Justine Cockburn and a Special Jury.)
DICKSON V. LORD CONNZEIRKI AND MOM
This was the fifth day of the hearing of this ewe.
Mr. Coleridge, Q.C., ILL Doman, Q.C., and Mr. Gordan
Allen were oonee4 for the plaintiff : the Attorney-Oeurral
sad Mr. Dowdeswell for General Peel ; Mr. Swill. Q.C.,
and Kr. Field for Lord Combermere ; and Mr. Lnab, Q.C.,
and Mr. Maward for Lord Wilton.
One of the jury at the sitting of the noun asked the
learned comma to be as short as possible in their addraesea
They had already been hero four days.
The Lord Chief Justice said it was a case of conaiderable

perplexity.
The leaned counsel, however, promised to be brief as
possible.
Mr. Bovill then addressed the jury for Lord Combermere.
He referred to the great age of this veteran, his brilliant
and lengthened career in the military service of his
country, the honours be bad won, and the respect, esteem,
and veneration he was held in, and observed Mr. Coleridge
well said in his opening address for the plaintiff that it was
not of each stuff conspirators were made. He also referred
to the brilliant oratory' of the learned rural and his
masterly address, which had not been surnamed in
Westminster-hall, which could not have failed to prejudice
their minds against Lord Combennere. That learned
cooruirl delivered parts of his address, particulaHy that with
reference to Lieut.-Colonel Dickeon's interview with Lord
Combermere, with so much dramatic effect as could not
fail to make an impression on them, bat he hoped
to be able not only to neutralise it., but to effec-
tually dissipate from their minds any impressions they
might have imbibed advents to that noble lord. The learned
counsel then proceeded to state that Lord Combermere
was not on personal intimacy with Lord Wilton, but only
on formal malting teems with him, and thea alluded to his
lordship's age. He was in his ninety-fourth year, and, though
he had attended the proceedings on one or two occasions,
he was so deaf that he could sot bear what was going on,
and when the learned counsel for the plaintiff was attacking
him in his opening address the noble lord was about to leave
until his son, Admiral Cotton, told him his ear was being
alluded to, and be had better stay, upon which his lordship
remained. When those charges were first made the noble
lord ears sed his determination to go into the witness box,
but that would not be permitted. Lord Combermere
bad attained so great an age and wee suffering
so muck from dropsy and suppressed gout that
the least excitement might cause him to drop dead
instantly in the box, and therefore he would not take upon
himself the responsibility of placing him in the wither
box. He should take Lieut.-Colonel Dickson's etre-
ment, coupled with other facts, and be would ask them
with confideor to may there was not the slighted pre-
teens for suggeeting that Lord Combermere could be guilty
of the baseness he bad been charged with. The learned coin-
eel then referred to the noble lord's career, and his great
knowledge of the profession, as proof of his competency to
form an opinion what was the restorability and duties
of an officer. Lord Combermere's first proordiag was to
go with Lord Wilton and CoL North to the Hone Guards,
aod ask for • court.martial, which, however, could not
be granted, as the regiment was disembodied, and the
Horse Guards had no power or control over the miner.
They were referred to the War-office and saw General Peel,
who called Mr. hiarshalLwho was at the head of the depart-
ment, and desired him to give the necessary information.
A. court of inquiry generally precede, • court martial, being
• preliminary proceeding like the inquiry of • grand jury, is
that an inquiry could not then properly be directed. It was
then arranged that the papers should be sent to the War-office,
which was doe% Lord Combermere having first ascertained
that the charges were well founded. Whether he was right
or wrong in coming to that opinion was now for them to in-
quire, but it must not be forgotten that the same opinioes
were formed by the officers at the Wareffice on the
papers submitted to them by Lord Cosibermers,
coupled with Lieut.-COL Dickson's explanations. The course
now complained of by Lieut.-Colonel Dickson was the
same as be adopted in getting rid of his junior officers. If
Lord Wilton's representations to Lord Combermere were
sufficient to get rid of junior officers without • court-mar-
tial by calling oo them to resign, what right bad
be to complain of Lord Combermere's acting on
Lord Wilton's representations in reference to him-
self! Surely if Lieutenatt-Colonel Dickson claimed the
right to get rid of his junior officers on his representation
by calling on them to resign, Earl Wilton had a right to
exercise the seine powers when based on good and substan-
tial grounds.
Mr. Coleridge said the parallel would have been complete
if Lieutenant-Colonel Dickson had resigned.
Mr. Bovill said the parallel was complete as it was. The
learned counsel minutely examined the numerous docu-
ments in the nee, which he said showed that everything
had been dons in the most regular meaner, and after every
