The Express.
London, England, 1863-12-11 00:00:00

COVIINT-OARDZW.

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Webs, a. Cord, A. Cook, A. St Alert, ofel W. ILwrison : Mimes
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Lycipic

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SWANII4._

Tao Immo, THE DAYB Of LOUIS XV. Mesdames H.
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Asd THE GREAT GHOST RITECT. —Commence at

HIGH WATIR AT WIDOW BMWS.
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so-miaow —llarelag, lb. 39a Atkisson. 313. Ya

LONDON, FRIDAY, DECEMBER 11.

WHATEVER may be the result of the Court-
martial which is now sitting upon Colonel CRAWLIY,
it is tolerably clear that Courta-martial as at present
constituted are irretrievably condemned. So long
as a Court is presided over by a judge of legal
knowledge and firmness there is some guarantee
that those rules of evidence which have been
established for the purpose of justice will be
observed ; but when the judges are military men
they are at the mercy of the lawyers, and are
liable to be misled by any unscrupulous or auda-
cious counsel. Unfortunately in the present case,
whilst the official' prosecutor has conducted his case
with that mild candour which befits the occasion,
his opponent has not scrupled to use means which
at the Old Bailey would not only be considered
unjustifiable, but which if attempted to be used
would be promptly repressed. Unfortunately too,
for the first time, the rule of discussing a case
under trial in the press has been violated, and by
some extraordinary influence Colonel CRAWLEY has
been pronounced innocent even before the case for
the prosecution was closed.

A few days ago we remarked upon the singular
conduct of the Court in overruling the opinion
of the Judge Advocate General. But their decision
was so obviously erroneous that they have since seen
reason to modify it, and have allowed the question
which was objected to by the prisoner to be put.
But the events of last Wednesday far outstrip
anything. which has hitherto taken place; and,
indeed, if the Coiirt desired to prove the incapa-
city of military men to administer justice, it must
be admitted they have been admirably successful.
The case, of course, proceeds upon the as-
sumption that Colonel Caavriarr was bound
to put the Sergeant-Major in close arrest.
Throughout it has been assumed that the only
question was whether Colonel CRAWLS; in
executing this order, had been guilty of unneces-
sary severity. According to one opinion LILLST
was a man of excellent character, who, by reason
of confinement in a contracted chamber, by anxiety,
and other causes, suffered grievous hardships, and
ultimately sank. According to the other opinion,
LILLIT was a thoroughly bad and insubordinate
soldier ; he was confined in official quarters, which
captains have been known to prefer to their own
tents ; and that he died of drunkenness. Now,
these are the simple issues, and in ordinary crimi-
nal courts they would be proved by witnesses
in court who could speak to them from
their own knowledge—from the doctors
and officers who were cognizant of the facts. If
Sir Hcon Ross, the Commander-in-Chief at Cal-
cutta, or Sir WI LLIA M MANSYIELD, the Com-
mander-in-Chief at Bombay, had come home and
bad submitted themselves as witnesses, no doubt
their evidence would have been most valuable. But
they have done nothing of the kind, and therefore
it might seem that what they have said upon LI L-
LEY'S character would be utterly irrelevant. But
Sir G. WESFIERALL and his colleagues entertain
very different opinions.

In consequence of the statements made by the
Duke of CAMBRIDGE and Lord SHAFTESBURY in the
House of Lords, and by Mr. F01E180:711 in the
House of Commons, in reference to the conduct of
Colonel Caawtev, Sir Huai' Roes wrote a confi-
dential letter in reply. In it Sir HUGH Ross
assumes that he was one of the persons " impli-
" cared " in the LILLEY business, and he distinctly
states that the letter in question was written for
the purpose of "defending and justifying him.
" self." " Serious accusations," he says, " which
" have excited inch indignation in England, are
" disproved, I venture to think, in equity by the
" plain, frank, and straightforward line of evi-
" dance in this letter." Sir /luau Roes
then proceeds to deny every charge made
by Mr. loarracur., to denounce the conduct
of the officers of the Inniskilling Dragoons, and to
justify every act of Colonel CaawLer. If this
justification had been considered satisfactory, why
did the Duke of CAMBRIDGE determine to assemble
the present Court-martial ? If it was not consi-
dered satisfactory, of what use is the letter of Sir
Huou Ross t If, indeed, all the facts had been
before Sir HUGH Rose when he wrote the letter in
question, it is impossible to understand why Colonel
CRAWLBY was put upon his trial. For Sir
Howl himself assumes the whole responsibility.

