The Sun.
London, England, 1863-11-18 00:00:00

TBE SUN, LOM)ON, WEDNESDAY EVENING, NOVEMBER 18, 1863,

The Court Martial on Colonel Crawley,

ALDERSHOT SOUTH CAMP, Tuesday.
The proceedings of this long-talked-of court mar-
tial commenced to-day, at the Club, Aldershot,
v.-laion had been extensively prepared for the event.
Tie court was opened at eleven o'clock precisely.
Sir G. Wetherell, G.C.8.,
The president, having
taken his seat, the members of the Court were first
sworn by the officiatiag judge advocate, Colonel

Pipon.
Tables were arranged on each side of that at
which the members of the court martial Fat, that
on the right being occupied by the official prosecutor
Sir A. Horsford, assisted by Mr. Denison, the
deputy judge advocate. The judge advocate was
aso present. At the table on the left the prisoner
sat with his legal advisers, Mr. W. Vernon Har-
court, Q.C., and sir. Waller, of the Chancery bar.
At the same table sat Colonel James Crawley, the
brother of the prisoner. A number of officers occu-
pied scats at the upper end of the room.
The Court having been sworn and the warrant
read,

The officiating Judge Advocate read the charges,
and asked the prisoner whether he pleaded guilty
or not guilty.
Colonel Crawley—Mr. President and Gentlemen
of the Court—l humbly submit myself to the judg-
ment of the Court whether I ought to be called upon
to plead to the charges as they are at present
framed. I protest against the charges on twedo
grounds—First, because the charges are so I'm.t.
in their nature that they do not admit of my going
into the substantial merits of the whole
hciacshe
ave
respect to the grievous irnputation:n
wofficer hand
been made on my character asara
charged with
a gentleman. And while I
certain acts, I am, at the same time pre-
cluded from showing the circumstances out of
which those acts arose, and the. condition of
things which to constituted e true justification of my
conduct. Secondly, as to the first charge, I have
an objection to offer of a dlfferent character. The
first charge, while it does not deny but explicitly
admits that the order for the close arrest under
which Regimental Sergeant Major Lilley was con-
fined was proper and justifiable, does not allege in
what the unnecessary and undue severity of which
I am accused is supposed to consist. I am, therefore,
left in ignorance of the particular acts with which
I am charged, and am much embarrassed in not
knowing with what evidence I ought to be prepared
to meet them. In this respect I am advised, that the
framing of the first charge differs altogether from
the course pursued in any other tribunal, criminal or
civil. In a criminal proceeding the prisoner is in-
formed by the indictment and the depositions of the
details of the case he is called upon to meet. In a
civil cause the court will always take care that the
defendant be supplied with the particulars of the
charge brought against him. It has been laid down
on the highest authority that vagueness in the charge
is as objectionable in proceedings before military as
before civil tribunals. I have applied to the prose-
cution to be allowed to inspect and have copies of
the,depositions of the witnesses taken in India, which
would have informed me of the particulers to which
the first charge is pointed. This request has, how-
ever, been refused. I beg leave to read to the court
the correspondence which has passed between me
and the authorities on the subject :
" 5, Suffolk-street, Pall-mall East, London,
Oct. 14, 1863.
" Sir,—l have the honour to request that you will be
pleased to bring to the notice of his Royal Highness the
Field Marshal Commanding in Chief the foli9wing state-
ment with reference to the charges which, as I ao officially
informed, are to be preferred against me at my approach-
ing trial. Nearly two years have now elapsed since I Ant
became the subject of attack from the press in India, and
for upwards of a twelvemonth past my character as a
gentleman and my conduct as a commanding officer have
been assailed and impugned by the press at home in a
manner which I believe to be almost unprecedented. I
have been branded as a murderer and a tyrant, threatened
with an indictment for manslaughter, as well as with pro-
ceedings in the civil courts of this country, and learned
that on my arrival in England I should be hooted and
pelted by the mob, and that the fate of Governor Wall
awaited me. In fact, I believe that within living memory
the character of no man has suffered more from public in-
dignation
and execration than has mine. I admit, however,
that the statements of interested and unscrupulous parties,
which have been too hastily believed, may have justified
expressions of public opinion against me. If I were really
guilty of the accusations which have been brought against
me I should justly deserve the measure of punishment with
which I have been threatened. I have the consolation of
knowing that before I left India the more respectable por-
tion of the Indian press had honourably and candidly ad-
mitted that it was grossly misled by the misstatements and
misrepresentations of parties hostile to me, and that in
making the acknowledgment it has done me all the justice
in its power. I did hope that the court martial by which I
am about to be tried would have afforded me the opportu-
nity of meeting, not only the very limited and narrow
charges on which it is at present proposed to try me, but of
satisfying my countrymen how unjustly my character and
conduct have been assailed. I have hitherto, in deference
to the well recognised rule of both naval and military ser-
vices, which in matters of duty and discipline enjoins Lhat
no officer shall enter into a controversy with the public
press, persistently abstained from, in any manner, noticing
the attack to which I have been subjected ; consequently I
have heretofore ben unable to offer any explanation of my
conduct, or to vindicate my character in any way what-
ever. Under these circumstances the perusal of the
charges on which I am to be arraigned has produced
to
,me a feeling of cruel disappointment, inasmuch
am: aril satisfied that the present charges will not en-
ure
to give that account of my conduct which
the justice of the case so imperatively demands. Indepen
dent of mytenor .Own wishes, too, I was led to believe from the
inquiry' of the
the debates in both houses of Parliament that an
to ling,land bevetY fullest description would on my return
such inquiry and it is my earnest entreaty that
appeal to his It chaffs:'(-7 be ordered. I, therefore, confidently
ing in Chief, to Tcalllaillghness the Field Marshal Command-
afford me the oppostae the charges to be so extended as to
limited accusations on which of
publicly meeting not only the
tried, but also of refuting
I am informed I am to be
gthe allegations affecting me with
reference to the death
of s
sion into hospital of Seraeriltgeaat-Maior Lilley, the admis-
ge
manias, and all the infamous slanders
Wakefield as a raving
ilave so pertinaciously cir-
culated respecting
obedient, humble servant, the honour to be your
" T6.‘
L_z)itceotun.tBl..-Colonel,
1
(Signed)
130, Dragoons,"
Horse Guards
With reference to your letter
" Sir,
concluding wifh the following words, ‘tlreth_vieseelfalo4r:ehiinst.,
his Royal Highness,
to
confi-
dently
Commanding in Chief to cause the charges to be so arshal
tended as to afford rue the opportunnitvf
not only the limited accueatio
of orefw
.leh I informed ‘s
uting us,
lam be tried, but also
affecting me with reference to
.the death of Sergss allegations
Lilley,the admission into hospital of Sceregeiannfatlo'ajl.t?livaaki:
field as a ' raving maniac,' an 1l h
cs me,' I arauds slanders
so so pertinaciously circulated respect
his Royal Highness to inform yon that he does n,:;' propose
to to make any alteration in or additsiotuhetochtahreg.,saurpgoensPrwaile:h:
have been already notified to you a
you will be arraigned at the court martial ah)ut to be held
for your trial.—l have the honour to be, Sir, your most
obedient servant,
f
"J. YORKE SCARLETT, Adjutant Generals. askin.
" P.S. lam desired to take this opportunity o
ou what date after the 4th proximo you
meet the said charges, will be prepared tco'

