The Sun.
London, England, 1863-12-10 00:00:00

rtiE SUN, LONDON, THUBSDAY EVENING, DECEMBER 10, 1863.

434, tlttlibir

THE GREAT FIGHT FOR £2,000.

(THIS DAY.)

(FROM OUR SPECIAL REPORTER.)

This contest, which has excited immense interest,
was brought to an issue today, near Wadhurst,
Kent.

The rival combatants entered the ring—Heenan
eEquired by Sayers and M'Donald, and King by
Jem Mace and Jerry non.
The fight lasted only 35 minutes, during
which time 25 rounds were fought. The
same disposition to " hug" which characterised
Heenan's fight with Sayers was again dis-
played by him in this contest, but King escaped
nis uninviting embraces wonderfully well.
The first blood was awarded to King. Towards
the commencement of the fight Heenan seemed to be
cot fident of winning, but as the contest proceeded
fortune seemed certain to award the golden prize
to King. The last three or four rounds told
immensely upon Heenan, and King, amidst the
greatest excitement, was, after the 25th round, de-
clared the victor.

Heenan escaped personal dit,figurement, with the
exception of a cut over one of his eyes. The fight
seemed to have been lost through sheet exhaus-
tion on his part.

Very little mcney was laid out in betting after
the men entered the ring.

Heenan, of course, was greatly depressed at
the result of the contest.

The fight was gone through without interruption,
and as orderly as could be expected.
(Fuller details in cur next edition.)

AMERICA.

(REUTERS TELEGRAM.)

Reported Capture of Burnside's Army,

LIVERPOOL, WEDNESDAY AFTERNOON.

It is rumoured that General Longstreet had cap-
tured Burnside's army at Knoxville, b;tt nothing
authentic to this effect has been received. The
report is probably suggested by the advance in the
price of gold on the 28.11 ult.

TEE CRAWLEY COURT-MARTIAL.

_~_-

(FROM OUR OWN REPORTER.)
EIGHTEENTH DAY.

[the following appeared in the Third Edition of "iht
Sun" of last evening] t
ALDERSitoT, Wednesday Morning.
The Court re-assembled shorily after 10 o'cl.mk.
Colonel Crawley proccedet with the letter of Sir High
Rose, alluded to at the close of the proceedings yesterday,
and which went into detail at great length with respect to
the former character of Sergeant Major Lilley, combating
the assertions of Mr. Fortescue and Mr. Coningham, made
in the House of Commons, and complaining that almost
every statement which had been made in the public new-
papers with regard to the treatment of Sergeant Major
Lilley was incorrect in part, and tended most unjustly
to prejudice the public mind both again: t Sir Wm. Mans-
field and the commander of the regiment. The letter also
contradicted the statements made in the House of Commons
with respect to the nature of the place of confinement, but
inasmuch as full evidence has been produced before the
Court, the public have a better means of judging of the
place of confinement of the three sergeant majors than
Mr. Fortescue at the time ho made his statements. The
document also went at considerable length into
details which allect the general administration of the army
in India, and quoted the opinion of medical men of high
authority with reference to the nature of the climate and its
general effect upon our troops. The reading of the docu-
ment occupied the time of the Court a long time. On its
conclusion,

The Prosecutor remarked that this was a letter w'itten
by Sir H. Rose for the information of the Commander-in-
Chief, and embracing a great variety of subjects, among
them the character of Sergeant Major Lilley. Now, the
opinion of SirH. Rose on that matter, to be admitted, could
only be founded on evidence, and apart from tbat evidence
the opinion was mere hearsay, and as such could not be re-
ceived as evidence in the present case. As, however, it
would now be futile to treat the letter as not having been
produced, it was suggested by the prosecution that it should
be appended to the proceedings, and used by either party as
they might think necessary. He further suggested that to
avoid similar difficulties in future all documents intended to
be produced should be first submitted to the Court, and that
the prosecutor might have the opportunity of stating his
reasons against their admissibility as evidence, and taking
the decision of the Court upon the point before they were
read.

