Northern Times. — Liverpool, Merseyside, England, 1859-03-16 00:00:00

more sincere desire to unravel peacefully the 'existi ng .. diffic u lti es, and to prevent further conaplica ?kw, 'which are already the result. of want of Tresight and decision. The article proCeeds to chew that the m i strust of part of Germany springs tr _om reflecti ons unjust and painful to France, and 6.1104'S contempt f or t h e i ndependence of her policy. The existence of a great nation like France is not restricted to her frontiers, but manifests itself in the world at large by salutary acts. France uses her e n de avours for th e b ene fi t o f h er nat i ona l power an d t he advantage of civilisation. When a nation an re linquishes thi s character, she relinquishes her r a k. To con t est her right to this legitimate in 41,ence, would be t o m i s t a k e th e r i g ht s o f F rance. Vie E mperor understood h ow t o overcome a ll preju tees when he ascended the throne. What would ''" v e happened if, by acting otherwise, he had I:dejectd, through distrust, the servants of the former YnaslY; and if, instead of establishing the tran lubilylitryet Eredeeming, on a firmer footing, he had shaken at the price of European security _and independence, the recollections of 1814 and 1815 9 This, however, he has not done. The Era l!erc'r does not hold the whole of Germany respon sible for the errors and malevolence of certain manifestations which sprung rather from mere neresentmentot than fro m ser i ous f ears . Germany hasw thing to a n ti c i pate from us for her independence. R h„ sYmpathise with h er nationality. By Ib u ' ,ll ying hers e lf i mpar ti a l , s h e w ill s h ow h erse lf resighted, and will do better service to the n ea f tise of peace. Prussia understood this line NlieY when sh e un it e d h erse lf w ith E ng l an d, order t o promulgate wise councils at Vienna at a : e When all agitators were endeavouring to arouse oF passions to form a coalition among the States tu rn Ge rman Confederation against us. The atti °l Prussia i s cer t a i n ly more ad v a n tageous t o c ,.. „e rn ally than the excitement of those who, appeal t° the malice and prejudices of 1813, expose net,lllselves to the risk of irritating national feeling I t 0 . - ran ee. The French people are susceptible i t e i ld to its honour, but at the same time modera . t l e l arouse e mployment of its strength. If threats will ti oa. • ,it may nevertheless be pacified by concilia- Vi I , AUSTRIA. l'eeen-tr NA, March 11.—Large bodies of troops have Easter,. belie to this city from the Northern and to b ll Provinces of the empire and there is reason . that another army of , 50,000 men will, in B . few daTs be their way to Italy. • AND SARDINIA. e er of accidental collision be ni concentrated on the two a vAT a lit : tSc h xT e „reß t in w i o A'a a a r e c' ies fro m t t) li f t he river, which divides the Austrian e S ardinian soil, is pointed out y of Morning PoBt • an Austria y An Austrian soldier shot by one -14e gion, the Sardinian flag insulted by Ticinn an, two shots exchanged across the narrow wan - 1,; a nd the contest would. begin. How little is - " e " to kindle the spark which, if kindled, must alm ost necessarily set Europe in a blaze. Th e T • CHINA. li on , it uiles contains a summary of the news from V, - "-cal . g to January 29. Wet ' . Political affairs at Canton were becoming,more she, e , rl tPorts of tea, to date, were 36,000,000 lbs., ext r n g a decrease of 1,000,000 lbs. Prices were little elll 4. el Y high, and the stock still very light, with 41 0 4 ,1450 n ,ti a - na t : i i ii come '" 4 ° bales shewing an increase of 1,500 bales ; had: advanced 15 tales, and a moderate tia Was expected. e e , t he rate of Exchange at Hong Kong there had h ad ' a fractional rise, but at Shanghai the movement de e li - n favourable f or thi s c ountry, a further la s t t ile ° I . nearly 3 p er cen t. h av i ng t a k en pl ace , the T he de mand b e i ng at 6 s. 2d . acti ve. for imported goods was rather less I M P ERIAL, PARLIAINIENT. nousE. OF LORDS.—TUESDAY. • Their Lordships met at five o'clock. STADE DUES. p i e, T .. 11 Earl of Clarendon put a question to the Secretary for ,of 7 5 , t ign Affairs with reference to the termination of the treaty_ .0..bp50...;te: with Hanover relative to the Stade Dues. e er ved that a committee of the House of Commons having unanimously last session in favour of terminating that treaty, it was believed that notice had been given on d j!le 14th A -. l lgnst, but the Hanoverian Government asserte se the notic e was not then (riven ;• or if given, that the ieretary for Foreign Affairs': . when on attendance on her aieStY last year, had promised Count Platen, thg nano iiieerttn Minister, that it should be withdrawn. These con. : in._nice, statements had led to doubt and uncertainty, and tis itry to British interests, and he asked, therefore, whether ue,,,reaty Would terminate on the 14th August next. h e k to lT Earl of Mahnesbury said that on the 11th of August' tr eat Count Platen that notice of the termination of the ~ would be served on him in a few days ; that Count 0 0,,Tn begged that it might not be done ; but he (the Earl walsu-ainesbnry) stated that it must be given, and that it Was iiven accordingly on the 14th of August. That notice thereuillY, f ormally, and officially received by Hanover, and 110 hoped be no doubt _that it took effect. from that day. be r a Ped that by diplomatic means the Stade. Dues would . con i e 40 , and that the grievance under which British rijaeree laboured would'be removed. house adjourned at half-past five. _SE OF COMMON S.—TUESDAY. At th e • CHURCH RATES. rmornmg sitting,r:ehastoltrrur:oo.nritrelawney movd the second reading of the Church Ais Abolition Bill. :fftth,,raoved, as an amendment, the following That any amendment of the law relating to rug Rates, which should exempt persons from contribut fr me,.,,solne other place cf worship than the parish church, that° tilue payment of the rate ; at the same time he thought the e ll e machinery for the support of the fabric . of nlion 4i ire u of England, should be continued in operation coe s i d e members of her own community, is worthy of the viz% eration of this house." 'draw 1 1 . 6 ' seourt appealed to the hon. member to with the di ~i sf a m° ndinent. The present was an occasion in which rateshad q ue stion of th e a b o liti on or re tention of church Mr. to be tried. -elvart admitted the amendment to be at present b e ado adv i a t b e le A but hoped that some such arrangement would l‘lr.'o tri l' ffi st a future time. tt 13 'l,``4ll withdrew the amendment. o dill j ) „ . ' ° l 3 e then moved a second amendment," ” Th i a t t th at ▪ fr et , '„read a second time that day six months th -A'ue anti-Church State Association he contended t l+irl ) .4 'y for abolition arose. "Mr. eedes seconded the amendment. th e ta Osborne said that the compulsory char . acter of i ts es s z wa s an ecclesiastical encroachment, and illegal heti:nee. It was in its origin a purely voluntary pntr ° i f 41 3 - ( , I; „WhY should not Lord Derby' adopt the principle I tooli s C,'"en, which he had already recognised when he k r• a" the vestry cess in Ireland ? eolleius9 the declared that he had at last come to the Coul d :" that this festering disease in the body politic i n . o et be Cured, except by excision. It had been . an tie .7 at once to the church and to the whole community. h° gold b s uPPort the second reading or the bill, in the te ns ' sa t Some provision might be added for the main- of th M r c ; e church fabric in poor districts. " • Ilerbert said, that the total abolition of the rate fur one the substitution of an injustice on the churchmen t t . °lie on the Dissenter He felt that church rates in the ITT°sent form must go. 