The Sun.
London, England, 1869-07-12 00:00:00

COURTS-MARTIAL COMMISSION.

Tho Second Report of the Courts-martial Commission has
just boon issued, and contains several practical suggestions
for increasing their efficiency and influence. The Commie-
Menem record with satisfaction their belief that these court-
have the confidence of the army, notwithstanding
some defects which require correction. The principal
kinds of courts-martial are the general, the district, and
the regimental. A general court is convened by the com-
mander-in-chief or by a general officer, empowered
by warrant under sign manual. This court has the power
to try crimes however grave, and, with the exception of
corporal punishmenl, can award any sentence, including
that of death. A district court-martial differs from a gene-
ral one, in the number and standing of its members, in not
being attended by a deputy-judge-sulvqcate, .ind in having no
power to try a commissioned officer, or to pass a sentence of
death or penal servitude. - A regimental court is convened
by the commanding officer of a regiment exclusively for the
trial of crimes committed within the regiment, and all the
proceedings are conducted by the court itself without the
assistance of a prosecutor or a Deputy Judge Advocate.
The law of courts-martial is derived from the Mutiny
Act, the Articles of War, and her Majesty's regulations, and
when they are silent by the custom of war. The commis-
sioners complain of the complicated state of the military
law as laid down in the Acts of Parliament and the Articles
of War, and they strongly recommend its simplification, and
that a text book on military law should be prepared for
the instruction of officers and for the use of courts-
martial. They advise that courts-martial should, in
the main bo constituted as at present, and
think it essential to maintain strictly their
military character, but stipulate that the Deputy-
Judge Advocate should have a competent knowledge
of the laws of evidence. With the view of
reducing the number of regimental courts-martial,
they would enlarge the powers of commanding
officers. Whenever the services of a shorthand writer can
be obtained, the witnesses should be examined viva voce,
and they think the prisoners should be supplied with
the list of witnesses. Cases of embezzlement should
be submitted to ordinary criminal tribunals, and
the practice of re-assembling a court to revise
their sen enco should be abolished. With regatil
to punishments they recommend that ono or more
coLtral military prisons be established, that a scale of fines
be substituted for imprisonment as a punishment for
drunkenness, that the punishment of non-commissioned
officers need not necessarily imply their reduction to the
ranks, and that greater facility be afforded for no discharge
of men of bad character.

PARLIAMENTARY AND MUNICIPAL
ELECTIOIIB COMMITTEE.

._e_._

This select committee reassembled on Friday, when
the Marquis of Hartington presided.

Lord Strathnairn, commander of the forces in Ireland,
was in the country during the last general election.
The distribution of troops was altered in consequence
of a requisition from the Government. The troops were
frequently used for the purpose of escorting voters. His
attention had been called to the evidence given by General
Mafurdoch, and he disagreed with that part which
referred to the employment of troops at Ballybriggan.
Before being appointed commander-in-chief, he had acted
in a military capacity at elections. He had escorted
voters, but never dreamt of coercing them. He could not
say that voters went against their will ; but, of course,
many went under the influence of the Catholic clergy.
By Mr. Egerton : If the landlord or some other persons
-end an application fur troops, an officer has no discretion
to refuse an escort.

By Mr. W. Hunt: The order for trooit has never
varied with the Government.

By the Chairman : Thought the instructions of Generat
McMurdoch rather too voluminous and embarrassing.
Witness gave orders that there should be no escort with-
out cavalry, and lie thought that necessary. Did not
agree with General McMurdoch that the cavalry should
be armed with sticks or bludgeons, believing that it would
be rather a provocation to the mob. A magistrate was
applied to to accompany the troops, and it was the rule to
ask the senior magistrate.

By The O'Connor Don: Believed the same feeling
existed in Ireland two or three years ago, when several
outrageous acts came under his notice. Believed the
Ribbonmen were the rank and file of Fenianism, and the
Catholic clergymen took a very improper course in refe-
rence to it.

By Mr. Egerton: Did not believe that the Ballot would
of itself afford sufficient protection. Roman Catholic
priests could bring pressure that others could not. Was in
favour of providing additional polling•places, Did not
think that the Ballot would have a tendency to increase
the purity of elections.
By Mr. Ward Hunt : Believed that if there was bal.
loting, and a person whose politics were known came to
record his vote, he would stand the same chance of being
attacked as at present.
By the O'Connor Don : Supposing the magistrate or
iandowner ordered the troops to covey voters to a certain
place, and one of the electors did not want to finish his
journey, an officer of ordinary intelligence would, of
course, let him do as he chose.
By Sir Frederick Heygate : Did not believe that the
constabulary would be sufficient without troops.
By Mr. Brand : No doubt the officer would allow a
voter who wished to go from his escort to do so. He
thought General McMurdoch wrong when he said that ho
considered voters under escort as prisoners. Had written
to several officers on the subject, and they none of them:
looked on voters in the light stated by the General.
By Mr. Villiers : Had heard, by means of a letter from
The O'Connor Don, that voters had been escorted some
days before the election ; but had found such was not
the case. There was no necessity for a magistrate to
accompany the troops, as the stipendiary magistrate had,
power in the matter. The Roman Catholics seemed to
believe that they were like like prisoners when under an
escort. This idea, he believed, had arisen from candidates
in their speeches instilling such a belief into their minds.
Mr. Justice Blackburn was afterwards called, and
reiterated what his bretheren of the bench had previously
said.

Lieutenant-General Sabine, President of the Royai
Society, is about to be made a civil K.C.8., in recognition of
his eminent scientific attainments.

The Liberation Society is arranging for a great
metropolitan meeting in support of the Government mea-
sure, and also for an influential deputation to Mi. Gladstone.
THE RCMOURED DEATH OF J. C. HEENAN.—A
report has been going the round of the daily and evening
press to the effect that John C. Heenan died recently, and
that the Californian papers contained long accounts of his
funeral. The numerous friends of Heenan in this country
will be glad to hear that there is no foundation for the
report. We learn from a correspondent, on whom we can
rely, that Heenan was, as late as the 23rd of last month,
in New York alive and well, and that he has not been in
California for the past ten years. Three gentlemen, known
to us, saw and conversed with Heenan on June 23, the
day that the steamship Cuba left New York. We believe
that a Californian is just dead who received from his asso-
ciates Heenan's sobriquet of " Benicia Boy," which ac-
counts for the unfounded rumour as regards the renowned
opponent of Tom Sayers.—Sporting Life.
COSTS ON ELECTION PETITIONS.—A question of
tome importance as to costs on election petitions was
before Mr. Baron Martin, at Chambers, on the I'enryn
election case on Thursday. The application was on the
cart of the sitting members, whose seats had been contested,
that Master Gordon shoull review his taxation. The bill
of costs on the part of the members, whose election was
declared valid, amounted to about £1,700, and the
Master had reduced it to about £BOO. Mr. Buck
(Baxter, Rose, and Norton), who appeared for the respon-
dents, referred to the allowance of only 100 guineas to the
leading counsel, when the fee with the brief was 300
guineas, and a material point in the taxation was whether
costs as between attorney and client or as between party
and party should be allowed. Mr. Hoskins appeared on
the other side. Mr. Baron Martin thought that the
application to review the taxation should be referred to
the court, and stand over till Michaelmas Term. He di-
rected £BOO out of the £l,OOO deposited for costs to
be paid to the roopondente pending the applioation to the,
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