The Sun.
London, England, 1854-08-18 00:00:00

connection in the course of a day or two. The work-
ing parts have proved highly satisfactory.

SECOND COURTMARTIAL ON LIEUT,
PERRY, AT WINDSOR.

APPOINTMENTS.
Lieutenants William H. Annesley (1854), to the
Harrier, 16, screw steam-sloop, at Portsmouth ; Hon.
William B. De Blaquire, to the Conway, 14, flag-ship,
at Cork ; Henry Burnaby (1853), to the Swallow, 8,
screw steam-sloop, at Portsmouth; Hugh T. Burgoyne
(1854), from the Boscawen, 70, at Portsmouth, to the
Curlew; -8, screw—Ertentwidoop, at Woolwich ; Walter
W. Morris (1846), at present in command of the Ca-
meleon, revenue vessel, to the Waterloo, 120, flag-ship,
at Sheerness ; Charles R. Scott, (1854), to the Cossack,
20, screw steam-corvette, at Chatham ' • John 11. M.
Calcraft (1854), promoted from mate of the Rodney,
90, serving in the Black Sea, to the Curacoa, 30, screw
steam-frigate, at Portsmouth.
Masters— Richard W. Ward (1850), from the Coast
Guard, to the Cossack, 20, screw steam-corvette ; John
G. Anderson (1850), from the Coast Guard, to the Har-
rier, 8, screw steam-sloop; Ambrose J. A. Berton (1853),
to the Curlew, 8, screw steam-sloop.
Acting Master—William G. Aldrich (second master
of 1849), from the Janus, paddle-wheel steam-vessel, to
the Swallow, 8, screw steam-sloop.
Surgeon—Harvey Morris (1838), to the Powerful, 84,
at Portsmouth.
Acting Second Master—Charles J. Puller, to the
Janus, steam-vessel, vice Aldrich.

THE SCREW SQUADRON.
The new screw squadron in active service has been
increased by the commissioning of five more of the screw
vessels that have been recently launched, viz. :
Curagoa, 30, an improved Tribune, built at PeMbroke,
and now at Portsmouth, 1,569 tons, and 350-horse
power, is to be commanded by Captain the Hon. G. F.
Hastings (1845); an officer well known in the Chinese
war, and as 'commander of the Harlequin, 16, in her
affray with the Borneo pirates. His last service was in
command of the Cyclops, 6, paddle-wheel frigate, on the
coast of Africa.

The Cossack, 21 (similar to Highflyer), 250-horse power,
built for the'Russians by Mr. Pitcher, ataVorthfleet, and
now at Chatham, to be commanded by Captain E. G.
Fanshawe (1843), an officer who was promoted from
the command of the Cruizer. 16, for service in the East
Indies, and whose last service was in command of the
Diedalus, 19, in the Pacific. - •
The Harrier, 16, screw, 747 tons, 1001orse power,
improved Wasp and Acorn, built at Pembroke, and fit-
ting at Portsmouth, to be commanded by Commander H.
G. Austen (1846).'
The Curlew, 8, new class of screw-sloop or gun-vessel,
485, ons, 60-horse. poWer, built at Deptford, fitting at
Woolwich, to be commanded by Commander Rowley
Lambert (1853), son of Rear-Admiral Sir G. Lambert,
promoted for his gallantry at Burruah.
The Swallow, 8, sister vessel to the Curlew, built at
Pembroke, fitting at Portsmouth, to be commanded by
Commander A. B. Cranford (1854), promoted on paying
off the Alban, steam-tender, from Jamaica. ' '

As we stated a few days since; there are others of the
above classes that are being brought forward, or are in
course of rapid construction; the Pyla-les, 21, and Pearl,
21, for instance, and the Falcon, 15, just launched ; the
Fawn, Mutine, and Alert, of that class, all of which are
being fitted with the excellent machinery of Miller, Ea-
venhill, and Salkeld ; also the smaller class—Ariel, 8,
Lyra, 8, and Cameleon, B—now8—now building.
The Admiralty are most anxious that ail these vessels
should be finished and at sea, for the services of such
craft are loudly and imperatively demanded.

OFFICIAL VISIT TO PORTSMOUTH.
A Board of Admiralty, consisting of the Right Hon.
Sir James Graham, G.C.8., First Lord ; Rear-Admiral
of the Red, the Hon. M. F. F. Berkeley, C.B , Senior
Naval Lord.; and Captain Peter Richards, C.B. Fourth
Lotd, accompanied by Captain Sir Baldwin 'Walker,
K.C.8., Surveyor of the Navy ; Colonel Greene,
Director of Admiralty Engineering Works, commenced
their' annual official inspection of Portsmouth Dock-
yard and station yesterday. They landed at the King's-
stairs in the dockyard, where Rear-Admiral-Superin-
tendent Aladin and the whole of his principal officers
were in waiting to attend them in their perambula-
tions. Their Lordships immediately went to the old
and new smithies and other departments in that
quarter, proceeding thence round the steam basin on
'board the now screw-sloop Harrier, .16, which they or-
'dered to be commissioned on the previous evening, and
round by the new ships building under the patent iron
sheds, &c. The board thence repaired to the office of
the Admiral. Superintendent, and transacted business
until 2 p.m., when the First Lord embarked on the
Fire Queen and returned to Cowes, his colleagues leaving
the dockyard at half past two for the George, where
they conducted correspondence, gave audience to officers,
friends, &c.. The First Lord will hold a levee at
the Royal Naval College at 12 o'clock to-morrow,
giving audience to officers who may not have had an in-
terview with him during the past twelve months. The
Board dined last evening (Thursday) with Rear-Admiral
Superintendent Martin, at his official mansion in the
dockyard. To-morrow the First Lord gives the annual
dinner of the Board at the George Hotel. Captain Sir
Baldwin • Walker, with the Admiral Superintendent,
Master Shipwright, Chief Engineer, and their chief as-
sistants (Messrs. Moody and Miller) were on board the
Harrier, new screw-slqop, more than an hour yesterday,
having under discussion some suggested alterations for
the improvement of her machinery, which is very differ-
ent to that of other vessels.

