The Sun.
London, England, 1863-11-21 00:00:00

TJE4E SUN, LONDON, SATURDAY EVENING, NOVEMBER 21, 1863.

liINAHAN'S LL WHISKY v. COGNAC
BRANDY.
This celebrated Old IRISH WHISKY rivals the finest
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It i Pure, Mild, Mellow, Delicious, and very Wholesome.
Sold in Bottles, 3s. Bd., at the Retail Houses in London ; by
the Agents in the privaipal towns in England ; or wholesale
at

8, GREAT WINDMILL-STREET, W.
Observe the Red Seal, Pink Label, and Cork branded
" Kinahan's LL Whisky."

CONSCIENCE MONEY.—The SECRETARY
of the SUN FIRE OFFICE begs to ACKNO +V LEDGE
the It ECI4IIPT of .£36, recovered through the influence of a
Roman Catholic Clergyman from some party who had evi-
dentiy made an unjust claim on the ofll2e arising out of a loss
by fire.

THE COMMITTEE have much pleasure in
announcing that the
THIRD GRAND EVENING CONCERT

OF THE
ST. CECILIA'S AMATEUR CHORAL SOCIETY
will take place in
ST. JOSEPH'S HALL, Tottenham-road, Kingsland,
On TUESDAY, Nov. 24, 1863.
Doors open at 7, to commence at 7 30.
Mons. LEMAN.
Admission :—Tickets, 2s. each : body of the hall, Is. each ;
a limited number of seats will be reserved at 3s. each—to be
obtained at the Presbytery, 89, Culford-road, North ; of the
Members of the Committee ; of Mr. Edw irds, 6, Cambridge-
terrace, High-street, Kingsland ; of Mr. Gray, 2, Clarence-
place, Culford-road, North; and of A. Masset, Esq., Hon.
Sec., 13, Sandford-place, Stoke Newington-common, N.
Further particulars will be duly announced in the Pro-
gramme.

LAMBERT'S ASTHMATIC BALSAM.-AN
EFFECTUAL REMEDY, without confining the bowels
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its effects are truly beneficial. Persons deprived of sleep, or
even lying down for fear of suffocation, may depend on relief
in a few minutes atter taking it. Preparea only and sold by
W. LAMBERT, Chemist. 8, King-Walliam-street, Charing-
cross, London, and by all druggists, in bottles, 130., and
three quantities in one, 2s. 9d. each. Be particular. and ask
for Lambert's Asthmatic Balsam. The name and address is
engraved on the stamp.

THE CRAWLEY COURT MARTIAL.

FOURTH DAY.

[The followinv, appeared in the Third Edition of "The
Sun" of last evening] :

ALDERSHOT, Friday.

The court assembled at a quarter past 11 o'clock this
morning, and immediately adjourned for deliberation. Mr.
Vernon Harcourt, Mr. Waller, and the legal advisers of
Colonel Crawley, being requested to attend.
After a short space of time,
Lieutenant and Adjutant Fil zsimous was recalled for
cross-examination.

--„
Colonel Crawley—Do I understand you to state that,
however much I might have been enraged against Sergeant.
Major Lilley, the order I gave you on the 26th of April
did, in effect, cause no annoyance to Sergeant Major Lilley
in the manner of posting the sentries?
Witness—No, I consider the manner in which the sen-
tries were posted did not annoy him.
Colonel Crawley—Do you consider that the giving of
such an order showed at the time I gave it that I had any
desire to cause annoyance to Sergeant Major Lilley in xe-
spect to the manner of posting the sentries ?

Witness—l should say not.
Colonel Crawley—Did you know what was the object of
placing the sergeant majors under arrest?
Witness—l was told by Colonel Crawley that the reason
for putting them under arrest was because they were in con-
spiracy against him.
Colonel Crawley—The question was, what was the object,
not what was the reason.

---
Witness—l did not know then, but I have heard subse-
quently.