opportunity had been afforded to the plaintiff to explain
the charges that were made against him. Lord Com.
bermes had acted throughout for the benefit of the sinks
and from the conviction of his heart. Lord Combermere,
notwithstanding, was accused of having made false charges;
but, so far from their being any foundation for
it. he had to grapple with • shadow, and was only
called upon to give these explanations in vindication
of character, and not in exculpation ot a crime. There was
DO pretence for imputing error of judgment to the noble
lord for the authorities on the same paten bad come to the
Lady Molesworth entertained at dinner, last
evening, at her residence, in Eaton.place, the Marchioness same conclusion, and after the 9th June all Lord Comber-
oforgan of communication ; iag
Ely, the Marquis of Sligo, the Marquis of Bristol and men did was on two =lesions t o traasmit
leav Parrs
Lady Adelina Hervey, the Earl and Counter of Donough- " the effiew
the Secretary for War to deal with the on the advice
more, Lord William Compton, Viscount Sudeley. Mr. and of the responsible officers of the War-office. If these facts
Lady Elisabeth St. Aaiun, Lord Ashley and Lady Harriet had been laid before a magistrate or a grand jury as the bans
Ashley, Lady Rolle, Lord Harris, Lord add y Carew, of a charge of conspiracy Lieuteoant.Colonel Dickson would
the H mr,.. Rubleigh, Yr. Errinto., Mr. and have teen scouted. He had spoken of his character, but be
hesitated not to attempt to vilify the character of
Mrs. Dudley Marjoribanks. an honourable man descending to the grave, and tarnish
We regret to announce the death of Mrs. Bates, those honours he had so brilliantly woe, as well as to cast a
mother of Madame Van de Weyer, wife of his Excellency slur on au equally honourable and high-minded man,
=real Peel. Both
a lee and Lord Combermere
the Belgian Minister. Mrs. Bates died at an early hour acted sense of duty : if otherwise,
yesterday morning, after a lengthened illness. he had rendered himself liable to criminal proceed.
Mr. Laing, the late M.P. for the Wick Burghs, imp. There was not the slightest evideocechar of com-
ing sold the manor of Hordde, near Lymington, in Banta, plicity against Lord Combermere, and this ge was
only made to blast his fair fame and dim that halo of glory
to Colonel Clinton for 16,0001. which surrounded him, merely to enable Lieutenant-Colonel
A meeting has been held at Ryde, in the Isle of Dickson to gratify his vindictive feelings against Lord Wit-
Wight, for the purpose of memorialising the Queen to grant ton ; but he trusted by their verdict they would not allow
her royal charter of iooorpontios constituting that town a his character to be shadowed in his lifetime, or to descend kr
his family sullied in the slightest d-
, municipal borough, with •a separate commission of the peace Lord Wilton,freee' , •
Mr. Lush, for 1 COMplama that irrelevant
I and court of quarter gessious, matter had been introduced into the inquiry for the par.
The special report and evidence upon the West pose of prejudicing Lord Wilton. They were not then to
nye:Lard from the decision that had bren arrived at
Hartlepool Harbour and Railway Bill will he diseased in
• by Peel, but whether the three defendants coospired
the House of Lords to-night. wilfully to make false charges to remove Lieutenant-Coked
In committee of supply, Mr. Hennessy intends Dicksonciv from t
he
in what h command of his
he regiment. Lord Wiles
by
move to reduce the vote far education in Ireland by the was • ilian,d e did WWI entirely guided
to
sum of 100,0001. the advice of Colonel North, who was Lieutenant•Colcoel
Dickson's friend. The learned counsel then referred to
the doormats relative to the accounts, and the Sate of
Mr. Seymour Fitzgerald purposes to call attea.
tier to the present esteems of this country with Brazil, the regiment, sod the report of the regimental beard of
and especially to the recent rupture of diplomatic inter- inquiry, in proof of the charges he made against Lieut• Col.
Dickson. With regard to the non-holding of mess meetings
1 erne with that governess(, and to submit • motion with
for the audit of the accounts, the learned counsel said the
reference thereto. object was evident, because Lieutenant-Colonel Dicker
Mr. Dawson, on Thursday, will ask the Secretary kept • large balance in his hands which he
ed paid into tie
for the Home Department whether his attention has been bankers' to his own private account, in order
to reduce it he paid several payments whilst
drawn te the awe of Mary In" Wllhi•T' deceased, and the the
ir regimental beard was sifting, which ,•ucht
wording of the verdict delivered by
the coroner's wined to been done some months before. When the board
impannelled to investigate the circumstances of her death ; l made their report to Lord Wilton, his lordship finding the
and if it would not be desirable and humane to introduce I result WWI opposed to everything Lieut.-Col. Diclne
legislation for the purposes of limiting and defining the hours . had led him to believe. consulted Colonel North who
