The Sun.
London, England, 1859-02-12 00:00:00

THE SUN, LONDON, SATURDAY EVENING, FEBRUARY 12, 1859.

/[R. ALBERT SMITH'S CHINA TO-NIGHT,
Feb. 12, at EIGHT o'Clock.
Egyptian Hall, Piccadilly.

BARNUM-TO-NIGHT, 12th, at St. JAMES'S
HALL.—And TWO ALTERNATE SATURDAYS,
Feb. 26, and March 12. The continued application for Tickets
to Mr. BARNUM'S ENTEIZTAINMENT on " MONEY-.
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Open at 7, commence at 8. Carriages for a quarter to 10.
Stalls, 3s. ; balcony, 2s. ; body of hall and gallery, ls.
Places secured, without extra charge, at Chappell's, Mit-
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LONDON CRYSTAL PALACE, REGENT.:
CIRCUS, OXFORD-STREET. and GREAT PORT-
LAND-STREET. •
This magnificent building is NOW OPEN to the public, for
the SALE of all kinds of USEFUL and FANCY ARTICLES.

The Photographic Establishment, Aviary, Conservatory,
General Refreshment Room, and Ladies' Private Refresh-

meet Room, with Retiring ROom attached, are replete in their
several departments.

ADMISSION FREE.

DR. KAHN'S ANATOMICAL MUSEUM,
3, TICHBOIJRNE-STREET (Opposite the Hay-
market). _ _

Open daily (for Gentlemen only).
LECTURES at Four and Eight o'clock, on important and
interesting topics in connection with ANATOMY, PHY-
SIOLO VY, and PATHOLOGY (vide Programmes).
Admission ONE SHILLING.
DR. KAHN'S NINE LECTURES ON THE PHILO-
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THE NATIONAL ASSEMBLY ROOMS, High
Holborn, formerly Casino de Venise.—This establish-
ment, pre-eminently distinguished for the elegance and
matchless beauty of its decorations, combined with the per-,
fection of its management, is OPEN every EVENING.
The celebrated band, under.the direction of Mr. W. M. Packer,
plays a nightly varied selection of the most approved classical
and modern music. Doors open at half-past 8 ; overture at
9; closing at 12 punctually. Admission Is. N.B.—Mr. W.
M. Packer's grand Annual Benefit Bal Masque is fixed for
Thursday, 17th March.

ARGYLL-ROOMS, Windinill-street, Piccadilly.
These popular and celebrated rooms arc open every
evening, with R. R. Bignell's Grand Orchestra, conducted by
that great composer, Mons. - Antony Lamotte, of Paris.
Leader, Charles Hall. Mons. Boulcourt, the celebrated cornet-
a-piston player, performs nightly, with other talented
artistes. Selections from Rigoletto, Il Trovatore, La TraViata,
Huguenots, Robert le Diable, and the new opera Martha.
Manager, R. R. Bignell. Doors open at half-past 8, close
ten minutes before 12. Admission, ls. to Promenade.

N.B.—All applications for the abUve band for Concerts and
Balls, to be made to Mr. William Price, treasurer, at the
Rooms.

JJOWES AND CUSHING'S GREAT
UNITED STATES CIRCUS.—The ALHAAIBRA
PALACE, Leicester-square.
The Morning Performances are particularly recommended,
as the Pantomime can be seen with the same effect as at night.
Sprites of the Silver Shower.
ELLA, the wonder of the world.—The celebrated horse,
"Cruiser," will be exhibited, as tamed by Mr. Rarey.—
"Black Eagle," the horse of beauty.—The educated mules,
" Pete " and " Barney." The Comic Pantomime, entitled
THE MISER OF BAGDAD, represented in the circle at
each performance.
Pit, Is.; Boxes, 25.; Reserved Seats, 35.; Stalls, 55.; Private
Boxes, £2 2s. Children under Nine years of age, half-price.
Gallery, 6d.
Two Performances Daily at two and half-past seven p.m.

HENEKEYS' COGNAC, a pure FRENCH
BRANDY, Pale or Brown, 20s. per Gallon ; 425. per
Dozen.

HENEKEYS' LONDON BRANDY, Pale or Brown, 14s.
per Gallon ; 30s. per Dozen.
HENEKEYS' per
GIN, as from the Still and the
Strongest allowed, sweet or dry, 12s. per Gallon ; 265. per
Dozen.

