The Express.
London, England, 1855-05-10 00:00:00

IF

only the mean of petting an end to the naval preponde-
rance of Russia when it should already have reached the
proportions of en intolerable an
but tad in no way
to make it cease in a pervasion .% ,and la the ordi-
nal state of things.
Prise, Gortchekoff answers that combined as it was
with the principles to which he eutheribed, aid which
teeth to plus the Sublime Porte under the proteetion of
the public law of Europe, and to respect Its indepenelesee
and its territorial integrity, his project Deems to hthe to
reuse the value of • complete work.
M. Drouyn de Lbuys states that the solutiest
France would wish to see effected would have bees et&
colleted to obviate the danger, from whatever side it millet
arise. At present the only question is to seek guarsallthel
against the (Wagers which menace Turkey on the aide tell
Russia. It is not enough to devise means eventually to pot
an end to the conflict when it has already briskest
out ; it is accessary to remove the possibility of • mallet,
seine every coollict disturbs Europe. The new Ruston
project, allowing the insquality of forces in the Black 11511
to remain, only asthres Europe with respect to the belle of
the misendentendings which may arise. With the object{
of obviating the possibility of this, Fusee has proposed es
engagement to insure respect for the tenitorial integrity of
Turkey. This engagement, to which Roue' refuses its
assent, was a guano's' for the Sublime Porte, more im-
portant than the help which is prospectively offered to bee;
for if the Russian fleets powerful, the form to blareee
to it will he even mire emoidenble, sad if it be the
kelp it will be able to bring ',Must be effective.
Prince Outchakeff states that the counterpoise to the
Busies preponderance would be coatained in the power of
the Sultan to call to his assistance foreign fleets. and that
the most soli, guarmitee for the territeriil integrity and in-
dependence of Turkey is contain, d in its admission into the
jump...mem ; the, on the other hand, the existence of
a formidib.e Russian fleet in the Black Sea ie, in his eye*,
soon loon essential both to the balance of power in Emetic
sad to the independence of the Part.. However, he takes
envision) of the opinion expressed by the Austrian Minister
for Foreign Affairs on the new Russian proposition,
expressing the hope that the Plenipotentiaries of
France and Great Britain, whoa' instructions be much
regretted to find did not permit of their taking part in
the discussion, will submit it to their courts, and be does not
doubt that the Ottoman plenipotentiaries would too well
appreciate its importance and its advantages, not imme-
diately to ask the Sublime Porte for instructions on this
subject.
M. Incoun de Lbuys agrees with Coant 800 l that the
Russian project is not • baste, and that it contains at most
an *lucent, inasmuch as the principle of closing is preferable'!
to that of opening. Such as it is, his instructions do not
allow him to take Innis the discussion, neither will he con-
sent to take it to Paris.
Baron Bourqueaey states that tha position is not modified
by the new propositions, and wishes it to be enderstood
that the silence which they voluntarily impose upon them•
eaves should not be taken for adhesion.
The Earl of Westmorland expresses a similar opinion.
Id. de Tacit remarks that it appeared to be forgotten that
the third guarantee had for its object to put an end to the
Maritime preponderance of Russia in the Black Sea,
strengthening at once the independence and the power of
self-government of the Port. This double object seems to
him better secured by the Ranieri project than by the prin-
ciple of limitation maintained by the opposite party, so
that Rusin, if she had the ambitious plans which are im-
puted to her, would even have reason to prefer a certain
limitation, resulting practically from the state of things, to
a combination which opens the Black Sea to foreign fleets as
goon as the Sublime Porte should consider bench menaced.
The plenipotentiaries of Austria having said that it was
for that reason that they would have wished to me adopted
the plan of • direct understanding to be arrived at in the
conference between the sea-bordering powers, on the reci-
procal limitation of their naval forces, Prince Gortchakoff
declares that it is one thing to appreciate the practical value
of • direct understanding respecting a reciprocal limitation,
as de Titoff was the first to do, but another to force
upon Russia this limitation by means of • negotiation in the
confenace—a Course which appears to him impracticable,