soma Lieu t-Colouel Dickson's friend, and that gentle
of labour in millinery and other establishments when 1 Dian told Lord Wilton he had no alterative but to
females are employed. I send it to Lord Combermere, the Lord- Lieutenant
On colonial estimates Mr. Adderley will move of the Tower Ha
Dickson andmlets. Befoasked him for expirationsre he did so he wrote to Lies.
" that the malaria, of the three archdeacouries in Jamaica, teoant-Colonel
! which certainly did not look like making false chain"
being apportioned B"'' B"'' and 6C°l* respectively, should, • t him, but that of acting is per feat good faith with
agates im,
on vacancies occurring, cease to be charged
of this country." on the treasury him. Lord Wilton did not—in fact he had no power to
I pass judgment on it. He sent the report, with
Tan ADJOURNED DZBAT6 ON POL•ND.—TER Lieutenant-Colonel Dickson's explanation, to Lori Cou-
burner% and afterward, he and Colonel North called sod
DIVISION LAST NIGHT.—Amongst the members who voted asked his lordship what he should do as he bad been sued
last night for the postponement of the motion on the affairs by Marrs. Sharpie and Co. It was upon that state of
of Poland were Messrs. E. Bairns, J. Bright, C. Buxton, three that Lord Combermere properly remoestratei
Butler Johnston% R. Cobden, G. J. °when, G. Hadfield, , with Lie.ut. -Colonel Dickson. The difficulty of
Sir W. Heatbcote, Lord Hotham, Lord G. Lennox, Mr. C. their position owing to the disembodiment off the
regiment. then became apparent, and lit was our
N. Newdegate, Baron Rothschild, Mr. Stirling. In the necessary to apply to the Hone Guards. It then became
minority with the government were Lord R. Cecil, Sir De known for the first time that the quartermaster bed bees
Lacy Evans, Mr. Henley, Mr. Horefall, Mr. Horror, Lord threatened to be sued by Messrs. Isaacs and Co. for the
Robert Montagu, Colonel Taylor, Mr. Walpole, and the clothing, Sr., replaced after the Cremoroe fir, awl the
formed the appendix charge complained of, which he had as
Irish catholic members. Mr. Disraeli abstained from voting. , opportunity of erplaithog before it was sent to the SecteWY
The Queen of Spain has sent the order of Charles for War. Another complaint WAS made about the 2, sit
lIL to two French hoenceopethista. The names of the re- ' Mil", ter the seillsoute mess. and that be .6,,,, Jrr...
cipiente of this Spanish decoration are Jahr and PerusseL te L'ee
Led llembeenwee• and thus the matter """ lo tie
Wilton was concerned. They next came to
They studied under Hahamaan. I appointment of the military board of inquiry. He bees
King Ferdinand of Portugal, who bag left Paris nothing whatever of the fscts of the case, and oot.lld n 55
and he atteeded as requested, but it was an untruth to
for Fontainebleau, spent last week io visiting factories, mu. irdormatios on them ; but be sent his adjutant with P'nra
✓ums, artiste, authors, and the different preceptors of his , say that Lord Wilton scud he was told by Geoeral Peel he
now who reside in Paris. Nothing een be ""11 nneawun" need not attend. There was not a tittle of eoleoce to
log than the way in which he lives. He has declined the show that the charges were false ; sod, where he eekel,did
offer which the Emperor made of placing some of the im- they find any indication on the part of Lord Wilma td
perial equipages at his deposal, and drives through town he was acting maliciously and falsely ? Nay, lie e pri
stroll
in a private menage drawn by two hones, the charges spirt Ideutenant-Colooel Dies, without escort hi' regret to Lord Combermerebennere t° ha'.cker.
A t"' mill
or outriders. Sometimes he in erompanied by a French circumstance in the case was that in his correepooderv,
sneer, or a Portuguese nobleman who travels along with with Lord Wilton and
false
• and preventas
word that inferred that
bar of the jury. I and said not one ilf
To-morrow the Papal Nuncio at Path' will ' charged them with making far statements.
110
"bless the bells " of Deaveil. Tbe godfather will be Y. ! Lord Wilton, which no doubt had led to this Doe, tad, W.;
learned counsel referred to the action for libel aSswtt
Pfooul, and the godmother Madams de Sign* in whose served with regard' to the first, nearly the whole ilo,Lowo ,
chateau they will be suspended. A. gm" man
will be : toil.
teen's.ereatt.nole3tised
were
fronvedy proved- Warm:: -;,[-.„ '1;1
celebrated on this occasion by the Archbishop of Paris, and
chathoi of the Madeleine and Si. Hoch are sagaged to Wilton, out upon the report of the Militia board of Sarin-
chan the serries the private life of Lord Wince:, which the learned coul
The Peninaular and Oriental Company's new knew be could not prove, and which Lord Wilton .nulle.
He ooasplaioed of the introduction of statements relative. te,
steamer Ornate wilt be dispatched to Calcutta the latter • am,
Dot be allowed to disprove, because of its irrelevancy to w
end of this week. Their new steamer Rangoon is expected the only place in the British dominion in which such stereo
at Southampton in about • montlie time, and it was to be regretted that a °Dun of justice wo
could be uttered with impunity.

