The Sun.
London, England, 1863-12-11 00:00:00

ME SUN, LONDON, FRIDAY EVENING,- DECEMBER 11, 1863.

with the assistance of Englishmen, Frenchmen, and
Germans. An Englishman at present held the
post of admiral in the Turkish navy. We had an
enormous trade with China, and the Taepings, a
ruthless horde of marauders, threatened its destruc-
tion by seizing the treaty ports. We had interposed
to protect our trade, and that was the entire extent
of our interference. Our exports to China had risen
from £1,027,000 to £5,451,000 in six years. Here
was a statement of the trade with Hank° W since that
'
place had been taken from the Taepings and opened
to our commerce. •

" Hankow, IS62.—Total value of trade, 1852, £6,189,951,
showing an increase of £3,011,482 10s. over previous year.
Of tonnage—Aggregate, 290,536, of which British 128,478,
showing increase of 1,061 vessels and 196,103 tons over
previous year. At Shanghai, again, the duties collected
in December, 1869, were £122,000; in December, 18619
£281,500,"

That increase to our commerce had been most valu-
able at a time when our cotton trade was paralysed.
He now turned to Japan—a subject which no doubt
would give rise to many important discussions. Some
200 years ago, the Japanese admitted Euro-
peans, chiefly Catholic missionaries, into their ter-
ritory, Religions dissensions, afterwards springing
up, the Government thought the Christians were op-
posing their authority, and a massacre took place,
when many of the missionaries were slain and the
rest expelled the country. From that period until
very recently there was scarcely any intercourse be-
tween Japan and the outside world. He did not
know whether in these days any nation could com-
pletely isolate itself from the rest of mankind, but
that was not the question. But it was the Russians
and Americans who first broke through the isola-
tion of Japan by obtaining treaties from its rulers
on behalf of their traders; and he maintained
that our Government, under those circumstances,
had no alternative but to establish similar rela-
tions with that country. Had they refused
to do that they would have been told that
whenever there was a fight they were sure to put
their noses into it—(a laugh)—but that when trade
only was concerned they would do nothing to secure
for our merchants the privileges enjoyed by Russians
and Americans. Well, Lord Elgin had negotiated
a treaty with the Tycoon, placing us on the same
footing as those other nations. We commenced no
aggressions on the Japanese, but simply established
ourselves where we had a right to be. Sir R.
Alcock had scarcely taken up his residence in Japan
before the British Legation was attacked, one inter-
preter and two foreigners murdered, and several
other persons dangerously wounded. We, however,
made allowance for the difficulties of the Japanese,
who asked us to defer going to certain ports
to which we were admitted by treaty, and they sent
a mission to the British Government to make that
request. We received their embassy with every
mark of friendship, and not only granted their re-
quest, but prevailed on other Powers to do the
a ,me. The treaty gave foreigners the right of tak-
ing exercise on the high road to Jeddo. One day
three Englishmen and a lady were riding there,
when they fell in with one of the Daimios, who
appeared to have hated foreigners, and who conse-
quently gave orders to his followers to attack these
innocent strangers, who had drawn up on the side
of the road to avoid his party. The lady and the
other gentlemen escaped with their lives, but Mr.
Richardson was most barbarously murdered. For
these outrages we demanded reparation from the
Japanese Government, together with thepunishment
of the chief by whose orders they were committed.
The Japanese Government made an apology and paid
over a large sum of money, but said they could not
punish that independent Daimio, who did not re-
cognise their authority, but must leave us to deal
with him ourselves. Our only course then was to
tell them that if they could not control him we
would punish him ourselves. If we had not done that,
and any further outrages occurred, the Japanese
Government could easily have again urged that they
were powerless to coerce the wrongdoer, and British
subjects might have been murdered with impunity.
Admiral Kuper was accordingly ordered to go to
Kagosima and punish the Prince of Sutsuma. Re-
dress having been refused, our squadron took
possession of three steamers belonging to that
