The Express.
London, England, 1863-07-06 00:00:00

THE MHOW COURT MARTIAL.

The following is the copy of a memorandum of
his Royal themes the Field Marshal Commaoding-in-
Chief on the Mhow court-martial, meat pricately to Sir H.
Rom end Sir W. Mansfield :

" MEMORANDUM.

" Horse Guards, February, 1863.
- -

" The Field Marshal Commanding-in-Chief has had under
his consideration the letter addressed by General Sir Hugh
Rose to the Adjutant-General, on the 20th ultimo, on the
subject of the late court martial in the 6th Dragoons. In
reference to the observations contained in that document,
and in others addressed to himself personally, his royal
highness desires to assure Sir H. Roes and Sir William
Mansfield that, in whatever respect he may have differed
from the conclusions they may havearrived at, he is entirely
convinced that they have both been actuated solely by the
desire to do justice and to maintain the discipline of the
troops submitted to their command. No doubt one of the
chief mainstays of discipline is to be found in the support,
by the superior officers, of officers in immediate command
of regiments, where that support can be given with justice.
The Field Marshal Commanding-in-Chief, therefore, full►
appreciates the motives which led Sir Hugh Rose, Sir
William Mansfield, and others to countenance Lieute-
nant-Colonel Crawley's conduct, as contrasted with
those who have opposed him. In accepting the verdict
of the court martial against Paymaster Smelts, his
royal highness has proved to the army that an attempt to
coerce a commanding officer can have but one termination,
the ruin of those who attempt it. At the same time, it is
absolutely necessary that it should be made evident, that
those attaining high and responsible positions, such as the
command of a regiment of high reputation, should under-
stand that they are to exercise their functions with dig.
cretion, and refrain from seeking to exalt themselves by a
depreciation of those entrusted to their command. This
lesson, his royal highness hopes, has now been learnt
by Lieutenant-Colonel Crawley ; and that he will, in
future, by firmness united with temper and dis-
cretion, prove himself worthy to command a regi-
ment which his royal highness knows, by personal expe-
rience, to have been equal to any in her Majesty's servioe,
under former commanding officers. With respect to the
long arrest of the non-commissioned officer*, his royal high-
ness sees no reason to alter his opinion of its impropriety,
which ia admitted by Sir William Mansfield, whilst be ex-
plains the cause. The came of Sergeant-Major Lilley will
ever remain an nnfortan►te event. It is possible,
perhaps probable, that he may have taken a portion of
the liquor supplied for his wife; bat there seems
no proof that he did so to such an extent
as to came his death. His character for sobriety and
correct conduct, previous to his arrest, seems to have been
' undoubted. IQ closing the correspondence on this painful
subject, the field marshal desires to express a hope that the
conduct of all parties in the Innidrilliag Dragoons for the
future may be such as to deserve the approbation of the
general officers under whom they may be called on to serve ;
but should, uofortunately, what has passed not have been
a sufficient warning to them, his royal highness will not
hesitate to visit with his severe displeasure those who forget
their duty in the pursuit of their private animosities."

THE VOLUNTEERS.
AMALGAMATION OF CORPS.
The followiug official circular has been issued :
War-oßlee, Jima m.

My Lord, —I have the honour to inform you that it is
necessary that all oorps of volunteers which are not of suffi-
cient strength to constitute by themselves a regiment, bri-
gade, or battalion, should be either united with others to
form an administrative regiment, or should be attached for
adminiatrative purposes to another corps of the same arm,
having the establishment of a regiment, brigade, or batta-
lion, in order that they may partake of the sums voted by
parliament for the capitation grant to volunteers. This
administrative organisation is required for the purpose of
uniting separate corps under a common bead, and of
enabling them to receive through an adjutant, se the
government accountant, their share of the grant, but
it is not intended to icterfere with their constitution, or
financial arrangements, unconnected with public money,
with the operation of their respective rules, or with the
powers specially conferred on their commanding officers by
act of parliament. Corps of volunteers which are not of
sufficient strength to constitute by themselves a regiment,
brigade, or battalion, and are not so circumstanced as to
admit of their being united witb, or attached to other corps
of the same arm for administrative purposes, must be
attached to another corps or administrative regiment of a
different arm, to enable them to receive through the adju-
tant their share of the sums voted by parliament for their
aid. When the corps concerned desire to be placed on the
footing of administrative attachment, described above for
corps of the same arm, such an arrangement will receive my
sanction, provided that is recommended by their lord-lieute-
nant. As there are some corps belonging to the county under
your jurisdiction which have not yet been included in any
administrative organisatioo, I have the honour to inclose
herewith a proposal for the administrative union or attach-
ment of these corps, and I shall feel obliged by your inform-
ing me whether you concur in the arrangement in question.
Since lam desirous of carrying out as speedily as possible,
in the as of these corps, the regulations contained in
Volunteer Circular, No. 41, reopecting the issue of the
capitation grant for the current year, I request that you
will favour me with an early reply to this letter. I have to
add that the provisions of Volunteer Circular N 0.13 are can-
celled, as far as relates to the attachment of volunteer
corps of the same arm.—l have the honour to be, my lord,
your obedient servant, Ds GREY Ayu Ripon.
The Earl of Sefton, &c.

