The Sun.
London, England, 1854-08-16 00:00:00

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SECOND COURT-MARTIAL ON LIEUT,
PERRY, AT WINDSOR.

THIRTEENTH DAY—TUESDAY.
The court re-assembled to-day at eleven o'clock, and the
cross-examination of Captain John H. Chambers, of the
4th West York Militia, was resumed. Major-General
Wetherell was in 'attendance as prosecutor, Colonel Kelly
president, and Major Dalgetty officiated as deputy judge-
advocate. All ,the other members of the court were
present, with the exception of Captain the Earl of Lang.
ford, who was excused on medical certificate. The room
was crowded as usual with military men and civilians,
among whom we noticed Colonel the Hon. Cecil Forester,
M.P., Mr. Hammond, Captain Henry Seymour, Air.
Christopher Tower, Captain Grimes, the Military Knit-414'
-,
and the Mayor of Windsor. 0 .
The prisoner requested the questions and answers nifglit
be again read before the court.
They were so read by the deputy judge-advocate.
The Prisoner (in cross-examination of Capt. Chambers)
—Do you recollect Waldy and Knapp's affairs, and the
attack on their rooms; and, if so, will you state, ,to the
best of your recollection, who was present ?
Witness—l recollect, in the Linen-hall Barred*
Dublin, about eleven o'clock in the morning, to the best
of my recollection ?
President—Answer the question as it was given to you.
Witness—Myself and several other officers of the 46th
went for the purpose of drawing Mr. Knapp and Mr.
Waldy, jun.—l mean the junior Mr. Waldy. W
Mr. Waldy's door open. We immediatelyPullede foundcl
down
his bed and threw the bedding and bed clothes into, the
barrack-square, out of the window. I went down when
the officers were gone, and brought up the bed. clothes. I
was very sorry. Mt. Waldy came in shortly afterwards,
and I assisted him to put his room in order. He said,he
would report to the colonel of the regiment, and I recom-
mended him not to do so but to take things quietly. He
asked me to tell him who the officers were that upset his
room, and I declined doing so. I said, it is quite sufficient
for you that I have brought your bed up. That is, all that
I can recollect.
Prisoner—Who were the officers present?.
Witness—The officers present were myself (to begirt
with), Mr. Greer, Captain Garrett, Mr. Lenard, and there
were some others, but I do not know who they were.
Prisoner- —Can you undertake to say that Captain Nicholas
was not one of them ; and has it not been your impression
that he was one of them?
Witness—l don't recollect Mr. Nicholas beine, there. I
fancied at one time that he was there, but I don't
think he was.
Prisoner—What is the reason for your altering the opi-
nion that you gave me yesterday that Capt. Nicholas was
one of them ?
Witness--I fancied at one time that Captain Nicholas
was concerned, but to the best of my belief he was not.
Prisoner—Have you had any conversation with Captain
Nicholas since the adjournment of the court yesterday ? If
so, will you state what transpired between you ?
Witness —I have had a conversation with Captain
Nicholas since the adjournment of the Court yesterday. I
conversed with Captain Nicholas on the state of my com-
pany when I handed it over to him. I may have said
something else to him ; but I said nothing to him relative
to the present court-martial.
Prisoner—Was any reference made to the present in-
quiry ?
Witness—No, sir ; Captain Nicholas and I had no con-
versation with each other on the subject.
Prisoner—Have you had any conversation since the
adjournment of the Court with any and what officers, and
what was said ?
Witness—l have had conversation with several officers
about the court-martial ; and talking about practical
jokes, I said I think Nicholas was there, but I have no
recollection of his being there. I think the officers I was
speaking with were Major Vesey and Captain Garret. I
am positive that Captain Nicholas was not there. He had
no hand in throwing the bed clothes out of the window.
I am quite positive he was not there.
Prisoner—Am I to presume, then, from what you state,
that you have changed your mind within the last twelve
hours about Captain Nicholas being present, and after
consulting with other officers of the regiment ?
Witness—l never said that Captain Nicholas was pre-
sent. I thought he was present, and still I thought he was
not ' • I always had a doubt about it, and after thinking of
it I do not recollect him doing anything, and I am positive
he was not there. I wish to add further, that Mr. Ford
said he (Ford) was present on that occasion, but I have no
recollection of seeing him there.
Prisoner—Were you present when Major Maxwell
ordered an officer to be brought down from his bed in the
Royal Barracks, Dublin ?
Witness—l never heard of it. I know nothing about it.
Prisoner—Do you recollect Lieutenant Dunscorabe's
case in the Royal Barracks ?
Witness—l know nothing about it.
Prisoner—How was I treated during the time you were
in the regiment ?
Witness—Many of the officers were cool to Mr. Perry.
Prisoner—How, in your opinion, have I conducted my-
self since I have been in the regiment.
Witness—in my opinion Mr. Perry has conducted him-
self very well. To me always like a gentleman.
By the Court—Did you understand that Colonel Garrett
had called Lieutenant Perry personally a fool for his
pains, or that he had said so when speaking of him to
others ?