Colonel Crawley—Was the object to prevent them from
communicating with any one outside ?
Witness—l have said that I did not know the object.
Colonel Crawley—Were your instructions from me to
prevent them from communicating with any ono outside ?
Witness—Yes.

Colonel Crawley—Do you consider that it is the duty of
an adjutant in the execution of such an order I gave you
on the 26th of April to see the sentries posted himself ?
Witness—No. I inspected them. I have never under-
stood it to be the duty of an adjutant to post the sentries
himself.

Colonel Crawley--•I did not ask whether you posted them,
but whether it was your duty to see them posted.
Witness—I consider it is the duty of an adjutant to see
the place where the sentries are posted, and to ascertain
whether they are acquainted with their orders after they
are posted.
Colonel Crawley—Do you not consider that it was your
duty as adjutant to see the sentries posted in the case of
Sergeant Major Lilley, who was your own immediate as-
sistant in carrying on the duties of the regiment ?
Witness—l consider that it was my duty to see the place
where the sentries were posted. I did not consider it my
daty to post the sentries myself.
Colonel Crawley—Must not the manner of posting the
sentries in order to prevent them from communicating with
persons outside depend upon the quarters in which the
prisoners were confined ?
Witness—Decidedly.
Colonel Crawley—And in that respect must not the posi-
tion of the sentries depend on the discretion of the person
who from time to time is to see that order carried out?
Witness—l should say so.
Colonel Crawley—Who posted the sentries in the first
instance ?
Witness—l gave the order to the regimental sergeant
major. I cannot say who was the non-commissioned officer
l
r ?
Witness—l
who posted them, •
Colonel Crawley—Were the orders you gave written or
verbal
gave the orders in writing on the 26th April,
in the evening I received them from the commanding officer.
Colonel Crawley—Were those orders a copy of the orders
you put in on your examination in chief ?
Witness—The sergeant major wrote down the order
given to me by my commanding officer.
Colonel Crawley—Then you did not give orders to the
sergeant major yourself ?

Witness—Not in my own hand writing, but he copied
out in my presence from the commanding officer's original
order,

Colonel Crawley—Were the orders he took down in wr
ingan exact copy of the order I gave to you ?

Witness—They were.
Colonel Crawley—Was there anything said in my ori-
ginal order as to where the sentries were to be posted ?
Witness—l think it states that they were to be posted
over the quarters of each prisoner.

Colonel Crawley—Dees that order state that the sentries
were to be posted inside or outside the quarters.
Witness—l understood it to mean that they were to be
posted outside.
Colonel Crawley—l must press for an answer.
Colout' Sir A. Horsford (€lficial prosecutor)—lf the wit-
ness is to ba pressed upon a document that is before the
Court, I submit he may be all9wed to see it.
The President—Certainly.
Witness (having examined the document)—lt does not
mention the word inside or outside, but says over the quar-
ters, which I understood to mean outside.
Colonel Crawley—Did you ask me whether the sentry
was to be placed outside or inside the quarters when I first
gave you the order?
Witness—l do not recollect having asked the question.
Colonel Crawley—Will you undertake to say that you

did not ask the question, and that I said the sentries were
to be posted outside ?
Witness—l cannot undertake to state. I can only say
I don't recollect it.
Colonel Crawley--At what o'clock did you visit the sen•
tries for the first tiros on that day?
Witness—l have not the slightest recollection what the

time was.
Colonel Crawley—Did you visit the first sentry who was
sent down on that occasion ?
Witness—l cannot rom6mber.
Colonel Crawley—Was it not in your opinion the duty
of the adjutant in the case of so serious an arrest to visit
the sentry in the execution of it ?
Witness—ln my opinion the adjutant should visit the
sentry as soon as he has time to do so. As soon as he is not
otherwise officially occupied.
Col. Crawley—Were you in any way officially occupied
that evening in matters sufficiently important to warrant
your delaying the performance of so serious a duty, and, if
so, state what that occupation was ?
Witness—l do not remember how I was occupied. I
believe that as soon as I was unoccupied I visited the
sentries.

