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

TEE 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 llorsford, 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 three days will, it is expected, take place to enable the
prosecutor to make a final reply. After the adjournment of
the Court to-day it was intimated that the prisoner might,
if he should be 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 againvotested that any conversation at
which he was not present could not be made evidence against
him.

The Prosecutor withdrew the question.
Frangee, the Parsee merchant, who was under examina-
tion when the Court rose on Wednesday, was recalled for
cross-examination by the 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.
The Prosecutor thought the Court might put the ques-
tion.

The Prisoner protested against such a course. The Court
was bound by evidenco as will 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 mattor in the hands of
the Court.
The President—Very well, then, go on with some further
evidence.

Examination of the witness was resumed.
The Prosecutor—When yea had that conversation with
Sergeant Major Cotton, was Mrs. Lilley present?—Yes.
Did you make an arrangement to buy Sergeant Major
Lilley's goods P—l 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 zne.
Did you send a bill to Mrs. Lilley P—l di]:
about
it
?
Look at the bill (produced), and tell me if that is the bill ?
—lt is.
Was that bill paid ?—Yes, it was paid.
Who paid it ?—I said yesterday that it was paid out of the
—Mrs. Lilley and Ser-
geant-Major efurniturevn ht Ia iand
o settled
rc thingso
t
Cotton.
I bought.
Did Mrs. Lilley say any thing to you about it when she
settled ?—I do not remember.
withtoyou
The
Prebident—llave you your books with you ?—Yes,

adie sir.read
Produce them, and point out the entries of these bills
before
The theho Court.oks w e r
eAre
produced,the they E
anglish the ?
entries were
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 chit fly by the witness's clerk, who had not
been brought to England, and only a portion by the wit-
ness. The witness also stated that a pass-book was sent
when the articles were applied for, but that pass-book was
not produced, and no reason was given for its non-produc-
I 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 6th Dragoons ?"
Mr. Syms 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 the pri-
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 P—He certainly told me that in his
opinion the notice was to be received as a formal notice ;
but whether he added anything about its being a private
conversation, I cannot say,
Even if ho did so, the one
thing would contradict the other; when ho 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 wnich 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 pilt
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 P
The Prosecutor—We leave it to the Court entirely. I
thought it was the Coutr who wished to make the inquiry
from the Judge-Advocate-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•
ended 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 sertainly 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 further evidence; but they say what you now wish to
pressa is irrevelant to the issues which they are called upon
to try.
The Prosecutor—We leave the matter with the Court.