and which the Ottoman plenipotentiaries hays moreover
declined.
Drouyn de Lbuys lays claim to having originated the
plan of a direct uwlerstandieg, adding that Ash Pacha had
not objected to the form in which he himself had proposed
it, but that he was only opposed to an understanding being
come to out of the conference, as contrary to the reciprocal
engagements contracted by the allies.
Prince Oortchakoff recall to mind that M. de Titoff bad,
on his part, adverted to the difference existing between dis-
clueing and definitively concluding.
Asti Pacha states his opinion that the third point having
been adopted in common, the basis of the arrangement
which is to bring about its solution could, in the same
manner, not be settled except in common and in the con-
ference; that direct negotiations with the Russian plenipo-
teatiariee on the subject of this point would be contrary to
the reciprocal engagements contracted between the Allied
Powers ; cod that it is only with reference to the details
that recourse might be had to the mode here proposed.
M. Drouyn de Lbuys states that his plan embraces the
three essential points of view :-Ist, to embody the guaran-
tee of the allies in the general treaty ; 2nd, to give to this
guarantee the form of • distinct undentanding between the
sea-botheeing powers; and lastly, to prevent soy of the
allies from entering into • separate arrangement.
Count Boot having in conclusion taken cognisance of the
two principles contained in the proposed article'', rtill.Ao
Gortelielouif remarks that it must not be forgotten that these
two principles were intimately connected with the adoption
of the whole plan which he proposed.
Baron Prokesch having recurred to the question as to the
sense to be attached to the gusrantee granted by the con-
tracting powers to the Sublime Porte, M. Drouyn de Lhays
states that he has already pointed out the want of solidity in
the goarautces offered by Russia on her part to the Otto-
man Empire. If its integrity be violated on land, Russia
does not engage to defend it, but only to interpose her
good offices ; it it be attacked by sea, Russia holds out the
eventual assistance of her fleet, by requesting tuat it be
allowed to enter the Mediterranean.
Prince Oortchakoff having answered that since it is the
interest of Russia to defend the independence of the Porte,
the explicit engagement is unnecessary, M. Boma de
Lhays remarks that it was not a question of interests emanat-
ing from geograpOical position, but of positive stipulations.
Aoki Puha maintains that in the terms of the engage-
ment to be taken, all misunderstanding between the Sub-
lime Porte and one of the contracting powers should be
considered as a question of European interest; that, cons'
quently, the circumstances under which the comma
guarantee might en'ail war, could not be imminent.
Prince Gortchakoil having expressed the hope that the
ideas set f:•th by the plenipotentiaries of Russia would be
taken into serious consideration, the plenipotentiaries of
France, Great Britain, and Turkey declare that they sea
only persist in their original declaration.
Count Boot resumes by reiterating the opinions pro-
nouncad by him; adds that the project developed by the
Minister for Foreign Affairs of France and declined by the
Plenipotentiaries of Russia, contained • complete and effi-
cacious system ; that he could not say as much of the pro-
positioes put forward this day; that Ramis, in attaching to
the mutual guarantee the value only of an engagement not
to encroach on the independence and territorial inte-
grity of the Ottoman Empire, reduces it, in fact,
to an obligation which may be said to be self-
evident ; that the arrangement proposed to act as an
application of the principle of the caution of Russian pre- ,
pondinance in the Black Sea, limits itself to the power
reserved to the Sultan of calling foreign fleets to his aid
whenever the preponderance of the Russian fleet should I
become threatening to him, which, in fact, would only tend
to augment the chances of • misundentaeding ; that, to
sum up, the Russian propositions could only be considered
as includiog principles of a nature to be introduced into • 1
general sad complete system.
M. Drouyn de Lbuys concurs in every respect with the
language of Count Bnol.
The Ottoman Plenipotentiaries concur on their part.
At the moment of closing the meeting, Prince Oorteha-
koff declares that the plenipotentiaries of Russia have amply
redeemed their word by proposing several plass of solution.
(Signed) Broe.SCISLIIINSTIIN.
-•,711.t/LOVP. Paooseco•Oerme.
DitOtllrif DI LAM.
BOURCIIIINItT.

