The Express.
London, England, 1863-06-24 00:00:00

EVENING, JUNE 24,
tab) Intellistnct.

COURT OF QIJERN'S BENCE. —Jolts 23.
After Teem Sileap at Nisi Prima at Weelminsher.—atefor•
Lord Mal Artie Ooekbara mad a Special Jury.)
01015011 V. LORD CONBINALIDI AND OTHERS.
After our report left yesterday,
Sir Percy. Douglas, Bart., Governor of Jersey, deposed
that at the time referred to he was Inspector-General of
Militia. The papers came before me for my opinion, and
I made minutes on them after most careful peruseis of
them. I was named in the feet instance one of a oourt of
inquiry, and I suggested to H. Stork I ought not to be,
having had the papers before me, and already pronounced
a judgment on them. The report of the court of inquiry
was forwarded to ma, and 1 read it, as wall
as the documents that accompanied it, and I recorded
my opinion in a minute. I afterwards drafted a letter for
the Secretary of State. I recommended that the report
should be kept as a confidential communication, and that the
board should sign their minutes of evidence which accom-
panied it. I meant by that questions and answers referred
to in the appendix report. There must have been minutes
of the proceedings, or I should not have suggested their
being signed. The paper produced and referred to contains
my opinion on the case. When the report reached the War.
office General Peel was absent, and I received a telegram
from General Peal, brought to my house at Willesden, at
2 o'clock in the morning of the day the regiment was to be
milled out. I got up early and proceeded as feat as pore.
ble. I got blocked up is Newgate.treet, and to my
great . regret I did not arrive at Bethnal-green
till much later than I intended. A few men bad
assembled and were just getting their clothing. I
saw Colonel Dickson. I. informed him I had a !Abdul duty
to par form, and it wen regrets& it should be stated that
his pretence was required at the Warnfflos, and then the
other officer would take the command. It was dorm with
as little offence as possible, and Colonel Dickson thanked
me for the manner in which I had dorm ft. Re afterwards
=diarist the War-office, and I told him the torah and the
substance of the telegram.
Cress-examined—This was not a condonation ; but it was
a general rule that if a man wee put on duty by competent
authority it purged the offence. The order for calling out
for training would come from Mr. Marshall's branch of the
War-office to the lord-lieutenant, and from him to the offi-
cer in command, and from him to the adjutant. If the
superior officer had permitted his taking the command it
might have been a condonation of the offence, and therefore
I considered time was urgent. I did not read the whole of
the minutes of evidence because I declined to consider two
of the charges.
Re-examined—ln my judgment Colonel Dickson's state-
ment& to the regimental board, and his explanation to Lord
Combermere and Lord Wilton relative to the internal
management of the regiment, showed him unfit for the
command—nothing_ could be worse ; and it is my opinion
the regiment could not have held together under such •
state of things.
Cron-examined—There is nothing in this case to qualify
my opinion. It depends entirely how the commander of •
regiment had discharged his duty. I never bard before of
• colonel being sued. The regiment had not been out before
ethos the year 1818 or 1819. The militia forte generally
deserve. the greatest credit for the manner in which they
carry out the details of the regulations. A commander is
bound, like any other person, to cut his coat according to
his cloth. It re the duty of the commander of • regimeut to
keep everything right. I think in this case they bad gone in
the matter of expense ea tar as they ought to have
done. I never knew of luncheon being paid for out of the
Incas fund, but by subscription. If the fund was super.
abundant I should have no objection to a small imm being
taken for that purpose, but it must be by the permission of
the colonel, and where there were no debts.
Re-examined—lt is most irregular, to say the least, not
to pay for the wine as it is drunk. The lientenant•colonel
must see to the regularity of everything, sod report to the

-
By the Lord Chief Justice—The Secretary for War
stands in relation to the militia the same as the Com-
mander.in-Chief to the line. A board of inquiry is gene-
rally preliminary to a court-martial, but the Secretary of
State can have one to assist him in arriving at a just conga-
sion on any point under his consideration.
At the conclusion of Sir Percy Douglas's evidence,
The Lord Chief Justice stated that after to-morrow the
sittings would terminate here, and be could not at
again for the cue till Friday mid-day, in consequence of
prior engagements in connection with the discharge of his
public duties. As this case would interfere with the Guild-
hall nisi prize sittings his lordship expressed a hope that
the cue would finish on Saturday night.
Mr. Bovill and Mr. Coleridge both said they thought it
might, and Mr. Born" remarked that he thought he might
ask his lordship if there was any case to go to the jury
against General Peel and Lord Oombermere.
The Lord Chief Justice said he was too late now in his
alte gler hearing of the cams was adjourned till to-day
(Wednesday). The court was ap crowded, a large
j number of ladies and distinguished military officers occupy-
' lag the pllerita.

COURT OF PROBATE AND DIVORCE. 1
JUNE 23.
(Before the Judge Ordinary.)
GILL O. GILL AND /10001.—BirrizariLvr3.
Sir C. Cromwell gave judgment respecting the application
which had been made to him to deal with the settlement.
on the marriage. Sir William Maxwell, the stepfather of
Captain Gill, had covenanted to pay the petitioner 3001. a
year during the joint live* of himself and his wife, and then
to pay it to the respondent after his death provided there
was issue. Sir William had alio covenanted that his
executors should pay after his death a sum of 5,0001., which
should be settled for the Dee of the husband for his life, and
afterwards for the use of the wife. There was also a sum
of 5,0001. which came from the wife's family. With the
latter be (Sir C. Cromwell) did not propose to meddle ; but
as regarded the other he would make en order that it should
be paid exactly as if the respondent was naturally deed.
FORSTER r. POBSITI AND DIRRIDOZ.—APPLICATION OP
DAYAOIB.
• Sir C. Cromwell apportioned the damages (5,0001.) in the
manner suggested by .Major Forster. First he ordered that
1,0001. should be given to the petitiouer himself, to be
applied to the payment of his costs, or otherwise as he
might think fit. Next, be directed that a life annuity of
1201. should be purchased for the respondent, to be paid
her so long as she was of good behaviour, and in the event
of her being otherwise to be divided between her two
daughters. Lastly, he ordered that the residue should be
expended in the purchase of separate annuities for the
daughters. It would be well to have a trustee and to ,
introduce clauses in the deeds to prevent anticipation.
DAVI= V. DAVITS.— .113DGICINT.
In this cam the court had taken time to consider whether
s wife, who had obteiced a decree for the restitution of her
tclugaildgph", wi
edlorch daerudeiCiharseewover,ttadii proved ineffec-
Sir C. Cresswdl thought the disooentience.of the husband
did not make his misconduct in deserting his wife the lam,
and there must therefore ke • separation as prayed.

COURT OF BANKRUPTCY.—JrNE 23.
(Before Mr. Commisdonsr Bcdroyd.)
IS 11 Z. BT. JOHN WU:MAT.
The bankrupt, Everard Bt. John Mildmey, was described
& wine merchant, of Mincing-lane. The somata., pre.
pared by Messrs. Butler and Young, show liabilities of
4,2921., with 'meets cstimated at 1,2004 At a former sitting
a resolution was corn, to by the creditors in favour of wind-
ing up the estate out of court ; and it appearing that fur-
ther time was requisite for carrying out the arrangements,
another acljournrosat wee ordered for a fortnight.