The Sun.
London, England, 1863-11-26 00:00:00

£38,246.338
X. ]

THE CRAWLEY COURT MARTIAL.

FROM OUR SPECIAL REPORTER,
NINTH DAY.

ALDERSHOT, Thursday.

The proceedings were resumed this morning at a quarter
past 10, all the members being present with the exception
of Colonel Lodder, who is still too ill to leave his bed. Sir
G. Wetherell, K.C.8., presided.
Assistant Surgeon Oliver Barnett was recalled, and his
examination in chief continued by Col. Sir A. Horsford
as
official prosecutor.
The last question put last evening and answered was read
as follows :
Q. Is the opinion expressed by you and Dr. Turnbull as
to the causes in the detailed medical report of Sergeant
Major Lilley's death correct, or do you wish to qualify it in
any way ?
A. I consider it correct, and I do not wish to qualify it
in any way.
Colonel Sir A. Horsford repeated the question this morn-
ing, and the witness said I do wish to qualify it, inasmuch
as in a subsequent report made by Dr. Turnbull, in which
I concurred, that opinion was, to a certain extent, mo-
dified.

Colonel Sir A. Horsford—Can you state to the court to
what extent that opinion was modified
Witness—lt was modified to a certain extent, to what
extent I cannot positively state, but I believe it left the
original statement substantially the same as before.

The cross-examinotion was postponed.
Cornet William Thomas Skinner Snell was recalled, and
cross-examined by Lieutenant. Colonel Crawley, who said—
Mr. President and gentlemen, before I proceed to put any
questions to Cornet Snell, I wish to put into his hands a
certain paper, not for the purpose of putting it in evidence,
but that he may refresh his memory. I consider this to
be a fair course, so that he might not be taken by sur-
prise.

the 4th May
Colonel Sir A. Horsford did not object.
Colonel Crawley—When you became acting adjutant on
that you might perform the duties of adjutant for him,
yl was that at the request of Lieut. Fitzsimons
while he was unwell ?
Witness—Yes ; and the request was made through me.
Further questioned, when witness continued—l am not
prepared to say whether the orderly room was in the bar-
rack yard or in Lieut. Fitzsimons' bungalow. A request
had been made some time previously that I should go into
tie orderly room and see the duty of adjutant done, in
order that I might be able to undertake the duties of the
office, if the _adjutant should fall ill. I can a wear
that I made that request myself, and it was also made I
believe by Lieut.Fitzsimons. From the 4th to the Bth May
I was acting for Lieutenant Fitzsimons as adjutant.
I lived in the same house with Mr.Fitzsimons, but I do not
r eomi
nem
ogfiviadnjan. Thegutmetany instructions whilst I was
g the ery
hisut
first morning Mr. Fitz-
,db d
simony did examine the papers I brought to you for signa-
ture, but to the best of my recollection not afterwards, j
received the first orders as to the prisoners under arrest
from Mr. Fitzsimons, but they were not in writing. 'When
te
Lilley 7t
h
I revisited the sentry afterwards I did not make any re-
mark
if of h Me
haday .
or report to you when I found the sentries i
in the same place where
asked I
Sergeantposted th
Majorem on were not
any complaint to make, and he never made any,
I cannot say my visits were confined to twice
I asked a day. I visited him frequently.
Ser-
geant Major Lilley frequently, to
recollection, but never received any the best of my
actually put in orders to act as a ydj complaints.
I am not aware
plaints. I was never
that on the Bth of May, the day I
Mr. Fitzsimons was reportedceased to act as adjutant,
On looking at the order book, sick.L (Order book produced.)
cidedly—(a laugh)—the I am aware of it most de.
but I am not aware order is there, and it is so stated,
of it
more than I was before, except
from what I see in the book.
I remember going with Ser-
geant Major Cotton to visit the sentries but not to post
them. I do not e
r member going with Sergeant Major
Cotton to alter the position of the sentries.
Sergeant Major Bernard recalledand
cress-examined by
Colonel Cra 1
w ey—Lieut.Fitzsimona acted as
j;t In adjutant at the
time of the conversation detailed in m
I occupied quarters next to Sergeant Majorexamination
o in h
Wakefieldcief.
when he was under arrest and once put notes and papers
through a hole in the wall for the sergeant major.
The President cautioned the witness not to say anything
that might criminito himself.
Cross-examinatifin continued—l received some money
from Sergeant Bennett for Wakefield, and gave it to a native
to give to him. I never told Bennett that 1 had made a
hole in the wall, and could pass money and notes to Wake-
field without the sentries seeing it. 1 never asked Bennett
to get money from Smales to Wakefield at the time of the
arrest.
Colonel Crawley said he had no questions to ask Mrs.
Cotton in cross-examination.
Major James Hyde Champion was recalled and cross-
examined by Colonel Crawley all to the contents of a letter
produced and reported yesterday, but the evidence merely
recapitulated the facts in the letter.
Assistant-Surgeon Barnett recalled and examined by
Colonel Crawley.---I believe that Mrs. Crawley visited Mrs.
Lilley during her illness beforti the arrest of the sergeant
major, but I am not quite surd of it. I do not recollect
ever meeting Mrs. Crawley at Mrs. Lilley's house. Tsars.
Lilloy's back wa,, inspected long before the arrest of her
husband. I remember you giving Sergeant Major Limey
leave to precede the regiment to Mhow on account; of the