prince. Much misapprehension existed as to the
conduct of the Admiral on that occasion. It had
been said that having seized these three steamers
he flaunted them before the Japanese, that they
naturally fired on him, and that he had no right to
put himself in the way of making them fire upon
him. Now, the bay or harbour of Kagosima was
very narrow, or not more than 4,000 yards wide at
its broades; part. It was blowing a gale, and the
s°..dmiral went into the bay to get out of the gale.
He seized the vessels, and could not get out
again without passing the batteries, which fired on
him as he came out. What could he do under those
circumstances ? If he had allowed the Japanese
to injure his vessels and kill his men without re-
senting it, everybody would have said he had acted
a part unworthy of a British officer. Moreover,
the Japanese would immediately have said that the
English fleet had been beaten, and there probably
would have been a general massacre throughout
Japan. He was therefore bound to return the fire.
The castle of the Prince was immediately in the
middle of the town. A Japanese town it should be
remembered was built of lath and plaster. A con-
flagration ensued—a great calamity which no one
deplored more than her Majesty's Government. He
was not there to defend it for a moment; but it was
impossible to return the fire of the batteries without
running the risk of setting fire to the town, built of
such inflammable materials. It was most lamentable
that a large number of innocent people should have
been exposed to that misfortune, and it was
most unfortunate that an English fleet should
have been the cause of it ; but the thing was
inevitable, and they ought to give some credit to our
naval officers, and wait till they had had an oppor-
tunity of giving an explanation of their acts. Hon-
ourable men at a distance from England, discharging
difficult and responsible duties, ought not to be con-
demned hastily or accused of cruelty and barbarity
until they had had a fair hearing. (Hear.) The Go-
vernment were not responsible for these things, but
there were other persons really responsible. He,would
speak with tenderness and respect of British mer-
chants, but the greatest difficulties of the Govern-
ment in these matters originated with our merchants.
Great houses like the Lindsays, the Jardirres, and
others would not do anything calculated to involve us
in war; but the moment the Japanese ports were
opened there rushed thither a swarm of adventurers
who thought the only use of a British Minister or a
British fleet was to enable them to secure their dis-
honest gains. These adventurers went there, looking
upon the people as their lawful prey, and did things
some of which might make men's blood run cold.
The blue-books showed how they put forward ficti-
tious and monstrous claims in unreal and even in-
decent names. When these men, who were a dis-
grace to the English name, got into trouble, the
first thing they did was to call on their own Govern-
ment to defend them. If they were not listened to,
they raised a loud outcry, and wrote home com-
plaints against our official representatives. The
British merchant was entitled to protection for his
lawful, but not for his unlawful trade. (Cheers.)
Our countrymen were bound to respect the native
population among whom they lived, to act like honest
traders, and abstain from injastice and fraud.
(Cheers.) He had recently come from Italy, where he
felt proud to see that the sympathies of Englishmen
had not been thrown away, and that that great
country was making the most extraordinary pro-
gress. England certainly never stood higher than at
this moment in the estimation of the world. Her
influence was never greater, because she sought to
commit aggression upon none and envied none. She
wished to see every country enjoying peace and
prosperity, and her independent position placed her
in the very front rank of nations. It was often said
that that was in no degree due to the present Go-
v.eroraent, and that their political opponents would
a° E'"etly the same as they did. Now, everything
that the G
demned by
their
did was censured and con-
press.
South, andlh e 3;o:v stopping
topponents,h e
not to infer from that
pursue the very
th and by the Opposition
for not recognising the
steam rams. Ought he
.Jnited States ? He oppoalatt their opponents would
eminent acted better th
course, and plunge the
country into war With the
be-
lieved that on that and on many other questions the
an their opponents
present:Gov