" J. Y. SCARLETT, A,G."
" b Suffoik-street, Oct. 23.
" Sir,—l have had the honour to receive your letter of
the 17th inst. acquainting me that his Royal Highness the
Field Marshal Commanding in Chief does not propose to
make any alteration in or addition to the charges already
notified to me as those upon which I am to be arraigned at
the
court martial about to be held for my trial.
" In reply I must express my exceeding great regret at
this intimation, but I am very hopeful hisßoyal ho eful that
ness will be graciously pleased to reconsider the m
atter,for
the reasons which I shall lay before rim, as I am quite sure
it is his
parties implia(tiubstantial justice shalt be done to all the
public sh catelall be a s
these transactions, and that the gene-
ralatisfied by means of the impending in-
quiry that nothing isheld back either on the part of the
prosecution or the defendant which is essential to be made
known for their clear and impartial judgment. I am ad-
vised by my solicitor, who
has carefully studied and consi-
dered all the documents submitted to him, together with the
charges as they are now framed, with a view to preparing
my defence, that the first aharge
meet
stoo vague in its nature
rat to enable him satisfactorily to it.o He informs me that
s in civil actions in like caeca of sap
Pd
stet© in meriting, as
o
would compel the prosecuting party
toe injury the judges
ate
anmdp a complained
he believes
of, and
ained
nearly as he could, the specific injuries
the dates when they were committed,
there is no different law or practice prevailing
martial, he thinks that upon a proper application in courts
the
same
privilege will now be granted to me by his Royal Highness,
Again, my solicitor advises me that it is essential to my
complete defence and justification before the public that the
charges should be further enlarged, to enable me to put in
evidence all the official correspondence conceruing the
course and the particulars of the arrest of Sergeant Major