i I-T-0 ik: .

AALI:-
AAJUP.

Mon to Protocol No. 13.

Art. I. The principle of the closing of the Straits of the
Bosphorus and the Dardanelles in time of peace, sanctioned
by the ancient legislation of the Sublime Porte, and by the
treaty of July 1.13, 180, remains in fall force.
Att. 2. His highness the Sultan reserves to himself the
power to open, by way of temporary exception, the Straits
of the Dardanelles and of the Booptiorne to the fleets of
foreign powers which the Sublime Porte should think it
necessary to summon wh she should consider bee m-
ewl/ menaced.

EOM DitAlNAGY,Yesterday Lord Ebrington's
MU was feinted, I. empower the Commissioners of Sewers
Is 'arra ea bases linings a certain sum oat of the
maim basswal ShiPtazuctansthe security of the totes, sad
edls to give W ea amain other powers trit
the Isms pompom The sane is net to eased 25,000 L, sad
the sporeasbiag het weather is urged u s reason why the
of the 49th motion of the Metropolitan Sewers
hawses
shoidd be forthwith actively exordia for bona
Otittia dea Os the Rem John Mite:4 Paramore
is*, was tee vicarage of Islington, is Norfolk,
ow tee poossalaliss et box Mojesty the Qum.
[Advertintmonta—AT ML MIMI% FATABLIMI-
Wary 113.11.104t1=0.4=1111440., • sibreliallileied
Dierdeiplemariethrearl-3milit
ocisrma__6l.ll 11=erese.
et Man Imam posoommies. A=to obpolo dels:
limbo Mosokatmoo IMI 1/11" Omimp, lea"
Name. taksint. Illoogo=ata. 1111.08 MIND alliblsitor
amobsolo oblo=:Aa szleeste• MINIMA ef Wit wig
onielher
Wverthualat.)—HOLLOWAYS ()INTIM? AND
Vasa mina Illmeneam rot ma Was or gas twas.—Zatrest of •
rler. bodsteuor. Ilboods. INN Moth )11 AU, to
Bolort*l-011e.-719 Waft ostiontlkon an has
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ariftimprWrinabsit ism IN* allooloodo amid Ms
roorlbg4tllbo memo mai" 6111* Md.
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Ile dm to no for Ism of you dolma and
CA owl be lb fie s sten time Isg is mafiosi,
mimseatentta=masali.eneerettliret Wes.

")1

THE POLIO'S COUBTS.

Sab3 intelligence.

WicmCnaticsuoas' Curacao.— NOTlCS.—Durbig the Whitson
Vacation, 103, the chambers of Vbe-Cliancareir Mr John Mart will
W open on the following .:.'+. els. : —friday. May 11; Tuesday. Nay
16; Intalate4ay, Kay 16: Thursday Kay 11; and Friday. Kay 19,
front 11 till 1, to dispose of appl /or Was.

sow-siazirr.
John WSMures, described as a commission agent and
traveller, in the employ of Richard Allen Sprigg, bookseller,
106, Great Russell-street, Bloomsbury, was brought up by
habeas from the Queen's Bench Prison (being a peth joust
in the Insolvent Debtors Court), so 'newer the charge of
having obtained books, valued at between 2,0001. and 3,0001.,
by false preteaeea.
The cue occupied the greater part of the day, and was
regarded with considerable interest by the numerous pawn-
brokers and ethers with whom the property bad been
deposited, and in whose behalf Messrs. Ballantine, Parry,
Payne, and other learned counsel had been engaged to watch
the proceedings. Messrs. Lewis and I.slrfis, of It ly-plasse,
were solicitors for the prosecution ; and Mr. Humphreys,
jun., defended the prisoner.
Out of about 70 cases, Mr. Lewis selected seven fer the
purposes of prosecution. Prom the statement of Mr. Sprigg
it seps seed that he •cattied on business in Great Russell-
street, in the name of "Atchley and C 0.," and the prisoner
was employed by him to obtain orders, &c., a commission
being allowed upon all works disposed of through Isis
agency. During the last six months a great wetly valuable
publications had been entrusted to the prisoner, upon his
representation that he had obtained orders for them from
different noblemen and gentlemen, which turiied out to be
untrue, the same works having been pawned or otherwise
disposed of almost directly afterwards. In February, the
prisoner acknowledged that he had made away with 700 i.
t worth of books in this manner, adding that be bad wed him
(prosecutor) extremely ill; but subsequent reference to the
books showed him to be a aetaulter to the (about of more
_

COURT OF QUEEN'S BENCH.—MAT 9.
errTl fps AT VIII PAID% AT lIIIMTMIDITML.-121,011 LOAD CAMPIIII.I
ADD COMMON =SUL
This was the first day of the sittings at nisi prise after
term. The list contains 43 causes, 13 of which are le-
mmata.
CLAIM V. VISCOUNT CLIFDIII.—NILLS OP IXCIIANON.
Mr. Edwin James, at the sitting of the court, said he bad
to make an application to his lordship in reference to this
cue, which was an action on a bill of exchange for 3,0001.,
drawn by the lion. Francis Villiers., and which stood in the
list for to-morrow. A rule had been obtained to make it o
special jury case, which, as he believed, was for the purpose
lof delay, so as to threw it over the present sittings. But
though a rule to render the cue a special jury case had been
obtained, no special jury had been nominated or struck.
Ile bad affidavits stating these facts, and the belief that it
was an attempt to delay the trial, and, under these circum-
%Vince', he trusted his lordship would direct that the cue
should stand in its proper place in to-morrow's list, subject
to any applications which might be made to the court.
His lordship granted the application.
SMITII V. MONO°.
On this cause being called on, no one appeared for the
defendant, and it was consequently taken as an undefended
cause, and ininiedite execution ordered.
At a later period of the day, counsel came into court and
Mated that when the case had been called on, he was wait-
ing for a ease in the Exchequer Chamber, and had requested
a learned friend to send for him when this cue was called.
Lord Campbell—What do you apply for now ?
Counsel—That execution may be stayed.
Lord Campbell—On what ground ?
Counsel—The defendant is Dr. Monro, the celebrated
physician in lunacy. He is now a victim to the same dread-
ful malady, and is lying on hie deathbed.
Lord Campbell—l regret to hear he is in so pitiable a
Counsel—A petition has been presented to the Lord
Cheassallor, and until that has been dealt with there is no
administer the funds. The object of my application
Itifinevent the sheriff's officers going into the bedroom of
Dallier°, who, as I have stated to your lordship, is on his
deathbed.
Lad Campbell—l will withdraw the order for immediate
Am. I can do no more than that.