would do, otherwise they would have no business
to be in cffice. The acts of Government were marked
by liberality and patriotism. In placing Mr. Stans-
kld at the Admiralty, in choosing a man like Sir J.
Lawrence as Governor-General of India—(cheers)
—and in their other appointments, he believed they
had earned the approval of the public. For these
and many other results of their administration of
public affairs he thought he could therefore con-
scientiously claim for them the support of their
countrymen. (Loud cheers.)
Several questions were then put to the hon. mem-
ber by persons in the hall, most of which were of
local interest. In replying to his interrogators, he
said that considerable progress had lately been
made in the abolition of the lash in the army and
navy, and that the destruction of the dwellings of
the working classes for metropolitan railway im-
provements had led to evils which called for serious
public attention.
A resolution thanking Mr. Layard for his address
and expressing approval of his public conduct was
then adopted by the meeting, amid loud cheers, and
the proceedings terminated.

THE CRAWLEY COURT-MARTIAL,

NINETEENTH DAY.

ALDERSHOT, Thursday.
The Court reassembled to-day at the usual hour, and by
noon had completed the whole of the inquiry, as far as the
evidence for the prosecution and for the prisoner is con-
cerned. It now only remains for Colonel Horsford, the
prosecutor, and Colonel Crawley, the prisoner, to address
the Court, after which the Court will be closed to consider
their finding. An adjournment of a week has been granted
at the request of the prisoner, to enable him to prepare his
address, and after its delivery, a further adjournment of two
or thiee days will, it is expected, take place to enable the
prosecutor to make a final reply. After the adjournment of
i
the Court to-day it was intimated that the prisoner might,
if he should bo so advised, probably call some few witnesses
as to character, but it is probable that he will be content
with his case as it now stands before the Court. It has
been stated that Colonel Crawley had instituted legal pro-
ceedings against the proprietors of the Cornhill Magazine,
for the publication in their November number of the article
so seriously affecting his character in connection with the
proceedings which form the subject of inquiry by the court
martial. Our reporter was informed that there was no truth
whatever in this report, as Colonel Crawley believes that
his honourable acquittal by the Court will form the most
complete answer to the many calumnies to which he has
been so unjustly exposed.
After the Court had been formally opened, Colonel Pipon
(the Judge-Advocate) said—The Court had considered the
question put at the close of the proceedings yesterday, and
the objection of the prisoner. The Court were of opinion
that if the objection were pressed they would recall Dr.
Barnett, and the question might be put direct through the
Court.

Colonel Crawley again protested that any conversation at
which he was not present cculd not be made evidence against
him.

The Prosecutor withdrew the question.
Frangeo, the Parsee merchant, who was under examina-
tion when the Court rose on Wednesday, was recalled for
cross-examination by th 3 prosecutor.
Had you any conversation with Sergeant Cotton about
the bill ?—Yes.

Will you state what passed ?
Question objected to.

The President said the same course must be pursued as in
the former case.

tioTn.h e Prosecutor thought the Court might put the ques-

The Prisoner protested against such a course. The Court
was bound by evidence as well as the prosecution.
The President—Usage is our law. We want to arrive at
the whole truth. We dont know much here about the laws
of evidence.

The Prosecutor—We leave the mattsr in the hands o:
the Court.

The President—Very well, then, go on with some further
evidence.

Examination of the witness was resumed.
The Prosecutor—When you had that conversation with
Sergeant Major Cotton, was Mrs. Lilley present ?—Yes.
Did you make an arrangement to buy Sergeant Major
Lilley's goods ?—I made an arrangement with Sergeant
Major Cotton in Mrs. Lilley's presence to buy them,
What was that arrangement ?—About the furniture and
other things belonging to the late Sergeant Major Lilley.
Was Mrs. Cotton present when you made that arrange-
ment ?—I think she was, but I dont remember properly.
Did you go to Mrs. Lilley's to make that arrangement ?
—They sent for are.

Did you send a bill to Mrs. Lilley ?—I did.
Look at the bill (produced), and tell me if that is the bill?
—lt is.

Was that bill paid P—Yes, it was paid.
Who paid it P—l said yesterday that it was paid out of the
furniture and things I bought.

Who settled with you about it 2—Mrs. Lilley and Ser,
geant-Major Cotton.

Did Mrs. Lilley say anything to you about it when she
settled ?—I do not remember.

The Presideut—liave you your books with you ?—Yes,
sir.

Produce them, and point out the entries of these bills
before the Court. Are they in English ?—No, sir.
The books were Produced, and the entries were read
aloud by the witness, being checked as he proceeded by the
president, who held the bill in his hand. The subsequent
examination of the books by members of the Court occupied
a considerable time.

The prosecutor said the spirits specified in this document
were supplied chiefly by the witness's clerk, who had not
been brought to England, and only a portion by the wit-
nem. The witness also stated that a pass. book was sent
whin the articles were applied for, but that pass-book was
not produced, and no reason was given for its non-produc-
-1 ion. Moreover many of the articles were supplied to the
horsekeeper, and there was no proof that they ever reached
Sergeant-Major Lilley at all,

The Prisoner objected to this statement being proceeded
with. The proper time to make it would be in the prose-
cutor's reply.

The President concurred in this view.
Mr. E. G. Syms, of the Adjutant-General's office, was
called by Colonel Crawley, and asked whether on Tuesday
evening he received a notice from him to produce Sir Hugh
Rose's " Historical Memoirs of the Gth Dragoons ?"
_ _

-
Mr. Syma said he received such a notice, but it was not
signed ; and ho told Colonel Crawley's friend who handed
it to him that he had not the document with him, and that
the proper way to proceed would be to apply officially to
the Horse Guards.

