The Express.
London, England, 1863-11-17 00:00:00

UISDAY EVENING, NpVEMBF#I 17, 1863.

THE COURT•ItEETIAL ON COLON*
e. s.. CRAWLEY.

(►HOY OUR OW siromi.)
ALDERSHOT, MONDAY NIGHT.

The preparations for the official investigation
ordered by the Horse Guards into the charges spinet
Colonel Crawley in relation to the proceedings at the
/dhow oeurt-martial, and the death of Sergeant-Hajor
Lucy, were not completed till a late hour this thermos.
In 'electing Aldershott as the locale of the inquiry the an-
thorium no doubt, have exercised a sound discretion.
Colonel Crawley's offences, or rather the offence' charged
against him, though heimous in a moral point of view, and
involvisig so serious an infringement of the natural
social law, are, nevertheless, purely of a mili-
tary character, having regard to the circumstances
under which they are said to have been own-
milted. They must consequently be judged of by the mill-
Lary etealard, and nowhere perhaps could that standard he
more strictly sad fairly applied than at Aldershot; the
great military camp of the patios, where every branch of
the army is largely represented, and where the entire con-
stitution and tom of society is military. At all events,
Colonel Crawley can have no cause of complaint in the im-
position of the tribunal by which he ie to be tried. He will
be tried by his peers, and his peers is the perticalar pro-
fission to which he belongs—an Meader, if it be one,
which very few persons who are errainmid for either crimi-
nal or civil offences enjoy. His judges, as b always the ease
in military inquiries, and ales the jury, consist entirely
of general officers, regimental colonels, or officers who
are at present in actual (*annelid of regiments, and who
will therefore neoeseirily be practically acquainted with
the difficulties which a regimental commander has in up-
holding that discipline for the maintenance of which he is
respoosible. The court, which will open this morning
at 11 o'clock will comist of :—President—Lieutenant-Gene-

ral Sir George Augustus Wetherell, K.C.B. Members—
Major-General John Lemmas ; Major-Gemara David
Resell, C. B. ; Major-Gemmel Randal liteunley ; Major-
Gonna Edward Cooper Hodge, C.B. ; Colonel Robert
Wardlaw, let Dragoons; Colonel Gloucester Gambier,
C. 8., Royal Artillery ; Colonel Hon. George Talbot Deve-
reaux, Royal Artillery ; Colonel Thomas George Alexander
Oakm, 12th Lamers ; Lieutenant-Colonel Charles Sawyer,
Bth Dragoon Guards; Lientenant-Colonel William Wynne
Lodder, 59th Foot ; Lieutenant-Colonel John Neptune '
Sargent, 3rd Foot ; Lieutenant-Colonel Somme Gambier
Jsnyne, C. 8., 13th Mows ; Lieutenant-Colonel Hugh
KWIC, Jams, 73rd Foot; Lieutenant-Colonel Francis
Dwgies Grey, 37th Foot. Officiatieig Judge Advocate—
Colossal James Leonard Pipes, unattached. Prolocutor
Colonel Sir Alfred Horsford, H.C.B. The prisouer will be
insisted in his defence by Mr. William Vernon Harcourt.
Most of the °closets in thin list are in the camp in cam-
mend ef their regiments ; bet the general officers have not
yet all arrived. The withers., most of them belonging to
the Inuiskillinp, hays been here for wend days, and are
quartered, to the number of over 130, in the South Camp.
The court will be held at the Club-bona' just below the
Royal Pavilion in the main turnpike road running from
Farnborough to the Camp—the only building is the locality
offering aril thing like the necemary monist of scemimoda-
Moe. Hers, loader the direction of Colonel Armstrong and
Colonel Clifford, of the Quartermaster-General Depart-
ment, every provision which the limited specie at their com-
mend admits of has been made. Although the piece has
more the appearance of a tent of many empire-
meats then a court of law, the first gismo shows that
the arrangements have been made with a careful °maiden.-
ties ef the convenience of all parties who may be led either
by duty or curiosity to attend the proceedings. The press
have been especially considered, and so far u the capabili-
ties of the building and the requirements of the court, the
parties is the case, and the wituesres, will allow every provi-
sion has been made to afford its representatives aL 11•0004.
bait facilities. As might be expected the inquiry excites
peat interest in the camp, sod the "court-martial" is the
great topic of conversatioe.

