Northern Times. — Liverpool, Merseyside, England, 1857-07-06 00:00:00

COURT OF QUEEN'S BENCH.--SATlntpAy. IMPORTANT SHIPPING CASE. BEFORE LORD CAMPBELL AND A SPECIAL JURY. (FROM OUR OWN CORRESPONDENT.) JOHNSTON MERRY versus JOHN JARDIN. E AND OTHERS, Or LIVERPOOL. This important case came on for trial this morning, at Guildhall. Sir Frederick Thesiger, Messrs. Boville, Lush, Q.C., and Turner, appeared as counsel for the plaintiff, and Mr. Hill, Q.C., and Mr. Blackburn for the defendants. Sir Frederick Thesiger opened the case at some length, but the facts were these :—Mr. Berry was a printer, carrying on a large trade in Dublin, and in May 1855, he resolved to go out to America, to establish printing offices in Canada. He forwarded a large quantity of type. print : presses, machinery, and other materials conn-cted with his business, to L;verpool, where they were shipped on board a vessel called the Lochrnaben Castle, the property of the defendants. Tee goods were shipped by a friend of the plaintiffs, who paid the defendants the freight. The pro perty was not insured, and the plaintiff alleged that the value was £6,000. be vessel sailed from Liverpool early in May for giebec, and on the 4th June, 1835, she ran on the Bird Ricks, in the Gulf of St. Lawrence, and remained there for sometime, but subsequently became a wreck. The cargo of course was lost, and the Board of Trade ordered an inquiry into the lose of the ship, which inquiry took place at Liverpool, before Mr. Mans field and Captain Schomberg, in October 180, and these gentlemen found that the shin was lost by ignorance and neglect of the captain. About the 10th of July 1855, the ship and cargo were sold for £66, al; hough it was alleged by witnesses, who were examined by cem mission in America, that the cargo could have been saved, and that in point of fact, some of the plaintiff's property was atterwaris taken from the ship by the purchaser an I sold in the United States. It was contended that the defendants were thus liable under all the circumstances of the case. One of the ingredients in the case was in -regard to the lead line, as it was alleged that one of the causes of the loss of the vessel, was the non-use of the lead line. This is a gen , ral outline of the case, as opened by the learned counsel. Mr. Redmond of Liverpool, proved the shipping of the goods and the payment of the freight to Mr. Jardine, jun. Oa cross-examination he denied that Messrs. .Jardine had stated to him that Trelfall and Co., were the charterers of the ship, but ad mitted that he was at first referred to that firm as the persons who had the management of the cargo. The freight was paid to Mr. ;ardine jun., by the witness. The evidence tak oa by commission in Canada, was then read; it was very voluminous, and related to the loss of the ship on the Bird Rocks. In this respect only it was interesting, and had reference to the details connected with the unfortunate loss of the fine ship. The point about the lead line, showed that it was not need from the time she left Saint Peter's (at least) until she struck. Some of the witnesses sated that the cargo might have been saved. One of the delositims stated that the deponent heard the captain (Turner) say that he did not care a d— for the ship and cargo provided he saved the passengers. There were over 500 on board, and it appeared that the captain showed the greatest solicitude to save them, and was successful, and Lord Campbell said, so far as that portion of the captain's conduct was concerned, he deserved much credit. During the reading of the evidence, taken by commission, a question arose as to the reading some additional cross-interrogatories put to the plaintiffs' witness iii Canada, whether the plaineffd cov:sel bad a right to the benefit of having such read ? and his lordship ruled, that all the evidence taken by commission could be read. Evidence taken by commission, from captains, in regard to the gulf of Saint Lawrence and its navigation, &c., and the course taken from Saint Paul's, up the gulf was then read, after which Mr. John Graham, the master of a vessel 19 years in the Canada trade, who said he knew the Bid it eke and the Gulf of St. Lawrence. Knows these charts. Saw this one, but did not use it. This (another) is one of the charts I sail by. I know St Paul's and the Magdalen Islands. I know the channel and banks between St. Paul's and the Bird Becks. It is generally called the Magdalen Banks. There are vast num bers of birds on the rocks, and these can be seen far off. There is a deep channel, bat I never got any soundines in that quarter. Lord Campbell : Have you cast the line there ? I have, my lord, with 120 fathoms, but got no sounding. There is rod soundings on the banks. From the Bird Rocks to Saint Pau;'s is 55 to 56 miles. In clear weather can sight the Bird Rocks, fifteen miles off. Fogs are frequent there, and in the neighbourhood of the Bird Rocks there are currents. By sounding I could know if I were in the deep channel or on the bank. In foggy weather, it' I did not know my position I would not run on. If I were on the bank I would haul off into the deep water. I would knew by soundings that I was on the bank. If I did not know my position, it would not be safe to go on in foggy weather, without soundings. In foggy wea her, all I could depend on would be soundings. I would think it prudent to slacken sail. It would be prudent to heave to, to ascertain the position. It would be prudent to give eight or ten miles to the Bird Rocks in foggy weather. In reply to Mr. Hill, the witness said, if he knew where he was he would not sound. He was cross-examined in reference to the charts The examina tion was of a scientific character as regarded the sailing of a ship in the golf, and he said he would keep the lead going. He was examined at some length on the chart, which he explained by instruments, Sec. In the course of the cross-examination of this witness, Lord Campbell exhibited a degree of nautical knowledge that surprised all who heard him. Sie F. Thesiger then offered so put in Bethel's Sailing Directions to Captains, and the witness, in reply to Lord Campbell, said the book was generally read by captains, and was the most approved book on the subject. Tho witness was cross-txamined on that point, and said he knew the book far about ten years. A portion of the work relatiug to the navigation of the St. Lawrence was then read, and at page 5, it was stated that the lead line should be kept continually going. Portions of pages 20, 21,44, and 45 were then read,and Capt. Burnett, belonging to the Marine Board, was called. lie said he made several voyages in the Gulf, and knew the Bird reeks; he explained the soundings and the currents in the gulf, and about the rocks. His evidence went fully to corroborate that of the preceding witness. On cross-examination, he said he would make allowance for the variation of the compass, marked on the chart. He never made land without sounding. Captain Thomas Allen, of Liverpool, examined : I have been nearly 37 years at sea, and know the Gulf of tit. Lawrence. When I was master I always used the lead, and it wou'd not he safe or prudent in foggy weather not to use the lead. His evidence was nearly the same as that already given. Catain Ainley, of the Sailor's Home, Lirerpoo7, was examined, but his evidence was not mitetial. Captain said he made twenty voyages in the Gulf of St. Lawrence, and said he always used the lead Caere in foggy weather, ani soundings should be taken on the bank, and if he found he was there, he would haul off into the deep channel to the north. He would not go on at seven or eight knots in that place without soundings On cross-examination he said he would run twenty-four hours without the cast of the