'He approved of the plan proposed h ir Eltont that the rate should be abolished, but that ti e conotry churchmen should be formed into a corpora tfon for the e vestryvote Until some such provision was made, he NI vote against the bill. Mr. 1. 6 Pa el ( e oPposed the bill, which was supported by ee nwood. . 1 4Cor T bad 4. • Manners p ro t este d aga i ns t an agitation whi c h 'eh ' et. its object th e exterm ination of the . established cilizre;l4laandd agai ns t t h e b ill as a gross injustice to the poor • Si r J. Turelawney replied. The abolition of Vestry Cess in Ireland had, he contended, preserved the Established Church in Ireland and the abolition of Church-rates would not • • • , njure it in England. t'he house divided by 242 to 168 , when the amendment was negatived The bill was then read a second time. EVENIN SITTING. It The hou se resumed at six o'clock, when an hon. member ' n ee moved th at i t be counted, there being only 34 I members present. The hr.1 , .-4 Lto',:i adjourned till to-morrow, beig e 'lne pt >tate,:. Of the k r r i°l j oy '2f l ot ~,c r 3 o il log t,l° its I t. 410 of MERSEY DOCKS AND HARBOUR WORKS BILL. THE PROPOSED BORROWING POWERS FOR EXTENSIONS AT LIVERPOOL. [FROM OUR OWN REPORTER .] HOUSE OF COMMONS, TUESDAY. The committee on this •bill assembled to-day at twelve o'clock ; the right hon. Sir George Cornewall Lewis in the chair. The other'members of the committee 'are--Viscount Emlyn, Sir W. Minto Farquhar, Mr. Smollet, and the hon. H. Brand. The bill was promoted by the Mersey Docks and Harbour Board. Mr. Hope Scott, Q.C., and Mr. Merewether, appeared in support of the bill. Petitions against the bill were presented from the Birken head Improvement Commissioners, the Great-Western Railway Company, the Birkenhead Railway Company, and the Corporation of Manchester. Mr. Sergeant Wrangham, Mr. Sergeant Bellasis; and Mr. Webster, appeared on behalf of the opponents of the bill. Mr. Hope Scott stated the case on behalfof the promoters of the bill. He said this was a bill brought by the Mersey Docks and Harbour Board, for powers to borrow a further sum of money . for works at Liverpool. The bill, after recit ing the provisions of previous acts of parliament, sets forth that the nicrea'sing trade of Liverpool required further dock accommodation on that side of the Mersey, and that in con sequence the dock board should be empowered to take up at interest any sum not exceeding £300,000, which under the Mersey Dock Act of 1858, they might apply for. When he told the committee that the entire cost of the docks on the Liverpool side of the Mersey, up to the present time, had been £10,000,000, they would, he thought, be of opinion that the sum now applied for was a very small sum indeed. After describing the amazing increase of the trade of the port of Liverpool, lie gave a lengthened history of the manner in which the docks had been managed, from the time when they were under the joint supervision of the Liverpool Town Council up to the acts of 1857 and 1858, which respectively consolidated both the Liverpool and Birkenhead docks, and finally vested them in the present board, under the name of the Mersey Docks and Harbour Board. The learned counsel next referred to the Act of Parliament passed in 1855, for the construction, on a large scale, of docks at the north end of the town. ' At the south end, the rising position of the land rendered it difficult to construct docks in that locality, and as there were canals, and other facilities for carrying on the commerce of the port at the north end, the increasing trade of the port induced the then deck trustees to obtain powers for the construction of docks at the north end. When this bill was first brought before Parliament, there was considerable opposition offered to it on the part of the Birkenhead authorities, and the railway interest connected with Birkenhead. It was stated that the condition of Birkenhead was owing to the continued opposition of Liverpool, and this being . brought before Parlia ment, the parliamentary committee of that day decided that it was desirable that there should be an end put to this rivalry between the two places, and hence the consolidation of the docks on the two sides of the Mersey. The learned: counsel then at very considerable length went into the westion of dock accommodation at Liverpool, and the various acts of parliament ; and adverting to the present opposition, he said that they now found Liverpool develop ing itself to an enormous extent on all sides, with increased, dock accommodation undoubtedly required, and yet they found the Birkenhead people still in opposition to the rais ing of money for such extensions, and the Birkenhead rail way interests taking part in such opposition. Notwith standing that every effort was being made to finish the Birkenhead docks within the period fixed by parliament, and not withstanding that enormous sums of money 'were being expended on the Birkenhead works with that Object, they still found the Birkenhead people accusing the board of checking Birkenhead for the purpose of extending works at Liverpool ; and while endeavouring still further to force on the works at Birkenhead, upon which such large amounts were being expended, they grudged the small expenditure at Liverpool asked for by the present bill. The opponents of the present bill urged, indeed, that, by all artificial stimulants, the Birkenhead works were to be pushed forward - that they should be completed At once, to the ex clusion of any extensions at Liverpool, and that Birkenhead should, without any delay, have the means of permanentiv impeding . the trade on the Liverpool side of the Mersey. It was in this spirit that an opposition had been raised against the present application to raise even so small a sum. as £300,000, for the extension of the works at the Liverpool side. He hardly knew how to characterise such an opposition as this. Whether there. was an entire distrust of the Liverpool people, or whether there was a fear that the Birkenhead works would not be com pleted within two years, he knew not, but he was astonished to find that since the year 1855 Birkenhead had all the legislation that could be given to it, and had obtained powers for the, expenditure of large sums of money in dock works, there should now be such an opposition to the expenditure of so small a sum of money hn the Liverpool side. The learned counsel denied, as alleged by the opponents of the ,bill, that there had been a breach of faith on the part of the promoters of the bill, and that they were precluded from spending even a shilling on the Liverpool side until the Birkenhead works should be completed. Referring again to the opposition, more especially of the Bir kenhead Improvement Commissioner of which Mr. Laird was the head, he remarried that Mr. Laird's establishments were at Birkenhead. Mr. Laird was a very influential man on the Birkenhead side. He was the chairman of the Birken head Commissioners, and something more than their