The Public Schools Commissioners held a
meeting on Saturday laet, at No. 2, Victoria-street, West-
minster. The commissioven present were—The Earl of
Clarendon, the Earl of Devon, the Lord Lyttelton, and Sir
Stafford H. Northcote Bart" M.P.
Slit J. K. SHUITLEWORTH AND THE LANCA-
SHIRE DISTEEBB.—Sir J. K. Shuttleworth, in a letter to a
contemporary, says that the supply of cottoo for the year
may be expected to amount to half the old imports, and
adds that the difficulties of manufacturing the Indian
staple are actually overcome. It is only the price that
kills. Of 40.0001. now taken in weekly wages, he
thinks 22,0004 may be due to the cotton trade, and
18,0001. to casual employment. The latter most na-
turally be considered as in some degree temporary or
precarious, but Sir James then proceeds to inform us
that the factory work itself rests on no better basis.
It is not a genniue revival of trade. It is only a little
"spurt" put on by the energy of a few manufacturers, who
have adapted their mills to Indian cotton, and who have
ventured, even at present prices, to replenish the stocks of
goods, which, owing to the stoppage of productioo, bed
become very low indeed. But that demand must obviously
be limited. The autumn would see it satisfied, and then the
factory bands, the field hands, and the vagrants together
would all come back upon the relief list, sod swell the total
of claimants to last year's figures.
A FATAL LEAP.—A most appalling accident
occurred at the Howdee station of the Newcastle and North
Shields branch of the North Eastern Railway on Friday
afternoon. A train leaves Nevrcastle-on.Tyne at half past
2 o'clock, but it dote not call at any station until it reaches
Shields. At the moment that this train was flying pest
the Bowden station on Friday afternoon a man was ob.
served to open the door of a third-elan carriage and leap
upon the platform, but in a moment be was thrown
under its wheels and met with instant death. He :
was dreadfully crushed. His feet were cut off, and he :
was awfully mangled about the head and body, and his
remains were wrapped up in a waggon cloth and removed •
to an outhouse. The unfortunate man, who had thus
inatantly met hie death in the presence of the appalled
spectators at the station, proved to be Mr. Hughes, the
chief engineer of the Black Duck steamship, belonging to .
Messrs. T. and W. Smith. It seems that the steamer was
laden and ready for sea, and that the deceased, leaving his ,
wife and children on board the steamer, had hurried op to .
Newcastle for something that he bad forgotten. It in
suspected that he had omitted to notice that the half.past
2 o'clock train did not call at the Bowden station, which
is nearest the dock, before it was too late, and then he bad
made the foolhardy resolve to leap out as it paned the
station, for some of the other passengers saw him holding the
handle of the door of the carriage before they approached
the station.
DREADFUL ENCOUNTER WITH A TIGErt.—A corre-
spondent of The Timer of India writes as follows : " I regret
to have to record another frightful tiger accident. It ap-
pears that Captain Curtis, 6th Dragoons, Captain Brad-
ford, Salida' Cavalry, and another gentleman were out on
a shooting excursion in the vicinity of Sohore, where they
fell in with a tiger, which had previously been wounded
by some other sportsmen, and was in a state of furious
madame Captain Bradford raised his gun, but it un-
fortunately would not go off. At the same moment the
brute caught sight of the party, and giving a hideous roar,
charged down upon them with the utmost ferocity,
singling out Captain Bradford, who was in the act of scram-
blintz up a tree ; the tiger nude • dash at him with a tre-
romidous bound, and caught and dragged him to the ground.
Poor Bradford having raised hie hand to protect his head
the brute seized his arm, crunching it between his terrible
jaws as if it had been so much rotten wood, breaking and
splintering the bogie, and lacerating the flesh in a frightful
manner. Meantime his companions were not idle ; but as
they were afraid of hitting their friend if they fired at any
distance advanced boldly up to the brute and poured shot
after shot into him, till at last he was rolled over by the
eleventh bullet.' Ferocious to the lad, the brute never re-
linquished his hold, and fell dead in the act of aiming a
blow with his enormous paw at the head of his victim.
• Poor Captain Bradford was carried into Sehore in a pitiable
condition, mauled all over, and it was found necessary to
amputate his arm at the shoulder joint. By last acoounte he
I was is a very precarious state. The tiger was of manstrans
• airs, and said to be the laxgeet over seen in thew parts."

LAW INTELLIGENCE.
(Para DAT.)

