The Sun.
London, England, 1854-08-19 00:00:00

LON a )N, SATURDAY _EVENING, AUGUST 19, 1854.

THE WAR.

NAVAL AND MILITARY INTELLIGENCE.

The Pylades, 20, screw steam corvette, now building at
Sheerness, is ordered to be launched on the 23d of No-
vember next.
.._.

The Malacca, 17, steam-sloop, Capt. Arthur Farquhar,
left Chatham on the 17th inst. for trial, accompanied by
the steam-vessel Adder, G. Muncham, Second master, in
command. The Malacca was at a very light draught of
water, without armament or stores on board. The conse-
quence was, her screw propeller was not sufficiently im-
mersed, and the boilers were only work 'd up to a pressure
of 601 b. on the square inch. Owing to her light draught
of water she was quickly acted upon, and took a heavy
careen to an angle of 10 degrees, which could not be re-
covered, and she proceeded down Swin within about 3 miles
of the Mouse light vessel. On her rounding to return, she
took a careen at the same angle on the starboard list, and
kept the same on her return into harbour. Arrangement.
are being made for her being brought down by extra
ballast to her average draught of water, when she will
proceed out on another trial. Her maximum speed, under
all disadvantages, was over nine knots, minimum five
knots. Her machinery worked in every respect satis-
factorily.
Mr. Brown, the Assistant-Master-Attendant of Devon-
port Dockyard, is at Pembroke with a party of seamen
riggers, engaged in jury-rigging the Falcon, 16-gu❑ steam-
corvette, prior to her being navigated rc.und to Portsmouth
fer fitting and immediate commissioning. The Falcon is a
perfect model of strength and beauty, and promises to be a
thorough clipper. She is a sister ship of the Harrier, and
it is thought that few .vessels will be able to overhaul
these new 16-gun corvettes.
One corporal and two gunners of the artillery companies
of the Royal Marine Artillery at Portsmouth, and seven
privates of the Woolwich division of Royal Marines, have
been placed under orders to hold themselves in readiness
for service in the-Curlew, 8, screw steam-sloop, commis-
sioned at Woolwich.
The African steam-tug-vessel took the steam-vessel
Myrtle in tow yesterday to Woolwich for repairs to her
boilers and machinery. These will occupy about three
weeks.
The Supply screw steam-storeship, -Master-Commander
John Penn, went down the river on trial yesterday.
The court-martial on the carpenter of the-Salamander,
held on board the Victory, ended in the acquittal, not dis-
missal, as erroneously reported yesterday.

APPOINTMENTS.
Lieutenants—John W. Webb (1849), from the Victory,
flag-ship at Portsmouth, to the (Juracoa, 30, screw steam
frigate, at Portsmouth; William Lombard (1818), from
the Neptune, 120, flag-ship of Rear-Admiral Corry in the
Baltic, to the Victory, vice Webb; William Henry Liddell
(1854), recently promoted from mate of the Excellent, to
the Curacoa ; Louis Geneste (1851), recently promoted
from mate of the Excellent, to the Cos.ack, 20, screw steam
corvette, at Chatham.
Master Thomas Hart (1845), to the Citraeoa,, 30, screw
steam frigate.

Mate NV. F. Lee (1852), to the Harrier, 16, screw steam.
ship, at Portsmouth.

THE GUY-BOATS. '
The Arrow, G, steam despatch-gunboat, Lieutenant
Commander Jolliffe, was ordered to have her steam up on
Thursday afternoon, and left Woolwich at a quarter past
2 o'clock, for Greeuhithe, to have compasses adjusted with
the least possible delay, and then proceed direct to Ports-
mouth, for experimental practice with her large Lances-
terian oval guns, at long ranges, in the presence of the
Lords of the Admiralty, Captain Sir Baldwin Walker,
Surveyor of the Navy, Captoin Sir Thomas Maitland, and
the officers of the Excellent gunnery ship.

