The Sun.
London, England, 1854-08-07 00:00:00

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PUBLICATIONS.

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NEW NOVEL BY MRS. DALRYMPLE.
Now ready at ail the Libraries, in 2 vols.
I V
V By Mrs. J. ELPHENSTONE DALRYMPLE.
Dedicated to Sir E. Bultver Lytt n.
Hurst and Blackett, publishers, Successors to Henry Colburn, 13,
Great Marlborough-street.

A V,lr

LONDON, MONDAY EVENING, AUGUST 7, 1854.

A.

THE WAR.

Just published, Price Sixpence, demy Id vo.

PRACTICAL OBSERVATIONS on the USE
and ABUSE of TOBACCO.

Br JOHN' LIZAR,, 1 te Profes,or of Surgery to the Royal College
of su•geons, and t•:enior Operating Surgeon to the ltoyal Infirmary
ofEdinburgh.
W. H. Lizars, Edinburgh ; and S. lithley, jun., London.

TURKISH EXHIBITION.—Ten mouths hav-
ing been spent in the most elaborate prwirstion and care-
ful arrangement, the time for :he OPENING of the ORIENTAL and
TURK (SU MUSEU H. at St. George's Gallery, Hyde-park-comer,
Piccadilly, is at length fixed upon positively for Tatnday next, the
10th hist. Open every day from 10 a.m. to 10 pm , with the excep-
tion of '.atu: days, when It will be closed at 6 p.m.—Prices of adults-
si,n, 2s. 6d. ; children, Is. 6d. ; tamily tick( is (admitting five per-
sons), 10s. ; Saturday, sa. ; ditto, children, 2s. 61—Conjoint mana-
gers, S. Aznavour and C. Oscanzau.

panies of the regiment under orders to proceed from
Corfu to Turkey.

NAVAL AND MILITARY INTELLIGENCE.
Royal Albert, 121, screw, is still in the dry dock in
her Majesty's dockyard, Sheerness. Her machinery is
fast completing, together with her rigging. In conse-
quence of the steam engine being at work clearing the
mud out of the basin, she will have to remain where she
is for another week.
Formidable, 84-gun ship, is lying at Sheerness, and is
pretty well ready for sea, with the exception that she
has no sailors, without which, being a sailing vessel, she
will be of little use.
Colossus, 81, screw.—This beautiful model of a two-
decked line-of-battle ship having fitted her propeller,
which was delayed somewhat beyond the usual time in
the Melampus, will light fires to-day to prove her boilers
and machinery. This being satisfactory she will proceed
to the measured mile to test her speed, which we ven-
ture to prophesy will average 10.6 knots per hour.
The Boscawen, 70, flag ship of Rear-Admiral Fan-
shawe, C. 8., commander-in-chief on the North America
and West Indies station, is under orders to leave Ports-
mouth for her destination on Tuesday next.
The Falcon, 16, screw steam-sloop, just finished build-
ing at Pembroke, is to be brought round to Portsmouth for
fitting out. A party of riggers and seamen went round
to that port to bring her round there in the Melampus on
Friday.
Her Majesty's steam-sloop Salamander, 6, Comman-
der Ellman, has been put out of commission pro tern.,
and her crew paid wages, and granted ten days' leave.
She has been four years in commission.
The hired transport Fantome, loaded with provisions
from the Royal Clarence-yard, for Varna, dropped out to
Spithead on Friday, and hag since sailed for the seat of
war.

LAURENT'S CASINO, ARGYLE Rooms,
(Lessee, Cass. C. LAURENT, Onslow-house, Fulham-road),
The above Rooms are now OPEN FOR THE SEASON.
and will continue open every evening, with LAURENT'S
CELEBRATED BAND. Constantinople Qrladrille, Sultan Polka,
Fair Star Waltz, and Overland Mail Galop, by D'Albert.; also, by H.
Laurent, the following Waltzes -La belle Frangaise, Leonora, Villi-
lint and his Dinah, Admission, Is. Doors open at half-past 8.
Dancing to commence at 9 o'clock, and teradnate at half-past 11.

PATRON-A.R.H. PRINCE ALBERT.
ROYAL POLYTECHNIC INSTITUTION,
UNDER ENTIRELY NEW MANAGEMENT.

