The Express.
London, England, 1863-12-03 00:00:00

[tamped, Id. Additional.]

THZ COURT-MARTIAL ON 001 CRAWLZY.

(nor on on owr mown.)
THIRTEENTH DAY.

ALMS/MOT. Dec. 2.
Private Brooke, 6th Despors, deposed—l have ben 12
years and 4 moatkis is the regiment Sergeent-Major LiHey
was respected is the regiment Iwe sentry in the woad
boaplow, sad we posted in the Weer verandah, or outer
room. I could Dot see the bed from where I stood whoa
the tabled war down. It was about eight or nine days
before the eargeant-major's death that I was seratay War
his. [Witmer described the orders given to him MI the
same terms as did the witneenss of yesterday.)
Cross-examined—l remember oa one amnion the tehiek
being lifted up oa account of its being a very wen day.
The sergeant-major lifted it up himself, sad in about three
minutes afterwards he went out into the outer varandsh for
exercise. I followed hi= there. Wham I returned the
tabiok wee dere.
Lanowe..orporal Shepherd, inreply to the prosecutor, tes-
tified to the respect in which Srpaat.Majar Ullq was
held is the regameet and in creeasaalainatioa said he was
corporal of the guard over Serpent-Major Ulle . Oa the first
occasion the sentry was peed in the veer of the first
bungalow, sad oa the mead lowed him in the esivanta'
room. The entry wee cheated es the second occasion from
the servants' room to the office. Should not think, the
position of the sentry is the elks could have ceased Mrs.
lilley'say anneganem or inseeveaince in her bedroom.
gut=aJ. Barrows, 6th Dragoons, we celled, bat no
lwere asked by the prosecutor.
Is areevessmaisatioe lay Woad Csa he deist
wee seapsral at the=jer :=ll-
-

oa guard. —There was a Kress k the large mean mgarst-
lag it Into two parts, whisk ousiesided the bed feast the
place when the sentries were posted. No osimplaists were
ever made to witness by Sergeant-Nafor or Kra Lißey.
Private P. Boyle deposed to the rasped is white the kte
sergesatmajor was held, radio having hem posted se sentry
over him in the first bungalow. Could sot see the bed from
when he was posted, nor mold he tell whether there wee
• bed is the loam. There wee • mesa up, aid be Gould
ast sea
Colonel Crawley had so questions to ask this IMAM&
Private W. Andrews, mother of the sentries, celled, bat
sot masked by the prosecutor. Is cress-examinstioa by
Colonel Crawl...—. he stated—l was posted in the serrate'

_ram*,
room of the lira bungalow. The wont-mmjer woe in the
verandah, where I could not see him, and not fraliogratithed
I reported it to the =cosset of the guard, who told me to
remain where I was till he got further oaten. Srageaca.-
Major Lilly did not abut the door between me and him,-
bat when he was in verandah I, being in the little bee
room, could not him. I walked through the tees iate
the verandah, when the sergeantmalor told me that I wee
the tint mac that had ever come through his room to look
after him. I complained to the seramset of the guard got
where I was posted I could sot do my duty, if the g
major wait into the verandah and I was not to bes=
to follow him to look after biro. While I was ea duty I sew
Mrs. Lilly wealthily in different parts of the hew.
Sergeant H. Durrant, examined by prosecutor—The em-
grant-major was generally respected is the regiment.
In cross-examination witness pointed out on the model
where the sentries were placed when be visited them, via.,
in the doorway between the ogee sad the somata' room.
Did net eo that the prating a sentry there csatsasra.
any annoyance whatever to Mae. Liner to her
Had seen Lilley in the sitting-room. Took the ser-
geant -major cat for ramie twice, and considers the place
le which the exercise was taken was a good one for the
No complaints were made by either Serge orb.
Id!'h Law.
The exercise wee taken on the ponds
ground opposite the quartermaster's store.
Corporal C. Mills examined—The sergeant-major ben •
very good character for general soldierlike conduct acid
sobriety.
Oreasexamthed—Was corporal of the guard over him en
the 19th of May. There was a screen or mirage sorer the
large room in which he lived. Saw Mrs. Lil/ey twice as
that occasion in the verandah. I could not see her if the
was as the further side of the screen in the large room.
There were particular orders that the sentry was not to go
into the ongesuatemajor's bedroom on soy mount what-
VW.

