The Express.
London, England, 1863-06-22 00:00:00

--The Lord Chief Justice raid he did not coosidtr it
relevant

MT. Coleridge mid he would not pones it.
Colonel Henry Hervey was called. Re had been 323,ten
in active service. He was now out of the service, and eui
brevet.colonel. He bad served in the 73rd, the 82ed, the
52nd and 95th regiments. He had had great anp,
with regard to the internal economy of reximeota The ,;"
meetings for the audit of accounts were generally held
six months. Other mess meetings were convened br ;be
cornmandiog officer, to take into consideration the imaeg
of guests, &c. Therein no fixed rule for holding mess test.
tugs. The illness of the pap:meter would be soft ,ot
MOM for not bolding mem meeting' ; and 40 would the
actual non formation of a meat. Entertainments to gam,
were paid for out of the mess funds. But extraordiraq",
tertainrcente, such 'waiving &belt, that would be paid fal,,
the oaken. A ooloar luncheon, if there was I lirg, f.,81
belonging to the regiment, and the colour and other 0U,,,
consented to allot a certain portion of that fund to •,1,,
LITZ%, mbe done. ln the cases where the
not ht
paid, the money should be paid by thelt*
seriptions of the °Moors.
Cross-examined—le wee the duty of the reload to ite
that the mesa accounts were audited.

Colonel James had been 'Si years in full service ibj Iq
years as a field officer. He had been is the 21st Paul.,
the 89th, 84th, and 63rd Regiments. He gave
evidence as to the holding of maw meetiop for the auL
of the amount+ They were generally audited I,
colonel, the adjutant, and the mess President
the duty of the inspector of the regiment to ete„
into the state of the foods, and if he found az,
misappropriation of the funds to report it. The expel,. of
the entertainment on the presentation of colours was Aid
out of the mess fund. Usually the full general or co; tel
sends a donation, and the balance was taken from the f.z4.
He did not think in this case there had been a misappnx.
alien of the funds. In many regiment+ the wine amount..
sot kept separate, bat in all eases the amount was cella*
monthly sod paid over. The subscription should be it 0,
cues more than wee required. Removing an officer ire
the command was considered equal to ►n arrest
Cross-examined—But not so if it was stated
presence was required at the Horse Guards. It
was the duty of the lieutenant-colonel to prereet
debts. He never beard of the colonel having been sued for
the debts of a regiment, and it would be a great disgrorto
the lieutenant-colonel to permit it, and more in the cart of
a fall colonel.which was an honorary appointment. The fad
of a line regiment ought to get rich by the subscripting al
the officers. The lientenanteolonel report. to the is.
specter the internal state of the regiment, and be repel
to head-quarters.
By Mr. Milward—lt was not anal for the full colonel to
interfere.
Re-examined—ln the case of a militia regiment ten
suddenly disembodied, and the officers not pane( the
ecriptioos he should not think it a disgrace for the cr,kod
to be sued, or if he refused to have the kit sold.
Mr. G. W. It. Wainright, solicitor, Mil engaged by
Mews. Sharps to sue Lord Wilton. He had no oomuwt.
cation with Lieut.-Colonel Dickson when he °ripen,
brought it. He maw him when the case was about to one
an for trial to obtain certain letters. Lieut.-Colette' Dick
sou refused to produce them, but he was told he wield
have to produce them on subptens. It was after he id
rued Lieut.-Colonel Dickson for the amount.
This closed the plaintiff's case.

COURT OF EXCHEQUER.
Minds at NW Prins at Westminater.—(Before Lard Clef
Bum Pollack and a Special Jury.)
THE CASE OF THE " ALEXANDRA.'

TIE ATIVERZY-GICIRIAL V. RUIZ LSD mans.
This important miss having bean fired for this morning Ye
court wsr very much crowded.
. .

Eight specie 1 jurymen answered to their Ili=ON La,
consent the number of 12 was made by common jurymen.
This was an information by her Majesty's Attanej.
General, claiming the forfeiture of a vessel called the Ala•
andra, from various causes, under the Foreign Embalms,
Act. The defendants pleaded that the vessel was not In.
felted for the oAltelel alleged.

The Attorney-General, the Solicitor-General, the Qua,
Advocate, Mr. Looks, Q.C., and Mr. T. Jose. wore cowed
for the Crown, sad Sir H. Cairns, Q.C., Mr. Kanlake, Q.t.,
Mr. 'dollish, Q.C., and Mr. IComplay appeared for the do-
fondants.

