The Sun.
London, England, 1863-06-06 00:00:00

The Case of Sergeant-Major LilleY•

The following is an authentic copy of the memo-
randum of his Royal Highness the Commandevin-
Chief on this most painful case :
" Horse Guards, S.W., Dec. 18, 1862.
"MEMORANDUM.

" His Royal Highness the Field-Marshal Commanding-
in-Chief having perused the proceedings of the general
court-martial on Paymaster Smales, of the 6th Inniskilling
Dragoons, and having had under his consideration not
only these proceedings, but also many acts bearing on them,
has seldom found himself in a more painful position, or one
in which it appears more difficult to deal out even-handed
justice to all parties who have become mixed up with these
unfortunate events, and at the same time to do justice to
the service.

" Not only is the reputation of one of the most highly
distinguished regiments in her Majesty's cavalry service
implicated by them, but they have taken such a course that
his Royal Highness is most unwillingly forced into the
position of differing to a great degree from the views
which appear to be taken by officers of high rank, great
reputation, and usually of excellent judgment, to differ
with whom he feels it to be not only painful to himself,
but in some degree embarrassing to the service.
" His Royal Highness has, however, but one course to
pursue, and that is, after mature consideration, and a
patient hearing of the opinions of those who, from their
rank and position, are most likely to give unbiassed advice,
to act upon his own sense of justice to all parties, and with
due regard to the interests of the service over which he is
called to preside.
"In the mind of his Royal Highness there can be no
doubt that the Court have come to a proper verdict as re-
gards the insubordinate tone of the letter written by Pay-
master Smales to his commanding officer; and it would
have been quite sufficient for the purposes of discipline,
and have saved a great mass of evidence and extraneous
matter, had the charges been directed solely against the
tone and spirit of that letter, and the letter itself been laid
before the court as the only evidence required ; in which
opinion his Royal Highness finds himself fortified by that
of the Judge Advocate-General of her Majesty's forces,
herewith annexed.

" With regard, therefore, to Paymaster Smales—without
entering into the minute points which the prosecutor has
brought evidence, with more or less success, to rebut, there
can be no doubt, upon the broad principles of discipline,
that that officer was guilty of most insubordinate conduct
in writing such a letter, and his removal from the army is
an act of justice to the service.
" Unfortunately, however, in bringing down on his own
head a just retribution for his contumacy in writing an in-
subordinate letter, this trial of Paymaster Smales has ex-
posed a state of things in the Inniskilling Dragoons which
his Royal Highness will endeavour to take an impartial
view of.

" There is no doubt that the Inniskilling Dragoons under
Col, White and his successor, Col, Shute—two distin-
guished officers, in whom his Royal Highness has great
confidence—before their embarkation for India, were all
that could be desired as to esprit de corps, unanimity, and
good feeling among the officers, and as to drill and discipline
among the men.
" On their embarkation for India some changes took place
among the officers, and the regiment had not been long in
India when some unfavourable reports of the behaviour of
one or two individuals when off duty, or at the mess, called
down his Royal Highness's severe displeasure, the more so
that it formed so strong a contrast to the previously ac-
quired reputation of the corps.
"Still, with such exception, the regiment remained in the
highest state of discipline, as elicited from all the confiden-
tial reports that have reached his Royal Highness from the
Commander-in-Chief and inspecting general officers in
Bombay, till Colonel Shute was succeeded by Lieut.-Col,
Crawley from another corps.
"In permitting Lieut.-Colonel Crawley to succeed Colo-
nel Shute, his Royal Highness believed he placed—and he
did in fact place—at the head of the Inniskillings an officer
of experience in the lower ranks of the service, of consider-
able talent, knowledge, and zeal ; but, unfortunately, as
has been proved, an officer not gifted with the special
talent which unites with the firmness of command the tact
which inspires confidence and creates goodwill.
"From the first Lieutenant- Colonel Crawley appears to
have taken an unfavourable view of some points in the re-
giment, and to have expressed himself in no measured terms
as to the changes he contemplated, which his Royal High-
ness cannot but think was uncalled for and unnecessary,
and which was sure to create an unfavourable feeling on the
part of the regiment.
"The conduct of Lieut.-Colonel Crawley subsequent to
the court-martial, if the address he made to his regiment,
both officers and men, be correctly reported, was, to say
the least of it, exceedingly reprehensible and injudicious.
" There are other points in Lieut.-Colonel Crawley's con-
duct of which his Royal Highness cannot speak in too
strong terms.

" His Royal Highness alludes to the confinement, under
arrest, of certain non-commissioned officers during the trial
under a charge of conspiracy, and for which there seems
not to have been a shadow of foundation.

" His Royal Highness has also reason to believe that had
the Commander-in Chief in India been better acquainted
with some of the facts of Sergeant-Major Lilley's case he
would have taken a different view of it from that which his
remarks prove him to have done, and would not have attri-
buted the death of that unfortunate non• commissioned
officer to excess.

.
" Under these circumstances nothing but the high opinion
expressed of Lieut.-Col. Crawley by the general officers in
immediate command has induced his Royal Highness to
continue him at the head of the regiment, and he does so
only upon trial, and under the hope that for the future he
will be able to carry on discipline without outraging the
feelings of the gentlemen under his comnzand.
" With reference to Major Swindley, his Royal Highness
considers his conduct to have been moat reprehensible, and
he finds it difficult to make any excuse fo
wifhihc.ihs
RoyalhtseviHdeignhnee
Highness
hada g i vneout
were highly unbecoming, and
been obliged to make the remarks he has done on Lieu-
tenant-Colonel Crawley he would at once remove Majoreu
Swindley from the regiment ; but, as her it.
has
" The tone and manner in
given Li .
tenant-Colonel Crawley the benefit of the character he has
received from the general officers under whom ho
his Royal Highness will also give Major Swindley is serving,
ad-
vantage of the reports he had • the
favour. previously heard in his

4, His Royal Highness now warns both Lieutenant•
Crawley and Major Swindley that unless they hereafter
conduct themselves in their relative positions in a manner
to set an example of discipline to the regiment generally he
will feel it his duty to remove one or both of them from the
important stations they occupy.
" His Royal Highness feels it to be his duty also not to
pass unnoticed the conduct of Captain Weir and Surgeon
Turnbull.

"Nothing can excuse a subordinate officer for showing,
by manner or act, disapprobation of his commanding officer
before the younger members of a corps, who should look up
to the captains and officers of station and experience as ex-
amples of discipline and obedience. _ _ .

" In conclusion, his royal highness trusts that the future
conduct of the officers of the Inniskillings will be such as
to eradicate the evil spirit which momentarily appears to
have crept into the corps, and to have tarnished a reputa-
tion which was second to none in the cavalry for all that
constitutes a well-ordered and most efficient regiment.
" J. YouxE-FrAitLETT, A G."

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. - -
The tribunal of Rheims hasjust pronounced judg-
ment against two persons who bad forged the
mark of Cliquot Ponsardin on 300 cases of wine. They
have been Condemned to 18 months' imprisonment and
a fine and to the publication of the sentence in
the journals of
ournaillfo,
ando the costs of its insertion. Their head cel-
larman also has been sentenced to four months' imprison-
ment. Some of the wines were seized in London.