The Express.
London, England, 1863-12-19 00:00:00

t tai EXPRESS,

THE COURT-MARTIAL ON COL. CRAWLEY. hibiriou of • ghost scene that he had produc.•,:. Th.ve a;
Iso art in producing a ghost. (Laughter.) It wee mete
child's play, it leas oily • reflection. He failed to produce
a ghost as it would have appeared from the east of a shiet
of glass sufficiently large. The little that was there he
produced. (Laughter.)
Mr. Be ''b O'Brien —What did you produce?
Plaintiff—The ghost of • waiter —(lauglitei)—or as mach
as the glass would permit. He rehearsed with • waiter,
because the stage was not then sufficiently DOCUTO for the
young lady who was to be the ghost. The rehearsals could
only take plans at the couclusion of the ordisary eveuiug
performances.
Arthur Birchoell, musician at Mr. Gear's, was celled to
prove that the plaintiff was employed there to produce a
ghost. At the rehearsal it was • failure. Mr. Gear was
now producing his own ghost. ( laughter.)
Mr. O'Brieu, for the defendant, said his case was simply
that the plaintiff had undertaken to perform work which
he was unable to do. Like the spirits from the vasty deep,
the plaintiff's ghost refused to appear upon the screen when
he turned the light, because he could not get thesis., at the
proper angle boas to threw the reflection.
The defendant was then called. He deposed that beget.*
the plaintiff a fortnight to get the ghat up, but he Wed.
At the first rehearsed the defendant appeared W bo calking
about the hall insieed of euperlategdiug 'tie ghost's appear.
ance. At the first reb be attempted to produce the
ghost of hig waiter—(laughter)—a poor diminutive fellow
—(lanlibtal—but he failed. Plaintiff had • glass 3feet by
7 feet, bat the glans defendant now used was 11 fest by
7 feet. Defendant denied that the plaintiff took any part
is the public appearaoce of the ghost. Plaintiff put wit-
ness to the expense of preparing • box from which he was
going to produce lightning, but he failed. (Laughter.)
Cross-examined—He gave the credit of producing his
ghost to his scene-painter and carpenter. He had oo idea
bow a ghost was produced before he saw the plaintiff's plan.
He believed the plaintiff understood the theory of ghosts.
(Laughter.)
Mr. Hawkins—Well, how did the plaintiff's ghost go!
Defendant—As well as such &ghost could go. (Laughter.)
Mr. Hawkins—Oh, as well as such a ghost could go.
Defendant—Yes ; as an optical illusion the ghost was
good. Plaintiff dial not attend and superinteod it as he
ought to have done. At first the thing was • failure. The
ghost was still on, sad drawing large boots—not, however,
the plaintiff's—that only ran five weeks. It drew a little,
hut not so much as I expected. The public were dissatis-
fied with it.
Mr. Hawkins—The public are often dissatisfied with •
gnat deal they get.
Defendant—Not with what lam doing now. (Laughter.)
He had paid Professor Pepper 50/. for permission to do his
ghost. Ile had no occasion to make any alteration in the
stage arrangements for Professor Pepper's ghost.
Mr. Chas. Pollock (producing 10140 pieces of papar)—Thim.
I believe, is the piece written by the plaintiff for the ghost's
directions. (Laughter.) I see here in one p/aos it rays,
" Be welcome, death, I fear not;' and thee there's& crash,
and the skeleton appease. (Loud laughter.) Is that the
case!

TWENTY-FIRST DAY.

ALDERSHOT, Dsc. 18.