Witness—l heard that Colonel Garrett had called Mr.
Perry a fool for his pains. I never thought about it. Mr.
Curtis merely said to me, Colonel Garrett had called
Lieutenant Perry a fool for his pains. He did not say
whether he did so personally or not.
By the Court—On what occasion was it said that Col.
Garrett had so called Lieut. Perry ?
Witness--On some occasion when Mr. Perry either re-
ported to the general of the district, or threatened to do
so. Ido not know which it was.
By the Court—Do you remember Colonel Garrett repri-
manding an officer for annoying Lieutenant Perry • and if
so, was it on that occasion Colonel Garrett is said 'to have
called Lieutenant Perry a fool for his pains ?
Witness—ln the Linen-hall Barracks, Dublin, I be-
lieve Colonel Garrett reprimanded some officer, but Ido
not know who that officer was. In continuation witness
said : I never was present at any reprimand, but I believe
Colonel Garret reprimanded an officer in the Linen-hall
Barracks, Dublin, about the month of May, 1853. I (10
not know who that officer was. It was not at that time

that Lieutenant Curtis told me that Colonel- Garrett
made use of that expression. It was about a year ago.
By the Court—Do you know anything of Lieutenant
Perry reporting to the general of the district, or threaten-
ing to do so ?
Witness—l do not from my own knowledge know it.
Prisoner (in re-examination)—Were we not in the Royal
Barracks this time last year?
Wit ess —No, sir ; I don't think that we were in the
Royal Barracks this time last year.
Prisoner—After that answer I have no further questions
to ask this witness.
By the Court—Was any person present when Lieut.
Curtis told you that Colonel Garrett called Lieut. Perry a
fool for his pains ?
Witness—No person was present.
Major Pack was then called.
Prisoner—Did you not act as deputy judge-advocate on
my first trial; and did you not call upon me in my room,
and say that I might ask any question of you that I pleased,
for as much that you was as much my adviser as you were
the adviser of the Court ?
Witness —On the 12th July in your room, and also in
open court on the 14th July, I stated as much.
Prisoner—lf you had received a letter from me, a
similar letter to the one I sent to Colonel Pipon, would
you not have considered it a privileged communication ?
Deputy Judge-Advocate—That is the letter.
Prisoner—May I request that an army list be produced?
Deputy Judge-Advocate—Decidedly, yes.
Prisoner—Would you have returned it to me if you had
not ordered it to bo read before the Court?
Witness—l should have returned it to you. I should
have sent it to the president, and requested him to call
Captain Nicholas.
By the Court—When Liout. Perry addressed a letter to
Col. Pipon, was he not a prisoner, and Col. Pipon could
not therefore be his adviser?
Witness—l know nothing but what I have read in the
papers. It was not on the trial that I officiated as deputy
j udge-advocate.
Prisoner—May I request that the letter be read again ?
The letter was then read.
Prisoner—What was the state of the different companies
of the regiment the day before the two companies marched
for embarkation to Portsmouth?

The Deputy Judge-Advocate—You can call Col. Garrett
and ask him.
Prisoner—The adjutant will be quite as well for the
date.
Lieutenant and Adjutant Charles Somerville M'Alester
examined on his former oath.
Prisoner- -What day did the order come down for two
e ?
ccaonmpyaonuietselol frOe the
ehe regiment
f tthoe embark
regimentforthat t T
uar
k
t e
ty
im? And
Witness—Will yeonutsllow me to go to the orderly room
to fetch
objection to your doing
so canTinheorPfeerBit(logrilerresThhryeroeur memory.be no
After a Pau. Pause the' witness said the orderuards arrivedulyl3o,n, the
14th of July, it was dated " Horse G ,
The President—That is no answer to the question ; the
prisoner' wants to know the state of the regiment on the
13th or 14th of July.
Prisener—l mean on the 13th.
Colonel 13IY
th intimated that it was a very proper ques-
tio'n to be put, and ought to receive a direct answer.
The Prosident—You request to know the state of
the
whole regiment on the 13th of July, and the state of
two companies on the day of embarkation.
The adjutant retired, and the documents, we understand
will be forthcoming to-morrow.
Prisoner—May 1 request that Lieut. Waldy's letter may
be pi
he
iityallidoodpgeen.Aeddvad oonatree_adit.iienfoLreietohte.
Woo u. rTt.?
T waid y
yoTuhmeeJaund?ge-idvocate then read the proceedings of the
ninth day of the sitting of the court, 'and read the following
letter :