Colonel Crawley—Were you not occupied at mess after
the sentries were posted and before you visited them ?
Witness—l do not recollect that I went to mess that
night. I should think I visited them before I went to mess.
Colonel Crawley—At what hour was the order taken by
Sergeant Cotton ?
Witness—The time I cannot state. I believe it was be-
fore dark.
Colonel Crawley—How does it happen that your memory
is much less retentive as to these matters than as to those
of which you have spoken in so much detail in your exa-
mination in chief ?
Witness—The matters I spoke of in more detail in my
examination in chief, were matters I had written down in
the letter I wished to write to the commander in chief, and
of which I had frequently spoken, sothat tl oy wore impressed
more upon my mind.
Colonel Crawley—How long a period has elapsed since
the occurrence of these events, and the date of your letter
to the commander in chief ?
Witness—About six months.
Colonel Crawley--Had you frequently spoken about these
matters before your letter to the commander in chief ; if so,
to whom ?
Witness—l think I have spoken frequently about them
to several officers in the regiment.
Colonel Crawley—To whom ?
'Witness—l think I have spoken of it before my letter to
the Commander in Chief to numbers of officers in the regi-
ment.

Colonel Crawley—When you visited the sentries for the
first time, who was the sentry you found over Sergeant
Major Lilley and the quartermaster sergeants ?
Witness—l do not remember in the least.
Colonel Crawley—Where was he standing?
Witness—My recollection of the first sentry I visited is
that he was standing in the front verandah of the house.
Colonel Crawley—Was that position in your opinion in
accordance with the orders you had received from me?
Witness—l should say so, and I should add that I believe
the sentry had frequent orders to go round the house to
the back door.
Colonel Crawley—now do yeu know that he had such
an order ?
Witness—lt is my recollection of the orders he gave
over to me.
Colonel Crawley—Were those the orders given over to
you by the first sentry you saw ?
Witness—l cannot state.
Colonel Crawley--I understand you to state that you do
not know what were the orders given over to you by the
first witness you saw ?
Witness—l recollect the orders that were given over to
me, or the substance at least of them, but I do not say
whether that order was subsequently given to the sentry to
move round to the rear of the house on the first day or the
second. It is now more than a year and a half ago since
the events occurred, and it is very difficult to recollect the

particulars.
Col. Crawley—You have already stated that the only
orders Sergeant Major Cotton received from me was an
exact copy of my original order. See if there is anything
in that order to the effect you have now stated ?
Witness—Not in the exact words, but it is mentioned
that the sentry should not allow any communication with
the prisoner, and therefore I thought it necessary that the
sentry should walk round occasionally to the rear of the
house.

Colonel Crawley—lf the sentry had any additional
orders beyond the copy of my orders, by whom were they
given ?
Witness—l don't consider he had any additional orders.
The order for him to go to the rear of the building occa-
sionally was only to have the commanding officer's orders
carried out.
Colonel Crawley—Who was to exercise a discretion as to
the position of the sentries in carrying out my order, that
the prisoner should not have communication with any one
outside ?
Witness—l cannot see that there was anything discre-
tionary in it, as the order was that there should be no com-
munication between the prisoner and persons outside. If
there was any discretion it must be that of the sentry as to
what part of the outside of the building he should stand.
Colonel Crawley—Then I understand that in your opinion
the position of the sentry over Sergeant Major Lilley was
to bo at tbo discretion of the sentry. Is that your opinion
as an officer who at that time was an adjutant in the In-
niskilling Dragoons ?
Witness—lt is, my opinion that in order that the sentry
should not allow any one to hold communication with the
prisoner, he should occasionally go round to the rear of the
house to see that no one got in by the back door.
Colonel Crawley said that answer wax unsatisfactory, and
repeated the question.
Witness—There was no order as to the time the sentry
should go and see the rear of the house. Of course the man
was posted in one particular place in front.
Colonel Crawley—Was the order for Sergeant Major
Luley to take exercise given a long time or a short time after
the arrest ?
Witness—To the best of my recollection it was given a
short time after he was placed under arrest.
Colonel Crawley—How long a time ?
Witness—l cannot state the time without looking at the
order which was received for it, on which, I think, there is
a date.