THE 57TH FOR CORFU.
Lieut,-Colonel Shadforth's division of the 57th at
Cork will embark there in the Mauritius, 800 tons,
screw-steamer, for Corfu.
The officers .and men of the 40th and 57th, at Lime-
rick garrison, are nursing the moustache, under the re-
cent general order.
for The 71st., at Cork, gave 400 volunteers to the 57th,
Turkey.

DtAFTS FOR THE EAST.
Nine hundred_rank and file are held in readiness to
proceed from the depot battalion at Fermoy to Cork, for
conveyance to Turkey, to join the 30th, 33d, 49th,,
and 50th.

FIFTEENTH DAY—Thumper.
The general court-Martial appointed to try Lieutenant
James Edward. Perry, of the 46th Regiment, re-assem-
bled this morning in the officers' messroorn, at the In-
fantry Barracks, Windsor • Colonel T. E. Kelly pre-
siding. Major-General NN;'etherall attended as prose-
cutor ; and Brigade-Major Dalgetty officiated as Deputy
Judge-Advocate.
After some preliminary conversation,
The President said, the Court is. now prepared and
ready to hear you (addressing the prisoner) ; are you
prepared with your defence ?
Prisoner—l have neither the means nor the intention
to prolong this inquiry ; I will put in the states of the
different companies of the regiment the day before the
two companies embarked for Turkey, with the excep-
tion of those of the light compel:ye which, I understand.
are either lost or destroyed. These are the certified
extracts of the evidence given by me on the trial of T.
'F. Greer on the 21st of July last, and I wish those por-
tions to be read, inasmuch as they bear on my trial.
The Deputy Judge-Advocate read a portion of Lieut.
Perry's evidence on the trial of Lieutenant Greer, and
afterwards the Court decided that the whole of Lieu-
tenant Perry's evidence should be read. The proceed-
ings were signed by the Judge Advocate-General, Steven
Charles Denison, and they related principally to the
gambling transaction between Lieutenant Greer and
Lieutenant Perry.
Prisoner—l wish after that being read to state that
I have never received one farthing of the money I
stated I won from Mr. Greer, nor do I ever expect to
receive it.
The prisoner, on being called upon, delivered the
following defence, which was listened to with the greatest
interest, profound silence being preserved in court dur-
ng the whole of the time.
"Mee President and Gentlemen of the court-martial,—
Borne down with fatigue and- anxiety, I am now called
upon to defend myself before this tribunal, not against
clear,. open, and written charges only, but against vague
thought which hostile and vindictive witnesses have
thought fit to invent for the purpose of tarnishing my re-
putation and prejudging me before this Court and the
public; but, nevertheless, I cheerfully rise in my own
vindication, because lam persuaded that I shall meet with
a countenance of that patience which has hitherto been so
generously displayed by the Court, and because I know I
shall meet with sympathy and justice at the hands of my
gallant and honourable military judges. If I had not been
supported during these protracted and harassing proceed-
ings by a consciousness of innocence, I should long since
have sunk exhausted, humiliatel, and disgraced ; but,
with conscious rectitude, I have, as a subaltern, been
enabled to sustain this unequal contest, with only sine
friend to cheer, to advise, and to encourage me. With all
the unkindness which has been exhibited by the witnesses
for the prosecution, I ren sure you will believe that all that
could be said has been sahfagainst me. It isnot to vindictive
slanders and calumnies on my reputation without founda-
tion and support only that I have been subjected before
this Court, but I have had to contend with concert, pre-
arrangement of evidence, and conspiracy. When Lieu-
tenant Diuscombe is asked whether, since that inquiry was
instituted, and it was known that he would be called upon
to give mridence, he had been spoken to relative to the
nature of the evidence he would give, and who spoke to
him, and what they said; he declined to answer the ques-
tion. • How many more witnesses for the prosecution have
confessed discussing' the evidence to be given. and de-
clined to give the names of the parties with whom they so
discussed it ! How many answers are given in the same
stereotyped phraseology ! Are not these proofs of concert
and pre-are angement of evidence, for if there had been no
concert or pre-arrangement to conceal, 'why were not all
my questions frankly answered? Again, I say, I have to
contend with a conspiracy in' the regiment against me.
