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

THIRD DAY.

ALDERSHOT, Thursday.
The Court resumed this morning, and Colonel Crawley
proceeded to put further questions to Major Champion.
We shall continue the report in our late edition.

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 Mhow, 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 Rose 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
to
Crawley—l am unable to speak both the bungalows in
which Sergeant Major Lilley was confined.
was full and ample, and far larger than usually The first one
sergeants in India. It was originally
31
tt
by 16,
e the. he
allotted to
as a staff
er T two
ser-
geant's quarters. The large room was l f
inner 14 by 10, and the two rear about 10 feete
into
building stood on the parade ground, and there a veran-
dah in front. The entry was from the verandah
the
large room by two doors. The large room had a roof
of
f masonry, vaulted and shielded by a temporary glass roof.
The inner bedrooms were roofed in the same manner,ee
the inner wall dividing the two rooms with
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 6 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 thit has since been pulled dawn 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,
1862. The second bungalow was similar to
those occupied 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 sides 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
bat 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 not
represented on the model, but which are shown en 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 121 feet from
the grouftd. 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 Fresident—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
Lilley's quarters were taken away from him, to procure for
him as good, or better quarters than he had been in posses-
sion of. I gave official notice for the production of that
correspondence some time sinc,e.
Sir A. Horsford said that the prosecution would prove
the case in the regular manner, using such evidence as
might be thought neceesary. No objection would be made
to the prisoner putting in the documents in his own defence.
He (Sir A. Horsforgsaid 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
case of gross cruelty against him, part of which consisted
in placing Sergeant Major Lilley in the room in which he
died. The documents for which he asked would entirely
disprove the case of the prosecuoon. The authorities had
these documents in their possession, and ought to produce
them.
He had copies with them, and the witness
e° u
be
l d
verify them.
The President said he hardly thought they should
called for at this stage, but the court would retire to
consi-
der the question.
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
tmenee and e he
he
in question were in the hands of the prosecution,
had found that they.were. Under those cirst
had no objection to produce them, but upon the clear under-
standing that he did not produce them as evidence for the
prosecution, but that if the prisoner produced them they
must be considered evidence for the defence.
The President was of opinion that it would be irregular
to produce them during a cross-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
(Colonel Crawley)correspondence had taken place between him-
self The document and e
the Brigade Majdor,idaent 31_110o!rb.y
er
Major Champion, as those ehnephrotodeuchedt
homea froottiti
India.
They were read, and it appearedgthat a representation
had been made from the Major General of Brigade that
the Lilley and
quarters occupied by the Sergeant Major
the Quartermaster of the 6th Dragoons 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 Dragoonsi)..
A somewhat, lengthened discussion ensued, involving
written observations and answers from both sides, followed
as to the terms on which this documentary evidence had
point was purely
been tendered and received; but the
technical, and in the end the matterremained exactly where
the original understanding had re
left it.
corned to this morning,
At 4 o'clock the Court again adj

s; THE QUEEN v. WHITEHURST."—This long.
nendl- g case will shortly be judicially disposed of.
r 13—
It stands second on the list of nisi prius cases for the after
term sittings, which 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.

SPORTING INTELLIGENCE.---This Day,

(BY ELECTRIC TELEGRAPH.)
SHREWSBURY RACES.-THIS DAY.

HERBERT HANDICAP,

Tornado
Captain Crow

Seven ran.
GROBY STAKES.

Hesper
Fravola
2

Fodr ran.
ATTINGHAM PARK STAKES,
Neilgherry
Antipodes......
Five ran.
£lO HANDICAP PLATE.

Despair ............................................ 1
Juliet
Eight run.

RACING FIXTURES FOR 1864.
FEBRUARY.
Chelmsford Spring ................ 23
MARCH.

NSborrethwatuprtyun
........
..........•2109
Nottingham Spring
31
Derby Spring
8
LiverPeol
APRIL.

Croxion-park 1 Newmarket First R '
I Sp 25
New market Craven

3 Harpenden ........ ....
20
Chester l2
Epsom ................ 24
Salisbury
17
Bath

JUNE.
Ascot
7 1 Ne orcastle-on-Tyne 29
Chelmsford ..
28 ViTorcest.ir (Summer) 30

JULY.

Newmarket July

AUGUST.
Reading
Egham
Oxford 25