THE LORD AUCKLAND TRANSPORT.
The loss of three soldiers at sea, and the deaths which
have occurred since the Lord Auckland put back to
Plymouth Sound, have naturally attracted much atten-
tion, and caused inquiry regarcling the origin of such a
calamity. It was at first attributed to insufficient ven-
tilation, then to the impurity of the Thames water, and
latterly to the condition of the troops, and their want of
attention to cleanliness. The last seems to be the prin-,
cipal reason. The Lord Auckland is a barque of 628
tons, was bu It at Calcutta in 1836, and employed on her
last voyage in conveying convicts to Hobart Town. She
then had cn board 246 convicts, 50 soldiers, six women,
and seven children, besides a crew of 31 men, all of
whom slept in the 'tween decks. Two of the convicts
died ; 248 embarked, and 246 landed. One birth occurred

GREAT NOVELTY.
DUBOSCQ'S ILLUMINATED CASCADE every evening, except
Saturday, at Nine o'clOck, in addition to all the LECTURES,
OPTICAL EXHIBITIONS, PHOTOGRAPHIC GALLERY, &c., &c.,
&c.

DRUCE and CO.'S PATENT ROYAL MAGNETIC PAGE
TURNER for MUSIC, &e., Exhibited and Explatned daily, with
many other Inventions,

on the passage.
From Hobart Town she went to
_Bombay and took
cargo to London, where she was placed in dry dock, had
her bottom sheathed and re-bolted, ballast shifted, and
50 tons of washed river ballast added. On this there
are now stowed 60 tons of coal, 450 casks of porter, and
the ship's stores. The water, which has been started
here is the filtered water from the London Docks and was
used by all on board. Before departure the ship and
orovisions passed a satisfactory inspection in the pre•
Bence of General Beresford, the Commandant at .Chat•
ham ; Captain Lock, It N., Naiit StiPerintendent ; and
Mr. Gladstone, surveyor, East India Company. The
troops numbered 192, the crew 26, so that there were
218 souls on board.

The Ventilation and Lighting byJoaN LESLIE, Esq., maintains an
Equal and Cool Temperalure in the Hot•est Weather.
BAND of MUSIC under the direction of Mr. WAUD of the Royal
Italian Opera,
Admission, Is. ; Stalls, 25.; Schools and Chr.dren under Ten Years
of Age, Half-price.

CONTRACTS FOR SUGAR, WHEAT, AND PEAS.
Department of the Comptroller for Victualling and Transport
• Services, Somerset-place, 2d August, 1851.
riVFI74 Commissioners for. Executing the Office of
Lord High Admiral of the United Kingdom of Great Britain
.IL
and Ireland, do Hereby Give Notice, that on THURSDAY, the 10!li
instant, at One o'clock, they will be ready to treat with such persons
as may be willing to Contract for supplying and delivering into her
Majesty's Victualling Stores at DEPTFORD, the under-mentioned
articles, viz.—

SUGAR ~ ....

Tens.
100
Quarters,

vt hen to be delivered.
Half of each in two weeks, and
the remainder in two weeks
afterwards, or earlier if pre-
ierredby the party tendering.

WHEAT .. ...
PEAS ........ •

3,000
s'o

'their Lordships reserve to themselves the power, when•t`te ten-
ders are opened, of contracting either for the whole, or for such
part thereot only as they may deem fit, or for a greater quantity, or
of not contracting for any; and a so an unlimited power of select
The Su.far to be exempted from the Customs Duties, and parties
tendering are to state where it is lying.

A proportional part of the price per bushel of Wheat will be paid
for any weight exceedithr 60 lbs. per bushel.
No tender will be received for a lese quantity of Sugar than 20
tons, of Wheat than 500 quarters, and of Peas than 100 quarters; and
every tender nr,st specify in words, as well as in figures, the prices
at which the articles may be offered.

Samples of the Su. ar (not less than 2lbs.), and of the wheat and
Peas (not less than 2 quarts of each, must be produced by the parties
tendering.

The samples produced by persons whose tenders are not accepted
are requested to be taken away by them immediately after the con-
tracts h Lve bean decided.

No tender will be received unless made on the printed form pro-
vided for the purpose, arid which may be obtained on application a-.
the said Office, or to Coonnander Bevis, conducting the Packet Service
at Liverpool, or to the Collector of Customs at Bristol.
The conditions of the revised eciatract, to which particular atten-
tion is called, may be seen at the said office, and at Liverpool and
Bristol. No tender will be received atter One o'clock on the day of
treaty, and it will not be required that the party tendering or an.
agent on his behalf, snould attend at the odice on the day of con-
tract, a, the result of the offer received from each person will be
commun,cated to him in writing.