then 2,0001.
Tbe Earl of Bradford, in whose name a eeloured copy of
Roberts's " Holy Land" (published at 1501.) sed other
works were obtained, was called to prove that he had never
ordered or received them. He bad purchased books of the
prisoner occasionally for many years, but always in his own
name. lie never knew the firm of "Atchley and Co."
He always thought the prisoner an upright man until lot
terly, when circumstances had somewhat diminished his
oonfi-lence in him.
Lord Caltkorpe gave similar evidence with reepect to
other works; and Mr. Breeklehant, M.P., in whose name
two copies of " The Holy Land," end two of " Funien's
Gallery of Art," had been obtained, also attended to prove'
the false pretence.
Mr. W. Cotton, of Bryanston-equate, deposed that he re-
ceived a billet 2471. 4s. tor books sail to have been delivered
to him by "Atchley and Co," but he had never had any
dealings with the firm nor the prisoner either. The repre-
sentation that the prisoner had been recommended to him
by Mr. Leaf was also false.
Mr. W. Leaf, of Old Change, said that he knew the'
prisoner, but had never recommended him to Professor
Hall, or any one else to his knowledge. The prisoner was
in the habit of leaving books at hie house for perusal, and if
witness did not purchase them they were retuned.
E Ds Grey deposed that be never saw tho prisoner
until he came to Bow-street, and gave him au order
for a work on Belgium (81. fis.), or any other work. lie
had received a great many letters frcm him (Williams) at a
time when he was the publisher of some architectural
works, and one of these, by his recommendation, was sub-
mitted to the Institute; but it was returned unpurchased.
Mr. Alfred Menem, engineer in charge of the New Pa-
lace, at Westminster, denied having ever ordered copies of
the work on Belgium for himself or Sir Charles Bury.
Neither had he ever recommended the prisoner to Mr.
&Walt, of the Turkish embassy. The prisoner had been
well known to architects and engineers for some year,
having been formerly a publisher of architectural works
himself.
Other witnesses having been examined to the same pur-
port,
Mr. Sprigg was moss-examined at great length relative to
his transactions with the prisoner since the period of
their first acquaintance in 1838, when be (prosecutor)
was a leather-seller, and discounted bills for some
of his friends, including Williams, whom he succeeded in
the business. By this he meant that he paid the pri-
soner's 'Millais, and the rent due to the Duke et
Bedford, to save an execution. The business was then car-
ried on by him (prosecutor),Williams actin; so his manager
—but never in the capacity of a partner. There never was
• partnership agreement, verbal or otherwise, between
them. The name of "Sprigg, late Williams," was over the
door. la 1845, Williams weal into partnership with a Mr.
Runk, in the Strand, who subsequently purchased the
Russell-street business also, paying about 1,6::01. for stock,
&c.; but they became bankrupts, and Husk died. Then the
business came again into his (prosecutor's) heads, being
purchased by his wife's trustees, one of whom was Miss
Atchley, in whose name it was carried on. The prisoner
acted as his commis. ion agent, end he had great faith in
him. On one occasion about 1001, due to him as his corn-
minion, was paid to him in books but no other books were
debited to him, except the samples which he carried cut.
The cross-examination of the prosecutor had proceeded for
about an hoar, when
Mr. Jardine submitted that it being a case which must go
to • jury, there details had better be reserved for the trial ;
for even if it could be shown that the prisoner was a part-
Tanr, which Mr. Sprigg denied, it would not exoat rate him
from the criminality of the charge.
Mr. Lewis Stated that SO recently CS tne 28tta Arsll,
I petitioning the losolvent Court, the prisoner heel not
ventured to describe himself *. a partner, but, on the coo-
-1 troy, alleged museelt indebted to Mr. Sprigg to the extent
I of 8,0001. for kook entrusted to him for sale.
Mr. Humphrey, while concurring in his warship's sug-
gestion, if he meant to send the case for trial, felt bound to
' state that there were many important points upon which he
had yet to cross-examino Mr. Sprigg, which would throw
a different complexion upon the whole matter.
A long discussion then followed upon the legal quotient
as to the retention of :he property by the pawnbrokers,
some of whom had transacted business with the prisoner for
upward!: of two years. The prisoner had delivered up 65
duplicates relating to property pledged since September
last; and eventually the pawnbrokers agreed to prodte-
the books received subsequently to that period.
For this purpose the prisoner was remanded.
CLERKEN WELL.