"Windsor, June 12.
" Siy dear Perry,—lf you are really going to exchange, I
wish you would mention to your servant, Lawler, that I
should wish to take him after you leave. These are very jolly
quarters—lots of women—and we have a drag for Ascot, and
are going in grand style. • You owe me three pounds—that
is, I owe it to you. I hope you may live till you get it. I
have a good mind to exchange myself, being pretty well tired
of the South Devon.' Ile drill is worse than ever, begin-
ning at 7 a.m., and very often till (3 p.m. We are obliged to
ask leave to go to London; although there may he no parade
on that day it is all the same. How does Knapp bear his lieu-
tenancy? I think he will be taken clown a peg or two, but
you need not tell him so, popular feeling being very much
against him here. Coate has had several takings down already
—the other day Nicholas told him he was a damned son of a
bitch of an ensign.' This was at moss, he having given Nicho-
las tin.; lie direct.—Believe me, yours truly, "
" W. T. WAt.ni.
Lieutenant Waldy was then called and examined upon
his former oath.
Prisoner—Will yodlook at the letter now Pmdudn'a?nd
read the same. Is it, or is it not, in your handwriGetig
stated
Witness—Yes, air, it is ruy handwriting.
mach before.. ;Oft cu7kiiol9l.li •

Prisoner—Hoiilon* bine you known in*, a$ how Lars
I conducted myself since I have been in the regiment ?
the regiment, and --[here the remainder of the evidence
was not allowed to be given, and the court was cleared]
On the re-admission of the public, three-quarters of an
hour afterwards,
Witness—l have never had any reason to keep aloof
from him, and I have never known his to conduct hiu27,
self otherwise than an officer and a gentleman.
By the prosecutor—How did you know that Captain
Nicholas had used the opprobrious terms to %sign Coot.
and which you have mentioned in your note to .LieutensaV
Perry ?
Witness—l cannot be certain about that, but to the -
best of my recollection lIPW I have not the slightest ides
of ever having written to Lieut. Perry on the subject.
Prosecutor—Were you present when Lieut. Nicholas
used the opprobrious words imputed to him, and did you
hear them ? •
Witness—l should say that I was net present,-and I
stated in my formerevidence that Captain Nicholas was
not present.
Prosecutor—Give the name of the officer that had made
9
use of the term to Ensign Coote
Witness—l cannot tell the name of the officer. Ido
not know which of them it was.
By the Court—Can you explain the apparent discrepancy
between the evidence given by you on a former occasion
and the evidence you have given now, more particularly
after having read the letter written by you to Lieutenant
Perry ?
Witness—l don't see the discrepancy in it. I should
like to explain it.
The prisoner requested that the former evidence of the
witness be read over.
The evidence was read over by the Judge-Advocate.
Witness—I don't see the discrepancy now.
The President—There is the discrepancy. It is in your
own letter.
but Ii
tness—There is a discrepancy now that I see it;
don't knowhat to add to it.
Colonel Blyth—wDoes that remark apply to the whole of
your evidence ?

Wituess—The long and short of the matter is, Shalt
was done without any forethought.
Captain Sandwith was then called, and a 'letter was
read, signed "Charles R. Macgreger," which will be given
at length in to-morrow's impression. It being now four
o'clock the court
eleven o'clock. adjourned until toemorrow (this day) at