Packages to be returned within Three Months, or charged
ls. per Gallon. Six Gallons, the cask included, and carriage
paid.
Country orders must contain a remittance.
HENEKEYS, ABBOTT, AND CO.,
Gray's Inn Distillery, 22 and 23, High Holborn, London, W.C.
Established 1831.

ECONOMY.-A TEN GALLON CASK
(equal to Five Dozens) of the finest SOUTH AFRICAN
SHERRY, for Four Guineas, or 20s. per Dozen ; best PORT,
245. per Dozen. Cask or Bottles and Case included. Three
Dozens Carriage Free. HENEKEYS', ABBOTT, and Co.,
Importers, 22 and 23, High Holborn, London, W.C. Esta-
blished 1831.

METROPOLITAN, COUNTIES, AND
GENERAL LIFE ASSURANCE SOCIETY,
27, Regent-street, Waterloo-place, London, S.W.
Life Assurance, Annuities, and Endowments.
Loans on real and personal security.
F. FERGUSON CAMROUX, Manager.

LAW INTELLIGENCE.—Feb. 11.

COURT OF QUEEN'S BENCH.

(Sittings at Nisi Prius at Westminster, before Lord Chief
Justice Campbell and a Special Jury.)

LIEUTENANT.COLONFL DICKSON V. THE •
EARL OF
WILTON-LIBEL. •

The trial of this case was resumed at the sitting of the
Court to-day, when Col. Dickson's cross-examination was
continued by the Attorney-General.
Mr. James, counsel for the plaintiff, said he would have
no objection to the different vouchers or receipts of the men
who got compensation for the injuries they suffered at Ore-
memo being referred for the examination and report of any
gentleman the Attorney-General might name.
Lord Campbell said the case was one which ought to be
sifted to the very bottom, and ho thought that which Mr.
James suggested was the best course to adopt.
The Attorney-General said he would name some gentle-
Man:
Cross-examination continued—l know that Mendham
received £lO, and I think, as he was the worst wounded in
the regiment, he got £2, £3, or it may be £5 extra compen-
sation. In. the account rendered by me I charged £l5 paid
to that man in four different payments—£2, £3, £5, and £5,
but the vouchers are three in number—one for £lO and two
for £5. I cannot explain further than that probably one of
the £.5 was included in the £lO, and therefore a mere dupli-
cate. The moneys given to the men were sometimes handed
to their wives, sometimes to themselves, and sometimes to
their officers. The receipts were mostly drawn by the men
themselves, but often by their corporals. I have myself,
when I had £1 or £2 in my pocket, given it to men, and taken
no receipt, and I have no doubt I havedisbursed more money
than I charged in myaccount. At the end of Feb., 1857,
I had between £2OO and £3OO belonging to the regiment in
my possession. I did not keep it separatelyt but kept it
with my private money at my bankers' and agents', and 1
depended on the vouchers I hail for ascertaining the state
of the regimental accounts. In April, 1857, when I was
threatened by
.Messrs. Hodge.and Lowman with an action,
I. gave a promissory note at six months instead of the money,
because I did not like to touch Lord Wilton's money, he
having' on a former occasion told me not to do so, as he ex-
pected to get subscriptions to meet Messrs. Sharpus'saccount.
I scarcely ever saw a mess meeting in azegunent for exa-
mining the accounts of the mess. The usage of the service,
according to my experience, does not require such a meeting.
It is not the custom to have constant mess meetings. Col.
North was in correspondence with Lord Wilton as well as
myself. Up to the time of the inquiry Col. North was my
friend, but through Lord Wilton's influence he held aloof
and seemed to take his lordship's side.. I wish to state pub-
licly that what Col. North stated before the commission of
inquiry was entirely untrue. The confusion and irregula-
rity in the mess accounts were not owing to there having
been no mess meetings. Capt. Dickson's accounts, espe-
cially his wine account, were most irregular. It is the duty
of the commanding officer and the president of the mess to
see that the accounts are properly kept and discharged. I
think I was not applied to to hold a mess meeting. I never
refused to call such a meeting. Major Walker was the only
officer who suggested that there should be a mess meeting,
and I said it would be held after Capt. Dickson's three
months had expired. Only one !nem meeting was held, and

iat was in January.