WISDEN V. VISCOUNT CLUDEN.--POILD V. THE SAYE.

At a later hoar of the day Mr. Edwin James applied to
his lordship that these causes might he allowed to stand in
their proper place in to-morrow's list, on grounds similar to
that nn which his motion in refercnce to that of " Clark ♦.
Lord Clildea " wu founded. These actions are also on
bills of exchange for 3,0001. each, drawn by the Hon.
Franck Villiers. .

- -
Lord Campbell panted the application.
@e 1 common jury cases were disposed of during the
sitting of t►e court, but they were totally destitute of in-
terest eacept to the pasties interested in the result.

COURT OF EXCHEQUER.-MAT 9.

NG! AT 11111 TRIO% AT WASTMIIIII2II4-111/0
DIAILTIN CONIIOII JUIIII4.
ATTORISET-OENERAL V. 113DERTS AND
V. ROBERTS AND Aaron's:a.

-- -
In thus two eases, which were ioformstions for evading
the oo law. as to tobacco, verdicts were taken by
consent for the crown in both cues fur the full amount of
the penalties, to secure the payment of the respectire sums
of 1,0001. and 2001.
COURT OF BANKRUPTCY.—MAT 9.

MORI Ma, CONNUOIONIA roostaancr.
IN RI HALKIII.—UNPORTUNaTE MINING SPECULATIONS.
This was the examination meeting in the case of D. Hal•
lost, shipowner, of St. Helen's-place, and Herne Bay. The at,
musts began en the Ist of January, 1852, with a surplus of
25,2671. The bankrupt now owes to unsecured creditors
16,3251. ; to these hoiding security, 6,8C0/. The assets were
thus stated : —Good debtors, 2,5811.; doubtful ditto, 1,3581 ;
mining shares, 2,8401. ; steam, tug shares, 7001. ; property
held as security, 6,5331. The profits were returnca at
5,0751., of which 3,9171. was stated to be on mining shares.
The losses formed a tote' of 33,4911., thus composed;—On
sale of mining shares, 6,4471.; on mining shares, 7,5431. ;
ships shares, 11,9511. ; adr.ature account, 7,1911 ; bolance
of profit and loss account, 1411. ; furniture, 2061. ; expenses
of various kinds, about 6,0001.
Mr. LWOW..., I.r we asfignres, requiring tame to ex...1.s
the accounts, au adjournment of three weeks was ordered.
IN HE GRIFFITHS, NEWCOMBE, AND GRIFFITHS.
The bankrupts were shipowners and ship and insurance
brokers, of Graceehurcipstreet, and Liverpool. This was
the eerticate meeting.
Mr. Lawrance, on behalf of some Liverpool creditors,
who had not yet proved, and wished to oppose the certificate,
asked for au adjournment, on condition of the opposing
creditors payiug the costs.
Mr. Linklater, for the bankrupts, opposed the ad;ourn.
ment, on the ground that the creditors had not used ordinary

diligence.
Hr. Lawrence referred to a cue before the Lords Justices,
where it was held that a creditor had a right to an adjourn-
ment on paying the expenses.
His Honour s.id he could not grant an adjournment
because certain creditors of Liverpool chose to go to sleep.
He thought they had been peculiarly active persons down
there.
After a conversation, it appearing that the cue was likely
to occupy a whole day, an adjournment was ordered, by
consent, until the 17th inst.