"Wegeent C. Wheeler called but not examined is chief.
Crow examined by Colonel Crawley—l was corporal of the
guard over the swaeant•major in the second bungalow. The
eentries had orders not to follow him into his bedroom.
There wee a screen between the place where the sentries
were posted end the bedroom, and when that SWIM wee
drawa the sentries could not me into the bedroom.
• • •

Trivet. J. Adkio deposed—l have been 20 yeah in the
6th Dragoon!. I knew the late Serpent-Major Lilley from
the lion he joined the regiment till bis death. He was well
nomad in the reeposoot, and was a had-working man. I
was sentry over him twice is the first, and once in the
mecood bun ow, the first and mooed time between the Ist
and 12th Me , end the last time oo the 22nd Hay.
Witco's kis orders. which did not differ from
those described in the previous evidence.
Cross-ssamised—fiergeaallajor Lilley once made a com-
plaint to toe on the subject of posting the sentries. I did
not repeat the complaat, because be wished me not I
asked him if I Magid do so to the magma al the guard.
Ho maid no ; be was going to the court io a few days, and
would make the complaint himself.
Private W. Alfroy, in reply to the prosecutor, stated
that the late sergeant-major was respected in the regiment ;
and the miasma haring no questions to ask in MM.
examination, he withdrew.
Private Edward Bevan was called, and was creem-m-
-mined, there being no examioetion in chief. There was
but one quartos asked, to which he answered that be was
entry over the late sergeant-major, and could not see into
the bedroom unless the cortaio was op.
Private J. Adkin was re-ailed by the prosecutor.
You have bees asked what Sergeant-Major Lilley said to
you when you were sentry. I wish you to state to the court
what pared between you and the sergeant-major at any
time when you were sentry.
Colonel Crawley—l am advised to object to that question.
and will state the reasons in writing. The reams is sub-
stance were that the quake was a complete departure from
the acknowledged rules of 'ribose., and if allowed would
lead to the unrestricted admission of hearsay "widows
. .

_ _______
;rs;ciesiiai;le to avoid dismission,
as mush as possible before a court-martial, would alter the
question so as to meet the objection. He inked the witness—
Wee Mrs. Lilley at any time to your knowledge unwell
during the time you were on 'witty ?—Tee.
State what you saw the t.major sad his wife do
on that occasion.—about -part eight II was as duty
between eight sad ten o'clock) I saw Mtn Lilley dusting the
things in the verandah '1 The sergeant.major told her she
was not to be knocking about in that way ; it would do
her harm, and in a few minutes she fainted on the sofa, sad
the sergeant-major gave her some soda water aud after.
wards some brandy three times. Twice she threw up the
lamely, bat the third time it remind on her stomach.
That was in the first bungalow.
Did Mts. lalley know you were on sentry, and did she
do anything in eonsequeses?—f do not know whether she
knew I wee as sentry thee, bat she did once before. She
asked the sergeent.major wbo it was, and be iumwered it
was Adkin ; she then said she would come onteide, se she
did not care about me, for I was a married man.

-itivate R. Brabrooi ;tiled, but so question; were asked
in the 41111111i11111100 in chief. In ereasexamination he said
be was posted over the serpant•msjor once lianas the
arrest. Saw Yes. Lillev on that ocaasion sitting in the
verasdalt with her husisni Never sw her in her bed-
_ . _

Prints Thomas Amoy having bees sworn, said be was
posted entry over Sergeant-Major Lilley in the second
boorslow.
(Witmer described the orders he received as already de-
tailed.)
Is

he added that it was about the
22nd May when he was sentry. He could not see any
screen separating the outer room from Mrs. Ldley's bed-
room. He could not see into Mrs. Lilley's bedroom.
Private J. Bryan deposed—l was the sergeent-majer's
servant, and was in his service while he was confined
in lb* second bungalow. His things were all exercised
by Me sentry when I went to fetch them. fiergesnt-Major
Lilley complained to me while I was with him, and said be
was very seny for what had happened to him. I have been
aloe years in the service. The sergeant-major was respected
in the regiment.
Cress-easunined—l did not consider that the sentries
where they were posted were any annoyance to Mn. Lilley.
There was a semen across the lame room in the mooed
bungalow. It was left by Sergeant-Major Galloway, who
had occupied the bungalow orevionely, and who lett it
there for six days, until Serpeat-Major 'Alley got a screen
of bis own.

