TUE CARDIGAN COURT-MARTIAL.

The Court-martial at Brighton, on Captain Richard Anthony Rey- nolds, reasembled on Tuesday, for the purpose of hearing Captain Rey- nolds's defence. He, however, requested further time ; and the Court adjourned till Thursday. On that day he opened his defence. Cap- tain Reynolds commenced by denying, upon his honour, that he had been a party, either directly or indirectly, to any publication respecting the late affairs in the regimeut. He laid the main stress of his defence on the manner in which Lord Cardigan had treated his first letter ; and he urged the necessity of inquiry into the previous insulting treatment he had experienced from his Lordship-

" I am advised by my counsel," he sail, " that this evidence is admissible, 17pon the whole evidence as given, each inember of the Court is to determine tty.3 w:ietiler I am guilty or mil of thc a:::!,::cv,Indly, guilty, the amount of the punishment. In the first place, as I shall show, the second letter was writtiin wider irritating conduct on the part of Lord Cardi- gan : it is obvious that the degree of irritation materially affects the degree of my offence, if I am goilty of any ; and it follows that provoking and offen- sive conduct on this occasion is to be measured and judged of by Lord Cardi- gates conduct on other and former occasions. In that view, such evidence it material in awarding the soma= of punishment, if punishment is to be awarded ; but this is also evidence, it is submitted, as affecting may guilt or in- nocence of the charge itself. The true mode of testing. whether slit+ evidence adm'ssible or not, is to put an extreme case. Supposing that Lord Cardigan cad been in the habit of treating. my services in India with reproach; that ould show a series of haughty, vindictive, offensive, and irritating conduct on the part of Lord Cardigan : I do submit, that this is material evidence to be connected with his conduct in the particular transaction, and to prove the motives which actuated him in that line of conduct."

Captain Reynolds proceeded to state and comment on, the circum- stances connected with the charge-

" After having served in India, without reproach' for ten or twelve years, I returned with my regiment to England in the year 1838. Lord Cardigan had succeeded to the command of the regiment about three months before its de- parture from bulia. From that time, with the exception of a few months on hall-pay, I have served under his (leen-land. I returned in the middle of' the month of August to the head-quarters of the regiment, at Brighton, from an out-quarter at Chichester. On Wednesday- the etith, I heard with indignation and surprise, that a report was circulated in Brighton, that Lord Cardigan, at a private party at hi!s own house, had said that, as long as he lived, neither I nor Captant John IN illicons Reynolds should ever enter his house.' I trust that I then felt as every gentleman and every man of honour would feel upon such an occasion : I felt that such report, uncontradicted, was ealcalated to rob ine of my good name, and that it would injure me in my station in society."

He submitted, that the letter be first sent under these circumstances, begging Lord Cardigan to permit him to deny the report, was unobjec- tionable. Iltel Lord Cardigan then denied the correctness of the re- port, as he had etnee done, nothing further would have ensued-

: " My case is this I, the senior Captain of the regiment, respectfully solicited denial from Lord Cardigan us!' is report affecting my character. Ile now says, Slur report was untrue. He could, but would not deny it. In effect, he says, , ; lout I will not do no act of this commonest justice to an Aker of on- topuochable character under iffy command. This is Lord Cardigan's own ease. I know of no principle or rule of the sairyiee which prevented my writing, or Lord Cardigan answering this letter. Such a rule would be repugnant to ev,iry ft:cling of jledice, and would be destructive of this honour rind inilepend- "'cc of the officer,' or the army." " It is a gratification to me that am relieved from the necessity of calling bethre you the young Indy with whom Lord Cardigan held the cooversation. I did not eltargo Lord Cardigan with having used the words ! stated, and shall prove, that such a report waft in circulation. The strength 01' my case, and my justification fie, writing the seemill letter, COHHISt3 iii ',Orli Cardigan never haring Waal 1hr c'ords, and con- t.inpttiondy refusing to do me the commonest justice in the world, when the rrgr,rt vooi respeethilly brought to his notice. It seems, however, doubtful opon the evidence, shut hour lord Cardigan used the words sir not, list does not its his evidence ;5.5ve :in unqualified deidal thereof', but says that,' to the hest of his reeolleetbm he did not use " A for alludirie limo: particularly to the circumstances which followed the sendiog sil' the first letter, the interview on parade, and the peremp- tory order to coldilie himself to ollieial communications, Captain Reynolds said- • al then considered, and do consider, and always shall consider, that Lord i