Mr. John Gray,;stehTiZimbs; ut amuses, of Clerkenwell-
geese, and Mr. Henry Webster, of Albert-terrace, Camden-
town, were brought up, on remand, cbargea with having
a large amount of watches, jewellery, &c., without beiug
able satisfactorily to account for the same.
Some additional evidence having been given, a further I
1 remand was requested.
Mr. Tyrwhitc said that under the circumstances, and
considering the high testimonials as to character which
Webster had received, the bail would be enlarged.
The parties then left the court.
LAMBETH.
Mr. John Ball end Mr. Thomas Giles, gentlemen of pro-
perty, mid Mr. Thomas Arding, a master shoemaker, all
residing in the parish of St. Mary, Lambeth, attended
before Mr. Elliott, in discharge of their bail, to receive the
final se-tenest of the court on a charge of mat-practice pend-
ing the late election of guardians of the poor.
When the magistrate was about to deliver his judgment,
Mr. Solomon made an earnest appeal that his clients, who
undertook that such an offence should not again occur,
might escape being sent to prison, in which ease they were
willing to pay a sum of money to a charity.
The prosecutor also recommended the prisoners to the
leniency of the court, and would be perfectly satisfied if
the case went no farther.
Mr. Elliott !mid the act gave him no authority to com-
promise the matter, and therefore he could eat do it. It
bad been clearly proved that the defendants had grossly
violated an act passed expressly to stop such mal-practices
as those under notice, and he felt it to be his imperative
duty to put the law into force. The only difference be
could make in the sentence was, that instead of 21 days,
Mims. Ball and Giles be imprisoned in Wandsworth House
of Correction, but without hard labour, for 14 days, and
Mr. Meting 21 days instead of a month. Taking into con.
siderstion, also, that the defendants must have suffered some
mental anxiety from the passing of the sentence that day
week, be should direct that the period of their imprisonment
should data from the Wednesday before.
THAMES. _

Layton Edward Hopper. a shipwright, of No. 5, George.
street, Limebouse, was charged with setting fire to the gun ,
battery lately constructed in the ship building yard of Mr.
John Scott Russell, at
Mr. Nobler conducted the prosecution, and Mr. Bailin-
tine defended. The prisoner is • man of very respectable
appearance and well connected.
Mr. Thomas Campbell, cashier to Mr. Russell, deposed
that on Thursday night last, about to minutes before nine
o'clock, be was in his office, when one of the timekeepers
rang the bell and called his attention to a Ere under a
large ship called a floating battery, which was ready for
launching. He bylined into the yard, and saw a fire
bursting out under the bow of the vessel. The fire was
very small when he first saw it, and it suddenly rushed up
both sides of the vessel. He ran down to the water's edge
to ascertain if there was any fire under the stern. There
wasnone ; and as he returned towards the bows the fire
mat him, and ran rapidly along as if some inflammable sub-
stance bad been spread on the timbers. The inside of the
skip was not then on fire, and the flames did not communi-
eat* to the interior of the vessel until an hour afterwards.
He was quite sure of that.
In answer to questions by Mr. Ingham, the witness said
the battery was 180 feet in length, and was on the was on
which she was built when the fire broke out. When I first
got down, the lire only extended about 10 feet under the
bows. Only two of the supporting blocks were on fire in
the first instance, but the flames spread from one prop to
another with the greatest possible rapidity. The place
under the ship bad been cleaned out the slay before the
fire,and I don't think there was a harrowfull of chips all
round the ship. The props which supported the battery
were 10 or 12 feet apart from each other, and the flames
seemed to hop as it were from one to the other very fast.
The shores were horizontal, and the blocks perpendicular.
The blocks constituted the pedestal which supported the
vessel. Bach block was 10 feet &pert from the other and
there was no ram I sting wood between them. had
walked round the mod half an hour before the fire
was discovered, and there was no appearance or smell of fire.
The battery was the sole property of Mr. John Scott Rumen,
and was built for the goverment. The prisoner was in
Mr. Russell's employ as a shipwright, and left about tithes
weeks envious to the fire in consequence of a strike omen
Mee shipwrights. He was employed on the floating battery
ami emarothee slap called the Erb. There were two Of
Wee does mss lathe yard when I came dews to the f
I MI met see the primmer moat them.
Mx Joke Dina as eeperietemdeat end mime

ME EXPRESS, THURSDAY EVENING, MAY 10, 1855.