After the letter on which the two first charges are
founded was sent to the President of the court-martial on
Lieutenant Greer, Colonel Garrett called the officers
together, and, as they were anxious as far as possible to
clear the colonel and vindicate themselves, they signed
each of them papers, answering certain questions zu re-
ference to my letter, on the supposition that the Horse
Guards would thereby be satisfied and the colonel relieved
from further censure, little anticipating at that time that
shouldl be the object of another inquiry. When a second
ignore nce to the Horse Gum ds aro called upon to give
court-martial was ordered upon me these volunteers of
evidence. They have already committed themselves in
their written answers. How is the difficulty to be over-
come :? Simply enough. Only speak to the best of your
recollection—non nti ricorclo—and the problem is solved.
The ,difficulty is got over, but lam the victim. If there
had 'been no conspiracy, why did Lieutenant Curtis, a re-
lative, I believe, of the Colonel, state, first, that the
officers
did -not assemble, and, when pressed if the officers were not
in deliberation an hour, say that the meeting was for
auditing the mess accounts, Whereas Lieutenant Hesketh
says tie officers were assembled simply to discuss what ap-
peared in my letter, and the mess accounts were never
audits, lon that occasion. Will any member of this Court
give er edit to the witnesses for the prosecution—that the
evidenoe from time to time was not duly discussed, and
every hole made by me attempted to be stopped by an-
swer& stereotyped and arranged, till, driven to desperation
they p ersonaily ;attacked my private character by malig-
nant falsehood, and what pretended ignorance and *witnt
of roc, election could not effect was sought to be at-
tained by calumny as mean as it was malicious ?
I feed persuaded that as a young officer, without
a fatb er or' relative to sustain or advise him while
ae el al egda i nt'a s t deehfaerngde! hsiomseglrfaveand almost
nherilmpleersosue,anid
shall bespeak the manly and generous synipathy of every
member of the Court ; and when it is shown that I have
been attacked and surrounded by conspiracy, combination,
calumny, and perjury,
may
I not ask for more than sym-
pathy--for a speedy and honourable acquittal ? I could
have wished that the questions with respect to the prosecu-
tion had been confined simply to the charges against me,
faithful
btt nhaefes
just
fsr,i
ewt
nohd
mos
yhtshae
and that I had been spared the pain of hearing from my
feept
oa beent r
mentiony reasonst reattehda
ft
ebrmy meshunning
lc a
seaeisehgsa
si
mncbeee.reeln anti
eel
in-
jured in consequenceof my being from time to time stopped
in my cross-examination of witnesses when I was following;
could call such witnesses in
out and exposing a vein of prevarication or some ramifica-
tions of falsehood or malice, and told by the Court that I
power to break down, by an
examination in chief a
hostile witness in the same m
my defence as if it were in my
manner as by a sifting cross-
examt
inwaration at theti. I am
me sure this Court, as soldiers, were
no ae of the difficulties such a course
would entail on me. And I
"`• submit that I have another
just cause of complaint, for when I sought for the produc-
deesiarne to set at nought authority or to dis-
riors, and that what ho referred to was a,
tion of Lieutenant Sherviugtou's letter, to shake the testi-
Weal!, and to prove that I was not
mereyagjteoee mdfs
t Captainyb,
anuCP.lll superiors,
ad thrsughout been so treated by Lieu-
tenant Shervington, the vvhole of the letters were carefully
brought out, put upon record, and published, as if I had
Peccadillo of my life. With the
I airs bound in justice to this
tursitalrfeoferrrevesiryter
Court to observe that I have been treated with great for-
bearance, kindness, and consideration. The course pursued
- reen _ w___ everentitle him to my warmest respect.
by the P sid 111
never did I wi
and ratitud©, for
and kind
dignity com-
ebxeceenpotnienmey
bined with justice, uprightness, and ess. The observa-
tions that I have felt due to nsYself, in reference to the
proceedings of this Court, I am sure will not be allowed by
and honourable a body te
so gallant
militate against me. Nor will military esprit de corps be Permitted to enter pre-
• into the bosoms of those who sit here as judges
judicially
-either to consign me to disgrace and •ineeme
or by their me an injured and •
verdict to pronounce
an innocent man.
flit It will now become my pain ucuyo refer more particu-
larly to the charges made against me, an Supported nce by which those charges are attempted to be;
after which I shall enaeavour to analyse and criticise and show
the worthlessness of that evidence. The charges made
against me aro, in substance, the following
"L That I falsely stated in a letter to Colonel ITlpton
that Colonel Garrett reproached and me a fool for
my pains after I had reported to him.
"2. That it was false that I made any threat to Colonel
Garrett, either by word of moutheor in writing, that I
would appeal to the general of the district.
"3. That I stated falsely, in my evidence on Lieutenant
Greer's trial, that Captain Nicholas had illtreated other
officers on joining.
"4. That in my letter to Colonel Pi pon, the Deputy-
Judge-Advocate on Mr. Greer's court-martial, I had falsely
imputed to Captain Nicholas that he illtre ated yours of-
ficers, or aided and abetted others in doing so. g
The first witness called on the first and second charges is
Colonel Garrett, who stated that he does not remember the
particular cause of my complaint to him, but thinks it had
reference to pulling my bed about ; and that he had no re-
collection of having on that or any other occasion reproached
me and called me a fool for my pains. But when pressed,
in cross-examination, distinctly to deny that lie ever used
the words in the presence of any one, says, in a most
qualified manner, really don't think I ever did; it is a
long time ago; I cannot charge my memory with ever having made that observation. And when subsequently
asked if he had in any instance used reproachful language
to any of the offi , cers
• after a complaint of being palled out
of bed, bogs to decline answering the question. When
again asked if he recollected, or whether the acting
adjutant told him, ' that I threitened to report the
circumstances to the general of the district, he said,
`I do not recollect.' The next witness examined for
the prosecution, nu the first and second charges, was
Major Maxwell. When asked whether it was within' his
knowledge, or had he any reason to believe, that Colonel
Garrett did call, me a fool for my pains, or reproaclimefer
making a complaint, he says he never heard Col. Garrett
call me a fool for my pains, and never heard Col. Garrett
reproach me for making a •complaint. And in a subse-
quent part of his evidence he speaks of the reprimand
given to the officers of whom I complained, and that the,
reprimand was so strong that the only instance of a prac-
tical joke that he knew of afterwards was that of Lieut.