SALE OF RUSSIAN PRIZES.
Yesterjay another sale of Russian vessels captured by
her Majesty's cruisers since the commencement of hostili-
ties took place in the Captains'-room at Lloyd's. The ves-
sels, four in number, were put up by Mr. Lachlans, the Ad-
miralty broker. The first submitted to public competition
was the Aina, of Christianstadt, a vessel of about 404 tons'
burden, built in 1851, of which Adolph Theodor Nystrom
was late the master, taken a prize by her Majesty's ship
Alban. She was pot up at 1,0001. and knocked down at
2.450/ , making, with the amount realised 9y the sale of
her cargo, 2,8021. to be divided among the officers and
crew of the Alban. The Kainschatka, 400 tons burden,
of which W. Etigbloin was late the master, taken a prize
by her Majesty's Coastguard boat from the Folkestone sta-
tion, sold fur 1,8001., making, with the produce of her
cargo (salt), a total of 2,2341. to be divided among the
captors. The Victor, a schooner, of 9.; tons, of which A.
T. Borghstorui was the late master, prize to her Majesty's
steamer Euryalus, sold for :001. ; and the Aegir, also taken
by her Majesty's cruisers, for 1,0501 The next prizes that
will be sold are—the Primus of Uleaborg, the Teleus of
Christianstadt, and the Johannes of Helsingfors. The
Court of Admiralty have ordered the cargoes of the Rus-
sian prizes Fidentia, Dido, Etnilie, Mentor, Augusta, Fa-
ma, and Froga, comprising 2,350 tons of salt, and a mis-
cellaneous cargo of Portuguese and Spanish produce, to be
sold forthwith for the benefit of the captors.
The Russian brig Charles, Captain Payel, has been taken
into the discharging basin again.

THE RUSSIAN STEAM ENGINES.
Government are about sending a ship of war to Clyde for
the purpose of removing the two pair of engines constructed
for the Russian Government by Mr. Napier before the pre-
sent hostilities commenced. The engines are not quite
finished, but we presume they are intended to be com-
pleted at one of the national dockyards, and fixed on
board two of our men-of-war.

DEATH OF COLONEL MATTLE.
The death of Colonel the Hon. L. Mania, an assistant
adjutant-.-beneral, in Turkey, has deprived the British army
of one of its best soldiers. Besides !mint on the staff in
Turkey, he held the appointment of Surveyor-General of
the Army, am 3 sat in Parliament for Forfarshire. Colonel
Maule formerly commanded the 79th Highlanders. By
demise the seat for Forfarshire, the Surveyor-Generalship
of the Ordnance, and an appointment on the Adjutant-
General's staff are rendered vacant. Colonel Maule was
next brother to Lord Panmure, and heir presumptive to
that nobleman.

DEATH OF LIEUT.-COLONEL FERGUSON.
A passenger on board the French steamer Caire, writing
from Syra, says :—" We lost Lieutenant-Colonel Ferguson,
major of 79th Highlanders, the second day after we got on
board. He dined with us the evening before, and next
morning rushed on deck unclothed. He was considered to
be recovering from an attack of fever. The surgeon of the
ship, with the aid of Dr. Young, 28th Regiment, himself
in very bad health, got him back to his bed, and in about
ten minutes the poor colonel was a corpse."