chairman—he was the life and soul of body. In con tinuation, the learned counsel drew attention to the report Of the Board of Trade on this bill, which recommended that before granting. any extensive powers for new works at Liverpool, the Mersey Board should come before Parliament with other plans. He urged that the Board of Trade had been influenced by the Birkenhead Improvement Com missioners, and that the effect of their recommendation was to cripple the operations, and restrain the freedom of action of the Mersey Board. After shewing that the money now asked for was necessary for the purpose of carrying out the powers which the Mersey Board absolutely now possessed, under an existing act for the extensions at the north end of Liverpool, the learned counsel drew attention to the petition of the Great Western Company against the bill, the allega tions in which, that the proposed bill was in contravention of an existing act of parliamement, was entirely unfounded. The petition of the Birkenhead Railway Company was substantially the same. The petition of the Birkenhead Improvement Commissioners, of which Mr. Laird was chairman, that the board were apathetic in going forward with the works at Birkenhead, he should be able most com pletely to disprove, and he might name, in proof of the desire of the board to complete the Birkenhead docks in the most effectual nianner, that they might have constructed them according to the late Mr. Rendell's plans, involving an expenditure of £500,000, whilst, by the plans under which they were 'actually being constructed, the expen ditnre would not be less than £1,700,000. The learned counsel concluded an address of nearly two hours' duration, by designating the opposition as an unjust one, and that the charge of breach of faith he should be able entirely to disprove. —Leo , tt, .sprov, Mr. Charles Turner, chairman of the Mersey Docks Board, examined by Mr. Merewether : I have been chair man of the Dock Trust nearly eight years, having been elected in 1851. I was chairman under the old constitution. Since that time I have paid great attention to the affairs of the Dock Trust. The dock rates have nearly doubled them selves in a period of fifteen or sixteen years. I have no doubt the increase will go on in the same ratio, with the revival of trade. The total revenue last year was £511,864 13s. 4d., leaving a surplus, after paying expenses, of £52,077. The financial crisis had an effect on the receipts in 1858. At the end of 1857 the surplus was £102,200. The total revenue froiu dock and light dues •in 1858 was £374,558, and in 1857 £374,978. It is part of our business to receive representations from parties using the docks as to works and extensions. For this purpose the board is divided into sub-committees. On the 14th February we received a memorial from the Ship owners' Association that there was a pressing necessity for extended accommodation, and that we ought to apply to parliament. As regards the steam trade and the timber trade, there requires immediate increased accommodation. If the accommodation is not provided, there is danger of the removal of a portion of the steam trade to Southampton. The steam carrying trade has trebled itself within the last nine years, and doubled itself within three years. We have had frequent applications for special berths, which we have been obliged to refuse. The steam carrying trade cannot wait, like other vessels, for berths. They must have them at once, or else they lose their trade. We have great diffi culty in supplying them. We are doing all we can to complete the works at Birkenhead according to act of par liament. Our engineer is instructed to do everything that can be done to complete them, and keep faith with parlia ment. My belief is that the L 300,000 we now propose to raise will increase rather than diminish our credit. Keeping the docks on the Liverpool side in an efficient state, will, I am sure, be the most effectual node of increasing our credit, and enabling us the more readily to borrow money for the com pletion of the Birkenhead works. There are those who have not much confidence in the Birkenhead works, but I think that when they are completed there will be great advantages from them, and that they will produce a considerable re venue to the estate. .The trade on the Liverpool side most certainly requires increased works. Cross-examined by Mr. Webster : The total expenditure on laud and works on the Liverpool side of the Mersey since 1855, was £1,078,746. That expenditure was not bee T it he ex t2Z ., !T . o Authorisedbauyththoeri askse ~.authorised o b i y ia te a ,e c a t r o l f l 1855.4n0t g THE NORTHERN MIES, WEDNESDAY, MARCH 16 1859 think that the railway companies last year understood that th 7 e oo l o 6 o 6; ,n o a oo d. it was ;as fo r r ed ' u di e s v t d ii ,t ic o distinct works. We applied fi , r x 000. It was distinctly understood that the £266,000 was for the session alone: I remember the meeting of the railway companies last year; and the board. Ido not recollect that specific works were named upon which the £266,000 was to be expended. Din ing the last twelve months, up to the Ist of March this year, our expenditure at Birkenhead, including thepurchase of the north reserve, has been ,£408, 2 3 6 , and in addition ' to that we have paid £140,000 far works which had been constructed by the Liverpool Corporation, making altogether £548,000, Out of the £408,236 we have paid £127,000 for the purchase ofthe north reserve. At present we are employ ing 1,536 men, and 130 horses at Birkenhead, and we have contracted for 1,300 men additional, It is not possible for either you or me to say to what extent the opening of tho• Great Float at Birkenhead will relieve the Liverpool docks. I have no doubt it will relieve them to same extent., Mr. M`lver has said that when the Great Float is opened, he will take his steam fleet there, but he has at the same time stated, that he will not give up one inch of the space he now occupies at Liverpool, as he must come to Liverpool, he states, to load his vessels, though he may discharge them at Birken head. The area of the great float at Birkenhead is 150 acres. I believe the entire area of the Liverpool docks 'is about 200 acres. Some of the members of the board are strongly in favour of the Birkenhead side, and others are against it. Mr. Boult is one of the members of the board who has expressed himself against Birkenhead, but I do not agree with him, for I think, when completed, they will be of considerable advantage. Mr. Turner's examination had not closed when our parcel was despatched. LIVERPOOL STATIONS JUNCTION RAILWAY BILL. [PROM OUR OWN REPORTER.] HOUSE OF COMMONS, TUESDAY. The committee on this bill sat to-day, Mr. Ridley in the chair. Mr. Hope Scott, Q.C., and . Mr. Rodwell, Q.C., appeared in support of the bill. Petitions against the bill were presented by the St. Helen's Railway Company, the Great Northern Company, and the Toxteth-park Board of Guardians, but none of the parties were represented by counsel, the petitions having merely reference to clauses. Mr. Hope Scott, Q.C., in opening the proceedings, said this was a bill to enable the London and North-Western Company to construct a line of. railway, four miles and fifty-three chains in length, from their own station at Edge-hill, in Liverpool, to a point on the Warrington and Garston line, near Garston, at a cost of £150,000. The bill had also other objects in view, viz., to authorise arrangements with other companies, but all those provisions Would at present be struck out of the bill, which would be confined to the powers for constructing the proposed line of railway. The formation of a line of railway to fill up the gap between Garston and Liverpool had been more than once before Parliament, when the competing companies between Liverpool and Manchester were before a committee of the house, and when a line was respectively projected by the Great Northern and the Sheffield .Companies, and also by the St. Helen's Company. - This line, had it been sanctioned, would have terminated at the south end of Liverpool, going along the coast, and near to the south docks. Objections were raised to that line on the ground that it would materially interfere with the space in immediate contiguity with the existing docks at the south end; and, further, that it would also interfere with land which, at some future time, would in all probability be required for increased dock accommo dation in that locality. The line was, on that ground, rejected. Now, this line would give an entrance to the whole of the present railway stations in Liverpool ; and, at the same time, would afford access to the docks, both at the north and south ends of Liverpool. If the committee would consult the map [map laid before the committee] they would see there was a line from. Edge-hill, which went to Park lane. In Park-lane there was a goods' station, and that station was connected with the southern docks by a railway which was under the control of the Mersey Docks Board. Referring to the proposed junction at Edge-hill, the committee would see by the map that there was a middle line of railway, which went direct to the centre of Liver pool, in Lime-street, where there was the principal passenger station, opposite to St. George's Hall. By again looking at the map, the committee would see another line on the north, at Edge-hill, and this line passed under Liverpool by a tunnel, and terminated at the Waterloo Dock. This line was also connected with another line running along the line of docks, and which, like the line at the south docks, was under the control of the Mersey Docks Board. This last named line was of some considerable comequence, inasmuch as the present tendency of the Liverpool docks was northward. At the south end the ground rose very much, and any docks which might here after be constructed in that locality, would have to project into the Mersey. If the committee sanctioned the present bill, the Garston station would, by means of it, be connected with every one of the existing stations in Liverpool. To the bill, as it was originally framed, a considerable number of objections were raised by petitioners; but, he was happy to inform the committee that, partly by arrangement, and partly, he hoped, from as more mature consideration of the scheme, the petitioners had dwindled down to three, and of those one had been merely filed because, owing to some delay, the petitioners the ht. Helen's Canal and Railway Company—,were obliged to appear before the committee to-day as opponents, which was a character which in reality they did not bear. •: , The Chairman Who are the two petitioners who re main ? Mr. Hope Scott said the remaining petitioners were the Toxteth Park Commissioners, whose peti..; tion was merely a question of clause, and the Great. Northern Railway Company who were not represented by counsel. Indeed his own opinion was, that the Great Northern Company were merely before:the committee for the purpose of not being excluded from making observations upon the case hereafter if they might wish to do so. He had no reason whatever to suppose, that they. either had or could have any valid objections to the bill. The petitions which had been withdrawn had been withdrawn for the same reason which rendered the report of the Board of Trade inapplicable to the bill. The bill had been remodelled so that there was net at present a single observation in the report of the Board of Trade which applied' to the bill in its present form. The ease Of the Toxteth Park Commissioners, who, as he had said before, were the only real opponents of the bill, resolved itself purely into a question of clause. Toxteth • Park was one of the suburban districts of Liverpool, and it possessed a local board of health who objected to . a proposal to carry the railway across , certain. public roads —among others, across Penny lane, where there was a large and increasing traffic: The company - were perfectly ready to comply with any reasonable proposition on the part of the commissioners, and were willin to insert a clause in the bill, requiring them to carry abridge across the road or to carry the road over the railway, subject to , the decision of the Board of Trade. He believed that was really the only substantial opposition which would be offered to the bill, and he thought there would be no difficulty in disposing of it. Mr. Woods examined by Mr. Rodwell: I am a civil engineer. I have had considerable experience in the con struction of railways. lam acquainted with the proposed line. The total cost is £120,000: £50,000 for the works ; £60,000 for the land. The smallest curve is one in 13 chains. That curve is approaching Edge-hill station. In my judgment this is the cheapest route of connecting the two points. This is the last link in the communication. It communicates with all the stations at Liverpool. There are no tunnels. There are no engineering difficulties. . At the close of Mr. Wood's examination, the committee passed the preamble of the bill, and the various' clauses having been settled, the chairman was ordered to report the bill to the .House. • f THE CHARGE ' - I AGAINST THE o r TIT ENGINEERS OF THE BOGOTA- Yesterday, at oneo'clock, was fixed for the further hearing of the charge against John Buchanan, the chief engineer, and Archibald Mitchell, the second engineer, of the Bogota steamer, for having caused the death of John Landon, on the high seas. The Police Court was crowded with persons anxious to hear the details. Mr. J. A. Turner assisted Mr. Mansfield in the hearing of the case, as he had sat with him on the first day; the Mayor was also present. Mr. Tyndall appeared for the Crown, and Mr. Aspivall (deputy Recorder), instructed 1w Lowndes and Co., appeared for Buchanan, and Mr.' Deighton, instructed by Mr. Snowball, appeared for Mitchell. Since the cases of Captains Rogers and Christie, we have not known any that has caused more public atten tion than the present. There were several well •dressed and sespectable-looking females in Court. It was nearly half past one before the case was proceeded with. The first witness called was William McCle Hand, who said : I was a seaman on board out the Bogota, and remember Landon joining at Valparaiso. He was a stout able-bodied man. Sailed to Loto, and coaled there, and pinceeded to Rio. The weather was hot before we arrived at Rio for fourteen days. The deceased was a coal-passer, and I heard him complain of the heat, and say it was too great for him to bear. He offered one man £lO to take his place, but the man said the first or second mate would not let him take it. He was a miner, and was working in Chili for three years. He told me he was coming to see his family, and to send his eldest son to school. The weather was