The Sun.
London, England, 1858-11-27 00:00:00

THE• NAVY.

Her Majesty's steam troopship. Urgent, 6, Com-
mander M'Donald, with the 2d battalion of the 15th
Foot on board, left Portsmouth harbour yesterday
morning at 11 o'clock and made direct for Malta
without bringing up at Spithead. We regret
to add, however, that she returned to that
anchorage at half-past 3 in the afternoon owing to
some derangement of her machinery.
Her Majesty's steam sloop Curlew, 9, Commander
Horton, arrived at Spithead, from Gibraltar, yes-
terday. She left the Rock on the 17th inst. The
following men of-war were at that station when she
sailed :—The Vulture, 6, paddle frigate, Captain F.
A. Campbell ; the Racer, 11, screw sloop, Comman-
der the Hon. T. A. Pakenham ; the Lapwing, 6,
screw despatch gunvessel, Commander O'Reilly ;
the Quail, 2, screw gunboat, Lieutenant-Commander
Noel Osborne; and the Redpole steam tug, tender
to the Hibernia, Captain F. Warden, C.B. The
Curlew, having been upwards of four years in com-
mission, will now be paid off.
Her Majesty's steam-sloop Argus, 6, Commander
Ingram, returned to Spithead yesterday from the
westward, where she had been despatched to re-
lieve the lately windbound merchantmen.
The following appointments have been made at
the Admiralty :—Mr. Christopher Albert, addi-
tional master, to the Cressy ; the Rev. Samuel E.
Stothert, chaplain to Her Majesty's ship Edin-
burgh, to be chaplain to Her Majesty's ship Illus-
trious, vice Jolley ; Mr. George Love has been pro-
moted to paymaster.
Yesterday orders were received at • the head-
quarters of the Royal Engineers' establishment
at Chatham, directing Lieutenant George Sack-
ville Berkeley, and 15 men of the detachment of
Royal Engineers, under orders to embark for India,
to proceed by the overland route to Calcutta on the
4th of December.

[ADVERTISEMENT.]—Holloway's Ointment and Pills
wonderfully efficacious in curing a scorbutic eruption of
ten years' standing.—Mr. Mackridgo, ship's store-dealer,
of Price's-street, Liverpool, was afflicted for upwards of ten
years with a violent scorbutic affection in the hand, which
gave him so much pain and agony that his bodily health
became seriously affected. During this period he had the
advice of several eminent practitioners, but without obtain-
ing the slightest relief. He then purchased of Mr. Thomp-
son, chemist, Stanhope-street, Liverpool, some of Hollo-
way's ointment and pills, which, by perseverance in their
use, very shortly cured the disease, and restored him to
perfect health and strength. All- those skin diseases sup-
posed to be hereditary quickly disappear before these purify-
tug medicaments.

//,Z

PRICE 4D• STAMPED, 5 D

GENERAL COURT-MARTIAL ON THE
DESERTER TO THE RUSSIANS.

CHATHAM, Nov.• 26.
This morning, at 11 o'clock, a general court-
martial assembled at this garrison, by command of
the Duke of Cambridge, for the trial of Private
Thos. Tole, of the Ist battalion 7th Royal Fusiliers,
who, when stationed in the Crimea with his regi-
ment, in the early part of 1855, deserted to the
Russian enemy, The following were the members
of the • general court-martial assembled to try the
prisoner :--Lieut.-Col. C. E. Fairtlough, command-
ing the 3d battalion, president ; Major H. Row-
lands, 3d battalion ; Major R. Inglis, Ist battalion ;
Major E. H. Westropp, 29th Regt. ; Capt. T.
Teulon, 35th Regt. ; Capt. T. E. Holmes, 43d Light
Infantry; Capt. D. R. Crossdaile, 61st Regt.;
Capt. A. S. Creyke, Royal Engineers ; Capt. G. B.
Heasty, Royal Marines ; Capt. T. G. Robertson,
10th Regt. ; Capt. R. Hawthorn, Royal Engineers-I;
Lieut. J. Wilkinson, 81st Regt. ; Lieut. A. 0. J.
M'Meekan, Royal Marines; Lieut. J. H. H. St.
John, 20th Regt. ;* and Lieut. C. E. L. Bluett, 32d
Light :Infantry. Capt. H. L. Cape, 94th Regt.,
officiated as Deputy Judge-Advocate, and Capt. L.
Sidebottom, adjutant of the Ist battalion, conducted
the proseCution.
The prisoner, on-being brought into the room,
appeared very pale, but this, perhaps, arose from
the lengthened period he has been in confinement,
awaiting his trial, which has arisen in consequence
of the difficulty experienced in procuring the ne-
,
cessary evidence to support the charge against him.
He appears to be about 26 years of age.
The DeputyJudge-Advocate read over the charge
to the prisoner fbllows in the
month of January, 1855, when iii the service of
her Majesty and with the army in the field in the
Crimea, deserted and gone over to the enemy."
The prisoneroan being called upon, pleaded Not
Guilty.
All the witnesses were then ordered out of court,
and the following evidence Was afterwards taken :
Sergeant dames Osmotherly, 7th Royal Fusiliers,
said he belonged to the same company as the pri-
soner and was in the same tent with him during
the time the 7th Fusiliers were in the Crimea. In

the month of January, 1855, the prisoner was one
day warned for fatigue duty by Sergeant Ball, and
was ordered, with another man, to go out and search
for fuel. Prisoner was away between two and
three hours when he was reported absent. The
colonel ordered.witness, Sergeant Ball, and another
Man to go out and see if they could find him. They
first went over to Inkerman.' and then passed round
'to the White-house ravine, where the British picket
was stationed. They inquired of the picket if they
had. seen any man go down after fuel, when they
received answer that they-had, but that they did
nOL know whether he. came back again. Witness
'never saw prisoner again until be saw him a pri-
soner at Chatham.