Colonel Crawley--Do you consider one of the hardships
of Sergeant Major Lilley's arrest was the delay in my giving
the order for him to take exercise ?
Witness—No. I think the commanding officer gave an
order that he might take exercise when it was brought to
his notice that he required it.
Colonel Crawley—lf the desirableness of such exercise
had been brought to my notice earlier by you or any other
person, do you believe I should have given the order earlier?
Witness—If it had been brought to the notice of the
commanding officer by me, I cannot say—it by the medical
officer, I should say it would.
Colonel Crawley—During the time you were adjutant
did you ever ask any indulgence for Sergeant Major Lilley
which was refused by me ?
Witness—No. I never recollect ever having asked for
any indulgence for him whatever.
Colonel Crawley—You have spoken of a conversation
alleged to have taken place in the orderly room of the bar-
racks. I must ask you, as near as you can, to fix the date
of that conversation ?
Witness—The date I cannot say, but it was before the
15th of May.
Colonel Crawley—Was it before or after the arrest of
Corporal Blake ?
Witness—l cannot state positively. lam of opinion it was
before.
do you state that it must have
Colonel Crawley—Why
been before the 15th of May ?
Witness—For on the 15th of May I went on the sick list.
Colonel Crawley asked that the evidence given by the
witness on the second day of the court martial should be
read to him. It was read, and it appeared that the witness
stated before the sth of May an order was given that the
sentries were to be placed inside Sergeant Major Lilley's

quarters.
Colonel Crawley—Does it not follow, from the
th reasons
you then alleged for fixing
that
date of the conversation
that it was before the date of the commission of the offence'
for which that non-commissioned officer was tried ?
Witness—l should say so. Until after I had given that
answer I was not aware that it was on the Ist of May that
Corporal Blake had been placed under arrest. I was of
opinion that it was on the let or 2d of that month.
More previous evidence given by Lieut.Fitzsimonshaving

been read,
Col. Crawley said--I ask you to reconcile your uncer-
tainty of Sergeant Major Cotton being present with the
statement that the conversation with ino about Sergeant
Major Lilley being a married man arose out of a remark
made by Sergeant Major Cotton.
Witness-4 have stated that Ido not know whether
Sergeant Major Cotton was in the room when ho received
the order to place the sentries so that they should not lose
sight of the prisoner night or day, but that that morning
Sergeant Major Cotton was there I know. I recollect that
he remarked to the commanding officer that Sergeant
Major Lilley was a married man.
Col. Crawley—You have said in your examination in
chief that you are not certain whether Sergeant Major
Cotton was in the room when he made the remark on
which the conversation arose. Did he make it from out.
side the room?
Witness—No.
Colonel Crawley—lf you are not certain whether Ser-
i geaut Major Cotton was inside or outside the room, are you