PROCEEDINGS.—(THIS DAY.)
(ay ammo Tamura.)
(raox 001 OWN CORUBPOBDZBT.)
ALDERSHOT, TOZISDAY Ammon.

The court opened this morning at IL
Colonel Pipon having read the correspondence
respecting the appointment of the court, Colonel
Crawley intimated in reply to the officiating
Judge-Advocate his willingness to be tried
by the president and members as ap-
pointed.
On being asked to plead to the two
charges, Colonel Crawley claimed that he
ought not to be called to plead to
charges which were so limited as to prevent him
from going into tho subetantial merits of the case,
and the grounds for the acts of which he is ac-
cused, and which left him in ignorance of the
endue severity mentioned in the first charge. He
also read his communications with the Horse
Guards as to an enlargement of the charges.
Colonel Hondord held that the charges were
sufficient in law.

The court after considering decided to proceed.
Colonel Crawley pleaded " Not guilty" to both
charges.
Colonel Horsford then proceeded to state the case
for the prosecution.

TEE LOSS OFWITE "MICA STEAMSHIP.
The following is tleffeilleial report to the Board of
Trade relative to the loss of this vessel : *

My Lords,—l have the honour to report, that I have. in
conjunction with Captains Harris and Baker, the nautical
assempors of your lordships' board, held en inquiry into the
casualty which occurred to the steamship Africa, off Cape
Race, on the 12th of October last. 'The Africa is a paddle-
wheel steamer, built of wood, at Grimm* in 1880, of 2,228
gross and 1,216 regidered teensy, and of 800.horee power.
She is the property of the British and North American Royal
Mail Steampackis Compeer, and wee under the command of
Mr. James Stove, who bold a eartillesate of competency as
maths, dated Jan. 7, 1851. Rs bad • crew of 130 Mode,
all told, and wee is every respect thoroughly equipped. The
Africa left Liverpool October 3, carrying the mails, 125
cabin pasesugem, end a general cargo, homed for Halifax
and New Toth. After touching at Queenstown on the fol-
lowing day aro sailed spin at 2.38 p.m. ; made the Tested
at 10.20 p.m., and thence took her departure on her voyage
to America. Obewmaions for latitml. and longitude were
obtained daily from the sth to the 11th ioclainve, sod up to
that date nothing comerred which eels for comment. At
noon of the 12th a good obeervatios was obtained for lati-
tude, which placed them in 47 11 N. ; but as uo sights bed
been obtained for the chrommeters, the longitude was oaks.
Lied to be 50 21 W. ; and Ceps Race was estimated to bear
S. 73, 26 W. tree, distant 112 capes. The weather at soon
m repressated la the log-book to have been strong from the
S.S.W. At 8 p.m., Mensaing whets and storm weather_
sea rides, and mil me elsortened. At 7.30 p.m. wind shifted
to W., and all sail was takes in. At 8 p.m.. moderating
breezes sad thick foggy weather, with pale. Prom noon to
6 p.m. the course steered was W. by N. I N., sad the speed
of the vessel will 121 hoots an hoar. At 6 p.m. the coarse
was altered to W. a N., sad so matrons& at a speed cif 11
knots an hour, until she sin& about 9.50p.m, somewhere,
probably, in the vicinity of the extreme point of Cape Race ;
but the axed position wee sever ascertained. Imme-
diately before striking, the master, who was an deck, data
that he saw a whitish Lim on the edge 01 the water on the
starboard bow, which he know could set at that memos be
ice, and instantly gave mime to pit the helm bard a star-
board. Almost simultemeady the first mate gave a similar
order. having sees dm some object, which wee elso at the
same time reported by the look-out men. The mend payed off
under her starboard helm two or three noble, whoa &Meth
the ground. The engines were then stopped, ad it would
appear from the evidence that she roadbed there for about
28 minutia, during which time her head payed off to port
Shortly after striking the water wee dmoorered to have tiledthe (ore peak, and also to have found its way into the engine-
room. The engines were moved slowly a-bead, which bad the
effect of earning her head mere to seaward, and the captain
having dimovered that the channel ahead appeared free from
danger, gave orders to go on at full speed, which was done,
and the vessel went off apparently into deep water ; but
; neither previoualy nor robsequeotly to the accident one the
lead used. After consultation with the chief engineer, the
captain determined to run for St. John's, Newfoundland, the