Dunscombe; yet, so defective in the memory of Major
Maxwell, that, although he could recollect Dunscombe's
business WA and noolloot Dunacoralyrs App
eal

Major, will you stand this ?" still he knew not afterwards
of any instance of an officer being pulled out of his bed at
Weedon, although that occurred only in the month of
May last. But when further pressed as to an officer
being brought down in his shirt, and placed on the table,
he says—' I have some slight recollections now it is
brought to my memory, of something of the kind happen-
iug at Wooden, but it made no impression on my mind at
the time. And this witness, in his evidence ;relating, to
Dunseombe's affair, would have left the court to believe
that all was settled amicably, for he says that Mr. Duns-
scornbe appeared in his uniform in the ante-room about
five minutes afterwards, although it is proved by Lieut.
Dunscombe and Major Fyffe that Lieut. Dunscombe threat-
ened by letter to appeal to the General of the district the
followine morning. The next witness for the prosecution
is Major Fyffe, who, when asked bo the prosecutor whe-
ther it was within his knowledge that Colonel Garrett did,
"on the occasion of my making a complaint, or on any
other occasion, call me a fool for my pains, or reprove me
for making complaints, stated certainly not, within his
knowledge, nor did he ever hear that Colonel Garrett had
so (lone. And when asked if he knew that I had ever
sent a letter to Colonel Garrett threateing to aeal
to the General of the district, stated hen never, heardpp of
such a threat, either by letter
or word, but that Colonel
Garrett might have received such a letter without his know-
ledge. And subsequently, after gr6t hesitation and several
equivocations, he said he had heard in casual conversation
that Lieutenant Dunscombe had complained to the General
as. the district by letter. I next come to Captain Sandwith,
who so discreditably attempted to assail my private Cha-
racter, and who appears to have some enormous feeling of
prejudice against me. He never heard Colonel Garrett call
me a fool, or reproach me for making complaints. He does
not know that I threatened to complain to the General of
the district. He does not know that I ever was persecuted.
This witness, who was adjutant, stated that no system of
persecution could have existed without his lasowledge, yet
it appeared, subsequently, by his evidence, that the persecu-
i time of Waldey and Knapp took place without his know-
ledge, and he afterwards boldly stated that Lieutenant
Dunscombe's letter was not to the General of the district,
but to the colonel only, whereas Lieutenant Dunscom be and
I Major Fyffe both proved that it was, through the colonel,
to the General of the district. This evidence is therefore
worse than useless. The next witness called against me is
Captain Nicholas. He never heard me called a fool for my
pains by Colonel Garrett, or reproached for reporting. Ile
never heard that I threatened by letter to appeal to the
General of the district. Lieutenant and Adjutant M'Alister
is then called. lie has no recollection of being present when
an officer was reprimanded, never heard me called a fool
for my pains. Never did I, to his knowledge, threaten to
appeal to, tho General of the district. When, however,
asked questions in reference to Dunecombe's affair, he
heard that Colonel Garrett had not reprimanded him for
making the complaint, but for improperly wording it,
whereas Lieutenant Duuscornbe says that he was blamed by
the colonel for making a threat before applying to him.
Lieutenant Danscombe is the next witness against me, but
I shall forbear making any further observation on his evi-
-1 deuce beyond stating that when asked in cross-examina-
tion whether since this inquiry 'was instituted, and it was
known he would be called as a witness, he had been spoken
to relative to the nature of the evidence- he should give,
land if so, by whom, and what did they s:.y, he replied, ' I
decline to answer the question ; ' but the effect of this pro-
concert with the witness is remarkable, for when asked if
since the regiment left Dublin he had been annoyed by the
officers forcing their way into his room and pulling him
oat of his bed, he replied, `I have by the prisoner himself,
at Manchester;' and, when urged upon the point, admits
that he was not even pulled out of his bed, but that his
door was broken open, and he believed that I did it ; as if
it were possible for him to depose under the circumstances
to such a fact. The next witness against me is Lieut.