'Cariliaan's conduct to me n this matter was most arbitrary and tyranninitl. Under' these feelings I wrote the second h.tter. Much is due to subordination on the part of an inferior to a superior officer; hut there are extreme cases, aben submission ceases to be a duty. If my superior officer attempts to stab me, am I to submit, or to raise my hand to disarm him ? If my superior secretly attempts to stab me in that which is dearer than my life, am I not j

ustified in disarming him by expressing, in a strong and fbrcible manlier, the opinion I entertain of such conduct, provided I do so at a time and in a manner not to excite other officers or men to acts of insubordination ? And now, 1 Leg the Court to carry on their minds throughout this case, that on parade, ma when put in arrest by the Adjntant, I i,:ver u.ttered an expression, or in any way acted improperly or offensively towards Lord Cardigan." Captain Reynolds said he should be able to call several officers who served with him in India, in the Eleventh Hussars; who would prove that he had always been an attentive and active oilier, subordinate and respectful to his superiors, on excellent terms with those of equal or junior rank in the regiment ; and that until Lord Cardigan became the commander of the regiment, the greatest harmony existed between the commanding-officer and the officers at large. In conclusion he said- " Scan not my letter too closely—that was the offspring of excited feelituts; but look carefully at the conduct of Lord Cardigan—for that, accordi 1:g to his own statement, was the result of reflection. The Army looks with Intense anxiety—the public also take a lively interest in your proceediogs ; for they watch over the conduct and character of those who have beets their defenders 11,„rtainst fisre4,m nogression, and their protectors in times of civil consolation. loan- And they will look with a vigilant eye to the result of this case; for all kind are united on one paint—in the horror or oppression. Up to this time, whatever annoyance I had suffered at the hands of Lord Cardigan, I had borne from a sense or duty ; but when his oppressive conduct vas puslie.I to the ex- treme, my patience was exhausted—goy feelings overcome. And I hope, liv your verdict of • Not Guilty,' you will prove to Lord Cardigan, that wealth and milk do not license him, although the commanding-efficer'of a regiment, to trample with impunity upon honourable mon, who have devoted. thew lives to the service of our country."

At the conclusion of Captain Reynol.ls's speech. the court rang with acclamations for several moments : they could not be suppressed until the President ordered the court to be cleare.d.

The first witness examined was Lieutenant Cunningham, of the Eleventh Hussars; who had communicated to Captain Reynolds the report of what Lord. Cardigan had. said to the lady at the party. His evidence on this point was- " When I was with the band, a young, lady asked me if I heard any conver- sation at the Earl of Cardigan's party the Wel» before ? .1 said 6 No ;' and I naturally asked what it was. She said she b.el heard a lady ask Lord Cardigan why the Captains Reynolds were not at his house; that she asked hint twice; when he replied, • They shall never enter my house as long as they live.'" In the cross-examination of this witness by Lord Cardigan, it was endeavoured to be shown, that when Captain Reynolds first heard the report, he treated it lightly, and laughel. It appeared, also, that Lieu- tenant Cantlingliam had been indu l luv Major Jenkins, at the iasti- gation of Lord Cardigan, to state in writ clig the substance of a private conversation 'with the nIajor on this s;;Isject. The paper was tendered as evidence ; and, after being objected to by Captain Reynolds, the Court decided that it should be read. It was as follows- " I was sitting in my room with Mr. Lewls, the day after Lord Cardizatt's on Wednesday the tVith of August. wiLit P.