Lilley and his two companions, because this correspondence
discloses every material circumstance connected with the
procedure, and will, as he advises me, prove to the public
that I only discharged my duty in the steps I took on that
occasion. I feel persuaded that the advice my sclicitor has
given me is based upon his long experience ; and as I
have the fullest reliance ou his judgm Ili-, and in his
desire to see substantial justice done both to me and to all
who are concerned in the pending court martial. I submit
his matured suggestion with confidence to his Royal High-
ness, and venture to believe they will bo graciously ac-
cepted. lam most anxious that the court martial should
be proceeded with as soon as possible, and after I shall have
received your reply to this japplication I shall be able to
name on what date after the 4th proximo I shall be pre-
pared to meet the charges in accordance with the request
contained in the postcript to your letter of the 17th inst.—
I am, &c. "T. R. CUA:WLEY.
" To the Adjutant General, Horse Guards,"
" Horse Guards, Oct. 31, 1863.
" Sir,—Having had the honour to lay before the Field
Marshal Commanding in Chief your letter of the 23d, I am
directed to acquaint you in reply that his Royal Highness
does not find therein any sufficient cause for deviating from
the decision communicated to you in my
letter of the 17th
inst., and I am to add, with reference to your suggestion,
that the specific injuries complained of, and the dates when
they were committed, should be stated in writing, that his
Royal Highness is informed by his responsible legal adviser
in matters of this nature that he sees no sufficient reason
why that should be done.—l have the honour to be, sir,
your obedient humble servant,
"J. YORKE SCARLETT.

To Lieut. Colonel Crawley, 6th Dragoons."
4; South Camp, Aldershot, Nov. 5, 1863,
Sir,--I have the honour to acknowledge the receipt of
your communication dated 31st ult., in reply to my letter
of the 23d, informing me that his Royal Highness does not
find therein any sufficient cause for deviating from the de-
cision communicated to me in your letter of the 17th Octo-
ber—and with reference to my suggestion that the specific
injuries complained of, and the dates when they were com-
mitted, should be stated in writing, his Royal Highness is
informed by his responsible legal adviser that ho sees no
reason why that should be done. I hope I shall be par-
doned by his Royal Highness for expressing how much I
lament his final decision on this point, as I cannot
but feel that I shall have no opportunity on my trial to repel
or to refute the terrible calumnies with which I have been
assailed, nor to give that straightforward and full explana-
tion of my conduct which is essential to its being properly
understood by the public, and it will still be open to the
unscrupulous men who have traduced me to persevere, as
/ understand is their disclosed intention, in their efforts to
injure me in public estimation, I bow, however, in all
humility to his Royal Highness's decision, and have merely
to add that I shall be prepared for the assembling of the
court martial on any day that may be named."
With these remarks I humbly submit to the judg-
ment of the Court. _ _

Sir A. Horsford, in reply, said that Colonel
Crawley desired to be tried on other charges. It
has been decided, however, that the prisoner shall
be tried upon the charges submitted to the Court,
and which the judge advocate general has decided
are sufficient in law.