Curtis, a relative, I believe, of Colonel Garrett. Now, he
speaks strongly on the first charge, and he states positively
that Colonel Garrett never reproached me for making a
complaint, or called me a fool for my 116insy and lie sloes
not know that I ever sent a letter to Colonel Garrett,
threatening to appeal to the General of the district. This
witness's evidence, however, is not entitled to either weight
or credit, for when asked if the officers' assembly; was not
sounded, and if all the officers wore not called together to
refresh each other's memory, he stated at first ` Certainly
not P and if the officers' assembly was sounded for any
other purpose, he was not there. But, on re-consideration,
he said he thought the officers' assembly did sound, but he
had forgotten the day; it was for auditing the moss
accounts that the assembly was sounded, and that the
meeting was •a day or two before the count martial
assembled—the (lay Colonel Garrett went to the Horse
Guards. Now Lieutenant Haskell expressly denies this • and says that !the officers were assembled simply to dis-
cuss what appeared in my. letter. This witness, how- •
ever, does not deny he said to me, that ' I think you got the •
worst of reporting this time, old fellow ; and again, al-
though this witness did not recollect Colonel Garrett call-
ing me a fool for my pains, an independent witness Capt. •
Chambers, has sworn that he told him that Colonel Gar-
rett had called me a fool for my pains for reporting, and
that the chcanistance was referred to by several officers of
the mess. Colonel Garrett is again called in reference to
the second charge, and says he never received any letter
threatening to complain to the General of the district, al-
though he positively stated that he did not recollect; but
when asked if he had no clearer recollection of my letter to
him than he had-of calling me a fool for my pains, and if
I proved he was in error when he said he did not call me 'a
fool for my pains, would he not think himself equally in
error when he said I slid nut write him the letter, lie re•
plied that if it should ba proved that he was mistaken on
either one or the other of those points it would be for the
Court, but not for himself, to pass its own opinion. Still
there is no great confidence iu Colonel Garrett's recollec-
tion, and ho admits that if in error in one case he may be
in the pthor. The next witness is Lieut. Hesketh, whose
evidence amounts to nothing against me. Ile was not pre-
sent when the reprimand was given. He does not know
whether Colonel Garrett called me a fool for my pains, and
he never heard that I had written to Colonel Garrett,
threatening to complain to the General of the district.
The effect of all which evidence on the 'first charge is,
that ,Colonel Garrett does not recollect calling me a fool
for my pains; Major Maxwell never hoard him say so;
Major Fyffe had no knowledge of it ; Captain Sand-
with
never heard it ; Captain Nicholas never heard it;
Lieutenant and Adjutant M'Alister never heard it, and
Lieutenant Hesketh never heard it. There are, there-
fore, eight witnesses, all of whom state they either
did not hear Colonel Garrett call me a fool for my
pains, or did not recollect Colonel Garrett .calling, me
a fool fur my pains. Two witnesses Lieutenants Dans-
combe and Curtis. speak more distinctly, but, for the
reasons before stated, their evidence is less than worthless.
The first charge therefore, on the evidence brought to sup-
port it,' has positively failed. My statement is an affirma-
tive statement, and is not only true in fact, but in law is
presumed to be true until its falsehood is shown. But no
quantity oft non mi'riCordo evidence can amount to truth.
No accumulation of nothings can produce an unit, for it is
perfectly consistent with my statement that all the eight
witnesses may neither not have recollected nor have heard
Col. Garrett call me a fool, and still he may have called,
and (lid call me a fool notwithstanding. I come now to a
summary of the prosecutor's evidence on the second charge.
Col. Garrett says ho never did receive my letter threatening
to complain to the general of the district, having previously,
stated that he, had no recollection of the circumstance; Ma-
jor Maxwell gave no evidence on the point; Major Fyffe
never heard of my so doing; Capt. Sandwith does not know
of myso doing; Capt. Nicholas never heard of my so doing;
Lieut. and Adjutant M'Alister had no knowledge of my so
doing; Lieut. Dunscombe has no knowledge of my so doing;
Lieut. Curtis has no knowledge of my so doing; Lieut. Hes-
keth has never heard of my so doing; so that, in fact, the
only witness who attempts to prove by any shadow of legal
evidence the second charge is Col. Garrett. I proceed now
to the evidence produced on the part of the prosecutor to
the 3d and 4th charges. Sixteen witnesses have been called
with the endeavourto prove a negative to support those
charges. Ensign Coote denies in his evidence that Captain
Nicholas on any occasion called him "a d—d son of a b—h
of an ensign," but Lieut. Waldy shows that those oppro-
brious epithets were applied by Captain Nicholas to the
witness. Ensign Hutton does not remember ever having
heard Captain Nicholas use opprobrious language towards
young officers. Lieutenant W. T. Waldy, though he
denies that he ever said or,nven wrote that Captain Nicho-
las called Ensign Coote 'a d—d son of a b—h of an ensign,'
is convicted by his own letter of having prevaricated, for
in that letter, written immediately after the occurenco, he
expressly says that Captain Nicholas did use those oppro-
brious words to Engsigu Coote at the mess table, and that
he never saw such fun; the evidence therefore of Lieuten-
ant W. T. Waldy and Ensign Coote is rendered worthless,
and the evidence of Ensign Hatton, who only deals in a
non mi ricordo relative to Captain Nicholas's opprobrious
language, does not, therefore, supped either the third or
fourth charges made against me. Lieutenant Dunseombe,
when asked if hb ever heard Captain Nicholas use oppro-
brious language to him for reporting, replies, ` Never to
my recollection e and when asked whether Captain Nicho-
las was not present whoa he (Danscombe) was pulled out
of his bed by Captain Webb, made the qualified reply,
` I do not remember that he was.' When again asked,
if any officer ever stated to him or in his presence
that he would be revenged for indignities heaped
upon him by Captain Nicholas, he replied, ` Never to
my recollection s' and when again asked who the officers
were of whom he complained, he said there were four,
but he only recollected Greer and Knapp; 'and when
further pressed as to who the other two were he said,
Captain Nicholas was not one of them.' Now, how is it
possible for Lieutenant Danscombe to say that Captain
Nicholas was not one of those officers when he-declares
he does not know who they were. He subsequently, how-
ever, endeavours to account for recollecting Greer and
Knapp, only because Knapp was in Turkey and Greer
under arrest, and his answer is very remarkable, for he
says the very circumstance of one being in Turkey and the
other being under arrest served to impress their names
on his memory. Now, will any reasonable man believe
that an ex post facto circumstance would serve to impress
the names of two of the parties on the memory of thislt: wit-
ness, t-
ness, and yet that he should still continue oblivious
the rest ? Lieutenant Ford is then called, but exhibits
_
total want of memory, for when asked whether Curtis and
Pane were not in his room when he was pulled out of bed
by Ensign Castles of the 17th, he stated that there was only
one officer of the 46th there, and that was Lieut. Greer, and
that upon his attempting to lay hold of the bedclothes, he
caught hold of him and thrust him out of the room ; but on
reference to Lieut. Curtis's evidence it will be found that
he states that he and two other officers of the 43th were pre-
sent, and that Ford thrust, not Greer, buurt.sEnunned
Ensign Castles
out' of the room, and, as Lieutenant C
succeeded Lieutenant Ford, and had not an opportunity of
looking into the newspapers andseeing
stated, he no doubt, in this
what that witness
instance,
spoke the truth.