TO THE EDlTORaricles Owl?hittvoumbxiestogiriearon,. ,
courts martial in the 46th Regiment gavegreat satisfaction
the
to all who have the well-being of the army at heart. You
are perfectly right in asserting that at the root of the evil
lies, first, the culpable nef;ligenoe of commanding officers
in regard to the general habits of yoiing officers ; and,
next, the deplorable system of idleness which is dominant
in our service. The former of these defects must find its
remedy in the pressure of public opinion. For the latter
Mr. Sidney Herbert, so long ago as February last, held out
some hope that a cure would be found. What has occurred
to prevent the application to its proper purposes of the
money voted by Parliament for the establishment of dis-
trict military schools ?
One point, however, even you have failed to notice. I
believe that gambling is forbidden in the army by the
articles of War ; I know that at every barrack-gate a
military police is stationed to prevent the entrance into
barracks of persons of bad character, and ,particularly of
strumpets. Whence does it happen that amongst the
charges brought against Lieutenant Greer there is none
which puts -him on his trial for gambling and fOiThiinging
a strumpet into his room; and why were not Captain
O'Toole and Mr. Perry tried for conduct unbecoming gen-
tlemen, if not officers, in accepting Mr. Greer's invitation
to go to his room and drink wine there with his woman?
An officer's room ought to 'be kept as pure as his chamber
in his father's house, if he is expected to exercise any
moral control over his men. At all events, if officers be
allowed to convert their portion of the barrack into houses
of ill-fame, it is positive injustice to punish the privates for
seeking to do the same, with theirs.—Your obedient
servant, ONE WHO HAS SERVED.

STATE OF TRADE.

MANCHESTER, August 15.—Several causes have com-
bined to depress the market for cloths to-day, one of
which is a slight decline in the price of cotton at Liver-
pool, a change which always tends to stay operations here
more less, while further unfavourable advices from Cal-
cutta by yesterday's post, which state that both calicoes
and jaconets had further declined in value, had the
effect of putting a large number of buyers upon a very
restricted system of operating. Since the Bank of Eng-
land has lowered its discounts, depositors in the local
banks are said to have been recalling their money, and
this and other causes have somewhat lessened the means
of accommodation to customers,_vkho findLmoney rather
tighter when they expected it to be growing easier, and
this again has its effect in restricting business. Some
' of the makers of domestics and shirting's have been
putting their looms upon T-cloths, which are in better
demand from the Greeks ; but sellers of most kinds of
cloths report a dull and heavy market, and qualities
suited to India are much neglected and almost nominal
in price. The yarn-market still maintains a better posi-
tion than that for cloth, and pincops and warps are in
fair demand, some of the spisners coming from under
engagements being enabled to renew them 'offlbetter
terms. On the whole, there was rather less buoyancy
in yarns, however, than last week, and some of the
buyers report a small concession in Indian qualities.
The report of the market given by a mercantile firm in
the town this evening says From Tuesday last to
the close of the week we continued to have a fair de-
mand from the homehouses and printers, and prices
were well sustained. Yesterday and to-day, however,
owing to the slight decline in the Liverpool market,
there is less disposition to act, but there is no giving
way in prices. For 40-inch shirtings, jaconets, and
maddapolams, suited to the India markets, the demand
has been on the most trifling scale, and the advices re-
ceived yesterday from Calcutta have had the effect of
further discouraging buyers, and prices of these goods
are very irregular."
LEEDS, August 15.—There has been a rather limited
amount of business done in the cloth halls this morning,
a slight lull having taken place in the demand by the
merchants for woollen cloths. The trade upon the
whole, however, is steady, and bids fair to remain so for
some time to come. The weekly corn-market here to-
day has been flat ; little business has been done, and
wheat has declined from 2s. to 3s. per quarter as com-
pared with this day se'nnight. The weather is rather
unsettled, but from all parts of Yorkshire the harvest
reports are of a favourable character. Some crops of
wheat in the neighbourhood of Ripon have been cut,
and, if all happens well, reaping will be genem next
week.