The snarl adjournment for refreshment here intervened,
nominally for half an hour, but soother long consultation
lengthened the @nape:mime of the proceedings to upwards of
an hour and a half, when the court resumed.
The official Prosecutor asked that the officiating Judge-
Advents might be allowed to read out what took place on
Monday last in referee°, to Colonel Shute's crom-examies-
Coe, and also whit occurred on Tuesday, the lit December,
on the same subject.
The officiatieg Judge-Advocate read from the summer
reports (by consent of both parties) the questions sad dis-
cussions as to whether Colonel Shute had received a letter
hem the Horse Guards coeviryieg a censure as to the con.
Mks of the 6th as while under his command, as
ratiLis tte preemaiega of Monday sad Tuesday last.
IZ.I H. Hereford—Mr. President sad gentlemen, there
appears to be some misapprehension about this matter. It
was decided that the prisoner should apple for the letter to
the Judee-Adeteatefeeeral, that letter to be produced as
part of his evidence. What has happened is thee—the letter
has bees sent to me by the Judge Advocate-Oemaul, but
accompanied by • hotter from his explaining that the *ow
unicstioe in question was confidential, and that its pro-
duction would be detrimental to the public service. Under
these circumstances it cannot be laid before the gout ;

[TWOPENCE

bat if the court is still of °pia= that the
inquiry is telecast, the prclecution 'inbuilt that it mast
poised without the production of the letter • at the same
time the prosecution respectfully submit Limit it is cot
relleinat. _ . .

Tiriresideat—When the court decided that the letter
was missies to the chugs, they were Dot aware that it was
a coalideatial oorerauaicatiott ; basin shies learned that it
was, they hare decided that ft cannot be read.
The Primmer—Ain I to uudentand that the court decides
that lam sot entitlad to Calleilli&Mille Colonel Schub'
at all? . . .

-11mPresident—I I is not ctistonnuy in military tribunals
whoa 'Titters is brought to character to eauxiso the wit.
acs ma any other poiota.
Sir A. Hordord—ll I am not mistaken the evert &sided
*eery before yesterday, that though it w neet usual to
crose-examine a witness called to chancier only oa other
MUM , Yon was so legal objection to Niguel Schur
Wag subsequently so examined.
The Prtemt—That is to character only.
Sir A. Horslord—No •
The President -Theo, Moseale Crawley, you may MOP
modal Colonel Schur.

Colonel Crawley-1 do not wish to do so now, but On
another 00014041 whom we have leisure.
The Prerident—You ware very ansimui to do so yesterday.
Goland Crawley—Bat that was on the au lion that
the leMer would be produced. New it would M more con-
venient to deter it to another time.

icUte is here today for the
purpose of being mom examined, end it would be very in-
oonvenieet to bring hint does sgais.
The Preatrisitt—lt ie rim user earithitt be should be

--113.iidterilifiyhe-Coart win sadly enewelead that
their &elicit has taken ma entirely by =B, toPlaildl
sit 7
the prosecution made no &Ruston yes yto an sue*
°Osaka u that they now rely upon for wtlhlo7d the
document in question. I distinctly gathered from Nees that
the letter warn to be produced, and I must now ItWally
ask time to 000sader what °ours* I may be advised to take
nada. the eifentlatanOeS. If the letter had bees pr!datted
. . •

all farther eromamminatios might have been 11111piresoms
bat it Is sow for me to essallor IllissUisr lb
is for aso to pat other guntficas to dip wit-
ness which may ho open to the same objedisa which
Dow deprival me of the benefit of that Isfaer, and by
which I might show what was the state of the Inaiskilling
Dragoons when I first took the oommand.
The President—You have the peesabrisa dthe Omni to