But the Duke of Camsaincia believed that sal the
facts were not before Sir Roan Roes, or that his
opinion on these facts was erroneous. The facts
connected with LILLEY'II confinement are the
matters in dispute. The guilt or innocence of
Colonel CLAWLZY cannot be determined by the
opinion of Sir HUGH Ross, and therefore any
letter containing that opinion must be utterly be-
side the question. If his opinion was at all rele-
vant, it ought to have been communicated in the
ordinary way—by his presence in Court. It is surely
grossly unjust to Colonel CRAWLEY that the man
who of all others is competent to express an opinion
ahould not be called u a witness. It is even a
grosser injustice to the public and to those officers
whose characters have been assailed by Sir HUGH
Ross, that he should be allowed this calumnious
liberty in a written document which would have
been denied to him in person. Nor does the in-
justice stop here. No lees than twelve letters
were read, written by men now living, who might
therefore have been produced in Court, in every
one of which the characters of officers were dealt
with in the most summary manner—in which one
soldier was denounced as a drunkard, and another
was declared to be " dishonourable."

Military judges may naturally demand consider-
able latitude. They would probably be able to
see that any letter containing the opinion of
Colonel PAYNE, the President of the Mhow Court..
martial, would be inadmissible as evidence in
favour of Colonel CHAVILIEY. It is singular that
they fail to understand how the opinion of Sir
Heim Roes as to the conduct of Colonel Czawury
is equally inadmissible. No one before ever
heard that the speech of an advocate was admis-
sible as evidence in behalf of a client—Sir G.
Werumum. and his colleagues are acute enough
to draw a distinction between the passionate ap-
peal of Sir HUGH Ross in behalf of Colonel
CRAWLEY and an advocate's address.

EN court.

WINDSOR DAMN, Dic. 10.

The Crown Prince and Princess of Prussia
dined with the Prime and Primus ot Wales yesterday, at
Frogsnor•-honse.
Countess Hobentbal, Baroness Dobson*, Count Fannon-
tein, and Major Von Sehweinitr, had the honour of being
invited.

The Queen walked in the grounds this morning.
Her Majesty the Queen has honoured Mr. Frith with a
final sitting for the marriage picture, and the Princess of
Wales, the Crown Princess, Princess Helena, Princess Louie*,
and Princess Breatrice, have spin given sittiup.

The Prince of Wales presided yesterday at a meeting of
the council of his Royal Highness, held at the office of the
Duchy of Cornwall, Buckingham-gate, St. James's-park.
There were present the Duke of Newcastle, Lord
Warden of the Stannarie4 ; Sir William Dunbar, Keeper of
the Privy Seel ; Sir William John Alexander, Attorney-
General ; Colonel the Hon. Sir Charles Beaumont Phipps,
Receiver-General ; Lieut.-General }Coolly', Comptroller of
the Household of his Royal Highness ; and the Lord
Portman.

Mr. Bateman, the secretary, attended.
The Duke de Brabant arrived at the Palma Hotel, Buck-
ingham-gate, yesterday, from visiting the Prince and
Princess of Wales at Frogmore.
The Judicial Committee of the Privy Council eat yester-
day. An appeal from the High Courtof Admiralty, "De_
ranty v. Hart and others," cargo ex Hamburg (part beard),
was eoucleded. Judgmeot was deferred. Au appeal from
the Admiralty Court. "The Moderatioe,' was commerce&
The Lords present were Lord Chelmsford, Lord Kingsdown,
and Sir J. Coleridge.

THE CROWN PRINCE AND CROWN PRINCE 01
PROMIL.—It is expected that their Royal Highnesses the
Crows Priam and Brown Prince= of Prussia will leave
Windsor Coale on the 15th iostant, and proceed to Brussels
and Carlarnha. Their royal highnesses will probably reaah
Berlin ea the 20th.

His Royal Highness the Duke of Brabant arrived
at the Palace Hotel, Buckingham-gate, yesterday, from
visiting their Royal I:Ugh:teases the him* ad Primer of
Wales at Frogm

The Duke of Argyll has left town to join the
circle aseseibled ea • visit to the Duke sad Duchess of
fiatheriaad at Lillsahall, Salop.