lead, if he knew well his posi tion and course. Mr. Joseph Fkeman, a captain in the merchant service for twenty-give years, was examined, and stated that he was up the gulf in foggy weather. His evilence was nearly the same. Captain Swinton slid he made twenty-five voyages in the Gilt, in all weathers. In fu,g4y weather it was safe and right to we the lead, where soundings could be had. He had gone up the Gulf without taking soundings. Some other depositions taken in America were then read. This related to the loss of the ship, and how the cargo could have bean saved, &c. This closed the case on the part of the plaintiff. Mr. Hill, Q a, then opened the case for the defendants, and said that the defendants had not made any centract with the Plaintiff, as Messrs. Trelfall, of Liverpool, had the ship chartered from the owners. He went through the . case, arguing that the l os s of the ship was purely accidentally, and that the captain had not neeleet.ed his duty, and was not negligent. He called Mr. Jell nJardine, jun. He proved that the vessel was chartered to Tulfall and Co., on the 17th April, 1855. (The document was put in and read.) The latter were to pay £373 for the charter. He said the charterer put up the ahip as a general ship. He said be referred Mr. Redmond to the charterers to melee the arrangement; for the freight of the plaintiff's goods. Two detectives called at his office, saying they had a warrant, backed by Mr. Mansfield, to arrest Mr. Berry, and he requested Mr. Redmond to leave the bills of lading for a couple of date. He called again, paid the freight, and got the bills of lading. On cross-examination by Sir F. Thesiger, the witness would not swear that he told Mr. Redmond that Trefoli s were the charterers of the ship, but to the best of his memory, he did so. He did not know where the log-book of the lost eip was. After some discuss i on his Lordship said he would, under the circumstances, hold the owners liatla for the prevent. Counsel then read depositions taken in America on behalf of the defendants, and then Captain Turner was called. He said he was at the sea thirty five years, and was fourteen years a master. Was twenty-one voyages in the St. Lawrence, and is six or seven years in the employ ment of the defendants. Was sent out in 1854 for the ship to Richebnctoo, where she was built. Brought her home, and she was classed at Lloyd's. She was 1,360 tons register, and had a great deal of iron fastenings—iron stauncheons front-stem to stern. She had two compasses in the usual places. .She had a general cargo, and a great deal of iron. That was in the lower hold. The type and presses, tee., were stowed in the lower hold, and had soap and salt, and other things, about them. Sailed on the 9th May. The compasses were corrected before sailing. There were about 568 passengers. Lord Campbell : On whose account ? I think the account of the owners ; but I can't say. My wife and daughter were with me. Made soundings at Saint Peter's Bank on the 2nd June. On the day following I shaped my course for Cape Ray. Sighted land on the 3rd June. It might be thirty miles off N.W. half W. Followed that to seven in the evening, when I saw Cape Ray about 15 miles off N., a quarter or half west. Steered N.N.W. to eight o'clock. That brought me nearer Cape Ray Within nine miles of it. Shaped my course NW.byN. to the middle of Anticusta. Had a of py orDeanfield's chart, published in 1853. The chart is in common we. The first and second mate assisted me to shape my course. I did not sound. (Described his position). Shaped the course fair for the gulf, at least 25 miles N.E. of the Bird Hocks, by the course laid down on the chart ; laid off the course with the rule, &c. Always steered that course. Was not at all in sieht of land. The wind was south, and wore to the west. Was on deck from eight to twelve. Ahle seaman were at the wheel, and the coulee was kept well. Went below at twelve, and left the mate in my place. Came up at half-east three, and the weather was hazy, wind S.W. I think, on an average, she-was going seven knots, under all pl sail. Shortened sail at four. It was a dense fig and squall. Put on sail again at seven, and calculated I was 25 miles N.E. of the Bird Rooks; if anything to the west of them s;x About twenty minutes p-ist eight heard the mate sing out, " hard up," and in a minute she was on the rock. Squared the sails to hick her. Called to the mate for the hand lead line. The deep sea lead was on the deck ready for use. Used it on the 2nd June, on Saint Peter's Bank, in twenty -five fathoms water. I never used the deep line in the course the ship was in. I never in my life used the lead in the Gulf. I believe when I got into the Gulf, I always got a good departure. To the court : I would not use the lead when I got a good departure. I would not know where the ship was by soundings. Threw cargo overboard to try and get her off. Ile then described what took place after the ship struck, but his lordship did not consider it very material to the issue. The witness was, however, examined at some length respecting what happened after. He said it wan impossible to hove got out the plaintiff's goods from the ship. Sold the ship about a month or so after. Cross examined by Sir F. Thesiger : I commanded a ship since, and lost her on the Irish coaat on the 4th of April last. The compasses were found correct. I had a copy of the chart, and lost it in the last ship I lost. I don't know what to attribute the loss of the vessel. I can't say if there are a number of currents in the Gulf of St. Law ranee. lamin a state to do my duty as a master of a ship. I was examined at the inquiry in Liverpool. My certificate was not suspended—it was taken to London, but I cloths know how long it Wab ke , t. I got a letter on the 6th of Nov.-tuber, 185.5, from the Board of Trade, but it is not here. 1 have a printed copy of it. I did not see St. Paul's on that voyage. I can't say I know a thrson named Homan. Don't remember that I said, "D— the rock." I thought we passed it in the night. The ship's bow was dust on the rock the first time I saw it. It was a dense fog from four o'clock in the morning, and was running on in it at the rate of seven knots. ,Did not take any soundings after the 2nd of June. That was done conveniently. Saw Cope Ray at fifteen miles. He was then examined at some length as to the evidence given by him at the investigation, and also with regard to the distance from St. Pees to Cape Ray. Did not alter the course f or eight hours, wont the vessel struck; but I can't say what made her strike. To the Court he said it was most likely the compass deceived him. To Sir F. Thesiger : Did you nut sly you found the compass correct? Yes, that's cocrect. I can't say the cause of her striking. On the chart there is a bank, but I never sounded it in my life, and I know nothing of it. Don't know that there is a deep channel, twelve miles broad, beside the bank. Sow the log with the mate. Bought some of the things myself, and took them to Richibuctoo, and left them on Jardine's Wharf there. To Mr. Hill : Tae vessel Host on the coast of Ireland was bound for Tralee. I had a Tralee pilot on board, but he had not charge of the ship. I did not expect to be cx.mined on that loss to-day. To the Jury : I always went the same course when going to Qacbec. I never went with a cargo there before, as I always had ballast. To the Court : The compasses were correct all the voyage. Believes a thick fug attracts the compass. The compasses were not lc correct at Cape Ray. Peter Housten, who was the mate of the lost ship, was examined, and his evidence was corroborative chiefly of the first portio n of Captain Turner's evidence. He said he went on board twenty-one small vessels, but none of them