croareniandne Colonel &huts, but the court wall peevent yogi
going tab sew matter. We are here bound to decide ao-
oording to understanding and aocceding to the costonts of
war. We cannot be bound by the aloe leasieslities of
civil law. The prisoner, if he slalom to ercasoundite Colossi
Sainte, Twit do Ina DOW.
_ _ _

if/COneloen;ricirwe-loanoot do no now, for I sealant scro-
ll Wail •
Bir A.Hanford—The prosecution winks over tolnorrow
or the next day, and then we shall have no authority to
recall Colonel &huts. We shall not rash him afterward*.

Th. detained hers natiace prose -
cation is over.

--i..Ofoiiell.inwley—As the prosecutor says that Colonel
Schute is to be maesomintieed now or not at all, I most re-
spectfully decline to cromozainine him.
Sir A. Horsford—We are anxious that there should be
so farther mimederstseding in the matter. Oelassl Sainte
is here ready to be cross-examined. The oourt do sot con-
eider the Mate of the Inniskilling Dragoons previous to
Colonel Crawler's joining it at all relevant to the preeset
*May, and if that matter is gooe into, we do not propose
to re-examine upon it. We offer no objection as to the time
when Colonel &Mate shall be cross-examieed, bat tire
entice wish so state that when all their flamer atoll have
been examined, the court must be either &dimmed, or Co-
lonel Sebald@ crose-examination then proceeded with.
The Presidest —Colonel Sainte will be cleaned hers until
the case for that prosecution is finished, wham be me be ex-
andeed if the prisoner wishes. If the pekoes, chooses to
all him se a witness on kis own side that is another matter.
Colonel Crawley—TM/course taken by the pressention is
Moult to undenanod, and by the last murk of the (Acid
nonsmoker they deny the relevancy of an inquiry which the
mart be. decided is relevant. Yesterday they said that
Colonel andante would be recalled and their t ful-
filled—that eut having reference to inquiry to
which they now dewur and to nothing else. trader the
eircumstances I must request to postpone my declaim as to
the mune I shall puma in reference to Colonel Sohute's crass.
examination until to-morrow.
_ _

TM Court separated, and it being now lour o'clock ed.
joarned till to-morrow (thls day) at ten.
Amoogut the audience today ware Colonel Somerset G.
Calthorpe, Major ll'Orcegh, Colonel Bentinck, Colonel
Pitcairn, Major-General Awahe, Mama J. Thompson, 72ed
Highlaoders, sad Repave, late lltle Dragoons ; the Bev.
J. Ballantioe Dykes, of Handly Rectory ; and the Rev. F.
G. 80spleton.
AUTHORISED LAW REPORTS.

In compliance with a requisition very nume
rously signed by members of the bar, the Attorney-General
invited as* body, by circular, to attend a inseting yesterday
for the perpoes at ascertaining their opinion es to the exist-
ing system of law reporting, with a view to AS aineadment.
The meeting took place, by permission of the treasurer, in
the dieing-bell of Lincoln's-inn, wldek wee crowded with
barrister, practising in both law and equity court. The
Arroaner•Gtimara. occupied the chair, and was supported
on the platform by Sir flugh °sires, Sir F. Kelly, Mr.
Daniel, Mr. X. B. Denison, Mr. Shapter, Mr. Macqueen,
Mr. Bezalgette, Mr. Hobhouse, Mr. Selwyn, Mr. Giffard
and others. _ _

Yr. Daxm, proposed the following :—"That in the opinion
of this meeting the present system of pepanog, editing,
and publiAing the reports of the judicial decisions in this
country requires ammd men t."
Sit F. HILLY seconded the resolution.
During the discussion which followed the meeting exhi-
bited emus of impatience, and Sir Roundel Palmer had more
them mos to suggest that time would be saved by allowing
speakers to proceed.
Mr. W tango submitted an amendm :tit to the effect
that the whole subject of repot tin„ without prejudice to
tbeesent system, should be takes into consideration by
a committee of the whole her.