IMPERIAL PARLIAMENT•

HOUSE OF COMMONS.--(THIS DAY.)
The SPIMUI took the chair soon attar twelve o'clock.
PRIVATE BUSINESS.
The Stsndedge and Oldham Turnpike Trust Bill, the
Wakefield and Aberford Road Bill, the Madras Irrifratielt
and Canal Company Bill, the Newhaven Harbour and Ouse
Lower Navigation Bill, the Scottish North Eastern wad
Dundee and Arbroath Railway Companies Amalgamation
Bill, and the Wakefield Inge Road Bill were read a third
time and passed.
VIA ILES EMBANKMENT (SOUTH SIDE) BILL.
This bill was considered sod ordered to be read a third
time to-morrow (Wednesday).
VACCINATION (SCOTLAND) BILL.
Mr. DUNLOP suggested that the house should only go
into committee on this bill pro toms for the purpose of in-
@forting some amendments which had been suggested.
Sir E. COLEBBOOKE supported this advise, but thought
that the bill should rather be sent before a select committee.
The LORD ADVOCATE had introduced the bill in coo.
gequenoe of the urgent representations which had been made
to -him on the subject ; acid whatever amendments might
be needed beyond those in the notice paper could be illiert.4l
is the report.
The finnan= then left the chair.

On clause 1,
Mr. DUNLOP said the College of Physicisse of Edin-
burgh had not in a list of objections, which had much
struck hint. They objected in particular to the appointmest
of public vaccinatora They thought that the medical
officer of the parish was quite sufficient ; and there was
maw to think that the proposed enactments would tend
rather to retard than facilitate the spread of vaccination
throughout the country.
The LORD ADVOCATE thought that the difficulty
could be wily obviated. It was never intended to prevent
private vaccination, but the object of the bill was to create
an authorised officer who should have an interest in seeing
that vaccination was properly does. He proposed in clause
11, to insert words recognising vaccination by private prac-
titioners, but rendering it still necessary for the vaccinator
to give the certificate mentioned in the set.
Mr. FINLAY suggested that there should be an itine-
rant vaccinator for thinly ropulated district..
The LORD ADVOCATE did not see any reason why
that proposition should not be adopted.
(Left sitting.)

Yr. Colfni
be called he
of the exam
mere on the I
Mr. BoriU
in the int.'
Combermere
Yr. Colon
General E
1858 be in
Guards. Lc
called for •
Dickson. or
could net be
referred the
Ansart they
the appoints]
quiry Vkinh

Crowe=
missed for
irregularitio
•

Re-tnamii
have an hill
Kr. Boni
spinton, I
Mr. Color
Mr. Will
militia depa
nected wil
oomraunicat
through la
unusual in
connexion
military m
Rata, and
papers pass
military sec

CUZIIAIIOOII
inspector of
1858, I was
plain to
North the
against a o
who was d
in his reque
letter, of tt
removal fr
ly for
which th
by Lord
H. Storks
asked for
charges am
They were I
Lord Dom
Colonel Di
of the rego
report on t
into my ha
my minute
P. Donghu
the guider
and softie
moon for
[The wane

Bittisp al
tb
TIM An

Oe Aim

raised last
terday's n
Mier cot
the Atsia
evidence 1
of the def
statement
against th
oontende
innocence
the Motto
that Milli
for bowel
who was

Tete
when a
now admi
same sat
The At
Mr. Di
wanpntt
you on th
for r

me that
He said,
Cel, an
Co. H.
Southern
idatemen
laFochioi

Mr. Coleridge said that as Lord Combeemere could not'