would assist the ship. In reply to Sir F. Thesiger, he said be knew of the bank, but not of the currents alluded to. He saw the 10 - ,.. boor ILW, at Ittentbuetoo, where one of the Mr. Jardine's' live. He was further examined as to the evidence he gave at Liverpool, and admitted that he had said at that time he could not tell what land he saw l ist before the ship struck. He did not tell the captain about the bank, as he did not think it was necessary. He was examined by Mr. Hill, and said the corse was the proper one from Cope Ray. Robert Lindaff, the second mate of the ship examined— His evidence was nearly the 'sine as that of the last two witnesse , . Cross-examined by Sir F. Tnesiger : He could tell Cape Ray from Cape Blanch—at least thinks he could. Don't know any cou!se except where the ship was. Never wait up from St. Pau;'s. It, perhaps may be fifty miles from Cape B'asch to Cain Ray. Toe deposition of a Mr. Mons.y, LI yd's agent on the Magdalen Islands, was then read ; but it related only to what took place after the ship was lost. Mr. W. Grosart, formerly a waster mariner, who made 32 pass , ges to Quebec from Liverpool and Ireland, examined by Mr. Hill. He said Cape Ray was the proper place S.W. to depart from. He never used or saw the deep lead ushil going up. If he got a good departure, he would not take soundings, as he wou ld lose time. These run currents ir.fienced by the winds. No doubt the hand lead could be used near the rock , . If a master got sound hitrs, he would know he was on the bank, but it would not tell him his position on the bank. There might be two or three real ins for the shio going on the rocks on the cur rents, another the attraction from an alteration in the course. I don't know any other cause except bad stirring. In his judgment soundings were not necessary. Would it he p-udent ? I think not. It would be imprudent then ? It would be a waste of time. Court : No matter what the state of the weather at Cape Ray was ? Yea, my lord. Captain Sinnott, who made 30 voyage:: to the gulf was examined. He gave it as his opinion that it would not be proper to use the line, as time would be lost, and the ship would run into the danger sought to be avoided. She would also run the risk of being run into by ships comina down the gulf. It would be imprudent to use the lead for the above reasons. Cross-examined by Sir F. Thesiger : He said he found currents running in all directions, but did not know them to carry a ship more than a mile an hour. Soundings, or trying for them, would indicate the course going, and that would be the only means in a deep fog. Captain Barton, who went to sea in 1803, and made many voyages in the gulf from Liverpool, said he never used the line, nor never heard of it being used by masters. In reply to the court, he said it was attraction or " some thing" that drove the ship on the rocks. Captain Hazelton gave it as his opinion that it would be imprudent to use the lead, lest the ship would be run into. He was cross-examined, and admitted that it was net necessary to lie to heave the lead. William Jewitt, optician from Liverpool, said he repairrd the compasses of the ship and put them in proper order before she sailed. General Sabin proved that a magnetic survey of the coast alluded to was made for the year 1840. 11 proved the chart, and said the variation laid down was incorrect in the chart that was used by Captain Turner. The variation laid on this chart is 23 degrees—it should have been 27 in reference to 1853 or 1855. The date is 185.3 on this chart. Believes the compass was wrong by 61 degrees. The witness was examined as to some scientific voyages which he made, but it did not approximate to the questions at issue. He thought the most probable mode of accounting for the loss was the attraction of the iron on tho com passes. The deviation would be greater in the gulf than at Liverpool, but it would not come on suddenly. To Sir F. Thesiger : Only heard of this case about eight days ago; did not know there was an investigatioa by the Board of Trade. Mr. Evans - was examined as to the variation of the compasses, and gave nearly the same evidence as the last witness. The examination of the two last witnesses was to show that the vessel ran on the rocks in consequence of the direction on the chart used by Captain Turner. The last witness said, in reply to Sir F. Thesiger, that, in the navy, the deep line Wa3 indispensable; and, if a ship were lost from not using it, it would be fatal to the com mander. It was a law to use it, and a very proper law it was. A prudent mariner always considered himself in danger, and it would be most prudent to use the line. Mr. Rundell, from Liverpool, was examined on the same point of deviation of the compasses, as the last wit nesses. He described the deviation of compasses in the Mersey, and where the vessel was lost, and mentioned that the subject was spoken of some four years ago, at the British Association in Liverpool. In reply to Sir F. Thesiger, the witness said, if iron was in a ship covered with salt and soap, &c., it would not alter the attraction. Mr. Hill, Q.C., then addressed the jury on the point, whether the ship was lost by the accident of the seas, or by neglect of Captain Turner. He contended that, from the evidence, the jury must say the ship was lost by acci dent. He went over the evidence, and was proceeding, when he was interrupted by the jury, who saki they were THE NORTHERN TIMES.-LIVERPOOL, MONDAY, JULY 6, 1857. of opinion that the ship was lost by accident. This ap peared to create surprise in court. Sir Frederick Thesiger then, in strong terms, spoke of the opinion just delivered by the jury, and contended that the ship was lost by gross ignorance and neglect of the captain, who, on his own showing., was totally ignorant of the navigation of the St. Lawrence. He contended that it was monstrous to say from the evidence that the loss arose from accident. He went over the evidence given on both sides, and repudiated the notion that the ship was lost by aocident. He dwelt considerably on the non-use of the lead—line, and characterised it as a most vicious practice, - and that there was no excuse whatever for the conduct of the captain. He said it was a question of great public importance, and but for the fortunate cir• cumstance of the passengers being saved, there would have been a general outcry against the captain for his ignorance, by which so many lives would most undoubt edly have been sacrificed, had not Providence, and a kindly touch of the helm. prevented the dash of the ship at once upon the rock. His observations to the jury for having expressed such an opinion at that stage of the proceedings, were very strong, and he told them so, as he said he was warranted in using strong language, for if ever there was a case that was proved, even by the wit nesses for the defence, and by Captain Turner himself, the present was the strongest and most conclusive case that ever came before a jury. The witnesses who were examined on both sides, proved beyoad the shadow of doubt the ignorance and neglect of the captain, and he could not help saying that it appeared to him very strange how a jury, in the face of such overwhelming evidence could arrive at the opinion just expressed. He concluded an able address, by telling the jury that he had done his duty, and was fully warranted in using strong language. He then put the point to the court, to leave it to the jury, whether the captain had acted properly, with regard to the cargo, after the ship was lost. Lord Campbell, in a very lucid manner, then charged the jury. He told them that there was no doubt what ever, if the ship was lost by ignorance or neglect of the captain, that the owners were to the plaintiff for the amount