Mr. T. Jones opened the pleadings.
The information was laid by Sir W. Atherton, fattener-
General, and the first count charged that, "at Ratelif,
the county of Middlesex, a certain offices of her Majuos
customs, to wit Edward Morgan, then by law empowered
to do, did seise and arrest to the nee of her Majesty as fa.
felted a certain ship or vestal called the Alexandra, togglr
with the furniture, tackle, and apparel, belonging to, ini
on board the said ship or vessel, for that oertain. perm,
to wit, William Cowley Miller, Thomas Miller, Chola
Kuhn Prioleao, James Thomas Wellman, Eugene Tete,
James Bullock, Matthew Butcher Hermann, James Si",,c,
Henry Berthon Preston, Jacob Willink, David Wilmot, /ha,
Wm. Thompson Mann, end divers and very tinny other pence
whose names are to the said Attorney-General at present
known, heretofore and before the making of the said seam
manner the 3rd of July, in the year 1819, and Worsts
the 25th of May, in the year 1863, to wit on the sth of NM,
1863, within a certain part of the United Kingdom, to Si
Ratcliff, in the county of Middlesex, without any lease x
license of her Majesty for that purpose first ha I al
obtained, did equip the said ship or vessel with inset
and in order that such ship or vessel should be ec•
ployed in the service of certain foreign states, strrg
themselves the Confederate States of Amers.
with intent to cruise and commit hostilities ague
a certain foreign state with which her Majesty md
not then, to wit on the day and year last aforesaid, at
wit the republic of the United States of America, coetray
to the form of the steatite in such case male and provided
whereby and by tome of the statute in that case made oil
provided the said ship or reseal together with the said tar&
and apparel and furniture became and was forfeited." Thee
were in all 98 counts, but, with verbal alterations, they
were of similar effect to the fleet.
The Attorney-General, in his opening statement, said thit
though the Foreign Enlistment Act was pureed in 1819, el
though various proceedings similar to the present had id
commenced under it he was not aware that until to.d..y ifY
case of the kind had been brought to trial. The act o
queation ma passed to prevent the enlisting of her *WO
subjects to serve in a foreign service, and the fitting oat
equipping in her Majesty's dominions vessels of war for a
purpose without her Majesty's consent. Under this sot .to-
sel called the Alexandra was seized in Livcrtoa
in April last on grounds which, if edabluarl.
would make out a legal forfeiture. After the seizure row
gentlemen at Liverpool, to the number of five, who
amd
on there the business of iron-founders, under the um of
Fawcett, Preston, and Co., claimed the vessel as they
party, and, according to • prescribed rule, they were cent. 4
to enter an appearance, and thereby they put on the col
the burden of proof u to there having been sufficient card
under the act to justify the seizure and the forfeiture. N
Foreign Enlistment Act was pawed ate time when bostilts
were actually going on between Spain and her revolted v.'
Dies in South America, and it repealed two previous emus
the 9tb George 11., aod the 29th of the same reign, biud
which had • narrower scope, as they related only to in
enlisting of soldiers to serve in the anny of any foref,
powers. Under these two acts the offence was mei,
felony, punishable by death, and in consequence vi ult
severity of the punishment no conviction could possibir*
obtained under their provisions. Accordingly the f.riere
Enlistment Act was passed, and it not mere
applied to the enlistment of men, but al-:
the equipping and furnishing a ship to be eni,..10
in the service of a foreign government against other gird
at peace with the English crown. It also reduced tire
offences to • misdemeanour, and instead of the puoirhut
of death it substituted the forfeiture of the ship nod id
iestaunes fine and imprisonment. The present cue aro***-'.
of the unfortunate hostilities which were now going °c
the government of the United States and certain Sir'a
which were formerly willing members of the Union.
were DOR called the Confederate States. Previous t,
Foreign Enlistment Act the government of the
States of that day applied tbemsolvee to devising legidv
provisions on this subject, and in 1794. and nrilo
Congresa passed sets cootainiog provisions similar 10. ma'
incorporated in the English act. In fact England eagle. re
said in passing that, act in 1819 to have followed the ri
ple of the United States. The learned counsel lie]
stated that in May lent her tisjeeti tw't,
• declaration of neutrality in regard t., the
in America, in which all British subjects to'
warned to observe the provisions of the act• He to'
referred to the rumour that vessels for the Confident'
government were being fitted out at Liverpool. lutd,
that though they were not there to try the cue of
Alabama it was • matter of history that th..t yodel
cured at Liverpool. that she left there without
armament, that she subtequeutly obtained an ainison::l;.!
the seas, and that she then became what she now av, e.
t
was vessel of war in the service of the Coofelatf
States, • character which she had vindicated by
surest or sparing interference with the shits .cod ciordc.,
the United States. In consequence of a corninnni,,-erlt
to the English executive by the American totem
meet acid information received from their
officers the Alexandra was seized in the Tostelli
Ice i
Liverpool, io April last. The Alexandra wen
yard of Messrs. Miller, of Liverpool. and after the 1,"
in March, was taken up the river to Toxteth lawk
completed. Her burden was 120 toes ; she wu go";
built of teak, and was evidently intended for warlike U.
pones. The Attonney•General then handed to the
photograph of the vessel, and said that while helm! !„
she was constantly visited by Captain Pullen and r
Teenier, agents of the government of the Cenfoo—