The Sun.
London, England, 1863-11-19 00:00:00

SECOND DAY.

[The following appeared in the Third Edition of „The
Sun" of last evening] :
ALDERSHOT, Wednesday.
The proceedings were resumed this morning, all the
members of the Court being present.
Lieutenant and Adjutant Fitzsimons recalled and asked
by Colonel Pipon, officiating judge-advocate:--
Do you remember the date when the first order was given
for the sentry to be posted inside the quarters of Sergeant
Major Lilley ?
Lieutenant Fitzsimons—l cannot remember, but I think
it must have been before the sth of May, because a non-
commissioned officer was tried that day for having posted
a sentry outside instead of inside the bungalow,
Colonel Crawley, in reply to the President, said that he
would cross-examine the witnesses in the order in which
they had made their statements. He would respectfully ask
the Court that he might be furnished with copies of the
statements made before the deputy judge advocate general
at 11how, by order of Sir Hugh Rose, the Commander in
Chief in India.

The President replied that the Court had no such docu-
ments, nor did they know of their existence, and Sir A.
Horsford, on the part of the prosecution, said they had not
any knowledge that there were any. There had been
several soldiers examined with a view to ascertaining who
knew anything, but ultimately Sir Hugh Hose decided to
send over every one who knew anything at all of the
matter. Even had they existed as documentary evidence,
as the prosecutor did not intend to use it, therefore the
prisoner ought not to use it either. He would say that the
inquiries which were set on foot had reference to any evi-
dence that could be produced, either for the prosecution or
for the prisoner.