then neared port. In proceeding thither the vessel became
almost unmanageable from the injured Kate of the red-
der, and the gqastity of water in the forehold ' • but the
master eacoeeded, notwithstanding the stormy state of the
weather, is setting her into St. Job's en the 13th, about ,
2 p.m., and her in the harbour. After some repairs '
were effected by of diver; sad the construction of a
tank is the fore post of the ship, she sailed from St. John's
oa the 27th OK., and, slier a very stormy pamage actor the
Atlantic, was brought safely into Liverpool on the led of
November histaiot L should here mention that the
captain, who, at the request of hie legal adviser, was swore
to pro evidence, does not agree with the mate's entries in
the log-book as to the state of the weather on the evening
of the accident The terms he used to deneribe the weather
were, "dark sad buy, not few, a little rain occasimelly,
sometimes clearing up;" and the mats, in his evidence, dk-
claims any intention of implying by the (nary is the log
that the weather was what would be called " deem fog.
But the united testimony of the witnesses certainly goes to
prove that the eight wee very dark and thick, with drissling
rein ; and in isoofirmaties of this fact several of them
give it as their opinion that a ship's light might have
bees seen at a distance of from one to two miles. In my
opinion the stressed ladicatine of the dark and thick state
of the weather is the ciressestmes that the danger was
warmly sees before the ship *ruck. 1 mewl dimim the
question of discrepancy between the entries in the log-book
aid the widows of the witnesses without a word of com-
ment on the statement made by the Master, that he was
not is the MDR of =Amiens the log-book--• duty which,
lam informed by the amoson, he ought to consider as
incumbent on him both for his own proem-Soo
and for the benefit of his ambers, in ode of accident or
tom It is with regret that lam compelled to pronounce
the Master in default. By a reforests to the chart, and
from kis own evidence, the mums steered would have
taken him within six or seven miles of Cape Race, as.
"uplift that he had so lateral currant, as the compasses ap-
pear to have bees perfectly correct. This course, la the
estimation of my sessesors, es too fine in each weather, and
in a vicinity so aotorinualy dangerous. lam of opinion that
a cast of :be should have been taken about 9 P.m,
when the computed distance from noon had been run.
Thu precaution would have shown the captain that he was
not justified in assuming his position to be such as he too
confidently concluded, sod that instead of Wog, as he sup-
posed, 16 miles to the southward of the Cape, he was
in reality close upon the land. The neglect me
the lead under such circumstances, and the navigation
of his vessel at full speed off this coast in thick
weather, undoubtedly caused this accident ; aid after the
repeated warnings which commanders of vessels on the
North American stations have remised in reference to both
them points, 1 am boned to visit him with severe censure.
I confess that it is painful to me to do so is this, as in
other case, when the commander is • man of great expiat-
es:o ; and Captain Stone appears to have hitherto navigated
his ships in safety for 115 voyages across the Atlantic. The
remit proves that such a man even may get into difficulties
with I his expenence, and shows the Necessity which is laid
upon all commanders to me or Son in their power.
And why these procastioso be invariably used in the,
Royal filmy. and the reset of Wm ranted with most
enure penalties, while in the eteeeheat service they are so
frequently omitted, lam at a loss to sadentand. Is the
sentence which the court has deemed ft to be their painful
duty to pass on Captain Stone every coosiderratiou has boom
given to his long and hitherto successful career, and the count
has bone in mind his subsequent and laudable exertions ia
bringing home safely his disabled ship. This case differs
from °thereof a recent date in the fact that there has been
no loss of life or of the ship, and I have therefore felt justi-
fied in passing a lighter sentence. Bet I have, with the
lull concurrence of the nautical amemors, suspended the
*edifices* of Mr. James Stogie for six calendar months
from this date.-1 have, dc,
Nov. 12, 1863. T. S. Barron, Police Magistrate.
We concur is this report.
HY. Hillis' } Nautical Ammon.
R. B. Bum,