. .
The Earl and Countess de Grey entertained the
Duke and Dasher of Somerset, the Right lion. W. F.
Cowper, Mr. end Lady Margaret Beaumont, the Hoe. Hrs.
Spencer Poesenby, and a West party at dinner last evening
at their reeidises to Cnitoa•gsrdeaa.
Viscount and Viscountess Palmerston wil leave
Cambridge Home early next week, for Broadianda, Haute,
when the noble vi count and Vilooolllllllll will eatertain a
select circle during the Christmas holidays.

The Counte;e of Derby arrived in town on
Wodarday, from Knowsley Park, Laaaaakina, os a visit to
(Moog We Hoe. P. W. sad Lady Emma Talbot.

The Karl and Countess of Malmeebury will leave
elautiord-plaos on or about the 16th inst., for their seat,
Korea Om., sear Christchurch.

The Right Hon. B. Disraeli and Mrs. Disraeli
have left Grosvenor•gate for Blows, on a visit to the Duke
and Duchene of Buckingham.

A letter from Rolm of the 2nd says :—" Rome
matiaties to fill rapidly, and the season premises to be an
overflowlog one. The following are amongst the most
rses.t arrival, i—Lienteosiot.Colcesel and Hon. Mrs. Wil-
Mame, Hamra N. de Rothschild, Hon. Mrs. Stourtoo,
Mr. and Mrs. A. Hare, M. and Hoo. Mrs. Burgess, Major
sod Mtn Bombe, Sir Norman Lockhart, Bart., Hon. W. sod
Lady Mossall, Lady sod Miss Pigott, General and Ma.
Hill, Mr. and Mrs. H. PArish, Lady H. Kavanagh, Lady
Louisa is Poor Trench sod Miss le Poer Trench, Princess
Caernicheff, with her family and Mira, Lieutenant-Colonel
Luke White, M.P., and Captain Stuart, Lady Dishy
Murray and family, Mr., Mrs., sad the Misses Barton,
Sir Edmund, Lady, sad Mies Massaghtes, and the Dowager
Countess Cowper."

A question ban been submittal to thelßoard of
Intend Revenue whether en suctiomer can sell the stock of
• wipe merchant away from Ihr m.rchant's premises; and
it is understood the'. the board hare decided that such •
mal. mown take plane legally, unless the auctioneer has •
wise llamas.

The original United States consisted of thirteen
states, vies,-7 northern free states, and 4 soothers and 2
border slave slates. 22 states have heat added to the
origisal oar between 1791 end 1863, vies,-13 northern free
states, and 7 soothers sad 2 border slave states The
border slave states are Delaware, Maryland, Hector-by, sod
Miesouri. Between 1791 and 1845 6 free and 12 slave
states were added, and between 1846 and 1863 7 northern
free and no slave states have been annexed. Besides the
35 states, the diiitriet of Colombia and the territories of
Washingtos, Utah, New Mexico, Nevada, Nebraska,
Dakotah, sad Colorado beloog to the United States.
Iturnse or COUNT ANDREW Zamoysni.—Letters
from Paris speak of the serious illness of Count Andrew
Zamoyeki, the well known Polish patriot. It will be re-
membered that he was ordered a few moat's ago fogies ex-
planations about the public feeling at Warsaw during the
present insurrection, when, after an audience with the
Czar Alexander. it was officially declared to him that the
Poles, instead of concession, had nothing to expect from
Russia but a rule of terror end extermination. He wax
sot allowed to return to Warsaw, but was ordered to go to
Eogland—a mild mode of condemning him to perpetual
exile. He sojourned for some time in this country, and then
went on a visit to his brother at Paris. There he was met
with the sad sews of the death of his wife, whom he bad
left in Warsaw, and whom, in spite of his most urgent
solicitation, be was not permitted to visit on her death-
bed. The Count's splendid palue, in which the Emperor
Nicholas was once remised aa • guest, at Weise, as ii
well known, was then looted by the troops, and his ion,
with other Mantes, dragged to the citadel, where he wax
kept is strict confinement. The latest news of him wee
that he was i• the military hospital—it is supposed, on
siessoot of the inquisitorial tortures inflicted upon him,
This last grief, added to so many others, has so affected his
father's health, that recovery has become doubtful. A
partial paralysis a/ the haul his set is.