Lieutenant Curtis appears only to be remarkably forgetful
that,t on upon
for when examined on the third and urth charges,
which he specks strongly, he admitsalleging, when
he last gave his evidence, that the meeting of the officers
to canvas my letter was merely to audit the mess accounts,
he totally forgot such meeting had been held. How is it
possible that any weight can be given to the testimony of
such a witness when he forgets so momentous a meeting as
that which was held, and attempts to substitute for it a
meeting for auditing the mess accounts, which it was after-
wards proved never took place at all ? I will not trouble
the court further as to the prevarication of this witness on
the third and fourth charges. Lieut. Lluellyn is then
called ; he simply says that he had never seen or heard
that Capt. Nicholas aided and abetted in the annoying of
young ,))'ices, And, whey tusked whetherCaptainNioholax

had any hand in throwing the things out of Knapp's and
Waldy's room, said he had not, to the best of his recollec-
tion. When again asked how many officers assisted--
he says, to the ILA of his recollection, he only remembered
one; but when pressed with a question that detailed an
amount of work that would have occupied a number of
men for a considerable time, he answers that he thinks
there were some officers in Waldy's room, but he only re-
collects himself being engaged in throwing things out of the
window, although Captain Chambers states that to was
the person who threw the things out of the window and
that ho (Captain Chambers) took thorn back again. Lieut.
when examined and asked if he ever heard Captain
Nicholas' use opprobrious language to any other officer,
replied, not to his knowledge. The next witness examine.t
is Lieutenant Greer (whom I heartily forgive for his treat-
mentpinosmityiv=sssenttosaitiul athtiaotn)t,eirs daghme.psspeaks of me, ani on whose account, indirectly, I am now
butwith ah degreeaasked
him if he did not say quite recently to an officer who is
now gone to Turkey that I bad boon an ill-treated and
badly-used man over since I joined the regiment, he replied,
' I have no recollection of it ;' and when further ques-
tioned, states that he had discussed the nature of the evidence given with one or two officers of the regiment,
but, when strongly press.id, thinks there were six or seven
officers with him, but' declines to mention their names ;
and, when asked if Lieutenant Shervinton had been au-
thorized by him to deliver any message to me, said he did
not recollect authorizing him to deliver any message to
me. It will be observed that to every important question
that was put to this witness that would tend to my benefit
and support my case, he replied by `Non mi recordo.'