favourable when we left Rio. I saw the second engineer there on the deck. The deceased died that day. I saw him and the second engineer at the aft stoke hole, the latter dragging deceased by the legs. ' The man cried out for mercy, and asked, for God's sake, not to put him down, as it would kill him. The second engineer said he would put him down, and chain him, and make him do his work, as. he had skulked on his comrades already. The man said he was not able to stand the heat. The engineer said, " Get up, and go down to your work, or I will kick you down." "For God's sake," said he, "don't ask me." He gave the man a push, and the man laid hold of the ladder, and wed down, and the second engineer followed. The second mate then called me to my work, and I did not see any more then. I saw Land.on in half-an-hour being carried forward from the after stoke-hole on the port side; he was carried by one, and that was the second engineer; he was carried by the legs and arms ; they took him to the foremost stoke-hole, port side ; they laid his legs over the crossings of the hatch, and forced him down the stoke-hole on the port side. I saw the chief engineer standing at the crossings of the hatch at the stoke-hole, and they stood there for five minutes; to the best of my knowledge I did not hear anything pass at the time, nor see them do anything at that time. I looked down the stoke hole at the time; they looked down at the same time: I saw the man after he was tied to the ladder : he was tied by the waist, and cried out for mercy. The chief and second engineers were then looking down the stoke-hole. There were a great number present, and both the, engineers and the doctor were present. The chief engineer was looking at the man, who said, " God Almighty have mercy on me, I am not able to stand the heat—you will kill me." The next time I saw the man was when being carried up to the foreastle, starboard side; and I consider it was then about half-past. five. He was placed on the forecastle deck. I remained in the forecastle during all the rest of the time. He was left lying there. I saw the doctor feel his pulse; the chief mate and first engineer were present. The doctor gave orders for the man to be rolled, and the chief mate held the watch; the man did not recover, for to the best of my knowledge he was dead at the time. I heard Reece, one of the firemen, ask the first engineer who ordered him to be tied up ? and the engineer said, " I did, to make him do his work," or "to keep him to his work." I lifted a hand to bury nim; hls trowsers was nut taken olr, lie Was burled In the same state as he was brought from the stoke-hole. Cross-examined by Mr. Aspinall : I don't remember that his boots were off; I did not see his feet rubbed, or mustard plasters put on 'them. The doctor and first engineer went away together. I saw nothing more of them until the man was brought up again. There were a number of people looking down the stoke-hole —five or six at least. The ship had passengers, but I can't say if any of them were there or not. The chief engineer and the surgeon were talking, but I could not tell what they were saying, as I was paying more attention to the party below. I swear they were there more than two minutes. They were looking down the stoke-hole all the time that I was there—for the five minutes. I could see ,the entrance to the.stoke-hole from the forecastle. door. I did not think the man was skulking. It was the hottest day I ever remember. The glass was 130 degrees under double awnings. I never saw. the captain all the time. He did not interfere in anything, as he was very quiet, and did not interfere except a report was made to him. Reece, one of the firemen, reported it to the captain. I told the third officer, and he saw it as well as I did. I have not seen him since we came into dock. He was not looking down. I told him it was very cruel to treat the man sn, and he said it was very. There was nothing to prevent the third officer going to the captain that I know of. Examined by Mr. Deighton : I saw the man after he was tied; he was tied by the waist to the lower ladder, with his left side and back to the fire. I heard the crying out for one minute, but I can't say for more ; but the cries were heard before I noticed them. He was tied on the port side of the ladder ; part of his face would be towards the hatch way. The doctor was present when the crying out was going on ; it was heard in the4orecastle. I can't say where the captain was, for I had not seen him for an hour before that. I did not see who tied him; the doctor was present then ;_ he was down, I consider, better than five minutes. I did not see the length of the, rope, but I heard it. I have been down there' to have a look round the place once ; I stayed about five minutes, fore and aft, and by the boilers ; it was cool weather then. The only man I saw down with the man when tied was the second engineer. Re-examined by Mr. Tyndall: From the time he was carried to the fore-stoke hole, until 'he was carried to the forecastle, was about eight minutes ; and I think lie was tied to the ladder five minutes at least—l think that, but I am not sure: Robert Grainger examined: I am a seaman on board the Bogota ;, I joined on the 27th December. I knew the deceased, and he told me he was from Cornwall. He was a .coal passer on board. He made complaints of the weather, as it was pretty hot; I never heard him complain in cold weather. lie complained to me several times, and said he would not be able to stand the passage home; I told him I would change with him if the officers allowed it. He said he could not go aloft. I recollect the day we left Rio, it was a very hot day indeed: The boatswain of the vessel had. to knock off with the heat, and a man, named Bill Senter, had to knock off also from it. I,came on deck about four o'clock, and saw deceased lying on the port side of the deck, behind the shaft ; it was near the stoke-hole (pointed out on a plan of the deck) where the deceased lay. He was crying out, "Oh dear, what am Itodo ?" I spoke to him, and asked him what was the matter He said, " I am not. fit to stand the heat any longer, and they will face me down to work." It was raining a little before that, and I went into the forecastle to shift myself. He was there from ten minutes to a quarter of an hour, but I did not see anyone speak to him, nor orders given. I heard the noise of their bringing him along after that. I heard the second engineer order him below ; that was after I saw him on the deck. I saw him carried to the fore stoke-hole, and the second engineer pushing him along. They forced him down the stoke-hole. He seemed unwilling,to go, and held the rail not 'to go. The second engineer loosed his hands, and pushed him down. I was called away then. I heard deceased crying out after that for God to have mercy on him, and asking would no one save him. I saw the head engineer on the deck, walking backward and forward. He was nearer the stoke-hole than I. was, and he passed it frequently. The deceased was not crying then, as he had not been long down at the time.. I saw the deceased brought into the forecastle ; the doctor and head en gineer came with him. he doctor spoke to him, saying, " Tell us what's the matter ?" when one of the men said, " Oh! he won't tell you - he's schem ing," but he , was , not able to speak then. The doctor spoke to the head engineer, and I saw him come with a bottle of mustard. I think the doctor and engineer went away, and so did I. I was a wa y a q uarter of an hour ; they lifted him on to some chests. Some one re d ported that the man was dead , an d the doctor came, fp they put him into a blanket, and he was rolled' back ward by the head engineer and doc . tor. and he was dead. I assi sted +- chief engineer was the. - was a fine ste- 4 boifi THE PHCENIX CLUB TRIALS TRALEE, MONDAY EVENlNG.