It is the_duty of the lieutenan,

colonel to call mess meetings. I was anxious, and I did
call a mess meeting. There was a meeting at Bethnal-
green to choose the patterns of glass and crockery for the
regimental mess. It was not a meeting called for that pur-
pose, but one to receive Lord Wilton, who had intimated
his intention that day to come down and look at the regi-
ment. There were 25 or 30 officers present, and the
full complement of the regiment was only 37. Sharpus's
man arrived with patterns either before or at the
moment of his lordship's arrival, and I presume, perhaps
wrongly, that he had seen Lord Wilton on the subject.
We desired to establish a mess the same as the other Tower
Hamlets regiment had done whilst in training. Sharpus'
man said he had supplied their mess with the articles neces-
sary. Lord Wilton chose the pattern of plates for the dinner
service, and all the other officers deferred to his lordship's
selection. I think there was a conditional order given to
Sharpus for the goods on that occasion by Lord Wilton, and
the goods were sent to Woolwich when the mess was com-
menced. I had never myself seen Sharpus's mart before
that day, and I had never previously any communication
with that firm. When the ordinary contributions of the
officers and the allowance of the Government are insufficient
it is usual for the officers to subscribe the deficiency, and by
Lord Wilton's order I applied to them in this instance to do
so. There were four entertainments given by the regiment,
which cost £152. The first was to General Pierrepoint,
when he came to inspect the regiment. I proposed it my-
self to the officers, and they never dissented. It was an un-
derstood thing. It cost £3O odd. According to the usage
of the service, it was perfectly right to pay this out of the
regimental mess funds, and not by the subscriptions of the
officers. The next entertainment was on the presentation
of colours by the daughter of the Earl of Wilton. There
were 80 or 100 guests. It was a luncheon, and cost £69.
The officers stood round after parade and discussed the
matter. Some of the officers were for having a dance after
the ceremexy. It was proper to pay the expense, with the
consent of the officers, out of the mess !funds. The third
entertainment was given to Colonel North on his retire-
ment. It was proposed by some of the officers, and I was
happy to agree to it. It was decided to give it at the Tra-
falgar, at Greenwich. There was another entertainment to
General Pierrepoint.
Did you ever say to any officer of the regiment, "I have
a little bird which tells me all that is said in the mess-
room, and I know a way to get rid of officers without a court-
martial ? "

Witness--No ; but there were some young officers who
misconducted themselves, and I told themthat courts-mar-
tial were not the fashion in militia regiments but that if I
reported them to Lord Wilton they would lie removed at
once.
Do you call Major Walker a young officer ?
Witness—No; I am aware that it was Major Walker
who stated before the board of inquiry about the little bird.
I denied it then, and I deny it now. All I said was that I
should have an eye to see that there was no gambling going
on in the regiment. That was what Major Walker disliked,
because he gambled with the young officers, as I have
found out since, and can prove it. (Sensation). This was
twisted and turned into the saying, "A little bird," but I
never made use of such an expression.
This closed the cross -examination.
Re-examined by Mr. Hl'Vekins—l have been 33 years in
the army. Tho officers of the Tower Hamlets Militia regi-
.
ment were far from efficient. Not one of them had served
in the army except myself and Col. North. The adjutant
had been in the army. There was no dissentient among
the officers to paying the cost of the entertainment at Wool-
wich out of the mess funds. I settled the speech which
Lord Wilton delivered on the presentation of the colours,
or, at all events, told him what I would say. (Laughter.)
Mr. Hawkins—Do you remember, when he proposed
your .health, that ho bore his "warmest testimony to your
talent-, efficiency, and untiring zeal ?"
Witness—Yes.
Lord Campbell—Did you write that speech too ? (Laugh-

ter.)
Witness—No, not that one.
Mr. Thomas Slingsby Duncombe, M.P.; examined by
Mr. James—l have known Col. Dickson twelve or fifteen
years. I remember his calling on me in July last in refer-
ence to a threat to dismiss him from the army without in-
quiry. I thought it right, in consequence, to put a ques-
tion to the Secretary of State for War in the House of Com-
mons.

Mr. Duncombe then read the question.
Lord Campbell—When I was in the House of Commons,
Mr. Duncombe, that would have been called a reasoning
motion.