The attendance of the general public was again
esesiderable this morning, although riot quite so numerous
as yeaterday. Mr. Headier°, M.P., Judge-Arlyrc.te-
General. mud Lord Chelmsford, were &swept the earliest
eteseut.
tin the re-auerabliog of the coat,
Sir A. Hereford proceeded with his reply to Colonel
Crawley's screech for the defence. He raid be purposed to
actin Muesli to a plain comment on the evidence. He
Nee proceeded to examine the various orders which the
prisoner au alleged to have given, and then followed the
arrest duriug the several otages of its severity—a severity
which he maintained was on a gradually increasing acids.
He commented upon the fact of the megrim being placed
within riergeant•Malcr Lilley's bungalow. and examined the
mums which the prisoner had given for- the adoption
of that course. He contended that the prohibition against
wry communication. verbal or written, with Sergeentellajor
Ulu was absolutely illegal, sod contrasted strongly with
the case of Colonel Crawley, both in &eked acid India,
where he had had the first access not only to his own
witnesses, but to those of the prosecution. Paymaster
Smiles had • right by himself, er those acting for him, to
communicate with hie witnesses. whereas Sergeant-Major
Lilley was deprived of his right to communicate with Mr.
Singles down to the day of his death, sad that was dons
by the arbitrary act of the prisoner himself. But even that
illegal excuse did not avail, for Colonel Crawley kept Sent,
Major !Alley under does arrest after Paymaster Smalee's
witnesses bad been examined in the Mho+ court martial.
The prisoner made it a merit, io his cromeexambiatioa of
Maier Champion, that be bad applied that Sergeant-Major
Lillay's clods arrest should be changed to simple arrest ; but
this in itself was strongly condemnatory of Colonel Crawley,
who ought to have made the application fourteen days
before he did, and the question then arose whether Colonel
Crawley was not responsible for all that submqueutly
occurred. The Articles of War provided that no person
should be subjected to colliery confinement for more than
eight days, and in violating this regulation Colonel Crawley
bad rendered himself Bible to be cashiered. He then pro-
ceeded to show by the evidence of various witnesses that
Sergeant• Major Lilley and Mrs. Lilley had been subjected
to great and grievous hardships by the manner in which
the prisoner carried out the order for close arrest. He
pointed out the tchick which was hong up did net prevent
Mrs. Lilley from beiog annoyed by the presence of a con-
stantly shifting stranger, not only entitled to be there, but
whom duty it was to be there and to watch closely the
anovemeate of the household. Such arguments as the
prisoner had used in his defence on these points were as
easily seen through as the tchick itself. The prosecutor
next exaorioed the evidence in reference to the bungalows
which had been assigned to S meant-Major Lilley, con-
tending that with reference to the second bungalow Sir
Hugh Rose had been misled, and that if he had known
that Sergeant-Major Lilley and his wife were confined to
on. room he would, to use his own weeds, have found it
"ground for serious disapprobation." Even with regard
to the exercise allowed to Sergeant-Major Lilley, the
puoishmeot gradually iocreared in severity. At first the
sentry went jogging roiled the race-mares with the Ser-
geant-Major, but afterwards came an order that the sentry
should follow 15 or 20 yards in the rear on the parade.
ground, so that there might be no conversation between
them. This exercise was clearly unsuitable to Sergeant-
Major Lilley, as well as degrading, inasmuch as be had been
in the habit of riding about a great deal, sod could cot
walk mu as Ina feet were bad. Sir A. Hereford thee,
at some length, defended the witnesses from the charges
of perjury which had been made against them by the pri-
soner—for, although the prisoner had not used the word
perjury, he had carefully insinuated that the witnesses for
the prosecution had committed it. The speech occupied
Jed two hours.
There was considerable applause at the lower end of the
mart at the conclusion of the address.

Defendant—Yes • something of that sort.
Ambrose lifsyea'rd, of Waterloo-road, theatrical agent,
deposed that be introduced the plaintiff to defendant. He
considered the thing a failure. When the first rehearsal
took place the ghost of the waiter appeared on the screen
with outstretched arms, his head hanging down, end in
general appearmas like a man the worse for liquor.
The whams s evidence caused much amusement, for he
enacted the part with ranch drollery.
Other Pitmans were called in support of the defendant's
case. _ _ _

The jury, however, ultimately returned a verdict for the
plaintiff—damages 10 'mow.