be called be suggested that the shorthand writer's notes
of the examination and cromm.ramMation of Lord Comber-
mere on the former trial should be put M and raid.
Mr. Borill said be could not assent to it. He would put
in the interrogatories administered in this case to Lord
Comberniers, and his answers.
Mr. Coleridge said be could sot accept them.
Genera Brook Taylor was called for the default Ta
lt+sB be was Assistant Adjutant-General at the Hans
Guards. Lord Combermere, 'Lord Wilton, and CoL North
called for a court-martial to be ordered on Lieut.-Colonel
Dickson, or for a °Dort of inquiry. I informed them it
could not be done as the minima was disembodied, sad I
referred them to the Secretary of State for War. In
August there was en application from that office for
the appointment of three military offioers as a board of in-
quiry which was granted.
Cross-examined—l did not attend that board. The reason
assigned for the court martial, or court of inquiry, wee some
irregularities relative to the management of the regiment.
itemumiued —Lord Combermete appeared anxious to
have an inquiry.
Mr. Bovill—They did not appear anything like coo.
'pintoes, Iso ! (Laughter.)
Genteel Brook Taylor—No.
Mr. Coleridge objected to that mode of inquiry.
Mr. William Marshall—l am principal clerk of the
militia department at the War-offlos, and everything con-
nected with it passes through my hands. The
communications relative to militia regiments were
through lord-lienteilante of counties. There was nothing
tumult' in Lord Combermere's attending the War-office in
connexion with the Tower Hamlets Militia. There are
military men at the War•offioe to advise the Secretary
The
State, and who are answerable for their departmeets. The
papers pass from me through the inspector of militia, the
military secretary, he., but it was not so when these cir-
cumstances occurred. I pawed the paper to the
inspector of militia for my own advice. On the 3rd of May,
18514. I was called by General Peel, and was desired to ex-
plain to Lord Combermere, Lord Wilton, and Colonel
North the course of proceeding in a case of !complaint
agaiest a militia officer. I sat by Lord Combenners.
who was deaf, and told him be would have to seed
in his request what should be done. I received from him a
letter, of the 4th May, requesting Lout.-Colonel Dicksoe's
removal from the regiment. L prepared a rough draft
reply for General Peel's signature. The matter upon
which the draft was founded was approved of
by Lord Rawlings.' the under-secretary, and Sir
H. Storks, the military oorrespoodenL The letter
asked for the transmission of a full statement of the
charges and Lieutenant-Colonel Dielmon'soonoter•statement
They were received about the 9th of June in a letter from
Lord Gent:armors, stating that they proved Lieutenant-
Colonel Dicksoo's total unfitness to continue the command
of the regiment. There was also enclosed Lord Wilton's
report on the charges and explanations. Thepapers firstoame
Into my bands on the loth June,aodoe thelfith June I made
my minutes on Lord Combermere's letter addressed to Sir
P. Doug's+, asking him. as inspector.general of militia, for
the guidance of the Secretary of State, if there was good
sad sufficient reason for damaged without assigning any
rum for so doing.
[The witness wee under examination when our report left.)