Mr. Duncombe—But if the house liked it there was no
harm in it. (Laughter.)
Examination continued—After I had given the notice of
the question, and before I put it, I received a note from
Lord Wilton asking to see me. I answered by his messen-
ger that I was very much engaged that day (Friday, 16th
of July), and requested him to call the next day, which he
did. He said he called upon me in consequence of my
notice, and that he wished to explain to me matters con-
nected with that question. I stated that I had seen Colonel
Dickson, who had been with me a few days before, com-
plaining to me that he was to be unjustly removed by the
War-office in consequence of representations that he (Lord
Wilton) had made to Lord Combermere ; that he was most
anxious to have an inquiry or a court -martial before such
dismissal took place, and requested me, if I had no objection,
to put a question to General Peel on the subject. I said,
" What's your case P" or " What's your grievance ?" He
then produced several papers, and among others
the charges which Lord Wilton forwarded to Lord
Combermere on which a regimental board had
sat. I said I had gone through the, papers with Col. Dick-
son, and that Col. Dickson's explanations of those charges
were perfectly satisfactory, and that I thought he (Lord
Wilton) had no case whatever against Col. Dickson ; that
Col. Dickson had told me that the report of this regimental
board was founded, some of it in spite ; and that the presi-
dent, who had only been a short time in the regiment—Major
Walker—was very anxious, of course, to get into Colonel
Dickson's shoes by making an unfavourable report ; that
the object of the other two parties who constituted this court,
to whom he objected, were accounting parties ; and that they
would have been much better employed in settling their
own accounts instead of perverting his. On which Lord
Wilton said, " But you don't know all. Independently of
Dickson having received and retained the regimental funds,
I have had to pay £5BO for some part of the kit s;of the regi-
ment." " Well, I said, "perhaps that is some part of the
honour of being colonel of the Tower Hamlets Militia Regi-
ment." (Laughter.) Lord Wilton said, " But that is not
all, I have been sued for this £580." I said, " Well, that
is still more disagreeable." Then he said, "Here comes
the worst of all, I have been sued at the instigation
of Colonel Dickson." I said, " Well, that is very
bad, but I hope it is net true." Lord Wilton said, " Yes,
it is perfectly true, for Sharpus' people told me so, and
Sharpus' lawyer had told my lawyer so." I said, " If that
is so, I consider it most blackguard conduct on the part of
Col. Dickson," in which Lord Wilton concurred. He said,
" I do assure you that if I wanted to take the regiment out
to-morrow not two officers would go out with me to serve
under Col. Dickson." I said I should of course communi-
cate all ho had said to Col. Dickson, and call upon him for
an explanation, and that if this turned out to be true I
should have nothing to do with Col. Dickson's case, and
not put the question to Gen. Peel. I said I could not at
all understand what it all meant, for Col. Dickson had told
me that he and Lord Wilton were on the best terms of
friendship, and that he had received heaps of letters from
him, thanking him for the way in which he had managed
the regiment in his absence, and that his lordship was so
pleased with his conduct that he offered to get the Queen
to knight him. Lord Wilton said that was perfectly true.
In short, I told Lord Wilton that Col. Dickson was the
only efficient officer in his regiment, and the only man who
knew his business. (Laughter.) I was in the Coldstream
Guards myself nine years.
,I immediately sent for Colonel
Dickson, and informed him what had passed between me
and Lord Wilton. I was so satisfied with his statement, in
reply, that I put the question to Gen. Peel on the following
Monday. I called on Gen. Peel.
Cross-examined by the Attorney-General--I have been
on terms of intimacy with the Earl of Wilton many years,
and enjoyed his confidence. I showed Gen. Peel. the form
of notice I intended to give, and I said I really thought
Lord Wilton so wrong in the whole affair that the thing
should go on. When Lord Wilton was with me I told him
that the affair was so absurd in the beginning that I thought
they had better shake hands and so let the matter end. I
might have said to General reel that it was a pity two old