DEATH OF CAPTAIN ROWLEY.
We regret to announce the death of C iptain Richard
Freeman Rowley (183)), at Blackheath, yesterday, under
the most melancholy circumstances, Captain Rowley was
the fourth son of the la:o Admiral Sir Charles Rowley,
Bart., G.U.8., and since quitting the command of the flag-
ship (the St. Vincent) of his father, to whom ho was flag
captain, he has devoted his life to acts of piety and practical
benevolence. He was frequently to be found in the chair
at the Bible Society meetings, and was accustomed to visit
the poor in his district, and to read and teach the
Bible to them. It appears that whilet in the discharge of
these self-imposed duties he was attacked with cholera,
but recovered ; he suffered, however, a relapse, which has
proved fatal to him. His loss will be deeply and widely
deplored. In his profession he was a popular officer; in
his civil and social relations he was beloved as a
sincere friend, and an unaffected Christian. The
following is au epitome of his career in the navy:—
He entered the navy Feb. 4, 1819 ; passed his time as mid-
shipman on board the Medina, 20, and Euryalus, 42 ; ob-
tained his first commission May 17, 1825 ; served from the
21st of that month until promoted to the rank of com-
mander, May 8, 1827, in the Victory, 104, as flag lieute-
nant at Portsmouth to Sir George Martin ; and from
,Tau. 14, 1829, until advanced to his present rank, Feb.
26, 1830, was employed in the capacity last mentioned on
board the Badger, 10, at Plymouth, in the North Sea,
and the Cape of Good Hope. On leaving that vessel the
f
ing
pmppo
nis,rosewnla,
denoariuel
tancAhdrl
eezpecsrrrti
his csttlioeeBtnsmu3tt,simel
:cnla,tfinl withho
en al oefsH hai
theirpas pa
hpshuii
enrbtseetst:seet
31
subsequent
teh:
ealiety.
and
appoint-
ments
naeap,genioeioefnooxxt
l 4,
r
Mediterranean, whence he returned) in the '2B, fitting
of
1833; and Dec. 31, 1842, to the St. Vincent, 120, as flag
captain to his father at Portsmouth. He has been on half-
pay since :•••eptember, 1845. Captain Rowley married,
July 12, 1838, Elizabeth Julia, daughter of John Anger-
stein, Esq., by whom he has issue seven children.

---
DEPARTURE OF THE GOLDEN FLEECE.
The magnificent screw-steamer the Golden Fleece, 2,500
tons, Captain Scales, with the service companies of the
21st Royal Fusiliers, under the command of Lieutenant-
Colonel Ainslie, steamed out of Queenstown on Tuesday
evening, at seven o'clock, direct for Turkey. After the
21st had been put on board she moved for her moorings,
anchored abreast of the Messrs. Scott's quay, where a long
platform had been erected from the quay to a hulk outside,
and from the hulk to the transport, for the purpose of ship-
ping 16 horses. These were put on board safely, in pre-
sence of several hundred spectators, and she then steamed
out of harbour amidst deafening cheers from the inhabitants
of Queenstown, warmly acknowledged by those on tward.
While lying in harbour she took in a large quantity of
ammunition and other warlike stores. She had been pre-
viously freighted with artillery stores for the use of the
Circassians, and she had in addition a considerable quan-
tity of provisions for the British fleet. There were also 30
of the English and Irish constabulary, with five or six offi-
cers, go
se at ing ou
out
in her to join the commissariat department
ate war. These o cials have been furnished
with instructions to study for that service, and each is
provided with three different books, to enable him to attain
in a short time a sufficient knowledge of the Turkish
language to communicate with Turks on all matters re-
lating to the provisioning and supplying the British army with rations, &c. The depot of the 21st Fusiliers has ar-
rived at Buttevant from Dublin.

HER. MAJESTY'S NEW STEAM-YACEET.
The first launch next sear will be that of her Majesty's
new steam-yacht, the Windsor Castle. She is progressing
very rapidly, a great portion of the dockyard force being
actively engaged upon her.

the Royal Marine Artillery corps, which was assembled
in review order, under the command of Lieutenant-Colonel
Dwyer, the staff of the division also being present. Their
lordships, on landing, minutely inspected the men in line,
during which the band played "Rule Britannia." The
ranks were then closed, and the men fell into drill squad%
while their lordships inspected the officers' and men's bar-
racks, all of which wore.found in a highly satisfactory state.
This occupied until between 5 and 6 o'clock, and terminated
the day's proceedings. In the evening their lordships
dined with Rear-Admiral Superintendent Martin in the
dockyard. This day their lordships will muster the ordi-
nary and the dockyard artificers. The First Lord will hold
his levee to day, also at the Royal Naval College. Upwards
of 50 officers hWe entered their names for interviews. To-
morrow, we believe, their lordships will embark for Alder-
ney, and thence proceed to make their inspection of the
port of Plymouth.