COURT OF EXCHEQUER.
Sittings at Nisi Priam after term, at Westraioster.—(Before
the Lord Chief Berea sad a Special Jury.)
TAX ATTORNIST-GLVIRLL V. ULU* AHD CrTHI6/1.-THI

CABS OP TEI ALELLNDBA.
On the assembling of the court this morning,
The Lord Chief Baron gave his opinion upon the point
raised bet sight (as will be seen from the conclusion of yes-
terday's report in another column), whether a statement of
Miller could be received se to the object and character of
the Alexandra. His lordship said, that in excluding that
evidence be 000sidered he was trying the guilt or inne,enoe
of the defendants on the record, and he thought that any
statement made by Miller or his son would not be evidence
against the present defendant. ; but the Attorney-General
contended that this record raised no question of the guilt or
innocence of the defendants, the only question at ism being
the justice of the forfeiture of the vessel. He had no doubt
that Miller, who was a ebipbnilder, wee building the ship
for somebody else He had consulted Mr. Baron Martin,
who was rather inclined to think the evidence ought to be
received, and, being of (minima himself that in cavil cases
when a doubt existed evidence should be received, he would
now admit the evidence, which, he 'apposed, would be the
same as that tendered yesterday.
The AttonierGeneral—Of the same clam, but stronger.
Mr. De Costa was recalled, and the (location objected to
was put to him,—" Did Mr. Miller, senior, say anything to
yon on that occasion as to whet the Alersoara was intended
for r
Witnese—Yes, on three different occasions. He toll
me that she was a gunboat for the Southern Confederacy.
He said, " We, conjointly with Fawcett, Prestos, and
Co.l. ace bunches this vessel for Fraser, Treholme, and
Co. He said Frazer and Co. were the agents for the
Southern Confederacy. At other times Mr. Miller made
statements to him to the same effect, before the
launching of the Emperor. At these times the
Alexandra was still on the stocks in Miller's yard. They were
at that time driving copper bolta through the planking.
Mr. Miller was =akin a tog for witness, and Miller spoke
to him about taking away men from the tog to lay blocks
for the keel of a gunboat. Afterwards he saw the Alex-
andra on those blocks. In November, 1862, he had a conver-
sation with Mr. Miller, who said that yawl was to be called
the Alexandre, and asked him why, whether it was the
name of some state or city, and he gad it was, that it was
in the Southern States, and that it wee in unison with the
Alabama and Florida.
Mr. John Wilson Green—l am a shipbuilder at Liver-
pool, and was requested to look at the Alexandra a fort.
night hack, and report for what purpose she might he
built. I examined her, and found her bulwarks dilfersally
formed from any merchant vessel, or any vessel hat a
vessel of war. They are composed of very thick teak.
She had three masts and a screw propeller ; was
1254 ft. long and 214 ft. wide, and had an unusually
strong rudder. I discovered several iron stanchions for
hammock racks, which is unusual for merchant vessels.
Her tonnage was 276 toes register. The scuttles of the
hatchway were not suited for a merchant vessel. They
were similar to those to be found on board a small man of
war. She was not fitted up for carrying cargo. The fore-
castle was fitted up like that in yachts or small men of war.
There was a cooking apparatus sufficient for 150 or 200
people. (The witness gave other derails showing that the
Alexandra was different in the fitting up from merchant