Mr. Dirsuar wooded the amendment, which was nega-
tived by a ainsiderible ma' ty.
Mr. Wnrias proposed the wiriest el the words
" reqtdres amendment," aad the mtbentution of the words
"is liable to objection, and it is desirable to ascertain
whether ea amendment thereof is practicable."
After some discussion this amendment was also rejected.
Mr. Inc' expressed the opinion that the question with
which they wee dealing was merely one for the bar and for
the solicitors—that the general public did not we about
these reports. The profession had good reason to PO con.
tent with and bad nothing to find fault with in the present
system. (" Oh. oh," and " Hear, hear.") There were
report. adapted for every purpose, and they were correct,
expeditiously prepared, and cheap—fulfilling, in fact, all
the conditions which Mr. Daniel had laid down, with the
exception of siogleuess, which was not requisite wept as the
means of securing the other objects. They must also bear
in egad the question as to those interests which during the
last thirty or forty years had grown up ands the system of
competition.
The resolution was then put and carried.
Sir H. CAIRNS proposed "That a committee of members of
the but be appointed to consider the best means of reforming
the present system of preparing, editing, and publishing the
reports of judicial decisions, and to report thereon to •
future meeting of the her." In reference to what Mr. Den-
man had stated, that those who supported the first resolu-
tion committed themselves to some definite and foregoes
conclusion as to what should be the amendment proposed,
he begged to disclaim any such intention. (Hear, heir ) It
would require a great deal of argument to convince him that
Fsystem ought to be adopted which would create a mono-
yin the sense of preventing the free reporting of judicial
maws, and it would require even greater argument to
°Gamines him that the duty of reporting should be placed in
the hands of the state. (How, bear.) It might very well
be that after this committee had inquired tote the natter
they might come to a conclusion that they were not
able to easiest soy remedy for that which
they all felt to be • defect in the system
Still it was worth trying. (Hear, hear.) It might be that
the decision of the committee might be considered to Cap-
tain elements of evil ea great as in the present system,
but that should not deter them from doing their best to
improve a state of things which they all agreed was un-
satisfactory.

The motion WU preceded by Mr. Mein*, who also
disclaimed any intention of pledging himself to any parti-
cular proposition. sad metered his dissent from souls of
the suggestions cemented in Mr. Dealers pemphlet.
This resolution having been carried, a further proposi-
tion was submitted and adopted, to the effect that the
committee should cousist of aunt geallerneu within the her
and twelve of the outer bar, and that the twelve of the
outer her should be made up of five common law barris-
ters, five of the Chancery bar, and two oisaveyan.....ers.
Amongst the wettable' appointed to nerve ea the commit-
tee were the Soliciter•Genercl, the (Queen 's Advocate, Sir
P. Kelly, Mr. Malmo, Mr. M. Smith, Sir H. Cairns, Mr.
fielwya, Mr. Deena, Mr. A. Wills, Mr. G. Sweet, cud Mr.
C. W. Hastiags.
A vote of Skulks was then accorded to the Attorney.
General for presiding, and the prooesdinp tarsaiseted.

Di. DR JONGII'II LIGHT-BROWN COD LIVER OIL
—Hoehn.. and ail who know the pertb attending the early
years of childhood, yell be Interested en the following °beers a-
Hone by Thomas Hunt, Rau, Hit Hi the " Medical Tunes
and Gazette :" " to badly nourished infanta Dr. de Joneki nU
Is invaluable Tie rapidity with which two or three teaspoon-
luta daily will fatten • young child is astonishing. Children
generally like the unite of Dr de Jonah's Oil, and when It Is Oren
thew often try for .ones."—Sold only In evaded bottles.
is. Id., M. ad. , and W., by U.. de Jangle's agents, Mesas.
and 00.. 77 Strome, London, and cher•leta.--(Adeer.
electoral]

Zhe erprefsfi.

TO CORRESPONDENTS.

Averthemote totQZ tat ..iltel4e;;" Leedom Treatai
Taqr, must be et the calm 1A Botteerleotoest, to Two
o'clock on the day of thilleatiew

00PlINTAAIDEv.

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LYCEUM.

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LONDON, THURSDAY, DECEMBER 3.