Col. Crawley—Mr. President, I have no objection to the
prosecution treating the despatch of his Excellency the
Commander-in-Chief in India according to what the prose.
cation is pleased to term its seeming worth. As to the
course proposed by the prosecution, it is entirely at variasce
with the example they themselves have set, and it is in
direct opposition to the first principles of the administra-
tion of justice. In the case of their own evidence, as for
instance in that of the letter of Sir Wm. Mansfield, which
was put in as against me, no private investigation took
place. I sought no cover of secresy, but the prosecution
has regarded no seal of confidence. They without hesi•
tation put in confidential documents without any objec-
tion being raised on my part. Not only that, but they
put in proportions of the blue book which were read in
open court, and passages from which were afterwards
pronounced to be inadmissible. Why then is it that as
soon us the defence is begun they seek to change the
course which has hitherto been pursued ? "Why is it that
they seek to turn an open court of justice into a court of
secret inquiry ? I ask the Court, then, to permit me to
pursue the' course which the prosecution has pursued,
with this exception, that I ask to put no confidential docu-
ment in evidence. As to the particular letter which has been
just read, I am advised that there can be no question about it.
If the letter is relevant on any point it is admissible. I could
mention twenty reasons why the letter is relevant, but I
will mention only one. The surgeons of the 6th Dragoons
have stated that it was not their duty to interfere with dis-
cipline by reporting any anticipated injury to the late Ser-
geant Major Lilley ; but the letter of the Commander in-
Chief, who is the proper person to state what, according
to his instructions, was their duty, bears :upon that point.
I beg also to remind the Court that a list. of these docu-
ments was furnished to me by Sir William Mansfield, for
the express purpose of being used on the trial ; and I have
been permitted only last week to copy them, in order to pro-
duce them in court. I have only to add most respectfully
that, under no circumstances, can I consent to the privai e
investigation which the prosecution proposes.
The Prosecutor—lf the Court will permit me, I think I
can wake this matter clear, though in doing so it will look
as if we were going back to the very elements of jurispru-
dence. A tribunal consists of a judge or judges, and judge
and jury. Courts martial are composed of judges alone,
and are more like the courts of equity. In such courts the
practice is, that if a document is tendered in evidence the
judges first see it, and determine whether it is admissible in
evidence. If they think it is not it is rejected ; but if it is,
it is attached to the proceedings, and forms an element in
the judgment. The same course prevails in courts martial ;
therefore the prosecution feels no doubt in the course they
have adopted. The latter of Sir William Mansfield con.
tained the order for the arrest of Sergeant Major Lilley, and
therefore they were bound to produce it,
Colonel Crawley—l wish to remind the Court that when
the prosecutor put in from the blue•book Sir Hugh Rose's
remarks, they made him in fact their witness, and the ob-
jection they now take to his letter would apply equally to
his remarks. I did not object to them taking the course
they did, but I must remind the Court that if the observa-
tions of Sir Hugh Rose are good for one purpose they are
good for another.
'rho Court retired to consider the point.

On the return of the court,
Colonel Pipon said—As the court was closing the follow-
ing was put in by the prosecutor :—The blue book was read
out at the express instance of the prisoner, and against the
urgent request of the prosecutor. The court adheres to the
decision to decline receiving any communication which is
not to be read and appended to the proceedings. With re-
ference to the letter last read, the court has to observe, that
the prosecutor stated that the document to which he now
objects was one of those given to the prisoner for the ex-
press purpose of using them in his defence t and he also
stated that he had no objection to the copies being read to
the court as evidence. It therefore rests with the prosecu-
tor to show what part can be legally objected to.
Colonel Crawley suggested for the consideration of the
prosecution whether, with respect to the documents he was
about to read, the same course should not be taken as was
taken in the blue book, namely, that he should read the
documents, and that the prosecutor should state his objec-
tions collectively ; otherwise the proceedings might be in-
definitely prolonged.
Sir A. Harsiord said the matter was in the hands of the
Court.