iiroxxiso leines Own tit vas Pzovirrcra.—
public losethig wee held M the Tome-ball, Derby, on
Thursday night (the Mayer he lin Mar), to hear an addreos
from the Rey. H. Solly, nerstary to the central modesty,
who attended by lanterns from the committee of the
Derby Working Men's Association. This associative was
originally founded b 7 the Rev. J. Erskine Clarke in 1867,
and has been of coesiderable use to • eery limited Dumber of
working men. It has been recently resolved to intrados*
more of the club element into it, and see if it could
not be made attractive to • ranch larger somber.
Arrangement. ere being made for refreshment, conversa-
tion, and smoking rooms • a large bagatelle table hag also
been procured, and a skied* alley is in contemplation. A
chooneme elms will soon be established, and other popular
churn are expected to follow. Mr. holly, in the course of '
his address, adverted to the slalom and suocessful labours
of Mr. Erskine Clarke on behalf of the working elanses,
especially to the peony-readings which had been so remark-
ably popular and useful in 1./erby, and bad given the origin.
sties impels. to moor similar undertakings in other places.
He otiosely urged the necessity and duty of making these
working men's societies thoroughly popular in their con-
stitution and general plans. apeman to the working men
themselves to labour for the good of each and of all In
moving a vote of thanks to Mr. holly, Mr. Erskine Clarke
spoke to the value of the hints gives by the parent society
in Louden to their association in Derby, and expressed an
sateen Lope that the latter was about to enter on a new
and greatly improved career of usefulness. The vote of
thanks was seouoded by Mr. Josiah Lewis, (a menu.
lecturer employing about 1,500 heads), and Mr/MA by ac-
clamation. The proceedings were brought to a close by •
similar compliment being offered to the mayor by Herbert
Holmes and Thomas Eastwood, and very cordially welcomed
by the minim'. Besides the above-named gentlemen there
were present the Rev. W. Griffiths, the Rev. A. Olivier,
M. A., Mr. Jones (clerk to the Board of Health), Mr. Lynch,
' and the Rev. Mr. Hyde.
I WORKING MEN CLCIR IN HARTINCS.—A pro-
I mining movement is on foot foe the establishment of one or
more working men's clubs in Hastings and neighbourhood.
A preliminary meeting was held oe Friday evening in the
Tempersoce-hall, Castle. road (kindly lest for the occasion), '
to discuss the project, when there were present about forty
persons including the mayor (James Rock, Esq.). W. B.
Lucas;thadwell, Fag. (of Falrlight-hail), Frederick North,
Esq., M. 1". (Hastings-lodge), Mr. William Ransom, Mr. J. T.
Dexter Ilan assistant-secretary of lb. Working Men's
Club Union), the Rev. W. Barker, and several lending
friends of the working &MN. Statements were made by
Mr. Lucas Shadiest and Mr. Dexter, and conversation em
sued, in which most of those present *nerd, and Mr. Dexter ,
p.. various explanations asked for by Mr. North and
others. It was finally decided to elicit the feeling of the i
working men of Nostrum, sad to hold mother meeting on
Wednesday next. From the current of opinion, it seems
probable that clubs will be organised at Wellington-square
and High-street, besides • youth's club. Another club is
projectel at Holton, with the infiumme and support of P.
F. Roberts" Esq.. late M.P. Clubs are not altogether
unknown io the neighbourhood, there hong three already—
at Goestling, at Winchalses, and at Rye Harbour—on the
estate of Mr. LocsioBlndwelL One was attempted on a
small male is the Old Town. Hastings, het year. under the
superintendence of Mr. Bock, seer. (fathere( the present
Mayor), and succeeded admirably in the midst of adverse

FRIO HOMPITAL, GRAVIFINN-ROAD.—The
number of patient' relieved at this haspita dories the week
eadiag N0v.14 was 3,026, of which 132 ware new cues.

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF EXCHEQUER.

Sitting; in Bonoo.--ißeforo Lord Chlot Baron Pollak oad
Baran Bramwell, Channell, ead Nett.

TUE ATTOIISrf•Gr-lIERAL T. SEWN AND 01111r.1- rut
OrIZCILI Or THE .11LECANDIU.

This was an information containing 90 emit* filed lry
bar itekiety's Attorney-General, with the view d obtaisiag
es the part el the crown Ile condemnation of the ship
Alemsdra, as well as of imposing penalties or linnet...m-
-=llot upon certain persons concerned io the lamippieg,
fitting out, or famishing of the ship, contrary to the pre.
ViiiOW of the Foreign Enlistmeat Act.