Every tender must be addressed to the Secretary of the Admiralty,
and bear in the left-hand corner• the words " Tender for 1,
rind must also be delivered at SAnerset•place.

GREAT REDUCTION' IN PRICE OF

SIR WM. BURNETT'S DISINFECTING-
FLUID.

Gallons, ss. Quarts, 2s. Pints, Is. Half-pints, 6d.
This Valuable DEODORISER and DISINFECTANT instantane-:
ously destro"ys all BAD SMELLS without urochicing auy itself. •
Its free use, as directed, PItEVENTS CHOLERA a Id all CON-
TAGIOUS DISEASES.

Sold by all Chemists and Druggists, and at the Office, 18, Cannon-
street, London-bridge.

N.8.---Beware of a spurious imitation.

The Rhadamanthus steam-transport, and the Ale
pus, sailing transport, left Spithead on Friday night
for Plymouth, Pembroke, and Scotland.
The Spiteful, paddle-wheel steam-sloop, Commander
A. Kynaston, went down the river. on Friday to try
her engines, and, as they worked satisfactorily, she re-
mained at Greenhithe until her compasses were ad-
justed, and came up to Woolwich again on Saturday
evening. She is now ready for sea, and it is expected
she will receive orders to proceed and join the fleet in
the Black Sea.
The - Jackal iron paddle-wheel steam-vessel, ;Lieu-
tenant Commander Jackson, went down the river on
trial on Thursday, and had her compasses adjusted
before she returned to Woolwich. She was placed under
orders, and left at an early hour on Saturday morning
for the coast of Scotland, to protect the Scottish fisheries
in the North Sea. The Jackal may meet with a prize
or two on that station, as it is generally believed some
of the Russian Indiamen will come round through the
Pentland Frith, instead of venturing up the English
Channel.

The steam-vessel African arrived at Sheerness on
Saturday last at 8.30 p.m., with supernumeraries from
Portsinouth for the Baltic fleet, for passage out by the
Dauntless, and they. were drafted over the same evening
to the Dauntless.

The Hornet, steam-sloop, Commander F. A. Campbell,
completed her coaling at 7.30 p.m. on Saturday last at
Sheerness, and came down to harbour anchorage to make
good defects, and await Admiralty orders.
The Dauntless, Captain Ryder, on Saturday com-
pleted taking in shot, shell, &c., of the largest calibre.
She takes the mails (nine large bags), besides a great
number of packages and parcels. Yesterday morning's
mail was put on board previous to her departure. She
takes the following supernumeraries :—Capts. Alexander
and Wemyss, . Royal Marines, for disposal in the fleet ;
Lieutenants Graham, and G. F. Blake—the former
to join the James Watt, the latter for the Neptune;
Lieutenant F. C. Knight, R,M., exchanged from
the Formidable for service in the Dauntless, with
Lieutenant W. J. Kinsman, of the Dauntless, A. Capel,
H. Austin, and A. F. Hunt, midshipmen ; M. Lyon,
master's-assistant; J. B. Sterling and R. M. Lloyd,
naval cadets ; 11 gunners of the Royal Marine Artillery,
and 17 petty, officers, seamen, and marines. The pay
yacht from Chatham arrived at Sheerness on Saturday
last, to pay advance to 40 first and second class boys
from the Waterloo, and 13 Royal naval coast volunteers,

- ,
who have gone out in the Dauntless, The Dauntless is

to return to England again immediately she has distil-

buted her ammunition, shell, shot, and stores, &c., to

. .
the respective ships to which they are consigned. She

will not be absent for more than three weeks.