of his loss. If, on consideration of the case, they had come to a hasty conclusion, in expressing the opinion they had already given, they need not be ashamed to acknowledge the mistake; and it they believed the evi dence, that the ship was lost by neglect. they should cer tainly[and a verdict for the plaintiff. If the evidence con vinced them that the loss was an accident of the seas, of course the verdict should be for the defendants. He called attention to th positive and scientific evidence in the case, and then left the question agnin to the jury, to say if they thought the loss was through pure accident, or from the cause of neglect and ignorance of Captain Turner. The jury again said their opinion was that the loss was accidental. His lordship then put the question of whether the captain had acted properly, after the ship was lost. in regard to the cargo, &c. ? and the jury said they were of opinion he had acted right, under the circumstances. It was stated that a new trial would be moved for, on the ground of the verdict being against the might of evi dence, and the direction of the learned judge. Attorney for the plaintiff, Mr. T. Browning; for the defendants, Messrs. Sharp, Field, and Jackson. The case lasted from ten iu the morning till eight in the evening. POLICE COURT-S.AT CRDAY. LIVERPOOL. BEFORE MR. MANSFIELD. A Buren ATTACK UPON A FEMALE.—A specimen of human depravity in the shape of a man, whose name was entered on the charge sheet as John Parkinson, and who resided in the locality of Greenland -street, was charged with violently assaulting an unfortunate female named Mary Browne. The inspector who had the case, stated that the female who had been assaulted was not is atten dance, because he believed the parties in the neighbourhood would not let her attend. A person by the name of John Ellis, respectably dres.ed, stated that about half-past three o'clock on the previous afternoon he was in Greenland street, when he SKW the prisoner most shamefully illtreeting a female. He saw him strike the poor woman and knock her down, and then drag her across the street. He could not say hether he kicked her or not, but he saw him lift his foot, but he would say that he never saw such brutal treatment in his life. Having seen the assault be gave the prisoner in charge of the policeman. Mr. Mansfield : What have you to say to this charge. The prisoner : I can't keep the girl away from me. She will be always after me night and day. She will not let me alone. Mr. Mansfield : It is dastardly and cowardly for a man to strike a woman, I shall order you lo pay forty shillings, or you must be committed for two months. THE WILLIAMSON-SQUARE AMAZONS.—Two young ladies, the one dressed in accordance with the present style of female fashion, and the other in a loose light morning dress, were charged by Police-constable 576, with fighting and creating a disturbance in Williamson-square. They gave their names as Miss Church and Jane Jameson. Miss Church said, in answer to the charge, that she had just left one of the concert-rooms in Williamson-square with two gentlemen, when the other prisoner attacked her, and the police-constable came np and took them. Jane Jameson said that she was walking along, when the other prisoner (Miss Church), with three Otho. g , eqqually fashionably affixed, attacked llar, and that all infee of them were about her at one time, so that she had not the power of making any resistance. The Police-constable : Hearing a great noise, I went up, and saw the two fighting together. Mr. Mansfield : Such conduct is truly disgraceful —two females fighting in the street. I shall commit you both for one month. ONE OP Tnio O'CALLAanAWS ; OR, THS EFFECTS OF HAVING Two Wives - A decent-look ng man, apparently about forty years of age, and who gave his name as Trade O'Callaghan, was charged with creating a great row, and destroying a quantity of domestic utensils, in a house in Gloucester-street, and assaulting his wife. The police constable who preferred the charge stated that he took the prisoner into custody for creating a row, assaulting his wife, and breaking a quantity of goods. The wife of the prisoner was called for the purpose of substan tiating the charge that had been made, and according to her statement, it appeared that she had been married to the prisoner about four years, and they had been living in Nottingham, but since their marriage she had been com pelled to leave hits , several times, has ing repeatedly had to carry, as she stated, " two pair of black eyes." At last they had agreed to separate, the prisoner promising to give her £5 upon her gsing to her father and mother in Dublin. This she agreed to do, when the prisoner insisted upon her goingbefore a lawyer to have a proper settlement drawn up. They did go to a lawyer, but he would not have anything to do in the matter, and therefore they went to a clergyman, where the matter was arranged, and the prisoner gave her the £5 to go home to her father and mother. Mr. Mansfield : And did a clergyman do that for you? He did, and last night I left Nottingham for the purpose of going to Dublin and came to Liverpool ; the prisoner followed me, and when at the place in Gloucester-street he asked me to go back to Nottingham and live with him again. I trld him I would not, but would go hsme, when he attacked me most shamefully and was given into custody. Besides, your honour, he has a wife living in Ireland now, and I have letters from her, but I did not know it when I was married to him. Mr. Mansfield : When were you mar ried to him ? Wife: About four years' ag eat St. Albion's Church, in Derby. I have not lived with him the whole of that time, because he has so ill used me. Sometime since I heard that he had a wife and four children in a place in Roscommon, and after that I did not wish to live with him again, and was going home to my parents in Dublin, after he gave me the £5 to do so. The wife pro duced some letters from his former wife, and the prisoner was remanded for seven days, in order to get up the necessary evidence to prove a case of bigamy against him. A SEA ROBBICK. —John Salthouse, the second mate of the ship Scotchman, which arrived in Liverpool from Quebec on Friday afternoon, was charged with stealing a pair of brown cloth pants, and other articles of wearing apparel, the property of one of the sailors on board the same vessel. One of the officers of the Customs stated that he had been requested, while searching the ship, to pay particular attention to the clothes, and had been informed that one of the sailors had lost certain articles. In a bag belonging to the prisoner, he found a second small bag, in which was secreted the pants, and other articles produced. When I.* discovered them, he asked the prisoner whether they were his, and he replied that they were answering the description of those he had been told to look for, and the sailor saying that they were his, he gave the prisoner into custody ; but before doing so, the prisoner offered him a bribe to let the matter drop, and that he would make it good. The sailor to whom the clothes belonged identified the property, and stated that they were stolen from him about six weeks since, and that the first mate had ordered a!1 the sailors' property to be searched. Mr. Bluck addressed the bench for the prisoner, but he was eommitted for trial. A LAZY BRUTE.