The members of the Court then retired for delibe-
ration, and on re-entering the chamber,
The President said that the Court had considered
the matters adduced before them by the prisoner,
and saw no reason why it should not at once pro-
ceed with the trial. He now begged to ask Colonel
Crawley whether he pleaded guilty or not to the
charges.
Colonel Crawley—l plead not guilty to both the
one charge and the other.
Sir A. Horsford, as official prosecutor, then pro-
ceeded to address the Court as follows :—I appear
before you, with the deputy judge advocate, gen-
tlemen, on the part of the Prosecution, and I think
it my duty both towards the Court and the pri-
soner to state at the outset, with as much pre-
cision and clearness as I can, what are the issues
which we consider to be raised by the charges on
wlalch the prisoner is arraigned, and to give the
general outline and bearing of the evidence by
which those issues will be supported. The charges
are two in nurn:;fir. The first charge alleges in sub-
stance that Sergeant Major Lilley and his wife were
subjected to great and grie-vous hardships and suffer-
ings, by reason of the unnenessarY and undue
severity with which the order fo:' close arrest of
Serjeant Major Lilley was carried init.? effect, and
that for this unnecessary and undue seve:itY the
prisoner was alone responsible. To substant'ate
this charge it will be necessary to prove the follow-
ing matters :—First, That Sergeant Major Lilley
and his wife were subjected to great and grievous
hardships and sufferings. Secondly, That those
hardships and sufferings were caused by the unneces-
sary and undue severity with which the order for
the close arrest of Sergeant Major Lilley was carried
into effect. Thirdly, That fur this unnecessary and
undue severity the prisoner must he deemed respon-
sible. That part of the issue which is comprised i❑
the words " great and grievous hardships and suffer-
ings," involves several considerations, and will be
supported by several distinct kinds of proof. Your
attention will first be directed to what may be
termed the mere physical incidents of the case. And
with reference to these will be produced before you
models of the buildings in which the sergeant major
was confined ; and you will be enabled to judge how
far the place of confinement tended to produce the
hardships and sufferings in question. Secondly,
your attention will be directed to the constitution
and habits of the sergeant major, and to the state of
his wife's health, in order that you may judge how
far a man so circumstanced was likely to be affected
by such confinement. Thirdly, you will have
brought before you medical evidence of the actual
consequences of the confinement ; this will comprise
generally the evidence respecting the hardships and
sufferings sustained by Sergeant Major Lilley and
his wife, and will enable you to determine
whether those hardships and sufferings were great
and grievous. The next consideration will be
whether those hardships and sufferings were caused
by the unnecessary and undue severity with
which the order for close arrest was carried into
effect. With reference to this part of the case,
the models of the buildings and position of the
sentry will have a direct and obvious bearing, and
you will be enabled readily to determine whether
even assuming it to have been right that the close
arrest was to be strictly enforced for the length of

time during which it was enforced, it was necessary,
or even reasonable or proper, that the sentry should
have been placed where he was placed, and if not,
whether the placing him in such a position did not
show undue and unnecessary severity on the part
of the authority, whomsoever you find him to be,
who caused the sentry to be so placed. With regard
to the length of time during which the confinement
lasted, it is important that I should show at the
outset, with as much precision as the matter admits,
the mode and degree in which I cousider it to be a
bearing . on the case, and I think it my duty to let
li_t, be distinctly understood that I do not consider
blame to be attributable to the prisoner for the du-
ration of the confinement, except in the manner and
to the precise extent which I am now about to in-
dicate. It
s° is to be borne in the mind that the pri-
soner received
chief 4t ii an order from the commander in
was finally adjourned, under arrest to keep Sergeant Major Lilley
the trial of Paymaster Smales
cumstance orkurpbed.
arrest, so long as the Therefore, for the mere cir-
the sergeant major in close
Crawley cannot be held responsible.
was in force, Lieut. Col.
Whicihd responsible. But the length
of time during
that as the
tith.° imprisonment actually
lasted, and the ind,fiti
signed to it by the ordee duration which was as-
r, P
to mo to become
matters for your consideration,
on to have a bear-
ing on the first charge on which anhtd
the prisoner stands
arraigned, when it is re
membered
con-
finement (by the strange terms of
Commence-
meat be uncertain in its duration, it ought to have been
made by the officer entrusted to its executionm as
little grievous as possible from its very
meat ; and as the course of events seemed ,
to ue eeren-
dering the confinement one of a more protracted
character than could have been intended to be as-
signed to it by the commander in chief, it will be
for you to consider whether some steps ought
not to have been taken either to ascertain
whether any definite limit was intended to be
assigned to it, or to represent to the authority
who gave the order tl:at the duratio of the_confine-
ment seemed to be becoming greater than he could
have intended it to be. I therefore propose to sub-
mit for your consideration whether, both in what
the prisoner did do in this matter, and iu what he
tailed to do in the matter in respect to the duration
of the confinement, undue severity was not shown
towards Sergeant Major Lilley. The evidence that
will be brought before you in support of the alle-
i lotion that theorder for the close arrest was carried