Mr. Mil!bank, the Trinity pilot at Sheerness, was sent
on board by admiral's order, which was afterwards

countermanded, and she left here yesterday at 11.30

The troops, many of whom are Irish, are sent out by
the East India Company to join the 10th, 24th, 60th,
and 87th Regiments. They consist chiefly of recruits,
are under command of Lieutenant Stewart, of the 24th,
and lir medical charge of Dr. John Hooper, Assistant-
Surgeon in the East India Company's service. It is said
that several had just left Chatham Hospital. Their diet
was much the same as that of the crew, only that each
soldier had, in addition, a pint of porter daily. After
drinking this some of them would lie about on the decks
for hours, and gross inattention to cleanliness was the
result. Great want of discipline prevailed from the com-
mencement. On one occasion they released a prisoner
from his irons ; on the 28th ult., after the ship was put
about they refused to go below at night, and even on
arrival in the Sound di.-obeyed the commands of their
officers, which resulted in a sentence by court-martial on
the 2d inst. All the deaths have occurred among the
troops who were berthed in the 'tween decks. The crew
are berthed in a topgallant forecastle, and only one
afflicted with dysentery has been sent on board the hos-
pital-ship. Since last report Serg. Taylor, of the 60th, has
died. He was attacked on Friday morning on board the
Endyinion, and was conveyed to the hospital-ship. He fe:i
almost immediately into a state of collapse, and died at
6 p.m. On Saturday evening there were on board the
Andromeda, under charge of Dr. Wm. Dalby, R.N.
25 cholera cases, of which 4 were improving and 15
convalescent. Among the remaining 6is that of a cor
poral, .who, with his wife and child, are in a very dan-
gerous state. The premonitory symptom is diarrhoea
and the general characteristics, violent purging, vomit-
ing, cramp, thirst, &c. The names of the 11 fatal cases
which have occurred are as follows :—ln the Channel,

John Slade, 24th ; John Connor, 87th ; and John Quin-
tin, 24th. In the Sound, Michael Cronin, 87th ; and
Wm. Wilson, 60th Rifles. On board the Andromeda,
Wm. O'Brien, 10th ; Michael Haterne, 87th ; Mary
Heeling, woman, 60th ; Eliza Bardling, child, 87th
Wm. Cunningham, 60th ; and. Sergeant Taylor, 60th.
On board the receiving hulk Endymion there are now 6
officers, 127 rank and file, 12 women, and 7 children.
Medical examination takes place every two hours, and
the men are encouraged in all kinds of suitable amuse-
ment. Dr. J. Henry, R.N., has medical charge. Cap-
tain Skinley and the crew of the Lord Auckland, who
are all in good health, remain on board their ship.
&riot quarantine is maintained throughout, and the boat

_ .
duty is performed by boats from the Calcutta, 34, and
the Meander, 44, now in the Sound. Capt. Stopford,
of thelortner ship, is the naval inspecting officer. Eleven

days elapsed 'between the. embarkation of the troops
and the arrival of the ship here. While in the Channel

the weather was calm and extremely sultry. Had the
troops been embarked et a western port they would, in
24 hours, have been well into the Atlantic Ocean. Of
the hundreds of emigrant ships which have left Ply-
mouth none have been
.obliged to return under such cir-

cumstances as those which prevailed on board the Lord

Auckland ; ict fact, the return of a ship, under any cir.
curnstances, is a case of very rare occurrence.

a.m. under steam power, in
.pilot charge of her sailing
master, Mr. William Stanton.

Mr. Francis G. Ban, assistant engineer of the first
class, from Fisgard, hati joined the Dauntless by an
Admiralty order, and proceeds in her to the Baltic.
The Tortoise, Edward Russel, second master (acting),
arrived at Sheerness on Saturday last from Devonport
and Portsmouth, with stores for that yard ; she also
proceeds to Woolwich and Deptford yards. •
The Waliner Castle, of London, hired troop-ship,
Commander Price, from London for Copenhagen, was
towed down to the Nore on Saturday morning last by
the steam-tug Robert Bruce,,where she brought up for
the tide, in consequence of a strong north-east wind.
The following ebb tide she got under way and proceeded.
The Waliner Castle is one of the hired transports to be
placed at the disposal of the Anglo-French commanders
in the Baltic, for the conveyance of troops which are to
be transported from the line-of-battle ships now in the
Baltic.

ARRIVALS, &a., AT MALTA.

Our Malta letter, dated the 29th of July, announce the
arrival there on that morning of the Peninsular and
Oriental Steam Company's ship Manilla, laden with

SECOND COURT-MARTIAL ON LIEUT.
PERRY.

EIGHTS DAY-SATURDAY.

