The Sun.
London, England, 1854-07-31 00:00:00

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[PRICE SD.

Kahoolawe, Lanai, Moloksi, Oahu, Kauai, and Niihau,
commencing at low-water mark on each of the respective
coasts of said islands, and includes all the channels
passing between and dividing said islands, from islands
to islands ; that all captures and seizures made within
our said jurisdiction are unlawful ; and that the protec-
tion and hospitality of our ports, harbours, and roads
shall be equally extended to all the belligerents, so long
as they respect our neutrality.

" 'And be it further known to all whom it may con-
cern, tbat we hereby strictly prohibit all our subjects,
and all who reside within our jurisdiction, from engag-
ing, either directly or indirectly, in privateering
against the shipping or commerce of any of the belli-
gerents, under the penalty of being treated and punished
as pirates.

" Done at our palace at Honolulu, this It3th day of
May, 1854.
" KAILEHAMEHA.
" • Keoni Ana.
" 'By the King and Kuhina Nui,
" 'R. C. WYLLIE.' "

SECOND COURT-1f 4 RTIAL ON LIEUT.
PERRY.

WINDSOR, SATURDAY EVENING.
This morning having been appointed by. the military
authorities at head-quarters for assembling a court-
martial to try for the second time within three weeks
Lieutenant Perry, of her Majesty's 46th Infantry, the
avenues to the barracks in Sheet-street were densely
thronged by an eager multitude of civilians, who en-
deavoured to gain an entrance to the court for the pur-
pose of hearing the proceedings. As a matter of course
hundreds could not gain admittance.
The court assembled at half•past eleven o'clock. It
was composed of Colonel Thomas Edwin Kelly, of the
Provisional Battalion, president; Lieut.-Colonel and
Colonel R. Parker, Ist Life Guards ; Captain and Lieu•
tenant-Colonel Perceval, 2d battalion Coldstream Guards;
Captain and Lieutenant-Colonel Fordyce, 2d battalion
Scots Fusilier Guards ; Lieutenant-Colonel Blyth, Ca.
valry Depot ; Captain E. W. Lowe, 32 1 Infantry ;
Captain C. Sawyer, 6th Dragoon Guards ; Captain the
Eirl of Longford, 2d Life Guards ; Capt,iin W. H
Pechell, 77th Infantry ; Captain S. Ainslie, Ist Regi-
ment Dragoons ; Captain Howard Vyse, Royal Horse
Guards ; Captain H. Mackay, 79th Infantry ; Lieut
0. De L. Priaulx, 94th Infantry ; Lieutenant D. G.
Brady, Lt battalion Royal Regiment of Infantry ; and
Deputy Judge-Advocate Major Dalgetty.
The prisoner having appeared, the following charges
were read :

Charges against Lieutenant James Edward Perry,
46th Regiment, for scandalous and infamous conduct,
unbecoming an officer and a gentleman, in the following

instances :-

First—For having, in a certain letter, dated Windsor
Barracks, July 24, 1854, and addressed to Colonel the
Hon. Arthur Upton, president of the court-martial the❑
and there assembled for the trial of Lieutenant Greer,
which letter bore the signature of the prisoner, and was
then and there delivered to the said Colonel Upton.
made the following scandalous statement respecting his
commanding officer, Colonel Garrett, viz That after
repeated acts of violence against himself (meaning the
prisoner) by other officers of the 46th, .while the regi-
ment was in Dublin, in my btylroom, I reported the cir-
cumstance to Colonel Garrett, who reproached me, and
called we 'a fool for my pains,'" he, tire said prisoner,
then well knowing that so much of the sail statement
as relates to Colonel Garrett (viz., the words " who re
proached rue, and called me, a fool for my rains") was
false.