ROYAL MARINES.
The following order was read at head quarters at Ports•
mouth yesterday morning to the men assembled on parade :
"My lords having
"Admiralty, Aug. 14, 1854.
ad under consideration the differ-
ence existity, between h
tto he shore and sea pay allowed
non
commissioned officers and privates of the Royal Marines,
and considering that the shore pay of the Marines, which
is necessarily regulated by comparison with the pay of the
army, will be, when subjected to no deductions, more nearly
equal to' the pay of seamen of the fleet, and more advanta-
geous than the rates.of sea pay heretofore established, and
being sensible of the valuable services and the gallant con-
duct by whichthe Marine corps has been invariably distin-
guished :
•
" They have deemed it proper to submit to her Majesty
in council the justice and expediency of removing entirely
the differences existing between the shore and sea pay of
the non-commissioned officers and privates of the Royal
Marines ; and her Majesty has been graciously pleased, by
her order in council of the 11th 'hist•• to direct that these
differences shall be discontinued from the Ist Oct., 1854.
"My lords have, therefore, to-direct that it may be
clearly explained to the officers, ion-commissioned officers,
and privates, that while the pay of the Royal Marines when
on shore will continue to be regulated by comparison with
the pay of the army, and the deductions for rations when
on shore will be similar to those in the army, there will in
future be no deductions from the amount of share pay as
now established for the Royal Marines, whenever they may
be actually embarked and borne on the books of any of her
Majesty's ships.
" My lords trust the boon which her Majesty has been
thus pleased to confer will be an alliqoaal inducement to a
continuance of that loyalty and devotion to the service of
the country by which the Royal Marine corps has been so
long distinguished.
" Admiraßy command of the Lords Commissioners of the
ly.

(Signed)

" RALPH OSADRNE."

,ofcßoopaymalanAdritni
commanding
letrhye,
ILITARY.
The sth company oft the al battalion
stationed at Ballincollig, has proceeded to Bristol, via the
Juverna steamer, to join head quarters at Woolwich. Brevet Lieutenant-Colonel Thorold
depot of the 92d Highlanders, has been ordered to rejoin
the service companies at Gibraltar. He will be replaced
by Brevet Lieutenant-Colonel Archibald Inglis Lockhart.
A party of the 18th (Royal Irish) Regiment of Foot has
arrived in Belfast from Canterbury on recruiting duty.
There are now no fewer than 13 parties from different
corps in that town—namely, the 4th, 13th, 18th, 26th,
30th, 45th, 51st, and 67th Infantry Regiments of the
Line; the sth Dragoon Guards, the Royal Artillery,
Roya Marines, Fusiiier Guards, and the East India Com-
pany.
Lieutenant Henry Colton Mudge, one sergeant, one
drummer, and 18 privates of the Woolwich division of
Royal Marines, and one bombardier and seven gunners of
the Artillery companies, have been placed under orders to
hold themselves iu readiness to join for service in the
Curacoa, 30, screw steam-frigate, commissioned at Ports-
mouth.

MAILS FOR TURKEY.
The relatives of officers in the army should be aware
that mails for the army iu Turkey are made up in London
on the evenings of the 3d, Bth, 18th, 23d, and 23th days of
each month. Letters should be addressed "per French
packet," and the postage of 3d. the quarter ounce must be
paid in advance.

ARRIVALS, &c., AT MALTA.
Our correspondence from Malta, dated the .12th of
August, states :
" The operatives in our dockyard are busily
.employed,
working very late hours, nor are Sundays days of rest, in
preparing for*tho great event f the clay, the attack on
Sebastopol, by contributing their share of scaling ladders
and other things necessary for that service.
"The pest week has brought draughts of Horse Artillery
and of Sappers; of the former the beautiful screw steam-
ship Jason has brought 286 rank and Me, 230 horses, and
the following offieers —Major Townsend, Captains Franklin,
the Hon. D. Fraser, and Hosts ; Lieutenants Lukin, Mil-
lar, and Aldemon ; Assistant-Surgeon Wright and Vete-
rinary Surgeon Cotherell. Of the latter, the Austrian
a
steamship Malta has brought from Corfu detachment of
32 rank and file of the Royal and Miner corps, under Lieut.
Teesdale, and three sergeants, with eight privates of other
regiments. These were to have been put on board the
Jason, which steamed this morning early en route to Con-
stantinople, but there was not room for them. _ •
"On the 10th the .Colgrain dansport, No. 12, left port
on her passage to England, and last night the Conrad trans-
port, No. 101, came in. She had on board 24 men of the
6'ith Regiment, who lately left Malta in charge of mules.
They were very much astonished at finding the regiment
had left Malta.