.ection of having given him leave to be absent on that day.
Prisoner (through the Court)—Did I not withdraw
my letter to the general of the district at your request ;
and did you not ask if I wished it to go to the general,
and what answer did I give ?
Colonel Garrett—l don't remember ever receiving
any letter of the kind alluded to from you, and know of
no letter to which the question has reference.
Prisoner (through the Court)—Be kind enough to re-
consider the question, and say whether the answer that
I gave was not this :—" That I should not like to ruin
any young man's prospects; and if you would repri-
mand him severely, and put a stop to these occurrences,
I would be satisfied ?"
Prisoner—lt is understood that " the question"
means the preceding:question ?
The President—Oh, yes.
Colonel Garrett—l have already stated that when I
reprimanded the officer, I do not think I made any ob-
servations to Lieutenant Perry, nor do I recollect his
having made use of the reply stated by Lieut. Perry.
Major-General Wetherall intimated that this would
be the case for the prosecution on the fist and second
instances of the charge ; arid he would now proceed on
the third and fourth instances of the chlrge. The De-
puty-Judge-Advocate would rend that portion of the
charge, and the first evidence he proposed to give would
be documentary.
The .Deputy-Judge-Advocate then read as follOws :
" For scandalous, infamous conduct, unbecoming an
officer anti a.,<Yentleman, in the following instances :
" Third. For having on the 21st of July, 1854, at Wind-
sor, when examined :is a witness before the c,iurt-inartial,
which was then and there being hell for the trial of Lieut.
Thomas Fergus Greer, in reply to the following question -
Will you swear positively that Captain Nicholas did
not reprimand officers against whom you had made a com-
plaint to the commanding officer ?' made the following an•
swer :—` I have taken au oath already. Lieutenant
Nicholas never to my knowledge censured anybody, he
himself (meaning Captain Nicholas) having 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. For 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-Ad-
vocate officiatine, at the trial of Lieutenant Thomas Fergus
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 (meaning Captain Nicholas) aids and abets
nearly everything of the kind that takes place' —he, the
prisoner, then well knowing that so much of the said
statement as imputed to Captain Nicholas `that he ill-
treated young officers, and aided and abetted others in so
doing,' was false."

Major-General Wetherall—ln proof of the question
and answer, I lay before the Court a certified copy
of that portion of the proceedings on Lieutenant Greer 's
trial which I received from the hands of the Deputy-
Judge-Advocate-General, and it bears the seals of his
office. [The paper was here handed in.]
Lieutenant-Colonel Pipon was then sworn to give
evidence on the fourth inst-ince of the charge.
The prisoner here wished to make a statement relative
to the letter written by him to Lieutenant-Colonel
Pipon, to the effect that he thought he had a right to do
so, in consequence of what Major Pack told him on
his own trial, Major Pack acting then as deputy-judge.
advocate.

The President said the letter was not yet before the
Court. •

Prosecutor (Major-General Wetherall)—Were you act-
ing as deputy-judge-advocate at thecourt-martial held for
the trial of Lieutenant Thomas Fergus Greer, of the
46th Regiment, held on or about the 24th of July last ?
Witness—l was.
Prosecutor—Did you on that ocsasion receive a letter
from Lieutenant Perry, the prisoner now before the
Court ?

'Witness—l did receive a letter signed by Lieutenant
Perry.

Piosecutor—ls the letter now produced the same
Letter ?

Witness—Yes, it is.
Prosecutor—ls it in the same state as when you re-
ceived it ?

Witness—lt is in the same state as when I received
it and handed it over. The letter has not been altered
since I received it ?

The Deputy-Judge-Advocate then read as follows :
" Windsor B trracks, July 21.
"Sir,—l humbly submit that lam the virtual prosecu-
tor in this case, and as Colonel Garrett, the nominal pro-
secutor, declines to put questions necessary to the elucida-
tion of the truth, I ask to have the opportunity of cross-
examining the witnesses. I understand that Major Max-
well has stated on oath that Captain Nicholas never
ill-treated young (Akers. Were I allowed the opportu-
nity I could put questions to prove that he did, and that
he aids and abets nearly everything of the kind that takes
place.—l have the honour to be, your most obedient hum-
ble servant,