—A great overgrown, fat, and bloated looking fellow, who gave his name as John Burchell, a dock labourer, was charged with assaulting his wife, rather an interesting-looking young woman, with an infant in her arms. The poor creature said that the prisoner had repeatedly assaulted her, and that for the last ten weeks he had done no work, but spent his time drinking in public house's In his defence he stated that he had looked after work, bat could not get it to do. Mr. Mansfield, in com mitting him for one month, said there was plenty of work about the docks, if he was not too lazy tb do it. How THE NEW WATCH AND MR MOREY NV/MT ! TWO females, Ann &Donald and Ann Hughes, the former the . _ keeper of a lodging-house (a low house of ill fame) in Peter-street, were charged with stealing a silver watch and upwards of £2 103 from a sailor, who had just arrived in this port. The complainant's history of the affair was very brief. He said after he tc his Pay, he purchased a watch, and then accompanied by a "Pung lAdy " in black, he went to O'Donald'e house; from there he went to a public house, accompanied by his female friend, in black,-and O'Donald ; then, after having some drink he fell asleep, with Miss O'Donald's arm round his neck. When he awoke he found his watch and his money gone, as well as all his fair companions. He then left, and after a consultation with police constable 599, they went to Mr. O'Donald's house together, and upon their arrival they heard a voice call out, " The police," and then it was that Mrs. O'Donald slipped a piece of paper into the other prisoner's hand —that piece of paper proved to be the pawnbroker's duplicate for the watch, which had just been pledged at Mr. Spencer's pawn-office in High field-street. Mr. Bluck appeared for the prisoners, and addressed the Bench, but his eloquence had no evail, and they were both remanded until the lady in black was taken. A "RESPECTABLE" MARRYED MAN.—John Cartwright, said to be a printer, living in Cow-lane, Wavertree, was charged by Alice Crosby, a servant out of place, with having committed an indecent assault upon her at ten o'clork on the previous night. The girl, who appeared exceedingly modest, stated that on the previous evening she was going along Paddington when she met with the prisoner. He asked her to go to the theatre, but she refused, saying that she was going after a place. She did go to the lady's house, and he accompanied her. After she left, the prisoner told her that he was going home (they both lived at Wavertree, and he would take her the nearest way. After walking some distance, she found herself in Price's-street, Everton, a lonely place, where the prisoner attempted to commit the offence with which he was charged. She, however, ran away, and soon after seeing a policeman, she gave him into custody. In answer to the prisoner, she said she had known him for four years, and that he was a married man. she also admitted that some months since she had consent ed to his wishes, but denied that she had done so on the present occasion. The prisoner admitted that he had made the attempt, but stated that it was not against the wishes of the prosecutor. The prisoner was discharged. CHARGE OF EMBEZZLEMENT.—Matthew Chester, a respec • table-looking young man, was charged with embezzling and obtaining various sums of money, the property of Mr. James Feeney, ship store dealer, of Castle-street. Mr. Rymer appeared to conduct the case for the complainant, and Mr. O'Donnell defended the prisoner. From the statement made by the solicitor, it appeared that in the month of April last an agreement was drawn up and signed by the complainant and the defendant, to the effect that the lat ter should be taken into partnership with the former for twelve months, and that the business was to be conducted under the name of Feeny, Chester, and Co., but that the latter was to have no share in the profits, but was to con duct the business in the Regent-road at a regular weekly salary. The complainant alleged that the day after the agreement was signed, he having understeod that the de fendant had before been charged with embezzlement, had it disannulled, but kept him in his employ. On the 13th of June, the prisoner went to Mr. Davis'e, in Canning-place, and asked for the loan of 405., for Mr. Feeny, statiug that he was going to the Custom House, to pay some dues, and gave an I 0.U., signed Feeny and Co., for the amount. After that, the complainant dismissed the de'endant from his employ altogether, for not accounting for some money he had received, with an order that he should never go near the premises again ; but seven days after he had been so dismissed, he went to Mr. Gough's, a butcher, in Dublin-street, and received 4as. on account, and gave a receipt, signed " Feeny and C 0.," for the amount. Mr. Davis and Mr. Feeny having been exam ined to prove the above facts, Mr. O'Donnell argued on behalf of the defendant, that the charge of embezzle ment could not be sustained, as there was the agreement of the partnership. Mr. Mansfield was of opinion that the obtaining the money of Mr. Gough, after he had been dismissed, was an obtaining by false pretenses; but as Mr. Gongh was hot present the prisoner was remanded for a week. At the request of Mr. Feeney, however, he was admitted out on bail, by ectering into h•s own recognisance to appear. [We are authorised to state that this case was eventually settled, by the mutual cancelling of the deed of partnership between the parties.—Eo. N. T.] BEFORE MR. BEGIN AND MR. SBEIL. THE "TOUTING' SYSTEM AGAIN.—While the above gentle men were hewing the town cases in the second court, Mr. Goodere, evidently labouring under much excitement, said, addressing the bench, he had g - eat cornpla'nts to make of the system of "touting" that was carried on in that court, snd particularly of the conduct of Mr. Cobb, an attorney. He said he had been applied to by a Mrs. Ellen M‘Kay, before coming into the court, and it was with surprise that he saw her in communication with Mr. Cobb. He was astonished that Mr. Cobb should, after the warning he had had from Mr. Mr. Mansfield, act in such a manner. He did not speak of it or him for his gentlemanly conduct, but as a professional gentleman. But he did not intend to let the matter rest, bet would take it before the Law Institution. He would also go to the Mayor, and inform him how snits were takin ,, out in the Court of Passage for 15s, and the plain tiff had to pay 11s for taking out the process, which costs only ls. Tie did not eaxe for the nrantiee in that nnnrt. where cases only got about 14 but he contended, in principle, that the touting system was unfair. Mr. Cobb said he had taken the brief from the woman's own mouth and he thought that his petition was not to be envied in that court if he was constantly to be subjected to the at tub of Mr. Goodere ; but he had no doubt that, while he (Mr. Cobb) conducted himself as a gentleman, that the bench would give him the support he deserved. To Mr. Goodere he had always behaved as a gentleman and a friend. Mr. Goodere : We have nothing to do with private affairs here. Mr. Cobb considered that he had a right to refer to them. Mr. Goodere hoped Mr. Cobb would confine himself to the question. Mr Cobb: With regard to the case, Mrs. M‘liny had retained him, but if she liked to say that she had not done so, and wished to have the services of Mr. Goodere, he would give up the brief and the fee that he had received. Mr. Wyberg : That is a sufficient answer to Mr. Goodere's charge. Mrs. M'Kay, who was in court, remained silent. Mr. Goodere again asserted that the " touting" system that was carried on in the court was most disgraceful, and that Mr. Dodd had been most grossly insulted since he made the first complaint about it. Mr. Cobb, said it appeared that his practising in the court was objectionable, but as there was a right in volved in it, he was determined to assert that right. Mr. Goodere said, that Mr. Cobb had no right to use illegiti mate means. At this juncture of the conversation, the Court intimated that they did not see any reason to interfere, and cDuld not have their time longer