COURT OF PROBATE AND DIVORCE.
Dia 18.
(Before the Judge Ordinary.)
TITZGIALLD V. ►ITZOLL&LD.—THZ DIFENCE.
(Continued from yesterday's Erpress )

Colonel Crawley begged to draw attention to an erroneous
statement repeater' several times by the prosecutor in the
nurse of his reply, via, that General Metalloid bad stated
that there was no evidens to jostify the arrest of the three
sergeant-majors. That statement, be wished to observe, was
altogether onosed to the evidence.
The President —The court will give due consideration to
your observation.
The o®ci►ting Judge-Advocate then declared the court
gloved, and the public were directed to withdraw. Thus
after sa inquiry extending over 21 days, the pnblic proceed-
ings is this important case terminated. The delibera-
tion of the court upon the *videoce and the addressee of
prosecutor and prisoner will, in accordance with the nut.
ireful practise of courts-martial, be carried on in private,
and the result will not be known until the finding sod sen-
inn shall have been submitted to and confirmed by the
Cenissander-in-Chief.

The Queeit's Advocate ooDeluded him speech by
a confident hope that the jury would believe the e=
Captain and Mrs. Mallet, and would find a verdict for the
resiondent.....

Major William Huey Dominic Fitzgerald—l am the
second son of Lord W. Fitzgerald, and the nephew of the
Duke of Leieeter. I wee in the 7th Fusilier Guards. I '
was wounded at the battle of the Alma. I held a staff ap-
pointment in Ireland. In 1857 I wee at Malvern, ou account 1
of ill-health ; and there I married the petitioner. I had I
previously told her father that I was is debt most distinctly;
as a bachelor my debts did not in the least embarrass me. I
I was made a major a mouth after my marriage ; that was
cie mount of distinguished services in the field. My '
debts were to be paid by Mr. Settisworth, but
they were not. I wee to have 10,0001. from my father,
but 20001. had been spent in purchasing my commission.
It is not true that I neglected my wife in Paris. I took her
out in the morning shopping. for she had still her trousseau
to complete. I dined out twice, and once I west by myself
to the Opera Comique ; otherwise I never left bar except to
walk in the gardens of the Tuilerim while sin was dressing
in a morning. I never ca/led bee father and mother names.
She had a fan which was taken to be repaired. It was lost
in the hurry of removing from Paris, from which I was
auddenlyrecalled. I know nothing about • riding-bat ordered
for Mrs. Mffillet. It is not true that on the way to Ireland
I said I had never loved her, or that I bad married her only
for her money ; there is not a word of truth in the
statement. Never called her "an old screw," or •
"battered creature," or scything of the kind. I never
threw a lister to her and said "There's some of your d—
plots again," or stated that the manage was a iamb-
tioe, or that I hoped she would not be beast enough to have
children. lam io fact very food of children. I introduced
Mn. Fitzgerald to my friends in Ireland ; and she was re-
ceived in society. I did not refuse invitations for her with-
out consulting her. I
as ma with • wife tied to my tail. It is well known that
Died William Is an invalid and commit be examined. Mies
Tufa, my half sister, is with my father. My father never
said that if I would not take my wife out would. From
the day I entered the army he has never interfered in my
Private coocerna I should say that my wife preferred stay-
ing at home. She had a strougobjection to its being knows
that she was in the familyway. I did not fly into • rage off
our way to a ball because she had dropped bed
glove. I was irritated at being kept waiting,
but I did not use the words imputed to me.
I knew Mr. Mallet before he was married. We were my
intimate, and I desired my wife to share our friendship. -I
was obliged to be at my marriage by eleven o'clock, and
stayed with my wife till the last moment. My duties were
certainly not merely nominal, they were most responsible.
I generally went home between au and seven, and I spent
my evenings with my wife. I never said her feu was hie a
yellow mask. She once told me she had need something to
cure her freckles, and I said it was • great pity for I was