"J. E. PERRY, Lieut. 46th Regt.
" To the Deputy-Judge-Advocate."
Corporal John Smith was called to prove the hand-
writing, when
The Prisoner said—To save the time of the Court I
am quite ready to state that I wrote the letter of my
own free will. I signed it, and addressed it to the De-
puty-Judge-Advocate without consulting anybody.
The Deputy-Judge-Advocate then 'read the certified
extract as given in the fourth instance of the charge.
Prisoner—There are questions and answers both pre-
vious and after this question and answer, which would
materially qualify both. They would show that the an-
swer was extracted from me contrary to my wish. I
objected, at first, to answer on the ground that the ques-
tion did nut bear upon the case, but I was told that I
must answer. The words were put into my mouth. I
do not, however, deny that I made the answer, and I am I
prepared to prove its truth. -
The Deputy-Judge-Advocate said the prisoner could
procure certified copies of any portion of the evidence he
pleased, on application to the Judge-Advocate-General.
Ensign Henry Lawson was then sworn, the third and
fourth charges being read over to him.
Prosecutor—How long have you been in the 46th
Regiment ?
Witnty;s--About four months.
Prosecutor--Have you ever received ill-treatment at
the hands of Captain Nicholas ?
Witness—No, I have not.
Prosecutor—ls it within your knowledge that Captain
.young offi-
Nicholas aids and abets others in annoying
cers; or that he has aided and abetted others in so doing?
Witness—No. Never since I joined has he aided and
al
abetted others in annoying young o
cers. On the con-
trary, he has aided ::,hein by advice.
ProsecutorL--What is the character of Capt.. Nicholas

or(

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Loftus, and Howeth. This regiment was one of the
first raised under the Militia Act in 1852. It numbers
1,190 rank and file, but, in consequence of the greater
number of the married men remaining at hOme the' ser-
vice companies will be considerably reduced in strength.
This regiment which, it is stated, has been selected to
do duty in Ireland on account of the good conduct of
the men, most unexpectedly received the route so lately
as 12 o'clock on Monday List. Orders were at once
given to pack up, and, this operation having been ac-
complished by Wednesday morning, the first division
left Berwick-on-Tweed, by rail, for Liverpool, where
they were embarked without further delay on board the
Trafalgar, which sailed for Dublin.

PRINCE ALFRED'S BIRTHDAY.—To-day, August C,
being the 10th anniversary of the birthday of his Royal
Highness Prince Alfred Ernest Albert, and the Court
being resident within the precincts of this station, a ge-
neral royal salute at one o'clock today was fired by her
Majesty's ships in Portsmouth harbour and the Bos-
czwen at Spithead, in honour of the day, and each of
the former dressed in flags and colours all over.

The Carl Magnus, the John, the Indusirie, the
Emilie, the Carolina, and the Gebroders, Russian ships
captured by her Majesty's cruisers, have all been con-
demned as lawful prizes by the High Court of Ad-
miralty.

The general court-martial on Lieutenant James Ed-
ward Perry, of the 46th Regiment, re-assembled in the
officers' mess-room, at the Infantry-barracks, Windsor,
this morning, soon after eleven o clock. The intense
interest taken in this extraordinary inquiry is shown by
the increased attendance of the public ; but to prevent
disappointment, it may be as well to state that the room
in which the court is held, although the largest in the
barracks, is so completely occupied by the members'
table, and the necessary accommodation for the Deputy
Judge-Advocate, the prosecutor, and the prisoner, that
there does not Kemain standing-room for more than a
dozen persons. Something like double that number, ,
however, choke up the door-way and passage. Amongst
those present to-day were Colonel the Hon. Cecil
Forester, M.P. Captain Bulkeley, Captain H. Seymour,
and two private friends of the prisoner, whose names did
not transpire.
Directly after the court had been formally opened by
Major Dalgetty (the Deputy-Judge-Advocate,) the
examination of Colonel Garrett, K.H., the commanding
officer of the 46th Regiment, was resumed.
By the Court—Was the 46th Regiment inspected by
any general officer subsequent to the reprimand given
by you to the officers who had annoyed Lieutenant
Perry, and did he make any complaint of ill-treatment
to the inspecting officer on that occasion ?
Colonel Garrett—The inspection immediately after
must have been the autumnal inspection of 1853—in
October, I think—by Major-General Cochrane, in
Dublin. I believe Lieutenant Perry was present. He
might have been sick, but, to the best of my recollec-
present, and made no complaint of ill-
*
By the Court—After the letter in question (the letter
Upton) had appeared in the papers, and you
assembled the officers and addressed them, was Lieute-
as
nant Curtis present ?
tttorioeCo anCt'omllohoenennel Colonel Upton)
believe he was. I have no recol-

[PRICE SD.