Second—For having in the said letter made the fal-
lowing further stateine,it :—" I then patiently submitted
to a series of indignities, when I complained to Major
Maxwell, who represented the facts to Col. Garrett, upon
which he gave the offenders a reprimand. So weak was
the effect of the reprimand or caution given by Colonel
Garrett that, though the acts of aggression were dis-
continued, I was persecuted in other ways until I
threatened to appeal to the general of the district, and
sent a letter to that effect to Colonel Garrett. On its+
being known that I was determined on such a course, I
was earnestly entreated by several of my brother officers
to forbear making any complaint. I did forbear, and
from that time I was relieved from any repetition of the
annoyances and indignities under which I formerly la-
boured." He (the prisoner) then well knowing that so
much of the said statement with reference to Colonel
Garrett as is comprised in the following words :—" Un-
til I threatened to appeal to the general of the district,
and sent a letter to that effect to Colonel Garrett," was
false, and that the prisoner had never made any threat to
Colonel Garrett, either by word of mouth or in writing,
that he would appeal to the general of the district.
Third—For having on the 21st day of July, 1854, at
Windsor, when re-examined as a witness bcfuze the
court martial which was then and there being held for
the trial of Lieutenant Greer, in reply to the following
question :—" %VW you swear positively that Captain
Nicholas did not reprimand officers against whom you
had made a complaint to the commanding officer ?"
made the following answer, "I have taken an oath
already. Captain Nicholas never to my knowledge
censured anybody. He himself (Captain Nicholas) hav-
ing ill-treated others on joining." He (the prisoner) '
then well-knowing that so much of the said answer as
is comprised in the following words, "he himself having
ill-treated others on joining," was false.
Fourth—Fur having on the day and year aforesaid,
and at the place aforesaid, in a certain letter addressed
and delivered by him, the prisoner, to the Deputy Judge
Advocate officiating at the trial of Lieutenant Greer,
made the following statement :—" Major Maxwell has
stated on oath that Captain Nicholas never ill-treated
young officers. I could put questions to prove that he
did, and that he (Captain Nicholas) aids and abets nearly
everything of the kind that takes place." He, the pri-
soner, then welt knowing that so much of the said state-
ment as imputes to Captain Nicholas that he ill-treated
young officers, or aided and abetted others in so doing,
was false.

The Deputy Judge Advocate said—Lieutenant Perry,
it is my duty to say to you that it is the desire of the
court to give you every possible facility on this inquiry,
and if you are not prepared to enter on your defence at
present, and wish to ask for time to plead, the Court will
be ready to give you any reasonable time.
Prisoner—l am prepared to plead now, and my plea
is not guilty.

The Deputy-Judge Advocate—Then you are ready to
enter upon your defence. The Court wished to give 3ou
time to consider your plea. Do you now wish to address
the Court, asking for time to enter upon your defence':
Prisoner—l wish to address the Court, asking for
time.

Colonel Blyth--When was the charge delivered to the
prisoner ? _

Deputy Judge-Advocate—lt was only delivered this
morning. _ _

Several members of the court, in a conversational tone,
intimated their opinion that the notice was unusually
short, and that the prisoner ought to have time allowed
him.

Prisoner—Mr. President and gentlemen, I shall be
prepared to enter on my d-fence as soon as the witnesses,
a list of whom I am about to deliver in, shall be forth-
coming. But I cannot, in justice to myself, proceed
with the defence until the witnesses are ready ; and as
it is probable that much time will be occup;ed in procur-
ing the witnesses, I humbly implore that some direc-
tion may be given for toe to be at largo on my parole of
honour, as I find the confinement to a small hot room, of
only 12 feet to 10 feet, not only injurious to my health,
but most depressing to my spirits. And as I have a
consciousness of being innocent of the charges heaped
upon we, the continued imprisonment (already endured
for thirty-one days) in the event of my being found not
guilty, will, in tact, be a punishment as undeserved as
it is painful.
The President—Can you tell us what time will be
necessary ?
The Prisoner—l cannot state when they will be
ready, as some of them are in Turkey and other parts.
The President—l thought as much. (Laughter.)
The court was then cleared for about half an hour.
On the re-admission of the public,
The President addressed the prisoner as follows :--
Mr. Perry, the opinion of the court is, mostthatit:s
on
i
willing to give you any reasonable time before entering
e
on the prosecution. The only question now remaining
is, what time you require for that purpose. Your
de-
fence will come on iii.due course, and for that defence
every be given you ; but any application
that head facility
heaclmust be considered at the proper time. Your
application as to permission to leave your room is a
question which this court cannot enter into. An arrest
is a mere matter of discipline in the hands of your corn-
mandingiofficer
Colonel Garrett—Might I be allowed to make a state-
eTniti
ewpi trhesriedsepnetel the
ot arrest
the court have made their deci-
sion.

The Prisoner May Ibe allowed to state that Colonel
Garrett has on one or two occasions kindly given me
leave to go out to see Mr. Darvill ; for which I beg to
thank him.

The President—Then that matter is met.
The Deputy-Judge-Advocate—The question now is,
what time will you (the prisoner) require to prepare
your defence. It is a simple question?
Prisoner—May I respectfully ask if I can have the
witnesses ?

The Deputy-Judge-Advocate—At this stage of the
proceedings, all that you are required to do is simply to
answer the question.
Prisoner—Then I should ask the Court to adjourn
until Monday week.
The Deputy-Judge-Advocate said the application was
unreasonable, twenty.four hours being the usual time
for adjournment.
Prisoner—Then I would say Thursday next, for the
charges are so numerous that they require consideration
The Deputy-Judge-Advocate—Mind, you are merely
to listen to what is going on, not to enter on your de-
fence at present.
Prisoner—What time does the Court propose to grant
(me?
The President—Until next Monday.