Lieutenant and Adjutant. M'Alister, when examined
against me on these charges, simply says that he was not
aware that Captain Nicholas aided aud abetting in annoy-
ing young officers, as if that evidenCe, which is equivalent
to a non, mi ricordo is sufficient to prove the falseness of my
statement. Captain Campbell is the next witness ex-
amined, but with all his injastice towards me, and with
all his &site to produce an unfavourable impression against
me, he does not attempt to say more than this, that
Captain Nicholas does not aid-or abet others in annoy-
ing young officers, to the best -of his belief; but
when pressed by me with this question, ` Have you never
heard of any practical jokes in which Capt. Nicholas has
been concerned replied—and may I beg you to mark the
reply ?—' A practical joke is a wide term; I have never
known him join in a practical joke to annoy any one.' To
the rest of Capt. Colin Campbell's evidence I will not refer ;
but this I will declare, that the attempt on the part of the
prosecutor to produce a series of letters containing charges
against me that had been condoned, forgiven, and forgot-
ten. was an act of injustice I little expected at his hands ;
and• the attempt of Capt. Campbell to neutralise the
effect of Lieut. Shervinton's generous admission, ` that,
as well when he reported as afterwards, he was always
of opinion that I acted in a thoughtless and inconside-
rate manner, without the most distant intention of showing
ing contempt for authority or committing a breach of disci-
pline,' is as mean as it is malicious. Out of 16 witnesses who
were called to prove the third and fourth charges, seven I
have convicted of pre'varication. Two others of them, wheh
asked as to opprobious language used by Captain Nichols...,
simply answered ' -Von, mi ricordo! Another answers that
he was not aware ; and Captain Campbell does not deny the
perticipatioh of Captain Nicholas in practical jokes. The
rest are so young in the service I never knew them until I
came to Wiudsor. Can such evidence as this be relied upon
as a logical and legal proof of Captain Nicholas never having
ill-treated brother officers ? There was a clearer and more
distinct, a more definite mode of proof, and the only
positive, moral, and legal proof to support the third and
fourth charges, and that was the evidence of Captain
Nicholas himself. Colonel Garrett, who was immediately
affected by the first and second charges, was examined by
the prosecutor in support pf those charges, and why was
not Captain Nicholas examined to support the third and
fourth charges? Because the practical jokes referred to by
Captain Campbell, the aiding and abetting of which Lieu-
tenant M'Alister was not aware of, and the opprobrious
language so many did not recollect, but which *as in one
instance, unfortunately for the prosecution, committed to
writing, would all have been made manifest, and myself
vindicated, and Captain Nicholas shown to have ilitreated
other officers on joining. I have now dissected the evidence
given on the part of the prosecution in support of all the
charges against me, and I venture to assert, as I am told
by the higest legal authorities, that on, such evidence no
civil judge or jury of my country would hesitate a moment
to find me innocent of all the charges laid against me ; and
I am confident that, when you shall have weighed the
evidence and observed the animus of the witnesses, with
the concert and consniracy to crash me, you will, oven on
the case as made out by the prosecution, unanimously find
me not guilty. I will now proceed further to trespass
upon the patience of this honourable tribunal by referring
to the indignities I received at the hands of my brother
officers, which I was ultimately induced to resent, and
which has ended in this inquiry. When rfirst joined the
46th I was 20 years of ago. It was on the 14th of April,
1853, that I came fresh from any tutor to the barracks.
My father was then serving his country as au officer in the
Royal Irish Fusiliers, in India. I had no friends nor near
relations who were interested in me ; and I was placed in
the regiment to fight my own way in the world, with the
limited pay of an ensign, and such slight pecuniary as-
sistance as my father could afford me out •of his pay.
As officers, you must see that I was not a rich man. I
had none of ,the, zpd vantages which wealth commands,
and was therefore unable to support the character of a
fast man consistently with that of au honourable one.
Ou the contrary, I was necessarily deb ,rred from many
pleasures and many comforts which I gladly saw others
enjoy. My time I, however, occupied not in low de-
bauchery, not in drunkenness and riot, not in dis-
turbing the comfort and wounding the feelings of
my brother officers by practical jokes, as some have en-
deavoured to insinuate, but in the study of my profession;
and during the short period I have been in the regiment I
we rendered myself tolerably conversant with fortifica-
tions and other branches of the service. I have occupied
my leisure hours chiefly in the improvement of my mind,
and in the cultivation of made, drawing, and the modern
languages ; and I did look forward to the time when I
m:ght have served my Queen as a brave and able officer. No
sooner had I joined the regiment than I became the object
of continued indignities and annoyances. I was pulled out
of my bed, and on many occasions made to go through the
sword exercise in a state of nudity. My shirt was torn from
my back ; I was beaten with an umbrella ; I was compelled
by force to get into my tub; and these indignities were
practised upon me, not merely in the presence of officers,
but privates in the regiments were witnesses of the pro-
ceedings. I experienced fair some time these degradations,
and asked the advice of an old officer, who told me to put up
with such treatment as well as I could until younger
officers joined, when I should be relieved. I was not,
however, relieved, and I at last complained to officers of
the regiment—to Major Maxwell, and even to my com-
manding officer, and mot with no redress. I would cheer-
fully have submitted to any fair share of annoyance ; but
there is a limit to human forbearance, and to the for-
bearance of a friendless subaltern. On the last occasion
which occurred I dressed in fall uniform, and came down
between 2 and 3 in the morning, insisting on seeing Col.
Garrett, when I was met in the passage, and threatened
even with personal violence if I reported, and I was pre-
vented from entering the room in which the colonel and
others were regaling themselves. I sent in a written letter,
through the colonel, to the general of the district, report-
ing the conduct of the officers towards me, the next day.
He called me a d—d fool for reporting anything to my
commanding officer, and added, I was just like a child
escaped from my mother's apron strings. But I was
earnestly entreated by several of my brother officers to for-
bear ; and I was asked by Col. Garrett if I wished the
letter to go before thegeneral ; and I replied, I did not wish
to ruin any man's prospects, and would be satisfied if
Col. Garrett would give him such a reprimand as would
cause all future annoyance to cease. I consulted, on many
occasions, with Paymaster Corcoran. lie advised me to put
up with the indignities, and pointed out the course I
should pursue in applying to the general of the district.