as regards his treatment of young officers on joining the
regiment ?
Witness—He always gives them advice whenever they
ask it, and assists them in every possible way. I was
one of his subalterns for a short time after I joined the
,regiment, and came to Windsor. He always gave me
counsel and advice, and assisted me and all the other
young officers in every possible way.
Prisoner—have you experienced any practical jokes
since you joined the regiment, and, if so, of what nature
were they?
Witness— No, I have not.
Ensign in
Henry Carr W. Hammond was then sworn,
the third and fourth instances of the charges being read
over to him.
Prosecut ir—How long have you been in the 46th
Regiment?
Witness—l joined about the middle of March last.
Prosecutor—Have you ever received ill-treatment at
the hands of Captain Nicholas ?
Witness —Never; Captain Nicholas has always treated
me with the greatest possible kindness since I joined.
Prosecutor--Is it within your knowledge that Captain
Nicholas aids and abets others in annoying young of-
ficers ; or that he has aided and abetted others in so
doing ? •
Witness—No, it is not.
Prosecutor—What is the character of Captain Nicholas
as regards his treatment of young officers on joining the
regiment ?
Witness—The officers who have joined since I did, to
my knowledge, have always been treated with the
greatest possible kindness by Captain Nicholas.
Captain Mackay—The witness has not fully answered
the question. Has he heard the character of Captain
Nicholas ?
The President—He says, to the best of his knowledge.
Prosecutor—Were you ever taken by force from your
room against your will, placed on the mess-table, and
made to sing a song ?
Witness—No, never.
Prisoner—Have you never been pulled out of bed by
officers of your own regiment?
Major-General Wetherall apparently objected to the
question as irrelevant. He said the prisoner was only
asking questions at random.
Witness (in answer to the question)—No, never.
Prisoner—The question was asked by the prosecutor.
Prosecutor—Yes, it was ; and it has been answered.
Yours is the same question. I have no wish, however,
to limit your questions.
Prisoner--Was no other officer at Weedon pulled out
of his bed, placed on the mess-table, and made to sing a
song ?
Witness—. Not to my knowledge.
Prisoner—Was not such an occurrence spoken of
amongst the officers at Weedon as having taken place
there ?
Witness--I never heard of anything of the kind having
happened when I was there. .
Prisoner—Since Major Maxwell gave his evidence,
have you been spoken to in reference to your evidence ?
if so, who spoke to you, and what was said to you ?
Witness—l saw Major Maxwell's evidence in the
newspapers. No officer has told me what to say, nor
anybody.
Prisoner—Before you entered the room, had you any
knowledge of the points upon which you would be
examined ? if so, from whom had you the information ?
Witness—l had no knowledge whatever.
Ensign Richard Coote was then sworn, and the charges
were read over to him.
Prisoner—How long have you been in the 46th Regi-
ment ?
Witness—Since the 10th of January, 1854.
Prosecutor—Have you ever received ill-treatment at
the hands of Captain Nicholas ?
Witness—Never. On the contrary, I have always
received the greatest possible kindness and best advice
from Captain Nicholas ever since I joined the regiment.
Prosecutor—What is the character of Capt. Nicholas
as regards his treatment of young officers ?
Witness—Since I joined the regiment I have always
known him treat young officers with the greatest pos-
sible kindness, and the character I have heard of him
has been the same.
Prosecutor—ls it within your knowledge that he aids
and abets others in annoying young officers, or that he
has aided and abetted others in so doing ?
Witness—Since I joined the regiment Capt. Nicholas
has never aided and abetted others in annoying young
officers.

Prisoner—Did not Captain Nicholas, on one occasion,
call you " son of a of an ensign ?"
Witness—ever on any occasion since I joined the
regiment.
Ensign George Morland Hutton was then sworn, and
the charges were read over to him.
Prosecutor—How long have you Leen in the 4Gth
Regiment ?
Prisoner—About ten months.
Prosecutor—Have you ever received ill-treatment at
the hands of Captain Nicholas ?
IVituess—No.
Prosecutor—ls it within your knowledge that Captain
Nicholas aids and abets others in annoyrog young offi-
cers, or that be has aided and abetted others in so doing ?
Witness—No.
Prosecutor—What is the character of Captain Nicho-
las as regards his treatment of young officers on joining
the regiment ?
Witness—Since I joined the regiment he has always
been very kind to me as a young officer.
Prisoner—Did you ever hear opprobrious language
used by Captain Nicholas towards young officers ?
Witness—l don't remember ever having heard it.
Lieutenant W. T. Waldey was then sworn, and the
charges were read over to him.