not equally uncertain whether he made the remark at all ?
Witness—l recollect perfectly well the remark being
made, and what impressed it more on my memory is that
the commanding officer got into a great rage with him for
making the remark, and made him leave the orderly room
for saying it.
Colonel Crawley—Do I understand you to say that after
the conversation you allege to have taken place in the
orderly room, I gave you another order in writing with
regard to the arrest of the sergeant major.
Witness—No.
Colonel Crawley—l believe your evidence in chief was
this : "I laid a written order for the posting of sentries
before him (myself) and he added one or two words in his
own handwriting." Do you adhere to that statement ?
Witness—l do.
Colonel Crawley—Was the order I first gave you on the
26th of April entered in the regimental order book and
signed by you?
Witness—I think it was entered as a regimental morning
order.
Colonel Crawley—Look at the order book and see whether
that is the first entry.
Witness—Yes. I believe it to be the order.
The order was read—That Colonel Crawley ordered a
close arrest, and providing that the non-commissioned
officers should have no communication with persons out-
side, at the same time suspending the prisoners. It was
was signed by Lieutenant Fitzsimons.
Sir A. Horsford requested the Court to make a note that
the regimental order book had been taken by the prisoner
in his defence. The application was acceded to.
Colonel Crawley—Now take the regimental order book
and point out the second order written and signed by you
in reference to the arrest of the sergeant and the posting of
the sentries.
Witness—l know of no seoond order being entered in
reference to the posting of the sentries. The first order
was made by direction of Colonel Crawley.
Colonel Crawley—After the alleged second order who
was the first sentry who saw Sergeant Major Lilley rub the
liniment on Mrs. Lilley's chest ?
Witness-1 am not aware. I heard it remarked to my
commanding officer, as I heard it also myself.
Colonel Crawley—That is no answer to my question.
The President—Put it in another shape.
Colonel Crawley—Did any sentry ever see that operation
performed to your knowledge ?
Witness—l have never inquired about it from any
sentry, nor do I know,
Colonel Crawley—Then, as far as you know, the second
order did not lead to the indecency you anticipated, and
which you have stated in your evidence in chief ?
Witness—I should like to know what indecency is re-
ferred to which I stated in my evidence in chief ?
Colonel Crawley (reading)—" I also remarked that Mrs.
and that her husband was obliged to rub
lijiniiiimeYenwtaos sinheek; chest every day." What is the drift and
tendency of that remark ? Was it not that the sentry would
see that operation, and that Mrs. Lilley would thereby be
subjected to indignity ?
Witness—Yes; and it was my idea that when the com-
manding officer knew it he would not allow the indignity
to be repeated and not allow the sentry to be inside as
the order was given.
Colonel Crawley—Did Mrs. Lilley ever suffer the incon-
venience you anticipated ?
Witness-1 do not know. I have heard it stated.
Colonel Crawley—l must repeat my question ?
Witness—What inconvenience,
Colonel Crawley—ln having the liniment rubbed into
her chest while a sentry was present ?
Witness—As I have never seen it, I cannot say.
Colonel Crawley—On your oath, do you or do you not
believe that she did ?
Witness—On my oath I cannot say.
Colonel Crawley—lt has been stated in Parliament that
"Mrs. Lilley was compelled to perform all the functions of
nature in the presence of a sentry.,, To your knowledge is
that true or false ?
great concern for Mrs. Lilley,
Witness—I do not knyoowu.r
didCoitlonneevleerroacwciuerYToiynou to inquire whether she ever suf-
fered from this or not
Witness—l do not recollect having inquired.
Colonel Crawley—Were the sentries to your knowledge
ever inside Mrs. Lilley's bedroom ?
Witness—l cannot say whether they were inside the
I
matter dis-
bedroom or not.
_he
sha them
statements
eue
me nee
ever
ethsre mhbeetaehrnedr e.
the
made in your
cu Cs
soeldo,n e
al
nCdr ahwalve
presence by any one ?
Witness—l think I have heard it stated that they were
at the door or inside the bedroom.
Colonel Crawley—May I assume that if such statements
had been made, that Mrs. Lilley had to perform the func-
tions of nature in the presence of a sentry, you would have
indignantly denied them f
Witness—I should not have:denied them, not knowing
whether it had occurred or not.
Colonel Crawley—T hen that is what you consider the
duty of an officer in such a case towards a regiment of
which he was a member ?
Witness—l cannot refute that which Ido not know.
Colonel Crawley—Where did Mrs. Lilley sleep ?
Witness—l have seen the room pointed out on the model,
but I do not know myself, not having gone into the build.
ing since the arrest.
Colonel Crawley—After this alleged conversation was this
second order immediately acted upon ? Witness—To the
best of my recollection it was immediately acted upon, as I
think the commanding order told the acting regimental
sergeant to act upon it immediately,
Colonel Crawley—Did you go to see the first sentry posted
after the second order you have mentioned. Witness—l
really cannot say that I inspected the first sentry or not,
but I should say 1 did, because I know that Col. Crawley
was very strict about his orders being carried out on that