Colonel Crawley then proceeded to read the letter from
Colonel Hatch to the Commander in Chief in India. stating
his opinion that Sergeant Major Lilley might have been
convicted by court martial not only for disobedience to the
orders of the commanding officer, iu making public the pro-
ceeding of the court martial then sitting, but for uttering
violent and beastly language against his commanding
officer; and that, although the confessions of the sergeant
majors could not be used as evidence against themselves,
they not having been previously cautioned, yet there was,
in his (Colonel Hatch's) opinion, evidence against Sergeant
Major Lilley of the encouragement of disobedience to
orders. The letter was signed "G. A. Hatch, Deputy
Judge Advocate General."
A second letter was then read from Col. Hatch, dated
July 10, 1863, in which he states that the art est of the three
sergeant majors was perfectly regular on the part of Col.
Crawley, he having stated that they had been arrested on a
charge of conspiracy, and that the major general had sanc-
tioned their close arrest, and that any responsibility arising
from the continuance of that arrest was shifted from Col.
Crawley to the superior officer.
The next letter read by Colonel Crawley was one dated
16th of April last, from the headquarters at Simla, and ad-
dressed by Sir Hugh Rose to the Adjutant General at the
Horse Guard, in which the Commander in Chief stated tfha t
the evidence submitted to him fully established thesee:-
that a cabal existed against Colonel Crawley, and that
geant Major Lilley was a party to it.
The next letter was from Sir Hugh Rose to the Aindjutant
'edgg the
General, dated Lucl now, Jan. 20, 186
with
memorandum of the Duke of Cambridge, to his (Sir
regard to that part of it which had reference 8 137:tating,
y
ter Smales, that
H. Rose's) remarks on the trial of P
ahr:san addendum—
Surgeon Turnbull had forwarded to
the one referred to in evidence—winkingfully bore out the
habits being the
evidence of the sergeant major's
cause of his death. The letter also enclosed fresh infer-
the hamyoarly report of Major General
oration—namely, iekilling Dragoons, and
Farrell on the state of the 6th lun
he (Sit H. Rose) ventured to entertain the hope that when
his Royal Highness the Commander in Chief had
pet used
e would modify the opinion he had expressed
thatin evidence b
reference to his (Sir Bt. Rose's) conduct.
Another letter from Sir H. Rose to the Adjutant Gene-
ral, dated sth of MAY', 1863, was read, which stated that at
the time he wrote his remarks ho could not be aware, nor
were the regimental doctors aware, that Mrs. Lilley had
consumed a large portion of the spirits tent to their bun •
low. The real interpretation of Lis remarks was that the
ga • was in the h-b't I • •
sergeant major ( ally 01 drinking spirits,
which in connection with the heat of the climate increased
his predisposition to disease. Ho also stated that ho had
never gone to the extent of actually attributing his death to
drunkenness,

The next letter Was from Dr. Bsatson to the Adjutant
General at Slatla, dated July 20, 1863, stated that 00

fact of 23 bottles of brandy and other liquors being drunk
had been established, but that it had been shown that
Mrs. Lilley had consumed a large portion. Tht re still, how-
ever, remained a sufficiently large portion unaccounted for
which might have been taken by Sergeant Major Lilley, and
it seemed to have been proved that he took seven or eight
glasses of brandy and soda water every day, which was quite
sufficient under the circumstances in which he was placed to
superinduce an attack of apoplexy, The letter also ex-
plained that, although the sergeant major might have been
in the habit of taking that quantity he did not necessarily
show signs of intemperance, nor would the post mortem
examination, or even the dissection of the body, show signs
of a large consumption of alcoholic drinks. It seemed, how-
ever, certain fr,,in the evidence that ho did drink to such an
extent that an attack of apoplexy was almost sure to follow.
Another letter from Dr. Beatson was then read, dated
Army I-lead-quarters, 28th July, ]863," wh ch stated
that Sergeant Major Wakefield had not been sent to the
hospital, as had been said, raving bad. On the contrary,
he showed no sign, of mental aberration.
The next letter was from Sir William Mansfield to the
Adjutant GATeral of the Army in India, dated Poonah,
July 13, 1863, which stated that the conduct of Dr. Turn-
bull and Dr. B trnett in making interpolations in the case-
books was most reprehensible, and that as information had
just reached him that Colonel Crawley was to be tried by
court-martial he had detained the cane-books, which would
be sent to England to form part of the judicial investiga-
tion.

The next letter was from Sir Wm. Mansfield to the Ad-
jutant General of the Army, dated July 16, 1863, stating
that he.had received strong circumstantial ev►dence from
Colonel Crawley of the improper manner in which he had
been served by the medical officers, which information he
forwarded on.