1 very fond of them. (Laughter.) I sever disparaged her
11 personal appearance. It is not true that I ever attempted
to strike her. When she was ill in March, 1858, she bad
been to a levee d'adieu to Lord Quints, and also to see the
entry of Lord Eglintoa. I remember that she was very
cold on that ormiuu, for I remember giving her braode and
soda water. She was attended by Dr. Dwyer and Sir Henry
Moab. Wlnlst 11110 was ill I had no high words with
my father in the &swipe-room ; nor bail I behaved in
any manner that would have justified his interfereoce.
While any wife was at Dover I visited her as often 22 I
could ; but Mn. Bettiaworth and I did not get on well to-
gether. We did not seem to understood each other. I
laver disparaged her ; but I have chatted her about Leech's
pretty little pictures is Punch, While at Blackrock I
never called her a lump of dirt; or said I had racked my
brains for epithets of &bum ; or told her that I was unlucky
because I bad net married • fortune. As an officer sod a
gentleman I oever advised her to have intrigues with other
men. I never could have used the language she has stated
that I did. In Deoember, 183 d, she was again ill, and in
the family-way. She was attended by Sir H. Marsh sod
Dr. Finucane. I never went to my office without receinog
a distinct report from the latter gentleman as to her state.
When I determined oo coming to England, I dreaded the
respunsibi.ity of bringing her over in the condition she am
in at that time. The doctors said, however, that she might
come • and the idea suggested itself to my own mind to
ask Dr. Fioucane to accompany ns as fax u Bangor.
When we came to London we stayed but at the Eustis
Hotel, from which we removed to Pont-street for a fort-
night, and then to Chester-street, where my wife wee
cootined. Nothing occurred at all like what she bas mid
about my forcing her into a chair and injuriag her. Dr.
Percy, of Fatou-square, was recommended to her by lady
Aso* Shemin. After be had seen her she complained that
he bad handled her roughly, and that she felt sure he had
killed her child. I replied, " Georgy, I won't allow you
to coy anything of that kind in my presence." She contistied
her alniTiDol22, and I was particularly elisions about it, feel
did not know what tothusit. lust forth. Pettigrew wham
1 bad not previously known, and who lad been recommen-
ded to me by )Ir. Bettisworth. I never suggested, that Dr.
Percy bad •
the child. After my wife recovery she
went 20 Tonbridge Wells with her mother. Oa her return she
went to the drawing-room. I weut with her to the opera,
mid took her about town. Then we went to Doveroo a visit to
her mother, and I began to look about for a country
resi-
deuce. 1 went to Tynan:tootle, where I saw Colonel and
Mrs.Bathnret. I saw a place there, but it was too large for us.
Party in August we went to the Lakes, to look at another
residence. We slept on our way at Warrington, and the
next day at lowness. We went on into Soothed, return-
leg on the 26th of August. We saw the advertisement
about linden at Ediaburgh, and that hurried as back. In
September we were in Pout-street spill. On the Edinburgh
journey I did not Sy iuto • rage, nor did she remind me of
the evil consequences of my passion on a previous occasion,
or of the death of her child. I never said, "It is too
d— cable to bate you with only 10.0001. after all." When
1 saw Mr. Francis, the solicitor, about Braden, I spoke to
him of my wife's health, for I was very anxious about her
that day. J had an apprebeesion that agitation might
affect her health, and I was always trying to keep her quiet.
Her Alum at Charles-street was a very mans oss. I
generally slept with her, and pureed her with my boatload
soul.
fly the Judge—The negotiation about Braden was a Ter/
troublesome one.

Wits —My wife was a very clever careful woman.
She was very etzoomical, but I should mot call her "a
screw." The aegotiatica would have agitated her; for it le
agitating to give more for a thing than it is worth, and
oonimuoicated my esziety oh the cob*, to Mr. Fralleii
The child was Imptised, at the mutual desire of myself sad
my wife. I weut to Brads, by myself, while my wife weal
to Norwood. I viewer said that so wooers was worth
laving after thlaty—orrea Wham we were at Dtailia I