Ws hope that the prompt disavowal of the
pseudo-official pamphlet, "Napoleon 111. and the
" Congress," and the absence of irritating articles
against this country from the columns of the in-
spired pram, may be taken u evidence that a truer,
judgment is beginning to prevail in France respect-
ing the reasons which have determined England to
have nothing to do with the EYPI.B.OR'S magnificent
scheme for remodelling Europe. The thought
that a disposition of hostility to France lurked
beneath oar reply to the Emblems's invitation, is
one which could not be entertained by
anybody acquainted even superficially with
the feelings of Englishmen. If there is one thing
certain in contemporary politics it is, that the
desire of our countrymen of all ranks, classes, and
opinions is that not only the -peace but a good
understanding may be preserved between the two
countries. We believerthat the feeling was never
more profound or unanimous than during the m-
cent period in which the public opinion of
England was urging the Government to decline
the RYPIRON'S proposal of • Congress. We are
equally satisfied that the interests of the two
countries require that the conditions on which
their Government& can act together shall be tho-
roughly understood, and their limits frankly
recognised. Mistakes and delusions on this subject
can only lead to vain expectations and ultimate
disappointment, and disgust.

The objection to the proposal of • Congress which
weighed most with Englishmen was the uncertainty
which appeared in its every aspect. All great
enterprises are attended with more or less risk of
failure. But it was not merely that kind of uncer-
tainty which weighed with us. An eminent French-
man has expressed the opinion that the Faerzsoa's
proposal did not succeed because his policy in this
business was ideal while the English character is
practical. But neither is this the whole truth.
We trust we are not foe ever doomed to reject
proposals originating in great ideas. The fact is
that in this case we were never in a position to be
sure what were the ideas which would govern the
action of France. A fair and moderate guarantee
would hays sufficed for us. There was • time
when the policy of France was elucidated and
publicly defended by the best intelligence of the
nation. The press was free, and the Parliament
was a power in the State. One had only to read
the Paris journals to trace in the discussions of the
Chambers and in the essays of accomplished poli-
ticians the growth of opinion and sentiment, and to
perceive whither the policy of France was tending.
Our neighbours, who improve everything, have got
rid of that system, and now prefer to have their
affairs managed by • knot of clever, versatile men,
who work in secret, and ,from time to time
electrify the world by the sudden 111110132100-
meat of vast schemed of change. This system
fumed' to admiration. It pleases the masses ;it
has enriched, and indeed created, new classes of
Parisian society ; it increases the power of France
in the world. But one thing it fans to do ;it
cannot inspire confidence in French policy abroad.
The Emerson's proposal came upon us as • sur-
prise, and we promptly paid the appropriate
tribute of astonishment. We should have been
more likely to accept it if we had become gradually
familiar with it as we booed its origin and growth
in the mind of France.

The French journals appear to take it very 11l
that the action of Austria has been conformable I
to that of England in reference to the Congress,
and M. EMILE DE GIRARDIN has spoken of "the
" complicity and subordination of Austria " in '
the matter. A vivacious writer who has just
proposed that France, finding it impossible
to deliver the Poles, shall enter into a close
and exclusive compact with their murderous
oppressor, is not exactly the man to appre-
ciate alliances formed on similarity of prin-
ciples. If England finds herself on the side of
Austria, or finds Austria on her aide in this
matter, the fact would seem to be suf-
ficiently explained by the common interest which
the two Powers have always avowed in
the maintenance of the faith of treaties, and in
their common &ace of an adventurous policy.
There is, however, no reason to deny that the
tendency of English foreign policy is to a closer

approximation to Austria than the different cha-
racter of the two governments has hitherto
permitted. We are a progressive and liberal
as well se a conservative nation, and Austria
is now, all things considered, one of the most
progressive States in Europe. Since Piedmont,
in the later years of CHARLES ALBERT'S reign, ex-
changed absolutism for parliamentary government,
there has been no instancein Europeof a reform so
deep and comprehensive in the whole system of the
State as that which has been inaugurated and
brought into operation in that empire during
the last three years. Austria Nemeses not
merely the shadow but the reality of parliamen-
tary government. The Reichsrath exercises an
effective control over the policy of the Government.