point.
Colonel Crawley—Who was the first sentry you saw, and
where did you find him posted ?_Witness—l don't recollect
who he was.
Colonel Crawley—Where was he posted ? Witness—The
first time I recollect visiting the gentry in the bungalow he
came to the back door to me. I had not gone into Sergeant
Major Lilley's quarters, as 1 knew Mrs. Lilley was sick,
and I did not like to inconvenience her. Sometimes the
door at the back was closed when I visited the sentry, and
he came and opened it.
Colonel Crawley—NVhere was the sentry posted after the
second order? Witness—The sentry was posted inside the
quarters. Ile could not have been posted in any particu-
lar place, as his order was not to lose sight of the sergeant
major night or day, and consequently was obliged to follow
him from one room to another.
Colonel Crawley—When the sergeant major went to the
water-closet, or to the rear as soldiers call it, was the
sentry bound to follow him, or insist that the door should
remain open, or was it sufficient for him to know that he
was there, and could not escape ?
NVitness—The sentry was not to follow him to the water-
closet. That was the only exception to the order.
Colonel Crawley—Could a sentry posted outside the house
make sure that the prisoner under his charge could not
communicate through the doors and windows with other
persons ? Witness—In the first building I should say not.
Colonel Crawley—ln your opinion as the prisoner was
to be prevented from communicating with other persons, it
was necessary that the sentries should be inside the house
as far as the first building was concerned ? Witness—
Yes, a sentry could watch the prisoner much better inside
than outside.
Colonel Crawley repeated the question, and pressed for a
more direct answer. Witness—Essential Ido not consider
it was, for a sentry walking occasionally to the rear of the
building, no one would dare to come near the house to com-
municate with the prisoner. Certainly on a dark night a
person might come, if he was not afraid of being seen by
the sentry.
Colonel Crawley--Do you know that complaints were
made by the sentries that they were unable to perform their
duty outside the building ? Witness-1 don't recollect.
Colonel Crawley—Will you swear that you never heard of
the sentries complaining that they could not perform their
duty of watching the prisoner while outside the building?
Witness—l will not swear that, as I dont recollect.
Colonel Crawley—Will you swear that such complaints
were not the cause of the alteration in the position of the
sentries ? 'Witness—As I never have heard complaints
made to my recollection I cannot swear that.
Colonel Crawley—Did you as adjutant make any attempt.n
to post the sentries inside the house to watch the.prisoner
without unnecessarily inconveniencing him ?
d inside the
sentrieswatchColonelthe had
Cr
mustaw I °hYa' Ts Pe
ordersstc
to follow the sergeant majora
sfro adjutant,o go intoh the th
house
Col. Crawley—Did you, m one rom to te oer.
where a sentry could be placed to watch
observetshoeapsrtisoonerl without unnecessarily inconveniencing him ?
Witness—l have a recollection of going into the house,
' but it was before Sergeant Major Lilley's arrest, and, as
stated before, I did not go again into the house, because I
knew that Mrs. Lilley was ill, and I did not wish to incon-
venience her.
Colonel Crawley—Was any report ever made by you to
me of any annoyance or inconvenience that was caused
either to the sergeant major or to Mrs. Lilley.
Witness—None to my recollection.
Colonel Crawley—Did you ever receive any report of any
inconvenience or annoyance having been caused, either
from Sergeant Major Lilley or Mrs. Lilley, or from anyone
else?
tonneesl C
Witness —I Ia
Crawley
—I heardbeg to
p
i t spokenrote s of.
against
any
evidence being thefoistedhearsay
evidence gratuitously by the