into effect with undue severity, will have at the
same time furnished proof that will enable you to
determine the third point which I mentioned to you
as requiring proof, viz., whether for the undue seve-
rity with which the close arrest was carried into
effect the prisoner is to be deemed responsible. On
this point I will not take up your time by going
it
coiewraittnio en asewei.
into details of evidence, for you will have clear
thTrheegreara
is
one
to the first charge on which I wish to make a few
(u
t fort from3,ur severalconsideration
observations. 1 have said that one branch of the
evidence that will be submitted to you in support of
that part of the issue that relates to the words
grievous hardships and sufferings," would be evi-
dence of the actual consequences of the confinement
upon the sergeant major in respect of his health. I
think it my duty testate with precision what I con-
sider to be the bearing of that evidence, and what
limits seem properly
assignable to it, so as to confine
it strictly to the issue. It will be proved to you that
in the opinion of the medical gentlemen who made
post-niortenz examination of the body the death
was not traceable to any excess in drinking brandy
or other spirituous liquors of any kind, but to apo-
plexy caused by the confinement, and that the an-
noyances to which Lilley was subjected during his
confinement contributed to the breaking-down of
his health, and that had he not been in confinement
there were no medical reasons to suppose that he
would not have been in perfect health at the time
when he died. Their opinion, therefore (which you
will learn from their own months), is that the
annoyances to which he was subjected, combined
with the length of the confinement, were the sole
known and assignable causes of his death, In this
view of the case it is manifest that those annoy-
ances in some degree contributed to cause his death,
and that they did so by in some degree tending to
break down his health, and so to accelerate his end.
That is a matter which will be submitted for your
consideration, and it will be for you to determine
whether so far as the evidence of the medical gen-
men is not of weight as bearing on that part of the
issue which is comprised in the words " great and
grievous hardships and sufferings." For hardships
and sufferings that in any appreciable degree con-
tribute to kill a very strong man in so short a space
of time, seem to be fitly characterised as great and
grievous. The evidence of the medical gentlemen
will, therefore, be lail before you, not as showing
that the prisoner is chargeable as having caused the
death of Sergeant Major Lilley, but only as evi-
dence that so far as that death is in any degree (be
that degree what it may) attributable to the hard-
ships and sufferings he sustained, so far is it evidence
that those hardships and sufferings were " great and
grievous." The circumstance that the length of
the confinement itself might have been far more
instrumental in causing the death than the hard-
ships and sufferings to which he was subjected dur-
ing the confinement, becomes in this point of view,
and to that exact extent, immaterial to the issue
which you have to determine. For if it be granted
that the death was mainly attribatable to the length
of the confinement, it still leaves as much operation
to the hardships and sufferings as you may think
the evidence warrants you in assigning to those
causes, and therefore just to that extent, and no
more, will the hardships and sufferings be proved
to have been great and grievous. I believe that,
so far as regards the first charge, I have now shown
sufficiently the nature and limits of the issues which
I propose to support in evidence. With regard
to the second charge, the issue thereby
raised is shortly this : whether the prisoner's
statement that ‘. it was Lieutenant and Adju-
tant Fitzsimou's fault if Major Lilley's wife hod
been incommoded or annoyed by the precaution
taken for the sergeant major's safe cus-
tody," is correct, and if it be not correct, whe-
ther, at the time when the prisoner made the
statement, he knew that Lieutenant and Adjutant
Fit zsimon had acted iu the matter by his (the pri-
soner's) express order and directions. It may be of
service here to call your attention to one or two
dates. The prisoner made this statement to the
court-martial on June 7, 1862. Sergeant Major
gave his evidence to that court on May 7,
1862, so that the inconvenience and annoyance to
his wife then spoken of by Sergeant Major Lilley
must have occurrei: between April 20, on which day
he was placed in arrest, and Mly 7. Its will be
proved to you that up to the L'.rue of Lilley s giving
his his evidence the prisoner's orders ale_7lll the position,
of the sentry had been most positive an,' precise,
3ml issued in a manner that made it unlikei
y
that they would not be attended to ; that these
orders were given by the prisoner himself in
the orderly-room to Lieutenant Fitzsimon, in
the presence and hearing of several witnesses, a
very few days before May 7, notwithstanding ob-
jections being raised to them by Lieutenant and
Adjutant Fitzsimon himself, and Sergeant Major
Cotton at the time of their being given, on the
ground that they would, if enforced, cause incon-
venience to Mrs. Lilley and annoyance to her hus-
band. If this be proved to the satisfaction of the
Court it will be for you to consider whether Lieu-
tenant and Adjutant Fitzsimon could have been to
blame for what took place with regard to the post-
ing of the sentries, and whether the prisoner on
Jane 7, when he made this statement, could have
really thought that Lieut. Fitzsimon was to blame
for it. I think it right, in conchision, to state that
so far as the prisoner is concerned the legality of
the order for the confinement of Sergeant Major
Lilley will not be called in question. I shall now
proceed to call my witnesses.
Mr. J. Sisollicy, chief clerk in tae kedge advocates
office, handed in the official proceedings of the Mhow
court martial.
Col. Crawley said that it must be taken subject to
any inaccuracies.
Major J. Hyde Champion, of the Bombay Staff,
proved the accuracy of the models produced of the
two bungalows in which Sergeant Major Lilley was
confined, but added that one of the models was not
taken from the actual bungalow, which had subse-
quently been pulled down, but from a similar one.
Col. Crawley applied to postpone the cross-exa-
mination of this and the subsequent witness to the
following day.
The official prosecutor made no objection, and the
application was allowed.