Major Champion, recalled and cross-examined by Colonel
Crawley—l am unable to speak
confined.
the bungalows in
which Sergeant Major Lilley
a Thefirst
to
one
was full and ample, and far larger than usually
allotted
sergeants in India. It was originally built n
ser-
geant's quarters. The large room was 3/ fee atbs a staff
inner 14 by 10, and the two rear about 10 feet 27clare16, theTtwhoe
building stood on the parade ground, and thereiu .
s El
dah in front. The entry was from the verandah intov theeran-
large room by two doors. The large room had a roofof
masonry, vaulted and shielded by a temporary grass roof.
The inner bedrooms were roofed in the same manner,
the inner wall dividing the two rooms with a,
door and doorway in the centre. The rear of each of these
rooms led into a small apartment used as bath room. Those
apartments are ventilated by windows on the north and
south side. The model produced is on the scale of 1 inch
to 2 feet, and the thickness of the masonry walls accurately
represented on the same scale being 2 feet fully. To the
best of my belief Sergeant Major Lilley had at the time of
his first confinement free access to 5 rooms and a verandah.
They were the same he occupied before his arrest. It is not
a correct description of the first bungalow in which Ser-
geant Major Lilley was confined that it was a bombproof
building that has since been pulled down as being unfit for
troops. It is not a true account of the state of things that
the first bungalow was more like an oven than a human
habitation. The first bungalow was not like the black hole
of Calcutta, or the hold of a slave ship. Captain Day,
with his wife and children and a staff of servants, occupied
similar quarters for several months. The counterpart of
the bungalow is now the female hospital for the 6th Dra-
goons. Sergeant Major Lilley was removed to the second
bungalow on or about the 12th of May,
1562. The second bungalow was similar to
those occupiett by the married men in the 6th
Dragoons, but it had on that point an advantage over many
of them, being at the end of a range of barracks, and had
therefore a verandah on two /ides of the room instead of on
one, which the central barrack quarters had not. The
second bungalow is constructed on the same scale as the
other model, and represents a portion of a long range of
bar racks at Mhow, in which the'lnniskilling Dragoons have
quarters. On the south side is a glass door and two glass
windows leading into a room 23 feet by 14. The only other
outlet to that floor leads into a smaller room on the east side
7 feet by 14, out of which room is a doorway leading into the
east verandah. Those two rooms were roofed by double
tiles, with a ventilator, and the verandah is roofed with
single tiles. The height of the walls on the south side was
about 121 feet, and of the north wall about 18 feet. The
walls are masonry. Beyond the north wall is a passage
about 6 feet wide, and beyond that again are quarters net
represented on the model, but which are shown on the plan.
The bungalow which I have just described is the
one in which Sergeant Major Lilley died. The
verandah on the south and east side is fifteen
feet wide, there being a communication right through,
and into which verandah the glass doors open. I believe
Sergeant Major Lilley had access to the room and verandah
during the latter part of his confinement in the second
bungalow, but I never visited him. When I was there
similar quarters were occupied by soldiers and sergeants.
The second bungalow was not bomb proof. There was
a ceiling cloth to the roof about the height of 12/ feet from
the ground. The object being to keep the dust from the
roof from falling into the apartment, and to make the whole
more comfortable in appearance. The building was not
unfit for human habitation. It has not been pulled down.
He was one of the staff sergeants of the regiment. The
large room, when he saw it, contained the sergeant's wife's
bed, and other articles of furniture. The same ceiling cloth
which was on the room when Lilley died was there. There
was a pan of charcoal in the room which acted as a stove.
He did not recollect that there was a chink between the
inner and the outer room. A chink was made of split
bamboos bound together close by twine. When hung
over an open doorway, it admitted the circulation of
air, but a passer by could not see through the chink into
the apartment. It was customary to line these chinks with
coloured calico, which completely obstructed the vision.
There was no curtain stretched across the apartment when
he inspected the sitting room, The curtain represented in
the model had been described to him by witnesses as having
been hung up in the apartment when Sergeant Major
Lilley lived there. He did not consider the second bunga-
low more prejudicial to the health of persons occupying it
than any other quarter. He recollected the first bungalow
being pulled down. He knew that a correspondence took
place between Colonel Crawley and the authorities with
regard to Lilley's quarters. He brought it home from
India and handed it to the Adjutant-General of the Forces.
Colonel Crawley said he now asked the prosecutor to
produce the correspondence, or to allow a witness to verify
the copies which he had in his possession.
The President—What is the object of the application ?
Colonel Crawley—My object is to prove that I made
every endeavour in my power, when Sergeant Major
or
Lilley's quarters were taken away from him,
to pr.ocure
him as good, or better quarters than he had been in postha
-
ses-
sion of, I gave official notice for the production of
correspondence some time since.
Sir A. Horsford said that the prosecution would prove
the case in the regular manner, using such evidence as
might be thought necessary. No objection would be made
to the prisoner putting in the documents in his own defence.
He (Sir A. Horsford);said he could not tell at present whe-
ther they were in his possession, but the prisoner might
obtain them on application to the Adjutant General.
Colonel Crawley said he had to appeal to the protection
of the Court in this matter. The prosecution had opened a
against him, part of which consisted
case of gross cruelty
in the room in which he
in placing Sergeant Major Lillcy
died. The documents for which he asked would entirely
disprove the case of the prosecution. The authorities had
these documents in their possession. and ought to produce
them. He had copies with them, and the witness could
verify them.
The President said
buhe t
tardcourt ly thougwouldht
ret theyire to should be
called for at this stage, hardly thought they should be
called for at this stage, but the consi-
der the qaestion.
On the return of the court,
Sir A. Horsford said that he had taken advantage of the
adjournment of the court to inquire whether the documents
in question were in the hands of the prosecution
had found that they were. Under tnesoceivrh:deence for the
tl
clearand
anees hheehad no objection to produce them, but up
on t
r
under-
standing that he did not prodpurcisetheermp
as
produced prosecution, but that if the en
must be considered evidence for the defence.uet
ed them they
The President wa of opinion that it
would be irregular
to produce them dursing across-examination.
Colonel Crawley was advised that the documents pro-
duced would have the same effect whether brought forward
as evidence for the prosecution or the defence.
The Court considered that it was for the prisoner to
determine what course to take with them.
After consultation with his legal advisers Col. Crawley
accepted the offer, and took the documents as part of his de-
fence. The correspondence had taken place between him-
self (Colonel Crawley) and the Brigade Major, at Mhow.
vere then produced and identified by
Major Champion,, as those he brought home from India.
''hey were read,
and
m
it appeared that a rersaedenttition
had been made from the that
the quarters occupied by the
General a
nt
Majoref Brigade
and
the Quartermaster of the y6th Dragoonsrge would be required
as new cavalry barracks were to be erected, and that Col.
Crawley then pointed out other buildings which might be
given over to his regiment (the Inniskilling Dragoons).
A. somewhat lengthened discussion ensued, involving
written observations and answers from both sides, followed
as to the terms on which this documentary evidence Id
been tendered sad received; but the point wafi puhreer3e,
technical, and in the end the matter remained exsct y w
the original understanding had left it.
At 4 o'clock the Court again adjourned to this morning,

" THE QUEEN V. IVILITEHURST."—This long.
pending case will shortly be. judicially disposed of.
It stands second on the list of
nisi prtus cases for the after
term sittings, wkich commence on Thursday, the 26th
inst.; but as the first case has been settled, that of White.•
burst will stand at the head of the list and be the first tried,

ANDOVER EL ECTION.

CLOSE OF THE POLL—Four O'CLOCK.

Humphrey •• • • •• • •• • •
83
Hawkehaw ,

Majority for Humphrey

THE DOCTOR'S ADVICE.