"The Emperor steamer left Malta for Constantinople on
the Bth, having in tow no less than 25 boats. a large quan-
tity having been bought by the Government for the Eastern
requirements.

'-' Three French steam frigates have arrived here from
Toulon, having on board a total of BSI sailors forthe French
fleet, with a view of supplying any casualties that may
take place during the coining events.
" The mail samer Caine has brought intelligence of
the
inst. most exciting nature from Constantinople up to the
sth
" ` Everything here,' says a private letter, `is stir and
bustle. We muster eight or nine steamers at present in
these waters, English and French, all busily occupied in
getting pontoons made, and stowing as many boats as we
possibly can on board—in a word, getting everything ready
for landing a large force.
Many pontoons have already been sent to Varna in tow
of our steamers; these pontoons are made of a number of
boats, some five or six abreast, and planked over, so as to be
capable of accommodating from 200 to 300 men or a number
of horses. Those planks are joined together by toggles, so
that the whole is portable, and can be taken to pieces in a
short time.'
" A writer, describing the recent storming of the Salina,
says : We were surprised to find that the defenders of
the stockade were nearly all Greeks; and so of the town.
The Greeks had assembled in considerable numbers, deter-
mined on defending the town, and thinking that nothing
but boats could get Over the bar (11 feet water only) ; but
the Spitfire lightened herself by getting out all her coals
into two paddle-box boats, and steamed the bar, tow-
ing four gunboats, two rocket boats, and all the seamen and
marines of the vessels. When the defenders of the place
saw this they retreated. The Spitfire commenced shelling
without loss of time, and in less than an hour the whole
place was in flames ; and a grand sight was presented—
awfully so, indeed—du/jug the night.
" `Eight days after, the town was still burning.
" ` This occurrence took place on the 17th, the boats of
the Vesuvius and Inflexible being
Spit-
fire up the river. All the forts were destroyed, and the
Greek church and lighthouse the only parts of the town we
spared.'
ite taken
ravages. in tow o f
The
e Rife" eland w
still effecting
Brigade and 20th Regiment were detained at Constanti-
nople."
Fleet, dated from Baltschik, Au-
gust 2 :
The following are the latest
" The fleet arrived here on the 30th lilt , from off Sebes-
movements in the Black Sea
topol. The Agamemnon left for Constantinople yesterday.
General Sir George Brown went in her. Dr. Elliott, sur-
geon of the Agamemnon, has been Invalided. Dr. Dees,
him accommodation by
Deputy Melieal Inspector, will reside on board the Queen,
oft _ tit •rs of the ship of their cabins. Mr. flug;ins,
. • invalidated from the Albion takes passage
nas far as Consta • ' a •
in the Agamemno . ntinople. The Niger,
. ip Apollo in tow, sailed on the 2d from
dasistpleiessßesislitnagnns?iaine couldonly aefford
with the stort..sh
Constantinople for the fleet. The Vulcan, Cyclops, and
Harpy are lying
ofd the Sultan's y Th M d
e egeera an
A a"e3r, and the Aga-
ff Bujukdere. Rear- diniral Boxer has taken
memnon off Bujukdere.
No. 24 traport •
, as his flagship.
up his quarters on
l I
~, who be ongei. to the wrecked Tiger,
The officers and mee
lyieg-eat Constantinople.
~
the h•
and who were d sibs of the fleet by
ordered t
Caradoc are.
.
-Chief, are o be sent to Eng-
the Commander-in
nity. Nearly all the
land by the first opportu
small steam-
been purchased
ers in the Bosphorus have _ .
o.by either the
Everythine, argues the immediate
French or ourselves.
armies, but whithe •
movement of the allied .
being r is, of course,
a
Not a little money is
distributed among
speculated with
conjectural.
en that we
f stivities in Sebastopol.,,
shall hold our Christmas e _
.........._...
bp sporting characters, and long odds are given

THE ARMY IN THE EAST.-MILITARY
COSTUME.