The cos was toted in this court at the sittings alter
last term at Warminster, before Lord Chief Baron Pollak
sad a special jury. The Unalaska four days and resulted la a
verdict for the defendants. During the present term tee
Attorney-Genstei obtained a role to show cause why than
should not he a sew Lisi, on the ground maialy that Pie
verdict was spier the weight of evidence, and of Medina
ties by Me karma judge in his summing up to the key.
As the preparation is founded os the 7th Peron
of the Foreign Enlistment Act, 52 George
chap. 69, we give that section is its entirety ,
" And be it further enacted that if any person, sheltie my
part of the United Kingdom, or in any pert of her Ma,esty't
doadnioas beyond the awn, shall, without the leave sod
Hams of his Majesty for that purpose first had and otrand
se efereprid, equip, furnish, fit out, or arm, or attempt a
sedravour to equip, famish, fit our, or arm, or procure to he
equipped, furnished, fitted out, or armed, or shall too,.
iogly aid, assist, or be concerned is equipping, fornhanag
fitting oat, or armieg of any 'hip or reseed with iiite4 or a
order that such ship at vessel shall be replayed in th•
vice of any foreign prime, state, or potentate, or of asy
foreign colony, province, or part of say prorates or people,
or of any person or perm°, exercising or assuming to encl.
case any powers of government, is or over any hasp
state, colony, province, or part of any provisos or people,
am a transport or store ship, or with Mime to cruise
err mean& hostilities against any prime, rate,
or potentate, or laminae the subjects or sierra of say
prince, state, or potentate, or against the pence. exercising
or seaming to exercise the powers of goverment in any
colony, province, or pert of any proviuos or imantry,ee
against the inhabitants of any foreign colony, province, es
part of any province or country, with whom his Majesty shall
sot the. be at war ; or shall within the United Kingdom,
say part of his Majesty's dominions or in any settlement
colony, territory, island, or pros, belonging or subject to
his Majesty, issue or deliver any commission for soy ship
or vessel, to the intent that such ship or vessel shall be em.
lamed as slumlord, every such person so offending shall
be deemed guilty of a medelasanour, and shall, upon
conviction thereof, upon any information or indictment
be punished by fiat and imprisonment, or either of them,
at the discretion of the court in which such offender shall
he convicted ; and every such ship or vessel, with the
Meer, apparel, and furniture, together with all the mate-
rials, arms, ammunition, and stores which may belong to err
be os bawd of any such ship or vessel, shall be for-
feted ; shad it shall be lawful for aay officer of
kis Majesty's customs or excise, or any diem
of his Majesty's navy who is by law empoweeed to mans
seism* for my forfeiture imurred mast any of the laws d
customs or excise, or the laws of trade and navigation, to
seise such ships and vesicle aforesaid, and in such plates sal
in such manner in which the officers of his Majesty's
oestorns or excise, and the officers of his Majesty's navy
an empowered respectively to make seizures nadir
the laws of customs acid excise, or under the laws
of trade end navigation ; and that every such ship sad
vassal, with the tackle, apparel, sod furniture, together
with all the materials, ants, ammunition, and stores, which
may belong to or be on board such ship or vessel, may be pro-
secuted and condemned in the like manner, midis Bonhomie
as ships or vessels may be prosecuted and 'oedemata for
any breach of the laws made for the protection of the re-
venires of customs and excise, or of the laws of trade and
irrigation."
The counsel were—For the crown the Attorney-Gmeral,
the SolicitorZerers/, Sir E. Phillimoro (the Quern's Advo-
cate), Mr. Iseh, Q.C., and Mr. T. Jones ; for the dare-
dente Sir H. Calms, Q.C., Mr. Kerslake, Q.C., Mr.
Hellish, Q.C., and Mr. Kemplay.
The court was .early half filled by members of the bar.
The Attorney-General formally moved to make the rule
absolute.

The usual practice of the judge reading his notes of the
evidence of the trial was, after a short diecussioo, dispensed
with, the Lord Chief Baron having intimated that .11 the
members of the court were folly acquainted with the whole
evideoce.