friends should quarrel, and that if I saw Lord Wilton I
might make peace between them. When I saw Lord Wilton
there was very little talk before we came to the business of
Dickson, but a good deal after. We talked about racing—
(laughter)—and homoeopathy. (Loud laughter.)
Lord Campbell—And perhaps about the Reform Bill ?
Mr. Duncombe—No ; but I was a great invalid on that
day, and he was kind enough to recommend me homoeo-
pathy.
The Attorney-General--And I hope you benefitei by his
advice ?
Mr. Duncombe—He told me that upon that system he
treated his horses and dogs. (Loud laughter.)
Examination continued—He said that things had gone
too far to make up the quarrel and shake hands.
Re-examined—l am as certain as I am standing here that
I intimated my intention to repeat the conversation to Col.
Dickson. I had the pleasure of Lord Wilton's company for
more than an hour. When I spoke to Gen. Peel of my in-
tention to put the question, he seemed ignorant of having
signed the letter of the 30th of ,Tune to Lord Wilton, to the
effect that if Col. Dickson did not resign he should be re-
moved, and Gen. Peel's answer to my question in the House
of Commons was in direct contradiction of that letter. In
the letter was the expression that he felt it his duty to take
thatn
th e
answer
a v
erf tiear the inquiry
the
House
of by
Commons t regimentalhe
said bhoear d,and
was
net
satisfied with that inquiry, and promised to have further
and fresh inquiry.
Mr. Cullum, of the firm of Sharpus and Co., said goods
to the amount of £579 were supplied by them to the Tower
Hamlets Militia Regiment. In June, 1857, witness applied
to the Earl of Wilton for the money. Before then he (wit-
ness) saw Col. Dickson several times on the subject. The
colonel never instigated them to sue the Earl of Wilton.
They placed the account in the hands of their solicitors to
recover the money from his lordship. Witness, nor any
from the firm, never saw the earl. His lordship ultimately
paid the debt and costs. The firm brought separate actions
for-the money against Colonel Dickson, Captain Dickson,
and Major Walker.
Mr. Samuel Scott, traveller for the same firm, deposed to
seeing the Earl of Wilton at Bethnal-green, and to his
selecting a. pattern for the dinner and breakfast service for
the mess. He said the officers wished to get the services at
as moderate a price as they could, as they did not know how
long the regiment was to be embodied. The china he
selected was supplied to the regiment. Witness never re-
ceived any order from Col. Dickson without consulting his
brother officers in his presence. He never gave a single
order for any article on his own responsibility. The kit
supplied to the regiment was a very moderate one.
Mr. Wainwright, solicitor for Messrs. Sharpus, stated that
Col. Dickson had never instigated him in any way to brink
the action against the Earl of Wilton.
Col. Harvey, who had been 32 years in the army, and
commanded the 95th, said—Generally the meeting for exa-
mining regimental accounts consisted of the commander of
the regiment, the paymaster, and the members of the mess
committee. Such entertainments as those given by the
Tower Hamlets Militia Regiment would properly,come ou
of the mess funds.

Cross-examined—Mess meetings for accounts are held in
some regiments every three mOnths,-and in others rarely or
not at all. Not an officer out of ten understands the mess
accounts when they are submitted to them. (Laughter.)
Col. James said there was no prescribed rule in the army
for holding mess meetings for accounts. Sometimes they
were held every six months, or only once in twelve months.
The witness generally confirmed the evidence of Colonel
Harvey.
Captain Noble, an officer of the regiment in question,
said as soon as it was said the Earl of Wilton had selected
a pattern for the crockery, the officers at once approved of
it as a matter of course.
This was the case for the plaintiff.
The Attorney-General submitted that the two letters
complained of as libels were privileged communications.
Lord Campbell—lf those letters were sent bona fide by
the Earl of Wilton, believing that the contents were true,
I think they must be treated as privileged communications.
But I am of opinion that there is evidence to go to the
jury.
The Attorney-General then addressed the jury at con-
siderable length on behalf of the Earl of Wilton, who, he
said, was now charged, for the first time in his life, with
publishing a malicious libel. Ho assured the jury that his
lordship, throughout this most painful and perplexing trans-
action, had been actuated by the most friendly and kindly
feelings- towards Lieut.-Colonel Dickson, and that his
conduct had been that of an upright and honourable English
nobleman and gentleman. The real and great question for
their determination in the case was, whether the Earl of
Wilton had or had not acted in this affair otherwise than
with the most perfect good faith and sincerity. With regard
to the practice of the army in respect to mess accounts and
mess affairs, he would call Viscount Comberrnere, who had
seen brilliant services in the Peninsula, at Waterloo and
in India, and who, since the death of the great Duice of
Wellington, was the one man living connected with the
army who had the longest and greatest experience. He
should also call Colonel North and the Earl of Wilton.
The learned counsel then entered into the details of the case.
On the conclusion of the learned gentleman's address
Major Walker was called and examined. In the course of
his evidence he denied that he had ever played with the
young officers at 100, except for very trifling sums.
The trial was still proceeding when the court rose at a
late hour.

ELECTION INTELLIGENCE.

DUBLIN UNIVERSITY.

• DUBLIN, FRIDAY EVENING.
. The Attorney-General was elected to-day as the successor
of Mr. George Alexander Hamilton without opposition.
The right hon. gentleman was proposed by the Rev. Dr.
Lloyd, one of the senior Fellows, and seconded by the Rev.
Dr. Mortimer 0. Sullivan. Mr. Whiteside's speech was
unusually brief ; ho did not speak for more than three-
quarters of an hour, and scarcely glanced at any of the
great questions of the day.