occupied with it. Mr. Goodere, having stated that he considered he had only done his duty, left the court. CORONER'S COURT. On Saturday, Mr. Curry, the borough coroner, held in quests on the holies of the following persons : Michael Duffy, who got a living by vending matches tO)nut the streets. He lived in a court off Great Cross. hall-street. On Thursday last he went into the Australan hotel, in that street, for the purpose of selling his matches, when he fell down, and expired before any assistance could he rendered him. Verdict, `• died from natural causes " On the body of John Scott, a child only four years and a hilt' old, who died from the injuries he had received by a lorry in Fox street. The poor little fellow, who was the son of Mr. Scott, of the deective department, was swing ing behind a lorry, in Fox-street, when either his dress or Ifs leg got between the spokes of the wheal, and he was so severely injured, that after lingering in the greatest agony for several days, he died. Not the slightest blame was attributable to the driver of the lorry. Verdict, " Acciden tal death." On the body of David Glenn, aged 58 years. The deceased was employed at tar. Ropes ice manufactury, is Kitchen-street. On Thursday night, he and another man named M'Gravy went to close the iron door of the manu factory, when it fell upon the deceased and killed him, The door was very much out of repair, and it rcquired the assistance of se►eral pers3ns to close it. Verdict, " 1 ecidental death," On the body of an old lady named Isabella Stewart, aged 75 years, of Spence-street, Everton. From the evi dence it appeared that the deceased fell down stai►s and died almost immediately. Verdict. "Accidental death." On the body of Itachael Latham, the wife of Mr. Latham, the relieving-officer for Toxteth Park. From the evidence of the sister and the husband, it appeared that the &ceased will in the habitof taking laudanum for medicinal purposes, but on Friday night she took a much larger quantity than usual, and died from the effietF„ The Coroner expressed a hope that the circumstance, painful as it was, would be a warning to the husband, and that be would stop, in time, from hip present mode of living. On the body of Robert Corbett, the door-lrePper of the Clarendon-rooms, South Johr.-etreet, who died at an early hour on that morning. Jane Corbett, the wife, stated that the deceased went to bed at the moat hour on Thurs day night, hut on Friday morning he complained of being unwell, and she get up and opened the door. After that she gave him some gruel, and he vomited very much. She subsequently gave him a little brandy, but finding that he did not get any better, she sent for a medical man, who gave him a draught. After thqt be felj asleep and did not awake again. He died at four o'clock that morning. A man named Anderson deposed to visiting the deceased on the Friday, and finding him perfectly insensible, and at night he stayed with him, and was with him when he died. In conseqnence of the death being so sudden, the Coroner dirdeted a post mortem examination of the body to be made, by Mr. Galloway, the result of which showed that the deceased died from an infusion of blood on the brain, brought on by excessive drinking. Verdict accordingly. BIRKENHEAD, LANCASHIRE, AND CHESHIRE RAILWAY COMPANY. the company hal no control. As the inquiry came from gentleman who was warmly interested in the affairs of Manchester and its neighbourhood, he scarcely knew what that proprietor was drivin g at. Rev. Mr. BIRLEY : I have nothing to do with Man ch es' er. SPECIAL MEETING ON SATURDAY. A special meeting of the Birkenhead, Lancashire, and L Cheshire Junction Railway Company was held at the station, Cathcart street, Birkenhead, at two o'clock on [ Saturday, for the purpose of submit ing to the proprietors, for their consideration, a bill now before parliament to authorise the company to purchase or hire steamboats, to stop up part of Canning-street, Bit kenhead, and for other purposes. The chair was taken by Wire. tAn TIT II eRINGTON, Esq., chairman of the company. There was but a thin attendance of proprietors. The Secretary, Mr. JOHNSTON, read the notice convening the meeting, and Mr. J. B. Lloyd, solicitor to the company, read the heads of the clauses contained in the bill passing through parliament. The Clierames said the proprietors were probably aware that that was the meeting convene I under what was called the Wharneliffe order, before proceeding to the House of Lords. The directors reseitel permission to prose'ette the bill at the last half-yearly meeting, when, he believed, there was not one single dissentient. They had carried it so far through the House of Commons —not without some opposition—but chiefly from parties interested in land in the neighbourhood of Canning street. He thought it right, under the present circum stances, to state, that with regard to the great bodies the directors had to deal with—the Birkenhead Commis sioners, the Corporation of Liverpool, and Price's trustees —these b )(lies had acted a very fair, and honourable, and straightfsrward part towards them. (Hear, hear) The directors had no difficulty in coming to what they con -1 sidered an equitable and fair arrangement for the company, i protecting, of course, what they considered to be public rights. 'they had come to arrangements which he thought would be satisfactory to themselves and beneficial and advantageous to the public generally. He thought it was only just to state that this was the case, considering that so much had been said upon another matter, on which, perhaps, some of those present might desire to put some i questions by-and. bye. He -hould be glad t o answer an y iproprietor wbo might wish to ask any questions as to the effect of the bill upon the affairs of the company. The directors considered the crossing of the river as an essential part of the line ; for although the railway ended, in fact, at Birkenhead, they conceived that its real terminus was at Liverpool. (Hear, hear.) They had had so much difficulty, misunderstanding, and disagreement with the commissioners, in the manag ment of their traffic across the river, that they thought it desirable, for the interests of the company, such a bill should be brought in, and carried successfully through parliament. It would be very much to the advantage of the cnmpany in its future ' development and prosperity, and he hoped that if the present meeting approved of the step, the directors would have no further difficulty in carrying it to a successful issue. Wtth these few remarks, he proposed a resolution to the effect that tee bill jut read be approved of by the proprietors. Mr. BENNETT seconded the motion. The Rev. Mr. BIRLEY thought th at reso l ut i on requ i re d Ithe proprietors to give their a s sent t o t h e exerc i se , on th e part of the Beard of Directors, of certain powers, in regard Ito which he was not aware that the proprietors had no in -1 formation whatsoever. There were matters of considerable importance, as regarded cast, involved in the re f solution and the bill itself. He should like to be informed as to the money particulars. He wanted to know, if the meeting passed the resolu tion and adopted the bill, thus giving to the directors authority to raise a considerable amount of money, what probable sum of money the directors would require ? As a general principle ho thought it must be under very exceptional circumstances that railway proprietors should become at the same time proprietors of steam-boats ; and certainly, as a matter of principle, he thought it extremely bad to allow any board of directors to have unlimited con trol of capital. As, unhappily. he entertained certain views with respect to discretion, ,judgment, and provision of