Lieut. and Adjutant Fitzsimon sworn—l was adjutant of
the regiment on the 26th of April, 1862, at Mhow. I had
a conversation with Colonel Crawley that day on the sub-
ject of the arreA of Sergeant Major Lilley. I was sent for
to Colonel Crawley's house. He asked me if I knew who
was in the conspiracy going on against him. I said I was
not aware of it. Ho said, then I did not do my duty as
adjutant, for I should know everything. He told me that
Regimental Sergeant Major Lilley, and Troop Sergeant
Majors Wakefield and Duval were in a conspiracy against
him. He ordered me to place them under arrest, which I
did. I asked if sentries were to be placed over them. He
told me he would let mo know, because to the best of my
recollection he wished to speak to the general about it. Sub-
sequently he gave rue a written order to place sentries over
the quarters of the prisoners. The order now produced by
the prosecutor is the one I received. The order was that
each of the parties mentioned should bo placed under close
arrest with a sentry over each, and that no person was to
hold communication with either of them. It was signed by
Col. Crawley, dated April 28, 1862. When I received it I
gave it to the acting sergeant major, Cotton, and told him to
have the sentries posted. I did not see them posted, but went
afterwards and inspected them. The sentry was in the ve-
randah outside the building. I cannot say that the first
sentry I visited was the first posted. I had some sub-
sequent conversation with Colonel Crawley a few days after
in the regimental orderly room in the barracks. Colonel
Crawley said to me that persons held intercourse with the
prisoners, and asked me if I knew what close arrest meant.
Ile said that it meant that a sentry was not to lose sight of
his prisoner night or day, and gave me the order that a
sentry should be placed inside so as not to lose sight of the
prisoner. The acting regimental serjeent major, Cotton,
he made a remark to Colonel Crawley that Serjeant Major
Lilley was a married man. The answer of the colonel was
made
ordered
a the acting
to the effect, officer or soldier, married or single, he did not
care. I am not sure whether the words "a damn," were
added, %but I rather think they were " duty shall be done,"
accttoi nt
the
es etrejsetaonft majormy
:oe
oto
ll
recollection
oi
nt
idone.tw as
on
also
that remarkoccasion)
band was obliged
datt Mrs. Lilley was sick, and that her hus•
day. Major Swimeakrub some liniment on her chest every
Captain Weer, Ser e was present on that occasion, also
Cotton. When I Sergeant Major Woodin, and Sergeant Major
I laid before him a written
the order from Colonel Crawley
I tries for his approval. order for the p t g f the sen-
and then signed it. I
gave
the
eed to it on© or two WL.7l4'
major that he might place th© order to the acting sergeant
sentries. I
order or a copy of it. I was ill about iha have not got that.
Snell became acting
adjutant, That t time, and Cornet
a
as about the 4th or