—Witnesses having been called for the defence, the Solicitor-General proceeded to reply on the part of the Crown. He undertook to sweep away the impediments in which the fabric of the case had been surrounded, and prove the prisoner guilty of the crime laid to his charge. He asked them now, at the close of the case, did they doubt that a treasonable society con spiracy did exist in the country, bound together by the awful bath which had baen proved in the case, and to which Mr. O'Hagan never once alluded. In reference to the im peachment urged against Sullivan, he maintained that the letter which had been dwelt on was net a trap, as had been. urged, but in consequence of letters from his relations, had been written with a sincere desire to leave the country, and not proceed further in the case. The existence and object of the Phcenix Society had been by an unbroken chain of evidence proved by the identity of the design of the conspirators of Cork and Kerry. He concluded by calling on the jury to act on the unbroken chain of evi dence. The guilt of the prisoners had been, he submitted, couchisively established, but if any doubt remained, the jury should give the prisoners the benefit of that doubt. His lordship then proceeded to charge the jury, but had not concluded up to 4 p.m. DISCHARGE OF THE JURY. A second edition of the Dublin Freeman's Journal, of last evening, contains a special telegram from its reporter at Tralee, stating that the jury, after being locked up for. 'twenty-two hours, have been discharged, without giving in a verdict. The assizes have been adjourned to the 30th instant. The division of the jury was as dated by ajuror, t.:n to two, ' man." I said to Lattimer, " Beware you don't get a crack of a sling shot." Cross-examined by Mr. Aspinall : The man Nm not crying.-out when the head engineer was walking,akent. I was at the head of the liiider when the man was put down. I saw him put down ter the bottom, and it was ten minutes after I saw the engineer at the stoke-hole on the deck. Any one at the forecastle door must have seen him. Cross-examined by Mr. Deightoit , : . It was a quarter of an hour or twenty minutes after that , I heard the cries. 'Henry Hewitt, a seaman on board the vessel, examined : I knew the deceased, and heard him several say it was hot below; that was two or three days before we arrived at Rio ; left Rio on, the 25th January, and he told mu' that day he could not work ; I heard the chief engineer speak to . him, but did not hear what he said. The' chief mate then came up and said, what did you ship for, if you can't do your work. Saw the second engineer and another man carry him to the stoke-hole, and cried out for a tacke to lower him down ; I saw the second engineer shoving him' down by the collar. The second engineer cried out for a rope, and one of. the men, named Buchanan gave him one, and he was tied below - with part of side and back to the fire. I went to the forecastle and told/ the men. I came back to see what they were loin; with him, and he was stru g gling about and crying for help. A men, named Coilead, was there. I saw a man, named Wilson, go down, and the deceased was crying out murder, and " Will no one help me out of this ?" He was trying to get loose then, when Wilson went down. I did not see the engineers on 'deck then, not till the man was cut down ; - they were coming from aft towards the stoke-hole. I heard them speak together : the chief engineer said "take him down." He was then by the stoke-hole. I saw the second engineer then go down, and ordered Wilson to cut him down. I saw the chief engineer and doctor after that, when the man was brought up. It was about three minutes after, and they took him- to the forecastle. Heard the doctor order water for his head : he felt his pulse, and he said it was very good. The chief engineer and first mate were there then: they rolled him fifteen times a minute. The doctor said he thought it was a case, or something that way. - Cross-examined by Mr. Aspinall : I don't know what became of his shoes ; 1 don't know if any accident happened to him at Rio ; I don't know if he fell overboard coaling there. John Langan. the• boatswain's boy on board the ship, was examined : I saw the man tied to the ladder, and knew him. I told the second officer that the miner (deceased) was tied below. I heard him cry out, " Oh, don't murder meChrist have mercy en me—Oh, my wife and children." I went there a second time, and heard him say the same words. In five minutes after Wilson opened the fire door, and the man fell with his head to it, and Wilson had to put his knee to him to prevent him falling into the fire. I then saw the second engineer come from the passage, look at the deceased, and then go up to the chief engineer's room. I saw the doctor and the chief engineer then over the stoke-hole, and I heard the latter say, "get a tackle and hoist him up." I saw him after at the top of the stoke-hole ; he was gasping., and could not speak. The chief engineer said to the doctor, pointing to a man named Lawson, " There's another fellow troubled with the same complaint." I heard deceased say it was too hot down below, and he did not like it. Saw him rolled, and the doctor ordered him to be rolled fifteen times a minute. Some one asked the doctor what ailed him, and he said he died of apoplexy. Cross-examined by Mr. Deighton : I did not see him tied, but saw him when he was tied. The back of his head struck the door of the fire. I did not see the second en gineer there at that time. The rope was round his body, and he was tied to the side of the ladder. James Lawson was examined : I was stoker or trimmer on board. I remember• the deceased. He was the relief of my watch. I heard him complain of the heat several times. He offered some of the men-of-war's-men, who were on board, £lO to do his work. I could not stand the heat, and came on deck to get air, but got none. I told the chief engineer I was not able to work, and he said, I must go and do my work, although the doctor told me to go to bed. I was obliged to go down. The furnaces were clean, and in good order, as they were all done up at Rio. I saw deceased carried to the forecastle; and the doctor was sent for, and after that the chief engineer came. I saw the mustard put to his feet, and saw him rolled. Cross-examined by Mr. Deighton, but nothing particular was elicited. _ _ Robert. Paisley, a coloured man, was examined : I was a coal-passer on board, and knew deceased. He said he heard the chief engineer tell the doctor that it was he who ordered the deceased to be made fast to the ladder. Terence Monagan, an able seaman, examined: I heard the deceased complain of the heat. I saw the first and second engineer and deceased at the stoke-hole ; I saw him go down the ladder, but don't know whether he was pushed or not. About five o'clock I saw the man tied to the ladder, ana neara nun cry " Luta ha, e uw,,j vu Chriot save _ _ _ Cross-examined by Mr. Doighton, but nothing of con sequence was elicited. John Shreeve, a fireman on board, was the next witness. He corroborated generally the evidence of the other wit nesses, and said the deceased was buried in his clothes. To Mr. Aspinall : He said he got the shoes of deceased, but they were not burnt. Charles Theodore Smidtz, surgeon of the vessel, examined: I am surgeon of the ship more than four months. I took my degree last July. I never was in a hot climate before. I recollect the day the man died; my attention was called to hi:n at half-past four or so. I saw him and the chief engineer at the after stoke-hole hatch. The chief engineer said, " This man won't work again, as he complains of the heat." I had examined him the day before particularly. I felt his pulse, but could not find anything the matter with him. The next time I saw him was in the fore stoke-hole. an hour or fifty minutes after, at the foot of the ladder, with a rope round his chest, and supported by one of the men. I went down, as the chief engineer called me, but I don't remember if he were with me : he came to wie on the poop, and said, " you are required in the stoke-hole ;" he went with me to the stoke-hole : the man was lying across the foot of the ladder, but not tied when I saw him. I ordered him to be carried up at once. They were going to hoist . him up, but I ordered • him to be carried up gently, and the engineer said the same. I followed him up, and he was taken to the fore castle. I ordered him to bed, and one of the men said it would be more airy on the chests. He was quite insen sible. His pulse was quick and feeble, and I ordered his head to be bathed in cold water. His face was pale. I came in about ten minutes, and at first sight I thought he was better, but on more close inquiry I found he was not, and I ordered them to go on the smile way. After that, John Rogers came and said he was worse, and I went at once. His breathing was worse ; got my stetheseope and heard his . heart .beating. feebly-,employed artificial re spirationthat is, rolling for twenty minutes, but he never rallied. I said he died of apoplexy. I consider he died of apoplexy. The symptoms were those of apoplexy —not of the simplest causes. I can tell nearly as well as if I made a post mortem exami nation in the case—perhaps not quite so certain. There were general paralyses of the body. I examined his arins,, legs, and pupils, and found them so. I think a person in a hot atmosphere and tied would debilitate the system. I saw seamen faint, but the symptoms were not the same. He had snoring. respirations. There would be a difference in the symptoms of a man dying•of apoplexy and fainting. I could tell the difference in every case ; I had a case of sun-stroke of the boatswain that day—the first I saw. It arises from the heat of the sun, causing great debility. I never heard of a death from sun-stroke without being exposed to the air. . The symptoms of sun-stroke and apoplexy are very similar, differing only in circumstances. I never saw him tied there at all. It is not true that I was on the top of the stoke-hole looking down at him, and if any one said so it is untrue. I did not make a post mortens, for several reasons : First, I had no doubt of what he died, and second, there was hardly any place for to do it ; and I told the captain if he wished it I would do so, but lie did not wish, When rolling the man, I asked questions generally, but I don't recollect that the chief engineer answered me. It is probably true that the chief engineer told me he had ordered deceased to be tied up to keep him to his work. I used the artificial respi rator after the man was dead, and did it more for experiment. If I had done it before it would not do him any good in the state he was in. Mr. Tyndall said that was all the evidence he intended to offer at present. Cross-examined by Mr. Deighton : I consider the man Edinburgh, was fit for work. To Mr. Mansfield.: I examined the deceased before at the request of the chief engineer, but found noth b in e g for t e h a e t matter, with him. When down in the stoke-hole, I re marked, surely this heat can't affect him, as it was cooler inScotland. there than on deck in the morning. The man at was m : healthy, fair-haired man. finished SYilles By Mr. Aspinall : Fexamined the man the day the request of the chief engineer, as he said he was going to l a e n a d y e w t e h n e t s t il e ip. Berlin l was fe r a a pupil year of a." d D r . Dr. Inman was examined b ' y Mr. Tyndall, the position of the man, and said it would be who . described life, because the man would be injurious to the same position as if he placed preo , -- • direct heat of the sun. The eff-- , vj'— .. . . ft sun stroke, of whi , x apoplexy. fleAtt 54'511'5i *Up nq tt m d i n 1 Dulyeed i w ii ib a i s in to. a fi s tri k ha u ei l n k egi Ini from co i lei i l ni r the nige e' duty, He regretted the death of the man, but it was sup• nothing to e u p r t Te ( cy k e i n i t w i t a e h s e b t a r o n d a n s h a i w: l e t r o t k w i t el F --- (r tif - -a— seem , tha he id not work he should 1/e.tieil up and made work. He proceeded to comment on the evidence, and contended that the evidence that went to state that the chief engineer was lookine- dawn the stoke-hole at the man, was negatived !by the doctor, who was above all suspicion. If the order wag given by the chief engineer, and that it were even an illegal order, he would- not be answerable for all the consequences of the act. On the law of the ease, he urged that his client was not liable, and that no jury could find him guilty. No doubt there was p-eat prejudice in the case, that was got up by the placards and reports in the Plod and Aferciwy, and wound up a slice address . by saying it would be dangerous to send the- man for trial, because there was no reliable evidence against him. place in India when there is no sun ; in hospitals, when the sun is excluded, and the air kept as cool as possible. _ To Mr. Mansfield : The symptomn of' sun-stroke and apoplexy are the same, and would answer for both. This closed the case for the prosecution. Mr. Aspinall then proceeded to address the Court on behalf of the chief engineer,- and said, Dr: Inman was brought there to• adorn the ease, and slim the difference between medical men. There was no case, he said, made ' out against the chief engineer, ex cept that some one said, he had admitted he ordered the man to be tied up fal not doing his work. He argued that the chief engineer had charge of the machinery, and was account able for the bringing home of the vessel, and, therefore, he must have seen that the men performed their Mr. Deighton then addressed the- court for itlitchell, and said, there was no intention on his part to do the man any injury at all. The plate where the man was put, was the coolest in the ship, according to the evidence of the•surgeon, There was no evidence to show that death was the result of the place where the man was tied. He contended; that.sup pose the second engineer had received the orders.fioni the first engineer, that he was bound to obey them, suppose such orders were even illegal, as the chief was his superior officer. However, he said, as the case was likely to go before another tribunal,.he would'reserve his chief defence until that period, when he trusted in point of% law. am/ fact to give a successful