The next was a letotefr,rdesated Poonah, Aug. 14, ISG3, to
correspondence,and statie army
in. India, simply enclos-
ingthe Adjutant General
The
that his opinion of Dr. Turn-
bull was already on record edenclosures alluded to in the
letters had reference to the conduct of Surgeon Turnbull,
systematic
IN hich it was stated was in accordance
resistance which Surgeon Turnbuoljilancwl oitthhetrheofficers had
instanceh of. which was
exhibited towards Col. Crawley,
refused. to
exhibited in the fact of Surgeon Turnbull
,alnvd also. forward replies to certain queries submittesdarvtionghim by his
Surgeonoe
commanding officer after promising to do
re-
ferring to the interpretation of Sergeant Maio' Wakefield's
case in the hospital books, there having been no previous
mention of his case. The enclosure also accuse
g.
Turnbull with withholding information and with
impropriety of conduct. It was signed by Major. General
Green, commanding the Mhow division.
The next letter put in was from Surgeon Turnbull to
Colonel Crawley, and stating that it was usual to provide
medical comforts for female patients in the hospital, but
that Mrs. Lilley was in a position to provide her own diet,
and was allowed to remain in her husband's quarters, it not
being the custom to insist upon the wives of non-commis-
sioned officers going into the hospital.
A letter was then read from Major Chappin to Major
General Green, stating that in consequence of the debate
which took place in the House of Commons he had sent to
Major General Farrell all the documents,which proved that
Lieut. Fitzsimon had voluntarily withdrawn the charges
he had brought against his commanding officer, and com-
menting on his conduct as not being strictly honourable in
repeating those charges to the home authorities.
.. .

Colonel Crawley —said he now wished to read a regi-
mental order of his, dated ,6 Mhow, 27th May, 1862." It
stated that his attention had been called to the number
of soldiers who were daily reported sick, and who at-
tended the hospital. He should be sorry to at-
tribute this to any desire to escape parade or
drill, which would be to suppose unsoldierlike qualities
in the Inniskilling Dragoons, which he did not believe to
exist. He rather attributed the circumstances to the men
exposing themselves to the sun, and iu going to the bazaars
where they drank the pernicious liquors sold to them by
unscrupulous natives. He hoped this would be attended
to, as he had no desire to resort to roll call or any other dis-
agreeable cause to enforce what was for the good of the men
themselves.

After some discussion on the reception of the documents
which had been read,
Colonel Crawley said he was now ready to call his wit•
nesse&

Capt. Francis George Savage Curtis, of the 6th Dragoons,
was called and examined by Colonel Crawley.

Were you, on or about the sth of November, 1862,
present at my house at Mhow when a conversation took
place between me and Lieutenant Fitzsimon in reference to
the arrest of Sergeant Major Lilley F—l was.
State as nearly as you can recollect what passed in refer-
ence to the arrest F—Colonel Crawley asked Lieut. Fitzsimon
if he had seen the sentries posted himself. He had to ask the
question two or three times before Lieut. Fitzsimon would
give him a decided answer. At last Lieut. Fitzsimon said he
had not seen the sentries posted himself, but had contented
himself with visiting them once or twice a day afterwards.
Did Lieut. Fitzsimon at that time allege any cause for
not having seen the sentries posted himself ?—No, I Ld not
hear any.
Did he on that occasion say anything about having ab •
stained from entering the house to see the sentries posted,
on account of the state of Mrs. Liners health ?—No, 1
neves heard anything of the sort.
Were you present at my house on or about the 7th of
Nov, 1862, when I had a conversation with Lieutenant
Fitzsimon about the withdrawal of an appeal he had ad-
dressed to the Commander-in-Chief ?—I was.
State as nearly as you can what took place on that sub-
ject ? —Colonel Crawley read out to Lieut. Fitzsimon a com-
munication he had received from Major General Farrell or
Major Champion, stating that his protest against the
Commander-in-Chiet's remarks on his evidence at the court
martial was insubordinate, and recommended him as being
a young officer to withdraw it. The Commander in Chief
thought it better to give him an opportunity of doing so.
Colonel Crawley then asked Lieut. Fitzsimon whether he
wished to withdraw the letter, to which Lieutenant Fitz-
simon said, that if Major General Farrell and Colonel
Crawley wished him to do so, he would withdraw it. Col.
Crawley said he had no wish that he should withdraw it,
as it would be better for him (Colonel Crawley) if the letter
went on. At length Colonel Crawley gave him a quarter
of an hour to consider the matter, and at the end of that
time Lieut. Fitzsimon said he would rather send a written
answer, which I believe he afterwards did.
On the 26th of April were you present in the orderly
room at my house when the sergeant majors were examined
previously to their being placed under arrest.land were Mr.
Davies and Captain Renshaw present ?—I was ; they were.
Were you present at the Mhow court martial when Ser-
geant Major Lilley made his statement as to the indignities
offered to his wife f-I was.