went mnd the floating battery
coal
the vessel at twenty-
' took a man round with me. I 1
Ist There was no appearance of fire
to
five minutes past eig • her bow', and these
Mr. Russell. On Thureday
alebot've: esigverbytpart("l"kof ri.
signs of fire.
was not • (Parkand shavings all day,
There bad been a clearance of ehipe
took them away.'
y '
and at 16 minutes beton 8 o'olockfthem
froenmt chi and shaay-.
whatever. I also went
The ways weld eel be ezifurylT corrinsiderable.PBThere was
bereustin or the least
fags, bat the q_uantity
co would burn very rapidly alter being set on fire. I can
confirm the last witness as to the wonderful rapidity of the
and 1 incl./Ike I ales, quite wood
se leemei said:try:Oh emank battery, a acp°ind' if; ei gi fft
purer
tar! ode ran
madet e sides
a pop
po
of
vt
ehre
tvweos eo lr •t
Is
rt.: sefre
st
tended from one end of the ship to the other underneath, at
intervals of two or three feet?
Mr. Ingham—Then you mean to say that the fire ex-
tended rroglm.. as
'ticoehmuel walk,
stern. 4wiken.
Mr. Dixon—Esactly, sir; it took fire at intervals of two
or three feet ; the intermediate parts of the wood not being
on fire.
John Coolie, an elderly mac, said—l am a shipwright in
the employ of Mr. Russell. On Thursday last 1 was en-
gaged at the stern of the launch (the battery). I left work
at 15 minutes belore 8 o'clock, and am certain there w:.a
then no fire under or near the vessel. I went direct to my
house, which is 40 or 50 yards from the battery. A few
minutes before 9 o'clock I went up to my bedroom,
the window of which faced the bow of the bat-
tery and was about to go to bed, when, to my
great astonishment, I saw a small bit of tire, and
a few sparks like those which ore struck off from 11,1
blacksmith's forge coming up from the bows of the
battery. Before I could turn myself round it blazed up '
just as if it had been a sudden explosion from a powder ma-
gazine, or as if some cou.bustible substance had suddenly
ignited. Then it suddenly went down again, and there
was not so much blaze, and burst out again further on. I
ran out for the purpose of saving my tools, and when 1 got
into the yard 1 saw a man come from the bows of the bat-
tiny, and get on the top of the kilo.
Mr. Ingham—Now, be very particular, and describe to
me what you saw and did as distinctly as possible.
Witness-1 was running as fast as I was able into the
yard to save my tools. I struck myself against a piece of
iron-work, which brought me up all standing, and prevented
me from running. At that moment I distinctly saw a man
come out from the bow of the battery right in trout of me.
He was less than 10 yards from the bows of the vessel,
acid running from it. When I struck myself he was only
nine or ten yards from me. lie ran hastily across towards
the kiln where planks of wood are steamed, and stepped
from one iron bolt to another in the shape of a ladder until
he reached the top of the kiln. He had no stoner dune so
than he turned round with his face towards .ace.
Mr. Ingbam—Did he come into the yard with you ?
Witness—No, sir; I am sure he did not. Three or
four men came running along at the alarm of fire,
and they came in at the gate along with me ; but the man
I saw on the kiln was not one of them. I had not seen that
man since we built the Esk.
Mr. Ingham desired the witness to look around and point
out the man if be could.
The witness, with much solemnity of manner, looked at
the prisoner earnestly, and said : The prisoner is the man who
left the bow of the vessel and got upon the kiln. Between
God and man and my own conscience I can't say otherwise.
Mr. Ingham—Well, go on, and tell me all you saw him do
Witness—After be had looked towards me he went to-
wards a house and turned round again. He stepped from
the kiln on to a house or shed which is two or three feet
from the kiln, and he walked along the house or shed, a
distance of about ten yards, until he came to the end.
Mr. Dixon here interposed and said the shed was not so
much as ten yards long.
Colic—l cannot speak positively as to the distance, but
when he got to the end of it the prisoner turned round again
with his face towards me and went down backwards. It
was that which caused him to turn his face towards me a
second time. That would take him right into the Ferry-
road out of Mr. Russell's premises altogether. The light of
the fire was then so great, and blazing up so from the bows
of the floating battery, that 1 could discern a man's fees 40
or 60 yards off. Nu person came from the direction where
I saw the prisoner go. There is no gate for persons to come
in at in that part of the yard.
Mr. Ballantine—Are you ready to swear on your oath
the prisoner is the man you saw leaving the bows of the
battery
The witness said he was ready to say be was the man.
Mr. Ballantine—Now, mark me. his is a most impor-
tant matter, and iv t to be made light of. Do you pledge
your oath he is the MIR ?
The witness, who was slightly agitated, paused, and, in a
subdued tone, said—Between myself and my conscience it
tells me be is the men.
Mr. Ballautine—You must tell us, do you mean to pledge
your oath be is the man ? Now, be careful. This is no
light thing.
The witness made a very long pause, and then, being re-
quested to answer the question, said—Between Gott and
man, be is.
Mr. Ballantine—Do you pledge your oath he is the man ?
The witness made another loog pause, but made no
answer.
Mr. Ballantine—You were meninx. You were anasons
to ease J.... toots, and you struck yourself against an iron