sth of May. I resumed my duties on the 16th of May. I
was suspended from the adjutancy on the 22d of May. I
had known Sergeant Major Lilley ever since I had been in
the regiment, at the commencement of 1859. I always
heard the highest character of him. I never saw him in
the least intoxicated. He had never been reduced to my
knowledge, and I believe his name had never appeared in the
defaulters' book. I never visited the sentries posted over
him as orderly officer. I never received any order from
Colonel Crawley to remove the sentry from inside Sergeant
Major Lilley's quarters. There was an order given about
his having exercise some time after the arrest. After the
proceedings of the Mhow court martial the witness proceeded
to state that he had leave of absence. On his return from
leave of absence ho wrote a letter to the acting adjutant of
the regiment for the information of Sir Hugh Rose. He
wrote that in consequence of remarks made by his excel-
lency with regard to him on the court Martial at Mhow,
and also in consequence of certain remarks made by Colonel
Crawley with regard to him on the court martial. On the
day after, on the same day that he forwarded the letter,
Colonel Crawley sent for him to his house, made several
remarks on his letter, and gave it back to him, saying that
if witness wished he would forward it, or that he might
make any changes in it ho might wish. He took the
letter, and after considering the matter he sent it back, with
a request that it might be sent on to the commander in chiet.
About a fortnight afterwards Colonel Crawley again sent
for him, and read out a letter from Major Champion, who
wrote it, he was told, by direction of General Farrell. He
had not got a copy of the letter, which was simply read out
to him. _ .

Sir A. Horsford said if the letter could be produced it
should be.
Colonel Crawley objected to the purport of the letter being
stated. .

~„....._
The President said the evidence might be compared with
the letter when it was produced.

Colonel Crawley said it might not be produced at all.
The President--What became of the letter ?
Witness said that Major General Farrell read the letter,
and on stating that it was insubordinate, he withdrew it.
(The letter was put in.)
On the request of Colonel Crawley the letter was read,
and contained a reprimand of the witness on account of his
appeal, and permitting him to withdraw it.
Witness—He held in his hand a letter, which he forwarded
for the information of the commander in chief, and which
the major general considered insubordinate.
The President thought that the letter had nothing to do
with the case, 'When an officer withdrew a letter it ought
to become a nullity.

Sir A. Horsford said the object was to show that when
he heard what Colonel Crawley had said about him he was
anxious as soon as ho could to state what had really
occurred,

,addisclosed that Mr.
and that he carried them
The President thought it would be bettter not to put in
Y
Fthiotzsesimleottnerrse.ceivTedhoceretvaiidnenorcdoeraslre
out. The letters were useless.

After some conversation the letters were admitted and
read. The original letter expressed the regret of the writer
that Sir Hugh Rose had considered his evidence unsatis-
factory, and hal animadverted on his conduct in placing
the sentries, explaining that all that had been done under
the direction of Colonel Crawley. On being recommended
to withdraw that letter he wrote a conditional letter of
withdrawal. He was again sent for to Colonel Crawley's
house. Colonel Crawley read out a letter from Major
Champion, in which it was stated that he was to assign no
reason for withdrawing his letter. His (witness's) present
position in the regiment was that of lieutenant and adju-
tant, but not doing duty.
The President—ln what year did all this happen that
you have stated ?

Witness—ln 1802. The conversations between himself
and Colonel Crawley might not have been what he had
stated, but he had given the substance of them.

The cross-examination of the witness was postponed
until to-morrow.

Colonel Crawley said he did not wish that there should
be any delay with regard to the letters, The lettere which
had been produced he admitted.

Private Cuthbert Blake, of the 6th Dragoons, being
sworn, said he was corporal of the guard on the Ist of May
on Sergeant Major Lilley, at Mhow. He posted thesentries
outside the doors. He was confined in consequence on a
charge of neglect of duty--for not posting the sentry inside.
No such order had been given. After he had been placed
under arrest ho was tried by a regimental court martial, the
charge against him being neglect of duty to a regimental
order.