Were you sitting close to me, and if so, state what was
my behaviour on that statement being made ?—I was sitting
quite close by you. When Sergeant Major Lilley said he
had been subject to these indignities; I can well remember
Colonel Crawley's look of astonishment. He turned round
to me, and said, " Good God, can this be true."
Sir A. Horsford did not ask either of the witnesses any
question.
Lieut. Hamilton John Wallace, of the 6th Dragoons,
examined by Colonel Crawley. He said he was at Colonel
Crawley's house on the 3d of October, when a conver-
sation took place between the Colonel and Quarter-
master Wooden relative to a letter in the Deccan
Herald. No one else was present. Colonel Crawley readb
out a portion of the letter in the Deccan Herald, written by
Mr. Smales, and asked Mr. Wooden several queszioos a
art
it. He asked Mr. Wooden if he had heard lately
Smales. Mr. Wooden said he had not. IColonel
said he remembered the occasion referred to whte.n_
zsimon
Crawley in the orderly room complained to Lieru le't
and his say-
of persons having access to the sergeantl mseaja'orrest.
Colonel
;`,lr. frrooden.
ing something about the meaning
and his wife sick,
Sergeant Major Lilley was mahrris
Crawley asked Mr. Wooden if he oiedhfacdoreminded him that
letter. Mr. Wooden
as not think it wouldn
as stated by Mr. Smales in
said he had not, aad
that be
done so. Colonel
kind, and that
to have
be had heard hi Craw_
have ,become isbn
law then asked him
whether Smales about " 113 make
by
14,' r.
Mr. Wooden said married
the speech quotedor
single, officer or soldier. he did not
thin of the '
remember him "'ling anly) redg
the only thing be remembered e hearing was
something
which was said by Colonel Crawley about the meaning of
Colonel Crawley then asked h' --
close arrest. him whether he
had told Mr. Smales what he had stated in the letter. M
Wooden replied that he never told Mr. Smales r.
Woo
tit at all. Colonel Crawley said ' anything
about it was very odd, and
that he could recollect nothing about it. Mr. Wooden
said that he could not remember much
he was in the habit of being so muchabout it either, as
in the orderly-room
and hearing so many conversations, that ho could not re-
memberg any one in particular.
Artorssier Franzee, a parsec merchant, said the bill (pro-
duced)
Major Lilley in the Tway,
of liquors supplied to Ser-
geantand June, 1862. (The months of March, April, ay,
statements as items were read, and bore out the
to the quantity of brandy, gin, wine,
and beer supp!ied to
the bill was 103 the sergeant major. The amount of
rupees.)
Alter sAne further evidence the court adjourned.

consists
oanTi
sniHst.Ehs
eßtuoisisoiwiiiingFLEET.—From an official list we
frigates, information :—The Russian fleet
at present of,—Steamers s • 9 screw liners, 12 screw
iron-
clippers, iron-clad
frigates, 22r screw core` ties, 12 screw
Ccl -81 1 iron-clad battery (and 12 inure building), 1 iron-
' ad
schooner, 79 screw gunboats, 2 screw yachts, 31 screw
schooners and transports, and OS smaller paddle steamers—
total 293, with 37,007 horse power, and 2,337 guns. Sailing
vessels : 9 line-of •battle ships, 5 frigates, 3 corvettes, 3
brigs, 13 schooners, 2 gunboats, 2 tenders, 13 transports,
12 yachts—total 62, with 1,304 guns grand total 310 ves •
sell, with 3,691 suns. The personnel consists of 93 admi.
rats, 3,938 staff and other officers, 376 cadets and conductors,
989 civil service °facers of the nivy, and 49,405 non-com-
missioned ofg !c.rs am, men. •
MADAME RISTORI. with the theate.cal compnv
to which she is attached, is about to give a series of p Pt-
fonnances at the Theatre Carigan, Tune. Amon, the ile
pieces announced as to be produced is one entitled " kv
Nignt at Florence," which the advertisement declaree. to be
written by " Signor ilcssandraDue_n,s,e it)zen of Nape:,, and
formerly Colonel of the National Uraard of Saint-fli:rtnizl_
ea-Layo, in trance,"

SECOND EDITI N.

bUN OFFICE, HALF-PAST 4 o'CLocK.