The following paragraphs, forming a portion of a letter
from a non-commissioned officer in an infantry regiment
many alterations
now serving in Turkey, will be read with interest as il-
nogflainndf infantry,
.One
great evil
il-
lustrative of the feelings of the men in reference to mat-
ters of costume and equipment, The letter is of the date
of July 23 :
are"plrsipeeosebiyl ipnaptheresclhn
from
miEg
is abolished—namely, the clothing colonels. The army
will now get their clothing at the cost price to the public,
and of sufficient quality for the money supplied by the ,
public, without auy deductions. I think that this campaign
(if so it may be called) has even already done more than
all the experimental camps that could have been formed for
years to come. It has taught one lesson—that the cloth-
ing of the infantry is not of that description which it
ought to be.
" I will commence with our coatees. According to the
present system, they are made to button up to the chin so
tight as almost to suffocate a man in a hot- country like
this. If one wrinkle is seen, they are considered .not to
fit, and aro ordered immediately to be altered. The oollars
are almost as stiff as the stook, more especially the Prus-
sian collar, which is worn by many regiments.
" Those regiments which still retain the crossbelts can
confirm my words, that it is an impossibility for a man to
get a free breath of air with them on him. He may unbut
ton the top buttons of his coat, be may unhook his coat col--
lar, but scarcely is he one whit the better for it ; the belts.
dragging tight across the chest with the weight ofthe pouch,
of 50 rounds of cartridge, and of the knapsacks, will
pre-
vent Wm from receivingrelief. The further ho marches, too,
as every soldier knows to his sorrow, the tighter the belts
become. Tifebelts are made to cross the coat at about three
buttons from the collar downwards. No matter whether
the man be tall or short, whether his bodily frame would
properly allow it or not, the belts must cross there, and
under the breastplate, which serves as a focus to drag the
weight and pressure to one point, and that point just about
thQ goat of tho breath. Auy soldier who has oyeed,ozza a

day's march on a hot day can tell whether he could attempt
to draw a deep breath when fully accoutred in marching
order. If the question were put to him, his answer would
at once be, ' I never could do it; my clothing and belts are
too
~ tlivg h about e t a
re advisedo u t the :ct t ews
e.
a'
r flannel shirts in the hot wea-
ther, as they would absorb the moisture from the body,
which is very true ; but they are almost useless under our
coatees, where no air can penetrate. I have seen men
wring their coatees after a march, as if they had been
dipped in water, which would not have been the case if
air could have reached the body. Many different patterns
were recommended, I remember, at Chobham, but none so
pleased the men who tried their merits as the double-
breasted frock coat, with a turn-down flap at the breast, by
which access was given to the air to reach the body. The
beats would diminish the comfort even of thts description
of coat, but it would still, however, be superior to the tire-
some coatee.

" In the regiments of Guards the stock is the same as
done away with while out here, which is a great blessing ;
but the fact is, the men would have decided that question
for themselves ; for what man, finding himself oppressed
and dying with heat on the march, would not run a risk
to free himself of such a torment ? But the Guardsmen
complain bitterly of the bearskin caps and shakos. Why
could not these things have been left at home, or in store,
and useful comfortable forage caps supplied for the cam-
' paign, as has been, to a great extent, done by the French?
The bearskin worn by the Guards tires, worries, and wear
out the soldiers more than .three times the weight would
if carried on their back. The colour attracts the heat (for
the Guards have no white cap-covers), and they make the
wearers' head as hot, so to say, as if it was in a pot, steam-
ing over the fire, there being no ventilation in them. As
for the shakos, they are cumbrous, comfortless, and cer-
tainly far from ornamental.
" The cut of the trousers is also inconvenient. It is too
tight. Instead of a nice, easy-fitting garment, the men
have mere skintights, which impede marching and the free
exercise of the limbs, A man cannot stoop quickly with-
out a risk of two or three buttons flying off, and his move-
ments are rendered uneasy and constrained.
" The boots served out this year have for the most part
been as bad as they could be. In some instances I have '
seen them falling to pieces after a little more than a week's
wear; such is the quality of an article which on the horrid
sandy roads out here is important. The forage caps worn
by the Guards when relieved from the dreaded bear-skin
are really beastly things —dirty, greasy, nasty to the sight,
and awkward to the feel. Tho perspiration oozes out
thrJugh them and the sand penetrates, and altogether,
between their rotten and weak boots and their only too
sound and strong crossbelts and awkward trousers and
coatees, the make up of the troops does not tend to their
comfort orhealth. In the matter of arms, one satisfactory
change has taken pl..ce at the eleventh hour, and that is,
the introduction of the Minie rifles."