THE OPENING OF RELATIONS WITH JAPAN.--The
honour of having broken through the wall of partition
which has hitherto for so many centuries excluded all the
world from intercourse with Japan, belongs to this coitus
try, and we may well be proud of it. But other coml•
tries will undoubtedly seek to share with us in its benefits,
whatever they may be ; and already instructions have
' been sent out to Sir John Bowring, the British Envoy in
China, by her Britannic Majesty's Government, to ask
from the Emperor of Japan a similar privilege to that
which has been so honourably secured by the United
States, and Sir John is to proceed at once to Japan to
make the demand. The treaty which Commodore Perry
, has succeeded in concluding is not, let it be observed, a
treaty of commerce, but a treaty of amity and friend-
' ship, though it opens to American citizens and the Ame-
rican trade two of the principal ports of the empire—
' that of Samodi in the island of Niphon, and that of
' Chickadada in the island of Vesso. These two ports will
answer every present purpose for our commercial inter-
course with that- country. They are conveniently situ-
ated, and one of them, Samodi, is so commodious for
c andoal,tliat
arrangementsa depot iasrefotorthhewiimthmteodiabteelyesmtae,hdlreshfoerd
at_hre,
con-
stant supply—a most important point gained for
.eunabl
i c
tsofthe
ing
us successfully to prosecute steam navigation
t desirableithose
gadrsotrs
position.
seas... The port
ad adjoins
It a good harbour; the neighbouring population
sere.
country, which are not otherwise, it seems, accessible by
is extensive, aud, altogether, it would appear to be an
eligible situation for- foreign trade. The other port has
also its advantages ; at both there is to be permitted all
requisite intercourse for the purposes of commerce- for
Arnerican citizens may reside within their walls, and
ntgy— oa
og.
for atamity
it
thayen
wy reigna sa tg
re 0
granted
it n
James
mda
epbstyltt.ohoebf GEEfilottr
--.
American consuls are to be stationed there. It may not
foEpg‘lb:au,
eoerirurrtti generally
eatereoniianngunolaptfsrviiitanrj,ehlnelflaiafyyolroptarefkharseeno
Japan,
treaty
licence
edcoewporeran-
annasnl
hindrance
eelwtleoytis
tosththotrethechsesoeuit
come
restrictive j
ecoet
shipsie nvt tste.ohoi
eaafninntr ihydt
the king
aokf
goods stipulations
odnruogshr;ofapanoGnd ports
steao:
jot;
abide, buy, sell, and barter, according to their own man-
e nor with all nations; to tarry here as long as they think
good, and to depart at their pleasures." It granted them
also " freedom of custom for all such merchandises as
either now they have brought, or hereafter shall bring,
into our kingdom, or shall from hence transport to any
foreign port,"—together with all due protection alike of
property and person. But this did not last long. Th•
conduct of the Portuguese Jesuits produced the expulsion
of all foreigners except the Dutch from the empire, and
has occasioned their exclusion. The Russians have
made many attempts to open up commercial relations
with Japan ; but in vain, the positive laws of the qnn:
try, and their own want of tact, defeating every efferb
—From the New York Jounial of Col-waive..
to the commission of the peace for Middlesex and.W.,:-.
NEW MAGLSTEA.TES.—The following have been ......adeds".
trinster :—Mr. Bayley Abel, Turnharn.-g_7,
Samueli
William Bird, Bute House, Hammersmith. ~431 r..
William
Richard Block, Greenhill-grove, Barnet,
Hon. deorge
Peter Bodkin, Belle•vue,__Highgate ; the.
k Mr. Alderman
Mr. Alexander Angus
Challis M.P., Finsbury-square;ceries .
Tames Dimsdale,
Croll, 'Finsbury-circus ; Mr. h
Henry Charles Byng, Wrotham-Par- r
Limehouse ; Mr. Thomas
square - Mr. Duncan D. e!
Lieutenant-Colonel John Glos-
sop, Limehouse ,
1 Edward Auchinuty Glover, Staf-
Essenden, Herts ; Mr. Rhoebrert Dimsdale, Connaught-
William Richard Westgarth
sop, Isleworth ; -
Henryolonel William Lewis Grant,
Captain Jacob
W stbourne-terrace , William
Hulsey, c
Wareham • Sir George Edmond Hodgkinson,
Ilinde,
' Mr. Alderman Wimpole-street ;_ r. Hunter, West-
Upper
Staf-
ford
d Albany-house,
1‘;
I.llaii dr
.'' - - -.
ourne-terrace ; Mr. William Anthony Mitchison, Sun-
bury ; Mr. Samuel Morley, Hackney - Sir John Henry
reily, Bart., Oak-hill, East Barnet ; Mr. David Powell,
Hampstead ; Viscount Ranelagh, Fulham • Baron
,
Lionel de Rothschild, M.P., Gunnersbury ; Mr. Joseph
Some', Blackwall ; Mr. Hugh Taylor,
Finchley Sir
William house, Holloway ; Mr. Joseph
TTyhlreur,p p
,P iun cp-
per Brook-street ; ,Liautcleolonel
the Hon. Frederick Villiers ; Captain FrOeriok Angus.
fns Wetherall, Castle-hill-lodge Ealing /Mr. Ithbeil
lams
Wynne Williams, Bedford-1444 ;._ arainilgrAllkward
Wyndham, Blandford-square
• ' ..:31; xcu. affodJir