And when I found that the complaint to my commanding
officer was treated with scorn, and I was called a fool for
my pains, and likened unto a child escaped from his
mother's apron strings, I felt overwhelmed, and went im-
mediately to Mr. Corcoran, and told him the reception I
had met with from Colonel Garrett, how I had threatened
to report to the General of the district, and how I had
consented to forbear: Ever since my determination to
resist the personal attack upon me became known, I have
been treated with coolness and my society shunned. I
became a marked man thenceforth. After repeated acts
of violence by the officers of the 46th, I reported the cir-
cumstance to Colonel Garrett, and through him to the
General of the district; he reproached me, and called me
a fool for my pains ; and Colonel Garrett gave the
offenders so weak a reprimand, that, although the acts of
aggression were discontinued, I was persecuted in other
ways. On the 29th day of June last the unfortunate affair
with Lieutenant Greer took place. I felt myself to bo in-
nocent ; still I was tried first, and had to take the whole
force of public opinion upon myself, until I was enabled
to vindicate—nay, justify myself. Although I wwatstnoenssmesy
this opinion was
1 the evidence necessary to my defence, and
trial, prevented from procuring, from adverse
was afterwards tried.
; DREADPUL MURDER BY A. BROTIIEB-IN-LAW.—Near
tcroinafilrwmaesdclobsyedt.heLDieetipteutnyanGr Judge-Advocate General, my
I was compelled to give evidence against him. I did BO
w.*
the Kir - •
Greees trial was thought by a by station, and within afew miles of the spot where
ever, called on Lieutenant
I spoke eothing but the truth. The other evidence, ho
the railway accident occurred ten days the follow.
produced
than more to criminate me support the prosecu- ing brutal murder has beezi
legal friend of mine from Ireland, who was present., to be
.
perpetrated :—lt appears
from what has transpired that a man named Hen
tion ; and he called, in a state of considerable indignation •
17
on hey solicitor, Mr. Darvill, and urged that a letter should
be written to the President of the Court-Martial. Youhave Shocklady lived with his brother•in-law, Henry Mercer,
already heard how that letter was written and how it came farmer, of Kirby Hill. They were always on the beat
into the public journals. The statements in that letter are.
however, substantially true; and although I was not morally le • vie-
nt and terms, unless when Mercer drank, when he became
responsible for its contents and never read it, I signed it at•
quarrelled
' with Shockla,dy. On the day in
the request of my friend, who delivered it to Colonel question, and just after his wife's confinment, Memel.
Upton. I did not seek by any mean subterfuge either drank excessively ; and under the influence of drunken.-
to avoid the substance or the consequences of that noss hurried out of the house, armed with a heavy
letter, for although the letter is
in the precise narrative of the circumstance itra
not l'te ll correct fork, towards a gate upon which Shocklady was sitting
begging of
have —the latter's sister following Mercer, and
been more correct if it had stated what I have would
•
previously
said about Colonel Garrett calling me a fool for my pains.
out to him
I have now stated how the causes ofthe second
first and Mercer was making for her brother, called .
him to return. Martha Webster, the sister, seeing that.
charges against me arose. As to the third
he put.charge I hate
only 'again to state that the evidence I gave ore Lieutenant kill her brother Without giving ananswer,
tc.• make off, and asked Mercer if he was going to
Greer's trial was tree, and nothing but the truth; and the
statements for ashichl am now tried were extracted from 'bine dealt him such a blow on the head with the dung.
sued her brother, who ran off, and oom.ing up with
me -rather than voltuiteered by ins. -As to the fourth fork that hee felled him to the earth, when he twice
charge, Iwish only to observe that the letter to Lieutenant again struck him. The poor fellow never spoke, and
Colonel Pipon, which was the basis of the fourth charge after a few heavy sighs expired. Mr. Woods, ea-
against me was essitam-ae a privileged communication and eon, opened the body, and a found a clean cut two.
is unfairly used against me. On my first trial Major Pack, and-a-halfg inches long at the left side of the head,
the Deputy Judge-Advocate, called on me, and told me he was as much my adviser as the adviser of the Court; and I n
d another ,wound an inch long below the left ear,
The skull
thought, of 'course; that Colonel Pipon, as Deputy Judge- besides
to the length of two-and-a-half * h
Advocate oa the second court-martial, was also my adviser, was
congestionwonn don
and
de
effusion
the
inbc
produced
and therefore wrote to him, in consequence of the unfair u
returned a ver-
course adopted in the endeavour to criminate me on a trial
murder against He
in which I was not the prisoner. That letter, however, I diet a wilful
thatw csersed death. The coroner's jury ral -
nry Mercer, who was
THIRD-CLASS"
see no occasion to retract, nor do I seek to retract it. I accordingly committed to gaol for trial.
now come to the evidence called in my defence. It was not LIGHTS IN ,ARRlkeirs.--On the occa-
magistrites strongly animadverted upon the present
in my power to produce any evidence in the regiment on sion of a recent charge of an indecent assault on a fe•
which I could confidently rely. • lily brother officers were male while passing through a railway tunnel, the Leeds
committed ; and their independence as witnesses was lust
on many lines of railway, of
leaving the third and fourthclass • y,
very reprehensible system,
to me. Captains O'roole and Hardy, and Lieutenants
Shervinton and Knapp are in Turkey. Ensign Stratton
is in the service of the Ottoman Porte. Mr. Leonard, late
of the 46th Re,iment, was seized with duarr re eprtvin
• hots. in Ire- a g female and other passengers wit- in those carriages of all protection against the brutal,
land and coda not come. To as why those ,I.m '3 the by d- • carriages srthent
to be placed pi prpzipity,--L:rd§ Mercuety•
nesses left, I have carefully gone through the states of all depraved,. or dishonest. with whom it may be their nibs.
the companies in the regiment on the 14th of July last, the fortuab