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

SIXTEENTH DAY-FRIDAY.

The Court reassembled at 11 o'clock this morning,
and immediately the names of the Court were called
over,
Major-General Wetherell, the prosecutor, proceeded
with his reply on the case, which was as follows :—Mr.
President and Gentlemen—Afterthis protracted inquiry,
I should have been content to leave the case in your
hands without further comments, did I not feel it my
duty as manager of the prosecution, to submit it to you
clear of all the extraneous matters which the latitude of
cross-examination permitted to the prisoner has tended to
introduce into it, and to present to the Court what seems
to me to be a correct view of the evidence as bearing on
the issues, which are to be tried. These issues are sub-
stantially three in number. 1. Did Lieutenant-Colonel
Garrett, on the cccasion of the prisoner making some
complaint to him, reproach him for doing so, and call
him a fool for his pains ? 2. Did the prisoner send a
letter to Lieutenant-Colonel Garrett, containing a threat
that he would complain to the commander of the district ?
For the threat in question is now alleged to have been in
writing, and not by word of mouth. 3. Has Captain
Nicholas been in the habit of ill treating the younger
officers, or of aiding and abetting others in doing
so ? I say that the issues are substantially these; for
it is obvious that if the matters therein stated have not
occurred, the prisoner must have asserted what he knew
to be false. Before proceeding to comment upon the
evidence, I may take this opportunity of observing that,
in order to give the prisoner every possible indulgence,
and to make this trial a means of getting at the whole
truth of the case, it has been thought fitting not only to
deviate from the usual practice in such cases, in confor-
mity with which Colonel Garrett would have appeared
before you as a prosecutor, but also, with the cordial
tonpcuutr rtehnec of Colonel
me
practically
etic a It
y nGarrettto
the
situationn d CaptainNic hol as
defenders.