By the President—Was the prisoner's friend theyri-
soner's counsel, and did he not tell you distinctly you
must accept the notice as a formal notice, and that what-
ever passed between you and him must be considered as a
private conversation?—Ho certainly told me that in his
opinion the flatlet) was to be received as a formal notice ;
but whether he added anything about its being a private
conversation, I cannot say. Even if he did so, the one
thing would contradict the other; when he told me it was
to be a formal notice the conversation could not be consi-
dered as private.

Did not the prisoner's counsel deliver it to you as a formal
notice, and did you not follow him afterwards into my
room to speak about it, and was it not this latter conver-
sation which you were told was not to be considered as in-
validating the former notice ?—I have no recollection what-
ever of any conversation which professed to invalidate a
former notice. There was no conversation of the kind.
The Prisoner—May I now request that the Court be ad-
journed for a week to prepare my address in defence ?
The Prosecutor—We would feel obliged if the court would
call Sergeant Major Cotton, Mrs. Cotton, and Dr. Barnett
upon this new matter.
The Prisoner—May I beg of the court that the prosecu•
tion should state the grounds upon which they propose to
take such an unexampled course as that which they call
upon the court to adopt, and to state what is the new
matter to which they refer, and how they consider them-
selves entitled to reopen the prosecution, in order that 1
may answer the grounds upon which they make such a
demand ?

The Prosecutor—lf the court will allow me I will put
in the statement in writing, which I was just about to
read, and which contains our reasons for the course pro-
posed.

The Court retired to consider the question, On return-
ing into court,

Colonel Pipon (judge-Advocate) said—the Court have
decided to refer the question to the Judge-Advocate-Gene-
ral, although the matter appears to the Court to be irrele-
vant to the issues that are called upon to try. Under these
circumstances will the prosecution press any further in-
quiry with respect to the legal merits of the question ?
The Prosecutor—We leave it to the Court entirely. I
thought it was the Coutr who wished to make the inquiry
from the Juedge•Advccate-General. We are quite satisfied.
Colonel Pipon (Judge- Advocate)—lf you press the re-
calling of Dr. Barnett and Sergeant-Major Cotton a ter
what has been said as to the legality or illegality of such a
course, the Court think it necessary, as there is so much
difference of opinion, to refer the matter to the Judge-Ad-
vocate-General, if you still wish the inquiry should go on.
The Prosecutor—l understood you to say that you in-
tended to inquire from the Judge-Advocate-General whether
it was legal to press this or not.
The President.—No. If you wish to press it the Court
will certainly make the inquiry.
The Prosecutor—We want to press everything which
will make the matter clear to the Court, and if this inquiry
is made of the Judge-Advocate-General, and he says the
witnesses may be recalled, of course we shall wish to
press it. . _

The President—The Court are quite satisfied. They want
no furthar evidence; but they say what you now wish to
presss is irrevelant to the issues which they are called upon
to try,

Tile Proseeßtor—We leave the DA tter with the Court.

If the Court is satisfied, we also are satisfied with its deci-
sion.
The President—Then the application is withdrawn ?
The Prosecutor—lt is simply withdrawn because it is
irrelevant.
The President—Yes ; the Court considered it irrelevant.
'I he Prosecutor—Then we simply withdraw it.
After a pause,
The Prosecutor—Will the Court allow me to ask one
more question of Ardessar before he goes ?
The Prisoner—May,l beg to ask the Court whether the
prosecution is not closed and the defence also ? How, there-
fore, is it possible to recall the witness ?
The President—We will see what the question is.
Colonel Pipon (Judge Advocate)—Am I to understand,
then, that. the Court has decided that this matter is not
relevant to the charges?
The President—Yes ; the Court decide that.
The Prosecutor—The prosecution feel themselves bound,
under those circumstances, to withdraw the application.
Prisoner—With great respect to the Court, I must he
permitted to observe that the prosecution is conducting this
case in a manner in which no criminal case has ever been
conducted before. If Ardessar is recalled and reques-
tioned, I must withdraw my statement that the defence has
been closed.
After a short pause,
The Prosecutor—We withdraw the application to recall
the witness.
The President—The Court is adjourned till 10 o'clock on
Thursday, the 17th inst,