instrument. You might not recollect all these matters. Do
you mean to pledge your oath the prisoner is the man
Witness, looking at the prisoner, in a low tone said, I
pledge my oath on his face and person. On my lair faith
and belief he is the man.
Mr. Ballantine—Am I to understand you will or will not
pledge your oath ?
The witness made another long pause.
At length Mr. Ingham said—Well, I can't lose any more
time now. What du you say Coolie ?
Witness—l have every reason to believe he is the man.
I did not recollect him at the time I saw him ; but it put
me in mind directly afterwards of the man I saw on board
the Esk. The face of the man made me recollect he was
the man who had been at work on board the Esk.
Mr. Ingham—lt is the same thing again.
Mr. Ballantine—l think not.
The cross-examination was continued at great length.
The witness said he recollected the man he saw leave the
bows was one f these he saw on board toe Erie at work.
The Esk was built in 1854. Ile had never seen the pri-
soner since till last Thursday, to his knowledge. He first
mentioned what be saw to Mr. Epworth, iron shipbuilder,
in Mr. Russell's employ, and told him the man had s mole-
skin jacket, waistcoat, and trousers on—at least, that they
were white, end he thought they were moleskin. He told Mr.
Epworth if he saw t.se man again he should allow him. He
told a police-constable that the man who ?eft the bows and
went over the kiln and shed, was a man who had been
at work on board the Esk. People had asked
him why he did not follow the man up, and he
told them he did not know there was anything serious the
matter at the time. He had never spoken to the prisoner
to his knowledge. He bed not been anxious to get into a
ehipwlighta' union, to which the prisoner belonged. He
had not been rejected by the union. He knew there was a
shipwrights,' union. He had not been trying to get into any
association for three or four years.
I Mr. Hobler—You saw the prisoner's face twice, and that
wakes you positive he is the man ?
Witness (slowly)—I saw him twice. That makes no
Miabt on my mind within myself he is the man.
Mr. Ballantine questioned the witness closely as to whe-
ther he had not been conversing with the prisoner within
I the last three months—he would even go back as far es four
months—about joining a shipwrights' union. The witness
said he had unversed with the prisoner in his life to
his knowledge, and he certainly could not have conversed
with him three or four months ago because he Was then
at sea.
In answer to questions by Mr. Hobler,
The witness said he was not at work on board the battery
until the Tuesday previous to the fire, and could not have
conversed with the prisoner on board that vessel. He had
been working in another yard belonging to Mr. Russell.
That was subsequent to the strike among the men.
Mr. Campbell was recalled, and said the prisoner was in
the employ of Mr. Russell until three weeks ago, when a
strike took place.
Mr. Ballantine—And be was in Curling and Young',
seploy when he was taken into custody ?
Mr. Campbell—Yes, sir. He discharged himself from our
employ. There was a disagreement about wages.
Mr. Hobler said he should not call any more witnesses
ekst day and rsqunted a remand.
B Mr. illantine said he was ready to prove by numerous
witness* the utter impossibility of the prisoner being in
Mo.Ramell's yard when the fire broke out, or of his doing
the set with which he stood charged. Those witnesses
would account for the whole of the prisoner's time on
Thursday, from early in the morning till late at night.
There were lapses from fifteen to twenty minutes which
bald be satisfactorily explained ; and although he could
Mt trace the prisoner minute by minute, step by step, he
mold show that it was inspeeeible for him to have been in
Mr. Raseell's yard at any period of the day or night. He
would now call two or three witnesses only, and he thought
he could satisfy the magistrate the prisoner ought to be
held to bail, and not sent to prison.
Mr. Ingham said that generally speaking when a reason-
able cause of suspicion was made out to justify a remand, he
did not, for reasons which must be obvious to the learned
counsel, take bail for miscued party while an inquiry was
'lading. He did not think this was MI which would
justify his departure from the general rule laid down. With
that intimation, perhaps the learned counsel would refrain
bas sidling his witnesses at present. After the strong evi-
dime risen by the witness Coolie (unless the learned counsel
GNU king an overwhelming masa of evidence to prove he
was ), he thought he should not be justified in
lassatisi the prisoner on bail.
Rallimme maid that after the intimation conveyed by
this seesistrate, he ought not to call his witnesses. He felt
UM the beet course be could pursue was not te call upon
Ike magistrate to pronounce an opinion on the ease, which
ha must neoessarily do, if he had to decide between conflict-
ingisamatins.o mad mode of doing bu
thineesswe,igthhattohf
witness'. The magistrate must know from his (Mr.
UM have opened his cue in the way he had done, if he
Mai not sustain it by witnesses. He was of opinion the
risen should not be borne down by
prejudice, and be would say this, that the prisoner would
be enabled to give a moat triumphant answer to this
e popularla
Marge.
Mi. Howie, who apprehended the prisoner, said he should
bring other evidence for the prosecution of a very important
nature when the prisons was again brought up.
fire.

IdABIA ANSONIA Reumem—Trefllo for the vela I
'Min Aril 26,1366, II141.; 1864, 1711.