By the proSecutorr—The men at that time were
allowed to go for fuel in advance of the White-
house picket. Witness should say the White-house
picket was about 104 yards from the Russian picket,
but le was not confident as to the distance, as ad-
vanced pickets were thrown out at night.
The prisoner declined asking this -witness any
questions.
Private George; Hines, ith Fusiliers, said he
knew the prisoner, who was in the same regiment
with him in the Crimea in January, 1855, Could
not say whether he was sent on duty when h. was
discovered absent, but it was reported in the regi-
ment that prisoner was sent to gather fuel. Wit-
ness never saw prisoner from the time he left
until he was brought in a prisoner at Chatham.
Sergeant Michael Mahoney, 3d class instructor
of musketry, was the next witness examined. He
stated that he belonged to the 55th Regt. when in
the. Crimea, and was taken prisoner in Dec. 1854,
and marched to Veronetz, with the other English
prisoners of war. In the month of May, in the
following year, the prisoner Thos. Tole arrived at
Veronetz, and was put in the same room with wit-
ness. About the latter end of June all the English
prisoners Were marched down to the 'police-office at
Veronetz, where a letter was read to them asking
them if they would like to return to England. Ile
could not say whether the prisoner was present on
the occasion of - that - letter being-read. Alturrite-F
of questions was put to them, and the prisoners
were asked what regiments they belonged to, how
they were taken prisoners, and what wounds they
had received. Their answers were all taken down.
Tole, after that, was always considered by the
other soldiers as a deserter, and it was generally
stated he had admitted being a deserter when at the
police-office. Witness was not present when Tole
was examined at the police-office.
By the Prosecutor—There was no classification
made of the prisoners. About six weeks after-
wards they were again marched to another police
station, and the same questions put to them ; it was
then again reported among the prisoners that Tole
was a deserter. All the English prisoners were pre-
sent at the police-office excepting Sergeants Con-
nelly and Edwards and the sick in hospital. A letter
was read to the prisoners to the effect that if those
men who had deserted wished to remain behind
they could do so, and that they would be sent to
America after the war.

By the Court—On the morning the prisoners
left Veronetz the prisoner and a man named Kelly,
of the 88th, who also had deserted to the Russians,
followed them through the town, and witness heard
Kelly say he wished he was going with them. There
was another exchange of prisoners afterwards, and
a man named Shea, of the 88th, returned to his re-
giment. Some prisoners who were sick were left be-
hind. Ou their march they left four or five men at a
place called Crimenchuck. The prisoner Tole did
not march with them. All who were left behind
were considered deserters, with the exception of
Shea. From the time the English prisoners were
examined at the police office Tole was always con-
sidered a deserter. About 52 prisoners were left be-
hind at Veronetz, and they were all considered
deserters. Witness could not say if they were con-
sidered deserters by the authorities. There was a
difference in the manner of treating the prisoners
and the deserters ; at Sebastopol the deserters were
allowed grog, but the prisoners not. As deserters
arrived at Veronetz they were put in a kind of barn
outside the house where the prisoners were. Tole
and some other deserters -were, however, kept in
the house. Witness could not say whether Tole
was allowed grog at Sebastopol, as he was not there
at the time.

By the Prisoner—There was only one man, not
a deserter, who was. left at Veronetz when witness
left. He could not remember prisoner and two other
men named Duke and Connor, going into hospital
the night before witness and the other prisoner left.
He never shook hands with the prisoner, neither
did he tell him in hospital that he was sorry he
I.
could not walk with the other prisoners.
By the Court—They considered. men to be de-
serters from the statements made by the other pri-
soners belonging to the same regiment, and also
from their own depositions taken down at the police
office. Tole could have beets exchanged with the
other prisoners had he wished. He had the same,
treatment as witness and the other prisoners.
Corporal R. Clark, 23d Royal Welsh Fusiliers,
said, he was taken prisoner by the Russians at the
battle of Inkerman, and marched to Veronetz. Wit-
ness saw the prisoner now before the Court there.
On the prisoner being examined at the police office
Tole was taken down as a deserter by the police-
master. Every prisoner's paper was sent up from
Sebastopol, and each man was returned either as a
deserter or a prisoner of war. The prisoner was
consideredby the police-master as a deserter. While
at Veronetz a letter was read to the prisoners, to
the effect that the Emperor would intercede with
her Majesty to let all the men who had deserted
during the war return to England without punish-
ment. The deserters were recommended to remain
in Russia until the war was over, but the option
was given them of returning to England. All the
prisoners who wished to be exchanged went to
Odessa; but Tole did not go.. He was not pre-
vented going by wounds or sickness.
By the Prisoner=-A man named Connor was not
sick in hospital when the prisoners left for Odessa,
but was taken sick on the road.
Joseph Hurst, a police-constable of the Manches-
ter police force, said he apprehended the prisoner
in a beerhouse in that city on the 18th of Septem-
ber, on suspicion of being a deserter from the 7th
Fusiliers. He had known'the prisoner 15 years.
Witness had arrested him twice before on suspicion
of being a deserter, but on each occasion the proof

Captain Sidebottom, the prosecutor, intimated
that he did not intend calling any more witnesses
for the prosecution.
The President (to the prisoner)—Have you any
statement you wish to address to the Court ?
Prisoner said he had, and proceeded to address
the Court as follows :—On the 17th of January.
1855, my company was warned for night duty, and
on the 18th the picket came and relieved us, and
we were marched to our tent. I had not time to
file my firelock when another man and myself were
and get
ordered on wood fatigue. We went to try

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