a large majority of the Board, he should object to th sir having any such power in their hands, unless where he was fully satisfied it was justified by the circumstances. He should like, in the first instance, to ask what was the probable amount of money to be expended in the purchase of steam-boats and flats, and what were the terms to which the directors had come in any arrangement with the Bir kenhead Commissioners, which made it desirable to do away with the bridge in Canning street The CHAIRMAN said the honourable proprietor was quite in order in desiring the information, and he believed the directors were quite capable of satisfy ing him in every particular. At the same time, if the meeting welted to go into a detail of the arrange ment, he should remind them that it was a part of a very large measure. The directors had a contract with the Birkenhead Commissioners, which had been in exist ence for years, to convey the traffic of the line across the riven The n.wansomorit with. tiao CouicrieS3iutleres won A very complicated one, and it had not worked satisfactorily for the Company. Where the blame should rest, he was not prepared to say. The Board thought they had rights under the agreement which the Commissioners hitherto had withheld ; and the Board, as a Board, had not dared hitherto to come forward and maintain their rights under the agreement. The Commissioners had not, in the opinion of the Board, carried out the agreement faithfully, and to the full extent. This had been a matter of deep considera tion with the Board for months—almost for years—and after much deliberation they had come to a decision, that for all purposes connected with the Company, it was batter the agreement should be put an end to, by an arrangement which would involve the taking back of the Monk's ferry, and that property shutting up Canning-street, and enclosing the land. The amount involved, was (capital and interest,) A:22,000. He felt satisfiel that the directors were entering into a wise and judicious arrangement, not only as a mere matter of money, but also as regarded the quick transit over the river and the general well-being of the line. It you'd affect not only passenger but goods traffic. When it was remembered that they passed 600,000 passengers in the year to and from Liverpool, and that th;e traffic was liable to be checked or delayed, the meeting would see the importance of the question. The Rev Mr BLU' said perhaps he had not expressed him self clearly, and he could save the chairman from the trsuble of entering into so many details. He had no doubt that the management was advantageous for the conduct of traffic. What he asked was, how much was the amount of capital involved—the responsibilities of the Birkenhead Coca mis sioners to the company—and the responsibilities which the company had thought proper to take from the Commis sioners to themselves ? Rev. Mr. BIRLEY : Is there any understanding that the expenses should be borne equivalently? The CHAIRMAN said the directors had acted like prudent men, and made such arrangements as they thought would ward from the company a considerable portion of expense► in maintaining what they conceived equally concerned their interests. Mr. OLlveit asked if what was done was the act of the board or of the chairman ? The Chatem.ax : The act of the board distinctly. I have not assumed any right as chairman. I have not even assumed the rights which, as chairman, I might have done Mr. BANCROFr said the chairman had remarked that the board was not prepared to allele ineorrezt plans, and in 2" proper arrangements, to be carried into effect in the con' etruction of docks at Birkenhead, unless something were obtained in the form of an equivalent. Now, in order tO correct this, which he ha I no doubt yes a mere tapszes Zieguee, he thought it necessary to make one or twa observati us. The board was never prepared to sacrifice the interests of Birkenhead in respect to plans, for at*: consideration which could be given in return. The board considered that the plans must involve the vital and per' manent interests of Birkenhead, and that if plans upon et, l i ile) reect principle were ad m itt e d, th e (37,1 result could perhaps never be repaired. As to the expense; incurred in promoting the C‘ nservancy Bill, the chairman had truly stated that the company had a direct and obvious interest in the construction bill. A general resolution vent passed, at the half-yea - ly meeting, authorising the Board to take such steps in parliament as they might think fit tO defend and promote the interests of the company. fo carrying out that resolution, and exercising the best judgment and precision they could exercise, the directors deemed it their duty to promote what was called the Conservancy Bill, and foe this simple and obvious r e ason • —lt had become apparent to the Board that there was 0° hope whatever to be entertained of anything like fairnes s towards that side of the Mersey, so long as the w hole, affairs of the Mersey were in the ha n d s o f t h e C orpora ti o n el Liverpool. They, therefore, thought it absolutely necessary to seek for an independent trust, which would act for boat sides of the Mersey, and promote the commerce of th e Mersey irrespective of Liverpool and Bi r k en h ea d— E scort in fact, as a national body The object of the bill W BB to create such a trust, and he maintained that the directorg had been taking the most decided and effective measures for promoting the present as well as the ulterior an d permanent interests of Bi r k en h ea d i n see ki ng to get su ch a body constituted. (Hear, hear.) They were quite clear about than, apart from Manchester or any other local interests whatever. They had incurred some expense , bat it was a limited expense compared with the magnitude of the object. That expense would have to be borne by the company, they m'glit be told at once. There was n) reason for disguising it. He was quite certain that the results would be such as to show that the money had been well spent. (Hear, hear.) The CH IIRMAN expressed some difference of opinion with respect to the first part of Mr. Baecroft's remarks. Ile maintained that the directors were willir g to make some concession in regard to the plans, provided they get all equivalent, and that the c. , ncession did not affect 09 principle, or admit plans actually injurious. After some further conversation the subject dropped. The proceedings then closed with a vote of thanks to the chairman. NEWRY, WARRENPOINT, AND ROSTREVOR RAILWAY COMPANY. An extraordinary meeting of the proprietors of the Newry, Warrenpoint, and Rostrevor Railway Company was held, at twelve o'clock on Saturday, in the Clarendon Rooms, South John-street, in accordance with the standing orders of the House of Lords, for the purpose of considering " a bill to authorize the Newry, Warrenpoint, and Rostrevor Railway Company to extend their railway at Newry and ati Warrenpoint, and to enter into arrangements with the Newry and Enniskillen Railway Company ;" mid " a bill enabling the Newry and Enniskillen Railway Company 9 construct their railway as far as the city of Armagh, an• changing the name of the company." The chair was occupied by Charles Holland, Esq. Mr. WUATELY, solicitor, having read the marginal note , explanatory of the clauses of the bills, The Climax/ix moved that the bills be approved, subject to such alterations as to Parliament shall seem meet. Mr. LUPTON seconded the resolution, which was unani mously adopted. The CHAIRMAN observed that, with the passing of the bills, he trusted to see a new era open for the line. -0 was informed by Mr. Lupton, who had just arrived from Newry, that a deep wa t er channel up to Warrenpoint ha" been discovered, and in that event Warrenpoint