Sir Hugh Cairns said he had the honour to attend on
thepert of the defendants for the purpose of showing cane
against a rule obtained by the attorney for ► mew trial os
pounds which had been divided into seven ,htferent
heads. The first ground upon that verdict was again.: the
evidence, and the second , that it was against the weight
of evident% The fourth pound was that the leaned
Chid Baron did sot leave to the jury the quelled= whether
the ship Alexandra was or was not handed le
be employed in the service of the Coofederate Mates
to crumb or to commit hostilities against the Usited
States. The fifth and sixth grounds wars that the add
Baron did not leave to the jury whether there was say
attempt or endeavour to equip, Ice. ; and whether there
was, knowingly, any aiding, minsting, or being convened in
equipping. All these grounds were intelligible and delimits,
and could easily be met ; but others remained which did sot
bear that character. The third objection was that the
Chief Baron did not sufficiently explain to the jury
the contraction and effect of the Foreign Ealietnser.t tct ;
widths seventh, that he misdirected the jury as to the coo st ruc •
tics of that act. He could sot ►void saying at the outset
that those grounds which, as they win to be fond is the
rule, he was bound to suppose were is accordance with the
practice of the court, exposed to those who had to
show cause a task very dialectic to discharge,
because after they had all been heard they
were to expect arguments on the other side, of the grounds
and the nature of which they had not been in any way (*re-
versed. They were told that his lordship misdirected, or
did sot properly direct the jury, but upon grounds of which
they had no knowledge whatever. The ship in question, the
Alesaadm, was seised on the 6th April iu the present year,
in Toateth Dock, Liverpool. In order to show the
real issue between the parties, it was sufficient to refer
to the first count of the information. That count
eroded that the defendants and " many other persons
whore names are to the said Attorney -General
at present unknown, heretofore and before the making
of the said seizure. within ► certain part of the
United Kingdom, without any leave or license of her
Majesty for that purpose had and obtained, did equip the
said ship or voted with the intent, and in order th►t eon
ship or vessel should be employed in the service of certain
foreign states, styling themselves the Confederate States of
America, with intent to crudes cud commit hostilities against
a certain foreign state with which her Majesty was not at
war, to wit, the Republic of the United States of
America, contrary to the form of the statute
is such case made and provided." To this the &feu-
dant. pleaded the following plea And hereupon
Hermann Sillem and the other defendant. claim the pro-
perty of the said ship or vessel mile 1 the Alexandra, and
the furniture, tackle, and apparel heloogiog to and es baud
the said ship or met to belong to them, sod for e
plea to the said information say that the sail ship
or vessel, furniture, tackle, and apparel did not,
nor did may or either of them cr any
part thereof become, nor are, nor is the same,
or any or either of them, or any part thereof,
forfeited for the several supposed causes in the .a... 1 iofer-
m►tioo mentioned, or for any or either of them, in manner
and form as by the said information is charged.' The
issue raised was, therefore, whether the ship Vex-
mars was under the act of parliament forfeited f,,r all or
any of the causes mentioned in the information. The coons
which seemed to him most convention to follow is his arr,,,-
I meat was this :—ln the first place he would ask their lord-
ships attention, altogether apart from the evideeee, in the
case and from the charge of the learned judge who presided
at the trial, to what he submitted was the proper construc-
tion of the Foreign Enlistment Act as he found it io the
statute book. Theo he would refer to the evidence for the
purpose of dealing with the rule so far as it noted
that the verdict was against the evidence ; anal is
the third place he would submit to their lordships
the view which he took of the charge of the lamed
Chief Baron, and the objections made to it. The Inroad
coned thee read the 7th section of the Foreign
Enlistment which is gives above, premising that it
cootaind a great many words which by their number con-
tributed rather to darken than to elucidate their meaning,
marl that on the face of the section there sere tries

great want of ac:uracy and care is the
manner in which the ideas in it were expressed.
Their lordships, he said, would see at once that
whatever offences were indicated by the section, they were
offences purely and .imply of positive law. They were not
offences which in the remotest degree were nialuru is se--
offences against morality, or offences as to which they bad
any preconceived idea as to their character or extent. The
only offences indicated were those committed without the
leave and license of her Majesty for that purpose first had
and obtained ; and if the crown authorised all or any of
the acts spoken of in the statute they were perfectly lawful
and not struck out in any way by the act of parliament.
(The learned counsel was proceeding with his argu men
when our report left.]