The conversation turned upon Lot d C!rdi',.an;'lie is not very fond of you; for when at the hand in :?.■,:ex 8;1ti: re, a young lady nunle an observation to me, ' What a very curious woman :%1I'A. Cunningham is I asked, ' Why?' She then said, I heard Mrs. Cunningham ask Lord Car- digan, several times, why the Captains heynoins were not at his party : Lord Cardigan gave her no answer for some time ; at last he replied, that they should not come to his house as long as they lived."Ille young lady then said she thought Mrs. Cunningham must have known that he was not on terms with them. This conversation occurred about six in the afternoon ; when Captain Reynolds made no remark, butt langhed. On the following day, he Caine into my room when Mr. Lewis wa.; pre:A.1a. and said he must take !Mike of what I said the day bethre. He told me he should write to Lord Caraigaa that day. I merely mentioned this in the course of conversation ; not s ip- ptbing it would go any further, as Captain lit:,ynolas, when I mentioned the matter. did not appear to consider the observation offensive.

(Stened) "JOHN CU NNIN.:!IAM. Lieutenant Prince Albsrt's Hussars. " Brighton Barracks, Cid September lsmd" The next witness examined was Major Cooper ; who spoke of the high character of Captain Reynolds in the reai mem. This witness said he hal been twenty-one years in the Eleventh Ilusars. during eighteen months of which time he had served under Lord Cardipti.

A question was put in by Capaiiit Reynolds, ri•specting which the Cottrt wished to deliberate ; anti the public were therefore excluded for some time. The following decision of the Court was then read to Captain Reynolds- " The Court having fully considered the question put by you, are of opinion that it is inadmissible, and they theretbre r,:ject it. The Court at the same time wish to convey to you their kle,irt'. lila: in putting your questions you tsihleoutine yourself to the eireunistan..es upon which this charge is founded : Ibr they do not leel themselves authorized, itind•r the Royal warrant, to perinit taly departure from this rule."

In the subsequent part of ?I:13ov Ceott el.'s examination, he was not permitted to mention particular eircomstanees which showed the emu-

diatom- disposition of the accused. eirainnstanees were consi- dered to be extraneous; and the Court :1c:ermined 1,1 limit the inquiry to the record. The question, it was said, mast be i.ostponed, as it re- lated to character.

At the sitting of the Court on Friday, 3 fajor Cooaer aad Lieutenant Cunningham were reealleta and agaiti c Xiitt iii cl. t iera! questions were rejected by the Court, as not bearitia on the hurt eh taw. Captain John Willimus Reynolds was examined. lie said that w hen Captain R. A. Reynolds mentioned the (dreamt:Lowe of the report to him. he appeared to feel the strongest indignatioa. This witness, in answer to hit cross-examination hy lord Cardigan, stated that he has been five years in the service, and that his Captain's commission is dated the 1»th January last ; his age then being only twenty-three. The evidence relative to the charge having been coaclutled, Captain Reynolds proposed to call witnesses to character. The first called was Major Cooper. Behop he was ex:Intim:Id the President said:—

" Previous to tottering on the evidence as to char wter. I think it right to state that this Court ilit4 decided that Captain Reynolds must colitis,' himself Ill its production to his general character. But it there is any particular fact which the evidence may have witnessed of their OWII knowledge. and which redounds to the credit of the accused. thin' are at liberty to state it. The Court, however, will not let ni any testily-my, directly or indirectly, pri:judicial to the character of other individuals. Further, the witnesses most not cutter into the particulars of any quarrels or disputes, or give the names of any parties, or state any thing which is not within the rules of evidence."

The examination of the witness then proceeded ; but it was Soon stopped by the Court, as he was about to refer to some "offensive ex- pressions" used by Lord Cardigan to himself, and to state how Captain Reynolds had advised him to act under the circumstances. Another witness, Captain Forrest, was also preveeted font mentioning a ease in which the commanding-officer told him that what he said was "false." All the witnesses, who were offieers la the regiment, spoke in the highest terms of Captain Reynolds, ;IS an (aver mai ageetleman. Letters to the same effect were also produced from Lieutenant-Colonel Childers and Licatenant.Colonel Brunton. late Commanding-officers of the Eleventh Dragoons. The defence then closed; awl the Court ad- journed to this day.