The Sun.
London, England, 1810-10-06 00:00:00

measure. wYnca trap( oe avoided by a contrary,
.1
procedurethe.witness that Colonel GrAana
,hild certainly •so exp;•essied hi risell to him ; and'
wither, that 4p,(Colonel'Graham) already had coin-
muoicated;rhe Circumstance to an officer at. Brigh,-
ten, (Lieutelratir Colonel Whatley, of the Sow h
GloucesterUilitia), whom Colonel Graham had
given him (3,1 r. 411inan) to understand, officiated
for the General of the'Distria, the General at that
lime being absent, and who had said that he,Shouli
communicate the -affair to the General as soon as
he re!urnett. It also appeared, that Colonel Gra-•
,barn had proposed to -him to re ter the business'
in respect to his son, to Lord 'Chichester, which
proposal he bad rejected,•in consequence of It is•Lord7
ship having previously expre.std an• opinion that his
son would be wrong-, if he did not join his regiment.
The witness also declared, that after the variety of
remarks. thit his son's ciiiiduM had git en rise to,
he felt that it would `be more-vindicatory
,of his
honour to. submit The whole the investigation of a•
Court-Martial, in. preference to any reference wlet-
ev er. .
Lieutenant Weir was then' called, :who deposed
that he met Captain Ellman on the 17th of Septem-
ber, at Lewes ;- that he asked him if he intended to
joiti his regiment at Brighton, when he answered
that lie should not, unless Colonel Graham sent a
file men alter him, which he understood he meant
to do, when of course he should. join.
. Samuel
,Gwynn, Esq., was them called, but the
Court was cleared of strangers upon.the first ques-
tion ; and when they, were re-admitted, • we. under.[
stood that Mr. Gwynn's evidence would bq trielevant
to
,the specific charge, which only recognized
the prisoner as holding a Captain's Commission ;
and Mr—Gwynn therefore was dismissed,—Here
closed the evidence for the prosecution.

The prisoner now commenced his defence. • :liis
opening address, which was of considerahie-lengih,
ht read, and which appeared to have its due'etfeet
upon the Court. Upon the first-charge he de-
fended himself by stating, that the mandate of the
Lord Lieutenant did not apply to him, in respect to
the mustering of the hattalion, as that was merely
addressed to the Noti-cominiSsioned Officers, Syr--
jeants, &c. and the men enrolled ; his principal
efforts were therefore direEted to weaken the torce of
the second. charge. He
.had been balloted to set Yr
in the Perensey battalion originally, he admitted,'
and that his father, to prove his zeal for so useful a
branch of the service, had adviSed him to serve in a
subordinase capacity; .that ,he had, however, paid
the fine, and subsequently accepted a Commission
in the centre battalion, when the fine he had- paid,
contrary to his desire, had been returned „that he
subsequently obtained a CapiainisCominission,w hich
Commission, however, he had only beenlappri zed of
since the corps had been embo,:ied in the present
instance ; that on finding the corps was not to be
'mustered at Lewes, as heretotore; without feeling
a wish to retire from the service, he sel;cited to ex-.
change into the Pevensey battalion 'only, which
had been denied ; and the. letter (which he read)
that he had received from. Colonel Graham, 'in ati-
awer to one of his on the subject, had rendered it
impossible for him, without betraying a want of
spirit, any, longer to serve under that Officer; that
he tendered his resignation in consequence, and
•if he had pretnaturely acted upon his resigna-
tion so tendered, he trusted the Court would at-
tribute it to his inexperience in military ceremony,
rather than to any other circumstance.
The folloWing witnesses were called on the de-,
fe nee

Colonel Thomas, who deposed that an applica-
tion had been made to him by the privoner's lather,.
on the subjed of Captain Ettman's reinoval-to the
Pevensey battalion ; that. be afterwards communi-
cated the application to the Earl of Chichester, and
ColOnel Giattatu.

Lord. Chichester was then called, who confirmed
what Col. Thomas had said, but observed thit he
had said Capt. Ellaan had first to get his resigna-
tion accepted, and' then, and not till then, could he
obtain the removal he desired.

Mr. Ellman, senior, and Sir David \Vedder-
burne were severally called to give evidence on
behaof the prisoner, but the Conit did not ap-
prove of the questions intersded to be. put to them,.
and they were dismissed without being, heard.
Lieutenant-Colonel
.Cripps, and. Major IngraM,
both spoke to the exemplary condud of the pri over
while under their cominand last year; when the de-
fence was closed, and the Court adjourned till to-
morrow.

AS soon as the Court-Martial was over, the cere-
mony. of the preseptation and consecration .of the
colours of the centre battalion of the Sussex Local
Militia took place on the level, to a crowded assem-
blage of spettaturs. The battalion is to be revieW-
ed by ,General.Hotistoun to-morrow.
BRIGHTON, 'OCT, 4.--The Court-Martial at the
Castle, for the trial of Capt. Ellman, of the centre
Sussex Local Militia, was re-opened at twelve
o'clock this day. The prisoner closed his defence
yesterday ; combing therefore remained to be heard,
but the concluding reply of Colonel Graham, which
he read. He dwelt with some warmth upon that
part of the defence wherein the prisoner stated that
he had been induced to tender his resignation, in
consequence of the letter that bad been sent to him
on the subjeet of his solicited exchange into the. Pe-
vensey battalion, the language in which it was
couched having been so. much disapproved; where-
as thp Colonel asserted that he had finally decided
upon what conduct to adopt, prior to his having
received that letter, which hejaid was proved, by
his previous application for a removal to the Earl of
Chichesier. . .

The defence generally, the Colonel observed, was
unsupported by evidence, and which therefore- re-
quired no refutation from him, ,as. the Court would
decide trom the evidence betbre them,. though a few
coptradictionsbetween some parts :of the evidence
and the defence he pointed out. At the time that
Capt. Ellman's tender of resignation was, made he
said, several Officers -in the battalion had situilarly
addressed him ; the compliance with their wishes at
a time so unseasonable as when the regiment. was
about
,to be called out; would have tended to the