SWEDEN.

The ilflonbladet, of Stockholm, let, says :—" We
lately announced the application made by the Go-
vernment for au extraordinary credit of three
millions of rixdolfers (sf. 70c. each) for armaments.
The Diet has just taken the matter into considera-
tion, and solved it. The four States have voted the
credit unanimously, and thus given the fullest ap-
probation to the policy of the Government.

RO

'AL DRAMATIC COLLEGE BALL.

id
The ball givenlayni:.Petnattsj
successful
ls:tr:i thenss
object
btnjo
eya
f he lunds of that excel
al
as,
Dramatic College, and for tho
pen-
sioners now resident within its veil PPjf:rt‘To!
nt hee:
every
r
pleasuretot
7so
t o those
b e
de-
served to be, exceeding ly
t
respect, and productive of much
ids fina
wilo took part in it. This is by no
wondered at, when it is tsonsidered that
of the entertainment was the support of an
nstitu-
tion which, though only recently founded, is one
of the most deserving of the many charitable
insti-
tutions of which England, with her world-
for deeds of charity, can boast. The occasion also
forms one of the few oases in the desert of the life
of an actor or actress, and gives an opportunity of
permitting the audience of a theatre to meet on a
neutral ground, without the barrier of the foot-
lights, those who nightly, throughout almost the
entire year, labour to promote the delight and con-
tribute even to the instruction of the playgoer.
The well-known zeal displayed by all engaged in
the theatrical profession so promote the welfare of
their less fortunate brethren was shown by the
long list of stewards to whom were confided the
task of issuing vouchers; and in the list were to
be found also the names of many gentlemen only
indirectly connected with the stage, but who have
its welfare earnestly at hear:. Under the auspices
of these gentlemen the entertainment was, as we
have stated, brought to an exceedingly
suceeesfal
elatecrovdedstateotfttheee, to whomlastroomsmust
night
aaihlulesotipelbeas the
The committee, testified.
awarded a due share of merit, consisted
of Messrs. Benjamin Webster, C Churchill, a
Childs,Dsßp.aineckisn,g p.c.1..
commenced, J
/J. e
qr wood, W. It. Sams, .
shortlya. n to n
b,
oaf
onrde
ITO.
o'clock to
the music of Conte and Tinney's band, at which
midnight there was little room well filled ; but by
time the room antol
to spare, though,
Amongst the visitors present unfortunately, a paucity of Zdrni
tavvriderseViscount Adare,
A. Mrs.i Vcreker, the
was perceptible.
Lord Sudley, the Hon.
Hon. H. Murray, the Hon.
e,
c:rgan, Colonel
Naylor, the Hon. Major Heneag
C. W. White, Major Gregory, Dr. IZ.adthe Hon,
Capt. Dashwood, Capt. A. Johnson, Capt.
Capt. Redman, Capt. Grant, Capt. Teasclateatchaa
Capt.
Saunderson, Mr. Benjamin Webster (master of thet.
college), Mr. and Mrs. Mellon, Miss Fanny Josephs,
Miss Poole, Mr. Frank Matthews, Mr. A. Rothe-
child, Miss Lydia Thompson, Mr. F. Buckstone
Miss Laidlaw, &c. An excellent supper was served
about one o'clock in the lower room. Whilst this
agreeable
Benjamin atheroninig proceedingshltv'sebster,wbop
waspresided,
proposed pro-
gressing
proposed the health of her Majesty and the Prince
of Wales, who, he said, was worthily following the
example of his illustrious father by promoting and
patronising the dramatic art in England_ The
toast was enthusiastically responded to. Mr. Web-
ster subsequently proposed the toast of " The
Dramatic College," which was drunk in an equally
cordial manner. " The health of Mr. Webster,"
proposed by Dr. Brady, M.P., was afterwards
drunk amidst much applause. Dancing was after-
wards resumed, and was continued with great alai-
!nation until a late hour.