Prosecutor•—How long have you been in the 46th
Regi in en t ?
Witness—One year and three months.
Prosecutor—Have you ever received ill-treatment at
the hands of Captain Nicholas ?
Witness—l have never received ill-treatment at the
hands of Captain Nicholas; he has always acted on the
contrary.
Prosecutor—ls it within your knowledge that Capt.
Nicholas aids and abets others in annoying young offi-
cers, or that he has aided and abetted others in so doing ?
Witness—l have never known Captain Nicholas, since
I have been in the regiment, ever to take part, in word
or deed, against a young officer in practical jokes.
Prosecutor— What is the character of Capt. Nicholas
as regards his treatment of young officers on joining the
regiment ?
Witness—He has always been excessively kind to
me ; but I have been on detachment since any one
joined junior to myself.
Prisoner—Did you ever hear Captain Nicholas use
opprobrious epithets towards any young officers ?
Witness—Never to my knowledge.
Prisoner—Will you be kind enough to refresh your
memory on this point, and say whether you did not
hear Captain Nicholas call one young officer a "
son of a -- of au ensign ?"
Witness—l never remember anything of the sort.
Prisoner—Have you never said that Captain Nicholas
made use of these words ?
Witness—Never having heard Captain Nicholas use
these words, I most decidedly never could have said so.
Pt isoner—Have you not stated, even in writing, that
he made use of these words ?
Witness—Never, to my knowledge.
Prisoner (handing up a letter to the President)—May
I request that no part of this letter be shown to the wit-
ness, except the signature, and the letter be not read!
The President—We can make no compromise with
you, Mr. Perry. If a letter is put in, the 'whole of it
must be read.

Prisoner—But I only cross-examine upon it. I shall
put it in, as part of my defence, afterwards.
The letter was then handed up to the President, who
read its contents with great surprise, his countenance
evidently denoting that the words said to have been
used by Captain Nicholas formed part of its contents.
Prisoner (the President showing witness the letter)--
Is that letter in your handwriting !
Witness—lt is ; the whole of it.
The President—ls that part of it in your handwriting!
Witness—lt is.
The prisoner said he should like to have the letter
back. .
A long discussion then ensued upon the point, in the
course of which
The Deputy Judge-Advocate said —I am the sworn
officer of the Court, and the letter will be quite safe with
me. It must not leave the Court to be returned to you.
The President—Deliver it up, Mr. Perry.
The DeputyJudge-Advocate—lt is merely for custody.
The prisoner (acting on the suggestion of Mr. Dar-
viii, his legal adviser) said he should leave the letter
under protest, and only for custody while the Court
for an hour and a quarter.
wasT The
ecaorue dr t tNovacsotnhseidnercltehaerepdofi
OnTthhee admissionrDe-e;nty.
ju of
dge.Atle dtvpocuabtleio.
announced that the
Court had decided that the document should be retained
in the hands of the Deputy-Judge-Advocate, but not to
be read unless demanded by the prisoner. The Court
had also decided that the letter should be sealed up
under his (the Judge-Advocate's)
e t
prisoner. At the sante time, in order'l ,n
oatn dto tohe:pttri ov
ef ttlhtee
iu),roit-ohtr
hreofalakeywed-uso to l iemi4
t icopnymokfe
toifait, h
et ereisierii
presence
prisoner
take
the Court.

Prisoner—l am quite satisfied and exceedingly grateful
for the decision of the Court. I have no wish to take a
copy of the letter, and I shall be quite satisfied with the
seal of the Court.
The Deputy-Judge-Advocate—Justice requires that
you should seal it. [The letter was then sealed up]
Prisoner (in cross-examination of Lieutenant W. T.
Waldey)---Will you now state whether Captain Nicholas
used the words imputed to him or not ?
Witness I state the same as I did before, that I have
not the slightest remembrance of it.
Prisoner—l beg to decline asking the witness any
more questions.
By the Court—Do you remember an officer beingre-
primanded by Colonel Garrett for annoying Lieutenant
Perry ?

Witness—l never was present when an officer was
reprimanded by Colonel Garrett for annoying Lieutenant
Perry.
8y the Court—Was Lieutenant Perry subjected to