If Colonel Garrett had appeared before you as prosecutor
as well as witness, he would have had a right to be pre-
sent in court throughout the trial, and it would have been
necessary for him to be so ; but as this circumstance
might, for many reasons, have been thought objection-
able by the prisoner, it was deemed right by Viscount
Harding° that the prosecution should be conducted by
myself. With regard to the position of Col. Garrett and
Captain Nicholas, relatively with that of the prisoner,
it is to be observed that the ordinary course would have
been to have proved the publication of the letter by the
prisoner, to have shown its libellous nature, by reading
it to the court, and to have then called upon the prisoner
to justify his conduct by proving that the statements
therein made were true. But by the course which has
been adopted, Col. Garrett and Capt. Nicholas have not
shrunk from imposing upon themselves a task which,
though ordinarily attended with some difficulty, namely,
that of proving the negative of the issues—is in the present
case comparatively easy. It is foryou to determine whether
it has been done to your satisfaction. Now, on the
part of the prosecution, so far as relates to the first
issue, Colonel Garrett has been called. He denies that
he ever reproached the prisoner for making a complaint
to Wan, or that he ever called him a fool for his pains.
He said he would swear to that as positively as a man's
recollection can go—that his firm conviction is that he
did not. He says that he could not fait to recollect
these circumstances had they really occurred. Major
Maxwell corroborates the evidence of Colonel Garrett,
and in reply to a question from the Court gave his rea-
sons for believing that Colonel Garrett never did what
the prisoner alleged. He says that he was present on
the occasion that seems to be pointed at in the prisoner's
statement, which was the only occasion when such a
circumstance could have taken place, and he is positive
that on that occasion nothing of the kind occurred.
najor Fyffe said that he never heard of the occurrence.
The evidence of Captain Sandwith, Captain Nicholas,
Lieutenant and Adjutant M'Alester, Lieutenant Duns-
combe, Lieutenant Curtis, Lieutenant Hesketh, is to
the same effect. Is Colonel Garrett or Major Maxwell
likely to have forgotten such matters had they really oc-
curred ? Are the other officers likely not to have heard
of them ? or, having heard of them, to have forgotten
them ? Would they not have been the subject of general
remark and conversation among them ? If, then,
these witnesses are speaking the truth, it is impossible
to suppose that the matters set forth in the first issue
ever occurred. Now, with regard to the second issue,
Colonel Garrett denies that he ever received any such
letter. Captain Sandwith says that lie is quite sure
that there neither is now nor ever was such a letter in
the orderly room. The other witnesses all says that
they never heard of such a letter having been sent, or
even written ; and with reference to this matter, it
may be observed that it does not depend on the un-
supported testimony of Colonel Garrett, who might
possibly have forgotten it, for had such a letter been
written and sent to Colonel Garrett, it would probably
have been as generally known as the letter of a like
nature appears to have been which was written by Lieu-
tenant Dunscombe. If, then, no such letter was ever
heard of by any of the witnesses, it probably was be-
cause no such letter ever existed. With regard to the
third issue, viz., whether Captain Nicholas is m the habit
of ill-treating young officers, you have heard the evidence
of Ensigns Lawson, Hammond, Coote, Hutton, Lieu-
tenants W. T. Waldy, A. Waldy, Dunscombe, Dallas,
Ford, Curtis, Llewellyn, Fane, Greer, M'Alester, Hes-
keth, Captains Mackay (?) and Campbell—eighteen wit-
nesses. They one and ail declare not only that they
never knew a single instance of Captain Nicholas ill-
treating young officers, but they ail cordially join in
giving such an account of his character and nature as to
render it incredible that he should have done so. This,
gentlemen, is the substance of the evidence on the part
of the prcsecution. I do not propose to trouble you
with comments on the various irrelevant matters which
have been introduced in the course of the cross-exami-
nation. They seem to me to be quite foreign to the
issues which you have to try, and to tend rather to
embarrass than to assist the judgment of the Court.
I will now briefly examine the evidence for the de-
feuce. The first witness, Mr. Darvill, seems to have
been called rather with a view of stating what he
considered to be a principle of justice than of proving
any matter of fact in favour of the prisoner ; for the only
fact he proves is that he, the prisoner, signed the letter
on which the charge is founded. The principle he puts
forward is that the prisoner could not be morally answer-
able for the contents of that letter, inasmuch as he
merely signed it. If this doctrine is to prevail, an
officer may put his signature to a libellous letter written
expressly for him, and published for him by his lawyer,te
and may do his utmost to blast the character of h
colonel of his regiment, and then, when calledode uponr the
to
justify what he has done, may shelter himself o
plea that, though the officer wrote the signature, the
lawyer wrote the libel. It is for you., gentlemen, to
consider the truth or worth of such a principle as this.
The evidence of the second witness (Captain atedof pathye-
master Corcoran), so far as it bears on anyoo
issues, is in truth not only hearsay of the roost objection-
able sort, being hearsay from the prisoner
r himself ; and
when the witness was directed to confinee his evidence
within his own knowledge, it appeared that he had no
knowledge on the subject of the first issue, namely,
whether Colonel Garrett had ever done that which is
there alleged ; that lie had no knowledge as to whether
the prisoner had ever sent or ever written any such
letter as that which forms the subject of the second
issue ; and as to the third issue his evidence is rather
against the prisoner' than in his favour, inasmuch
as he says that he never heard of any instance in
which Captain Nicholas ill-treated any officers, or
aided others in so doing, except from the prisoner him. i
self. The evidence, again, of the third witness, Captain
Chambers,is mere hearsay throughout, and in reality does
one of the inUeE. 170 r. although he !aid ;fat toucli
,