COT; HT OF EXCHEQUER.
The Lord Cb'ref Baron Pollock, and Barons Martin, Brun.
well, and Chitheell, .at at Westminster today, for the pur-
pose of deli' ering judgment in cases which had been argued.
ATTORHRT-OZNRRAL V. LORD BETTOW.-v-TYPORTANT QURSTION
OF RUCCESNION DLITT.
Mr. Baron Martin, in delivering judgment, said this was a
case of considerahle importance. The late Earl of Stilton,
who died in August. DM, was the owner of certain lands
at Toxteth-park. LiverpooL At the time of his death, and
for ten years previously, those lands were wholly uocizeu-
pied and noproductive, and incapable of being mail
profitably for agriculture or any other purpose.
No income or profit was derived from them, and
they were not then marketable as building
land. bat still they were of great value, being, in 18G2,
worth 4,000/. an acre, which was ft) times the
value of the best agricultural land. The crown
claimed succession duty upon thee* lands from the pre-
sent earl, and the question was whether they were liable
to it—a most important point, as there was a considerable
amount of valuable land in this country similarly circum.
stanced. In the neighbourhood of large towns there was
often to be found some vacant land utterly Built for
the growth of crops, liable to constant trespass, and
used as play-ground for children, and which the
owner could not fence io or turn immediately to building
purposes. The land of the defendant in this case was ex-
actly is that sitoation, but the present income from it was
oil, yet it was prospectively of enormous value, at least
1,000/. per se= more than the most valuable agricultural
i land. The defendant contended that it was not liable to
succession duty, and the question depended on the construc-
tion of the Succession Duty Act. Having carefully read
the act he could not believe that it was the deliberate
intention of the legislature to relieve each land from
the payment of duty. He thought that when the defendant
succeeded to his father he became, in the words of the act,
beneficially entitled to the property ; because, though it
might not have been either wine or prudent to have sold
it immediately ou his father's death, it might nevertheless
have been sold, and would, in comparison with other laud.,
have produced an enormous sum. He was therefore of
opinion that judgment should be given for the crown.
The Lord Chief Baron was of opinion that the defendant
was entitled to their judgment, first, because he thought
that upon the true construction of the act the actual annual
value was the basis on which the =occasion duty was to be
calculated, and not the possible or prospective value ;
secondly, because the provisions made in certain case.
such as wood, advoweons, fines on beneficial leases, as
opened mines, afforded strong evidence that such a case
as the present was not to be dealt with in the way propoeed,
without some clause in the bill to authorise it ; rind, lastly,
because if the principle on which the present claim was
made were a sound one, it must apply to oases where the
present annual value was less than prospectively it would
probably become as well as to cases where it was absolutely
nothing; and it was to his mind perfectly clear that the act
was not framed with any such intention. The real question
was, what was the meaning of "annual value" in the 21st
section. Did it mean present actual value or the annual
value which the owner might immediately obtain for it were
he minded to apply it to a different purpose, or the
possible prospective value which there was every reason to
suppose it would attain' He was of opinion that it meant
present actual annual value. If the principle of the pre-
sent claim were correct, the successor to • mansion and park
close to a large town, and adapted immediately for
building purposes, ought to pay, not according to the
fair rental of the estate as it was, bat according to the
=creamed value if it was sold for building purposes, but
this was a claim which could not be supported. The pro-
prietor of land in this country had a right to make what
reasonable nee of it he pleased, and sometimes even an
unreasonable nee, stet be was not bound to so use
it that it might yield the largest re to the govern-
ment, or to pay taxes as if it did. A landed proprietor,
whose park was over the most valuable misers l property,
had a right to say. " I prefer living where my ancestors hays
lived to obtaining the wealth which the opening of the mines
would afford," and on &succession the duty, in his judgment,
ought to be calculated on the fair rental which such resi-
dence and park would command, and without any reference
to the value of the undisturbed minerals. He thought that
the contention on the part of the crown wen wholly unte-
nable, and that judgment should be for the defendant. His
lordship added that Mr. Boron Wilde expressed concurrence
in his judgment.
Mr. Baron Channell said be was obliged to leave the coart
during the argument, to attend chamber' • and in a came of
this importance he did not think that be 'could, therefore,
properly take any part in the decision ; but he had carefully
considered the judgments prepared by his learned brothers,
and he was inclined to amve at the same conclusion as the
Lord Chief Baron and Mr. Baron Wilde.
There being a majority of the court in favour of the de-
fendant judgment was entered for him.
DUCKWORTH V. RVFART.

Mr. Baron Martin said that ir this case the question was
on what principle the damages should be assessed by the
arbitrator for a breach of covenant. If the defendant had
performed his covenant there could be no doubt that
plaintiff world have been in possession of a considerable sum
of money. He thought that the plaintiff was entitled to
compensation for the damage consequent on the breach of
covenant as well as to the costs, hut as the Loyd Chief
Baron and Mr. Berea Bramwell thought that he wu only
entitled to the law costs, and as there was every probability
of the case being taken to a court of error, he would not
deliver his written judgment, which was of considerable
length.
The Lord Chief Baron—There can be no doubt it will be
taken to a court of law.
The rule was then made absolute in a form to raise the
question io dispute.
The following judgments were then delivered :
SILL r. SWAMI.

Role discharged.
CAWDRON r. GREAT NORTHERN RAILWAY COMPANY.

Rule diecharge L

KTNASTON V. NICHOLSON.

Rule ducharged.

WELD V. WILLIAM&
Rule deeharged.

MAO T. WALICKR,

In this shipping case there was • rule absolute to enter
verdict for the plaintiff for . p.rtial loss.