The cross-examination was postponed till to-morrow.
Edward Griffith Sims, confidential clerk in the judge
advocate general's office, produced the original of the court
martial on the last witness on the sth of May. The charge
against him was for not posting the sentries as had been
directed. The court martial found him guilty of breach of
orders. (I he proceedings of the court martial were read,
and ho was sentenced to 42 days' imprisonment. The Court
recommended him to mercy, and Colonel Crawley, attribut-
ing his conduct to stup;dity, remitted the punishment, and
allowed him to rejoin his regiment as a private dragoon,
depriving him of his office of corporal.)
Edward Mills, serjeant of the 6th Dragoons, said he first
mounted guard on Sergeant Major Lille), on the Ist May,
1862. Ou visiting the sentry about 20 minutes before 12,
he found the sentry outeido of Sergeant Major Lilley's
bungalow. He asked him the reason, and he said that was
where the corporal placed him. He went to the guard-
room and called the corporal out, asking him the reason
why he placed the sentry ouiside. He gave no reason, but
asked witness not to report him. He irnrnedialely went and
reported hint to the acting regimental sergeant major, who
ordered him to be placed under arrest. He went into his
room and got another corporal. The offending corporal (the
last witness) was brought before a court martial and sen-
tenced to 42 days' imprisonment, which Colonel Crawley
forgave him. Sergeant Major Lilley was allowed to take
an hour's exercise twice a-day by the doctor's order. He
was always accompanied. At first they went jogging and
trotting all round the race course together. The second
time the sergeant in charge was to walk in the rear of
Lilley, so that thero might be no conversation between
them. Lilley was a man who consumed a great deal of
drink: he was a great, coarse, ignorant man; he drank
very heavily, and could carry a great deal. He had many
times seen hint in drink, but never drunk on duty. He
used to ride about a great deal on a pony. He could not
walk much, as he had bad feet. Witness mounted

guard a second time on the 19th of the same month
of May, and all day on the 20th. On the first time no one
was allowed to see Lilley. On the second occasion the rule
was relaxed in favour of the medical officer. On the second
occasion the sentry was posted in the servants' room, on
the first occasion outside. On the 19th the sentries were
in the troop bungalow, in the verandah; where Sergeant
Major Lilley slept that night. The order to the sentry was
that he should never lose sight of the prisoner, day or night.
He was to allow no one but the medical officer and the na-
tive servant to hold communication with him, and ho was
to saarch the native servant when ho went in and out, and
take from him any letter or scrap of paper, and hand
it to the sergeant of the guard, to be by him taken to the
adjutant, and submitted to the commanding officer. These
orders were written and posted up in the guard room, and
signed by the adjutant, Lieut. Fitz iinon, and the acting
adjutant. He did not know what had become of those orders.
Sergeant Major Lilley was taken from his room to the troop
bungalow, because the former was taken down for barracks
to be built on the same spot.
At this psi iod the court martial was adjourned.

A PoAcnErt SHOT.—On Friday evening last a
keeper named Henry
Hill, in the employ of Lord Rivers, of
Rushmore, Wilts, encountere3 Alfred Dicker, a notorious
poacher, who had just left a wood and entered the high road.
The keeper collared him, and attempted to search his
pockets. Dicker made a determined resistance, and beat the
keeper most severely over the head and breast with the
barrel of a gun which he had about him. A gun which the
keeper carried accidentally wont off in the struggle, and the
charge was lodged in the poacher's left thigh. This had the
effect of disabling him, and other keepers heating the re-
port came to Hill's assistance. Dicker was at once taken
to a publichouso at Ludwell, where he was promptly at-
tended to by Mr. Gregg, surgeon. The wound was not so
serious as to prevent his being taken before the magistrates
at Hindon on the following day. He was there committed
for trial at the assizes on a charge of unlawfully wounding
Hill, who has been seriously hurt. On Saturday evening
tho prisoner was conveyed to Salisbury by Superintendent
Dann, and there lodged in gaol. A hare was found upon
him when he was taken, and also a gun, with powder, shot,
and bullets.
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COURT OF ALDERMEN.

A Court of Aldermen was holden yesterday at
Guildhall, The Right l fun. the Lord Meyor (W.
Lawrence, Esq.) presided for the first time in his
official capacity, and, as is usual on such occasions,
every member present was attired in his scarlet
robes.

The Lorin MAYOR, at the commencement of the
proceedings, made a few observations to his brother
aldermen, and said he felt assured that he should
always receive from them thesame cordial and kind
assistance that had bun accorded to his predeces-
sors, and that the officers of the Court would also
do the same in their respective capacities. (dear,
hear.)

THE CITY GAOLS.

Mr. Sheriff NISSEN made a report of the condi-

tion of the gaols within the jurisdiction of the
Court, by which it appeared that there are at pre-
sent in Newgate 113, in the Debtors' Prison, White.
cross-street, 87, and at the Holloway House of
Correction 33S prisoners ; out of the number it ap-
parel that only 18 prisoners were in the infirma-
ries or under medical treatment.