answer to the case. There were no witnesses produced for the defence. Mr. Mansfield said, the investigation of: the case . had taken up a great deal of time, but not more than it deserved, as it was a case of such importance to all parties, that it deserved the fullest consideration. It seemed to him that there was no doubt that there was a strong suspicion entertained by the prisoners and other persons on-board the ship, that the unfortunate deceased: had skulked from the performance of his duty ; and that, in trying to do. so, he was not content with that, but that he threw over on. other people an unfair share•of the work that- he ought to per form: Whatever the , order was,. or by, whom given, no one anticipated the unfortunate result, as it was extremely unlikely that the result would, be what it really was. There was about the whole- case fa ' great deal of doubt, for, taking. it altogether, no two-of the witnesses were agreed as to facts, but there was a-general agreement as to the result. On the-medical evidence, too, there was a difference. One gentleman stated that death was from a sun-stroke ; and another, from- apoplexy - . Talking about roasting- was quite out of the question. It would, however, appear that there was- some order given by the chief engineer to the- second, but it seemed that:order was g iven in the alternative e that is, make-the man go-to his work, and if he don't do it, tie him up, or-something to that effect. However; when he was tied up, and when-the second engineer heard him crying out for mercy. as it was proved he did, he did not act like a man would have acted, by cutting him down at once, but he ran to- the chief engineer, so that it would seem he had received such an order as he could not disobey, without consulting with- his superior officer. : He alluded to the state of the law in this country and the- United States, and the degrees of murder, with- the view taken by the laws of both countries on the degrees. lit the States, one of the degrees of murder called manslaughter, was punished by the judge, after the conviction of the party charged, discharging hint with a. reprimand; whilst in this country the judge would be called merciful by letting the prisoner off for penal servitude for a series of years, or for life. It was with pain and reluctance . that he had arrived at the conclusion of sending both prisoners for trial. There was so much doubt and • difficulty in the whole case, that the only thing he could do was to send it before a jury for investigation. After a few other remarks, he sent both prisoners for trial, but said he-would receive the same bail for Buchanan as he had already allowed him out,on, namely, two sureties in £lOO each, and himself in £2oo'. Mr. Deighton then applied to. have Mitchell admitted to bail, but his Worship said if he did admit him, the bail would be so heavy that it would almost exclude-him. ; After some conversation, however, his Worship agreed to take two sureties in £250 each, and the prisoner in Z. 500, for his appearance at the assizes. The case then terminated at six o'clock. LIVERPOOL POLICE INTELLIGENCE.—YEsTExnsy. BEFORE MR. MANSFIELD. ELLEN O'BRIEN AND THE FLOWERS.—A nice looking female, very neatly dressed, who gave the name of Ellen. O'Brien, was charged by Mrs. Martha Maras, publican, as prisoner sa wenttiwtaiif walking t ni l o go leer flowers withi thato p er,n.,e previousitwhen on stand the eg night, and young counter, nn k t ° u rn ! , Elliott-street, for an assault. The complainant said the the bar stopped her. Witness then came behind the counter, when the prisoner said, " This fellow of your's is a good-for-nothing chap, as he won't let me take away the flowers." Witness said the flowers were not to be 'taken, when the prisoner took up a glass and flung it with great force at her head, but •it fortunately missed her, and smashed against the wall behind her. The witness was quite astonished at her conduct, as her appearance wag so very genteel. In answer to the charge; the prisoner said she realty did not know. what she was doing, as very unfortunately she had got some'drink, which took away her senses. His Worship said her con— duct was very disreputable, and fined her £2, or in default' of payment one months imprisonment. GRATITCDE blackmail, named Elliott, was charged. by Mr. Thomas Carpenter; of Charlotte-place, with havi ng stolen a jacket, cap, vest, two shirts, and other property. Mr. Cobb prosecuted, and stated the case, and then'eallecl. Mr. Carpenter, who said some time ago the prisoner was turned out of the Sailors' Home, where they kept his clothes, for an alleged debt. He was very destitute,' and I took him into my house, although I do not take in coloured men, but he was in such distress I did so. I kept him four weeks, and went to the Sailors' Home and got him a ship. On Monday week I lent him the clothes, to make an appearance at • the Home. He gave them back on the Tues— day, but on the 'Wednesday he came in, the absence of Mrs. Carpenter, took the clothes, and was not seen after until Monday in this 'week. I would have got him a ship if he bad behaved himself.. He pledged the jacket. Mr. Mansfield said, Al_ r. Car— penter was one man in a hundred ; he had tre4edthe prisoner kindly and hospitably, and was in r eturn treated on e most basely by him. Ile would send hire to J. for month. A WATCH ALADE TO " Go."—lsreal Isreal, a young marr , described as a General dealer, living in Brownlow-hill, was charged for receiving a watch, knowing it to be stolen'. Mr. Cobb defended. It appeared that on Sunday night, about ten o'clock, a man named John Martin, the master of a flat, was robbed of his watch, value £4, by a woman in Moore-street, and that on Monday forenoon the prisoner sent it to a pawn-shop in Brownlow-hill to pledge. It was stopped there, and the prisoner was then arrested. The name of •Martin had been erased from the case between the time it was stolen and when offered for pawn. The defence was that the prisoner 'bought it from a man whom he did not know, but this not b eing satisfactory, his 'Worship sent the prisoner for trial. On the appliCation of Mr. Cobb, his Worship said he would take two sureties in £2O each for his appearance at the spi. si ons " WHERE SHALL WE Two MEET AGAIN 0 Fiddler, a comical looking fellow, about sixty y ear"f was charged by Mr. Oman, of the Albert Dock warehouses, with stealing a pound of sugar from aship When Mr. Cowan took him up, he said, in the dock. I think I hive seen you before some place. Not in this e world, replied.the What do you mean ? asked Mr. p You Tay have met me in heaven or hell, said the r e prisoner but not in this world. Mr. Mansfield said _the prisoner was before him nearly one hundred times, and he thought he was mad about religion. He would send him for trial, and let a jury decide whether. he was mad or not. [Wherever the prisoner met Mr; Cowan next before, the place he will meet him is before the re-:- corder.] The Portuguese Minister had an audience of her Majesty on Monday, to present, on behalf of the Icing of l'ortnal:, the insignia of the Order of the Tower awl Sword for " Prince of Wales and Prince Alfred. THE EVACUATION or THE P^" Morning Post says the Pone 1 — ragard to tho evo— sanction I— • ~. .IWlEffict _ ~i ~~p.ff !°!.W$ I 'ho , 0 pro- ioe 3 If the Tgoll e cp . lt 1111 6.6001 o isid o°lll4 are ch cep belie. ec k. art be. Pit 01" t