death of one child and the illness of ;another. Ido not
remember the dates of the death of the children. One
doled while we were on the march, and the other shortly
afterwards. Ido not believe you were aware that the close
arrest of Sergeant Major Lilley was inflicting fatal
injury to his health. I was on intimate terms
with you during the time of the arrest of Lilley, and was
daily and nightly in your house in consequence of illness
in your family, and was in almost hourly attendance on. you
wife and her mother at that time. I never, that I re-
remember, made any representation official or non-official
to Colonel Crawley, or to any member of his family, with
reference to Sergeant Major Lilley, nor with regard to Mrs
Lilley, as t 3 the position of the sentries and the annoyance
caused thereby. I have always found Colonel Crawley de-
sirous to carry out any suggestions made by me as to the
condition of the regiment, but was only iu the absence
of the surgeon of the regiment that I ever acted for myself.
I reported all the circumstances of Sergeant Major Lilly's
arrest, the illness of Mrs. Lilly, and the position of sentries
before Dr. Turnbull,and it was on my recernmendation to the
doctor that the three sergeant majors were allowed exercise.
I believe Dr. Turnbull did not make any representation
to you as to the inconvenience caused to Mrs. Lilley by
the position of the sentries, but I have not any recollection
that the doctor said he would not do so. From what I
know of Col. Crawley, I believe that if I or any one else
had represented that the close arrest of Sergeant Major
Lilley was likely to prove fatal, steps would have been
taken to avert that sad calamity. No one coulil have anti-
cipated Lilley's death. I did not know he was in his usual
health the day before his death.

After some further evidence, the court adjourned

AMERICA.

(Per the Nova Scotia.)
NEW YORK, Nov. 14 (Evening).
The _Richmond Enquirer comments unfavourably
upon the late captures by Meade en the RappElh,n_
nock and the Confederate defeat in Western Vir.
ginia, and says :
The Federals are threatening the railroad at
Weldon. They are also reported in force at New.
port News. Thus the Federals are threatening
active operations all round Richmond before winter
has blockaded the road."
The _Richmond Examiner says the Federals are
moving upon York Peninsula, and are reported to
be in considerable force on the Williamsburg road,
40 miles east of Richmond.
The New York press strongly urge the abolition
of the duty on foreign coal.
COMMERCIAL INTELLIGENCE.
NEW YORK, Nov. 14 (Evening).
Gold, 479 per cent. prem.; exchange on London,
161 ; on Paris, 351. Money steady at 7 per cent.,
but much easier than early in the week. Stocks
improving, being favourably affected from this
cause. New York Centrals were quoted 1369;
Illinois, 114 Erie,
104: ; 6 per Cent. United
States Bonds, 1089. Cotton good inquiry—Middling
Upland, 86c. to 87c. Flour dull. Wheat quiet.
Corn heavy. Provisions good inquiry, Coffee:
sugar, and molasses very firm.