was likely to become one of the most important ports in Ireland. The meeting then separated. The CIIAIRMAN said the directors considered that £3,000 had been wasted upon the bridge across Canning -street. It had been literally wasted, money thrown away ; and there was no doubt that if they proceeded to conduct the traffic of the company without Canning-street being stopped up, the Board of Trade would be applied to eventually when the traffic increased, and they would have to construct a bridge again at an enormous expense. He, therefore, thought they were only acting judiciously in obtaining powers to close it up. Rev. Mr. BIRLEY d'd not question the policy of the Board, but he wished to know what would be the cinnge of capital, and what was the amount of expenditure con templated by the board in obtaining steamboats. The CIIAIRMAN said, in their arrangements with the commissioners they had one steamboat built expressly for railway traffi3. They should want two steamers more to build or hire—no doubt they should decide to build or purchase them. They put them down at £7,000 each. Of course, there would be the expense of conducting them. £BOO or £lOOO a year for each steamer. They had gone into the traffic accounts, and they were satisfied they would have an advantage even in a pemniary point of view. At present they paid the commissioners a very large sum of money. The Rev. Mr. BIRLEY asked if it was likely there would be an outlay of £50,000 or £100,000? The CCIATRMAN : Oh, no—l should say not at all. The Rev. Mr. BIRLEY : Can you approximate at all to the probable amount ? Mr. BANCROFT thought £25,000 would be the very out side. LOSS OF THE BARQUE ONTARIO OF LIVERPOOTI, Last night, just before twelve o'clock, the r'ports of two guns, fired at an interval of about a minute, w ere heard. On proceeding to Mount Wise to ascertain the cause we were informed by a number of persons assembled there for the same purpose, that the guns were fired from H.M.S. Implacable, lying in the Sound, and that a blue' light bad also ben exhibited on board the same shill' Whether such was the case or not wN are unable to say, and have not, up to the time of going to press, gathered of information to explain the occurrence. Mr. LLOYD said it was only permissive. The CHAIRMAN thought the actual amount of money laid out would be under £20,000. After some further conversation the resolution was passed. _ _ Since going to press tri.3 find that the barque Ontario, of livorpooi, 690 tons, struck on the rocks at the west end of the Breakwater, within a few yards of the Lighthouses and went down by the stern with all sails set. The evil escaped in boats and went on board H.M.S. Implacable, the sound, the c tptain of which ship rendered ever/ possible assistance. The barque is now full of water, with every probability of becoming a total wreck, flow she came in such a position, with the Lighthouse only a shor t distance from her, ia , certaiuly, a ;ratter of great surprise' This accident will explain the firing rjerred to a bove. Devonport Independent of Saturday. - The CHAIRMAN said he should now be happy to answer any question which any gentleman desired to put. The Rev. Mr. BIRLRY called attention to the Mersey Conservancy Inquiry, which he remarked had lasted, he believed, thirty-five days, and involved an enormous expense. It might be all very well for Manchester and the manufacturing towns to fire their shots at what were supposed to be the rights of the Liverpool Corporation, but he wanted to know whether that Railway Compa n y was in any degree involved in the expenses of the proceeding. He was not aware that upon any occasion the assent of the shareholders had been given to the expenditure of their money in fighting the battles of Manchester, and the manufacturing towns generally. _ . , Cisn AHD DER la ( o w x i i l l e s n .-- c T u he ha n v ext prof o ta; , :tt thing to the ew er is it) to remarks apply saafppellyy, to deed The CHAIRMAN considered the question quite in order see after the invitation he had given to any one to make an mon of cash is, how l the counting-house or at home . y Tll go 't inquiry. The proprietors, however, would be good enough and )th t er b : t a i l i nable documents. We have seen a large and var i .,7 to bear in mind that the Board, in the exercise of what stock.T. of bo t h of tLi o es u e th detrable t artna l , la Ta c r a tictured expressly for they considered a wise discretion, believed it necessary to and possess pa V;t maintain the righis of the company—the vested rights, he boxes are made on new and admired principles , might call them, of Birkenhead in its docks—as they were lock s, which defy the ingenuity of any To in p the world I °pea, e34:ept with the legitimate key. To merchants, solicitors, 4 4 proposed to be made, and as they ought long since to have ' others, these new safes , on a Small scale, must preys valuable /lac en completed, but for adverse circumstances over which —Northers Daily rif/e1;, 2181 Mal, 1847. The CfUIitHAN said, the Blvd came to the determina tion to go to a certain extent in opposing what was called the Construction Bill, between the Liverpo 1 Corporation and the Docks of Birkenhead. The Construction Bill contemplated making docks, and other arrange ments, which the Board considered hostile and adverse to the interests of the company, unless certain advantages were concedes to them which they thought they had a right to have on secount of what they consi dered the vested interests of the railway and the docks of Birkenhead. When they came before the committee of the House of Commons the chairman of that committee inti mated to the promoters and opposers of the bills that the committee intended to exercise the discretion which the House had given them of selecting any one of the billet upon the list for their consideration in the first instance. Tho bill first in order was the Construction Bill ; but the chairman, Sir James Graham, intimated to them th it the committee would first take the _Mersey Conservancy and Docks Bill, as that bill involved a principle which would guide the committee in its decision upon all the others. Therefore, they had no alternative. They were either put out of court, according to the technical term, or they must main tain their rights and position on the Mersey, upon the con sideration of the Mersey C onservancy Docks Bill. That bill occupied the committee, not as the honorable proprietor had said for a period of thirty-five days, but for, he believed, twenty-four or t wenty.fi re days, and no doubt considerable expense had taken place. He could not tell exactly the amount. They were not committed to any amount of expenditure, and he hoped the amount won.' I not be so large as the honourable proprietor had intimated, and, probably, made the shareholders fear it would be. There was a provision in the bill for their satisfaction and comfort, that, in the event of the bill becoming law, all the expenses of and incidental to the passing of the act, and the carrying it into effect, should be defrayed by the board not out of any moneys for the time is their hands. Therefore, if the bill passed safely through both houses of parliament, provision was made for the ex enses incurred, for the question had been treated as a matter where there was violation of a trust—a trust not faithfully discharged. Pro vision, therefore, had been made for defraying the expenses out of the trust fund. At the same time he should say that the present was not the moment to enter into those questions. lie thought he would be consi lered more in order if he were to defer their consideration until the half-yearly meeting. At the present there was no expen diture to the company beyond the personal expenses of the directors.