(From Punch.)
His Majesty the Elected of the Millions. Enter to

him, Dr. Punch.
Dr. Punch I have the honour to wish your Majesty a
good morning. I trust that her Majesty is in the best health
and spirits. I hope thut the Imperial Prince is all that the
fondest parents could desire.
The _Emperor. Sit down, Doctor, and don't be loquacious.
I bate too lunch talk.
Dr. P. In that hate, your Majesty, is—forgive me—part
of the secret of your people's admiration. A Frenchman
thinks it a miracle that any one .should be able to hold his
tongue.
Tice Emp. Thcre may be something in that. Anyhow
hold yours. ,
p. I thought your Majesty did me the honour of
sending for me.

The Emv. I did. But I want you to listen.
Dr. P. If I thought I should hear any ,d of
Sire, I would listen with pleasure, myself,
The Emp. If you will not be silent, Doctor, I will
municate with you through my new talking Minister.
cum.
Dr. P. I am dumb, Sire, in presence of that ruenac
The Env). 1 have invited the Sovereigns of Europee.
to
Congress, that we may settle all our troubles and quarrel;
by Arbitration.
Dr. P. And what, in the name of all that is reasonable
and humane, Sire, have I been preaching to
DOCTOR PUNCH—for the last ten years? What, in fact,
have I been preaching to all the Sovereigns, and Emperors,
and Presidents ever since I mounted the pulpit in 1841 ?
Ihe Emp. Confound you, are you going to favour me
with a verbal re-issue of all your back volumes I
Dr. P. No, Sire, but I insist upon saying that I am glad
and proud to see the greatest King of the Earth—you will
observe the masculine gender in my observation—
?Ice Emp. Well, well, everybody knows your chivalrous
loyalty to your own admirable Sovereign—get on.
Dr. P. Proud to see the greatest King of the Earth at
length converted to the faith which I have been preaching
for twenty years ; namely, that war, except in self-defence,
is a crime and a blunder.
The Emp. All wars are in self-defence.

Dr. P. That in Maxie:), Sire, for instance ? I did not
hear that the Mexicans were marching on Normandy, or
even on Cayenne, which is nearer to them, but your Ma-
jesty is perhaps better informed.
The Leap. Don't you talk cant. All wars are in self-de-
fence. Are you not defending yourself against Japan?
Have you not just destroyed an entire city which—
Dr. P. Sire, we were not talking of Japan, and I believe
that Earl Russell will have explanations to offer which will
be entirely satisfactory to—to parties without prejudice.
But that is not the point. I have been proclaiming with all
my might, for nearly half a century, that the Captains
Tongue and Pen ought to do the work which barbarism in..
trusted to Captain Sword, and I am rejoiced to have mad.)
a convert of the master of 600,000 soldiers,
The Emp. Have you done ?
Dr. P. No, Sire; I have only just begun. And then,
Sire, how truly wise it is in you, as Emperor of France,
to have taken this course. Study to be quiet; and, as my
friend Earl Russell says, Rest and bo thankful. You have.
no Constitution—

Ihe Emp. I'll hunt with you, shoot with you, dine with
you—come, I'll even sit out a melodrama in eleven acts
with you, for a thousand napoleons. Or make it sovereigns.
Dr. P. Sire, could you suspect me of a personal tcfer-
ence ? I mein that you, as France, have no Constitution,
and therefore cannot afford to racket about as sturdy Mrs.
Britannia can do. The quieter the better, and as Emperor
of France—

The Emp. " Of the French," it says on the coins.
Dr. P. But the Parisians are Frenchmen, Sire, I have
heard; and if proclivities are to be judged by elections—
The Emp. Don't remind me of that infernal Duke of
Defeats.

Dr. P. Pardon the allusion, Sire. If you can got a Con-
gress into Paris I dare say a good many Frenchmen, espo.,
cially those in the commercial and hotel line, will bo con.,
vinced that their patriotism was a mistake.
the Emp. Well, am Ito have a Congress? That's what
I sent for you to ask, but you aro so full of your self-glorifi.
cation that there's no edging in a word.
Dr. P. Consider, Sire, a struggle of nearly half a century
crowned by my finding myself the Victor of the Victor of
the world.

The Emp. Very well, Dr. Johnson, and now answer my
question. _ _

Dr. P. Well, Sirs, if you come to that, there aro several
preliminary inquiries which I must make, and the first is,
what time does your ➢Tajesty dine ?

ripe Einp. We'll ascertain, and then have a quiet weed
in the pavilion.
Dr. P. lam at your Majesty's orders. You will not re,
Bret having followed the Doctor's Advice. [Exeunt,