The Express.
London, England, 1863-01-19 00:00:00

THE LOSS OP THE MONITOR.

By our latest intelligence from America we have
full details of the low of the Monitor. The following
amount is from a wirreepoodent of the Ameriant at Fortress
Monroe, under date of January 4 :
. .

In oonversation with several of the feet= and crew of
the Monitor, I gather the following narrative of the facts
attending the loss of that noble little vessel and so many of
her crew :
We left Fortress Monroe on Monday, the' 29th of De-
cember, in tow of the steamer Rhode Island, with the
Passaic in tow of the steamer State of Georgia. We pared
Cape Henry Monday afternoon at 5 o'clock, with a smooth
sea and light wind. The Passaic was • little way ahead.
The weather continued fine until 5 o'clock on Tuesday
evening, when it commenced to blow from the south-west,
with • heavy sea running and making a clean sweep over all.
At 9i Cape Hatteras bore NN.W., distant 20 miles. The
ph -I*ll increased. The vessel laboured very hearilh the
upper hull coming down upon every sea with fearful vio-
lence. Up to this time the Worthington pampa and bilge
injector' were entirely competent to keep the vessel free.
At 10 o'clock several heavy seas "truck the vessel in sue-
cession, when word was sent from the engine-rooms that the
water was pinild on the pumps. Orders were then given
to start Adams centrifugal pump. capable of throwing
$,029 pilau of water per minute. For • while the water
sPrto be kept under.
i:d short time, however, word was passed from the
engine room that the water 1111apin gaining on the pumps,
and was at that time up to the ashpita, in • great measure
stopping the draft. The water at this time was standing
two feet deep on the ward-room floor.
All hands were then set to work with every bucket at
hand to bal. Water, however, kept gaining upon the pumps
until within a foot of the fires in the furnaces. A " Caton"
=lns then flashed to cell the attention of the Rhode
to our condition. After much delay, consequent
upon the heavy sea running, a boat was lowered from the
Rhode Island and sent to our assistance. After several triels
she rucceeded in getting alongside of us. The Rhode Inland
at the same time, in going astern, caught her launch be-
tween her own aide and our vessel, crushing the boat
badly, and bringing her own counter down upon our side.
For • time she could not move her engine, getting on •
centre. She finally started a-head, and the launch,
smashed as she was, succeeded in conveying to the steamer
thirty of the crew of the Monitor.
After the departure of the launch, those remaining on
board worked at the buckets with • will. The gale at this
time was raging furiously, the seas making a clean sweep
over the top of the turret. The water at this juncture had
succeeded in rising up to the grate.bars of the furnace, sad
was gradually extmgnithing the firs. The steam in the
boilers consequeetly ran down, and the pampa could not be
worked for want of sufficient steam.

At this time three boats were discovered coming towards
the nasal. Word was paned that boats were at hand suffi-
cient to take all from the vessel. The Monitor was now
sinking. Every pump was stopped, and her deck wsa under
water. fievma to coming off the turret were swept by the
waves to the leeward, and must have penshediveas.
no assistance could be rendered them. The
then shoved off from the sinking vessel. Although
entreated to come down and get into the
several remained standing upon the turret afraidbmt
being swept from the deck, stupsded with fear. The
boats succeeded in reaching the Rhode Ldand in safety,
and all in them got on board. A picked mew with the
gallant officer of the Rhode bland, Mr. Brown, then
shoved off in the launch to return to the Monitor. The
moon, which up to this time had been throwing some light
epos the waves, was shut in by dense masses of black clouds.
At a quarter to one in the morning the Monitor's light dia-
appsered beneath the waves. The Rhode Island then
started for the spot where the Monitor was seen to go
down. Caton signals were constantly kept burning. A
strict look-out was kept up on all parts of the vessel to
catch a glimpse, if possible, of the roman; boat. At day-
light nothing was seen on the waves, and with heavy hearts
we ran around the spot, as nearly as could be ;edged, where
the Monitor had disappeared until late in the afternoon.
Several steamers and other vessels were spoken to, to learn.
if
incest le, the fate of the missing boat, but nothing could
rd.

The ;nrvivon reached Fortran Monroe last evening in
the Rhode Island. Nothing whatever was saved except the
the offlosrs and crew stood in. The conduct of both
apparelo fficers and men of the Monitor on that night was beyond
regeoseb. No sign of panto was Tight& Each stood to his
poet, confident in his commander, and it was bard to prevail
upon the men to get into the boats, each wishing to remain
by until the last.
The first cutter of the Rhode Island, the boat referred to
above, contained William Brown, mentor's mate, and seven
of the crew, whose names I have not been able to ascertain.
Phave not been heard of up to this time. There is a
ty that they may have succeeded in reaching the
tor and taking off some more of the crew, and been
afterward picked up by some meeting vessel, numbers of
which were palming by the next morning.

MUTH OF Ma. RICHARD GAMIN THZ SHIP.
OWNER. —lt is with regret we ensconce the death of Mr.
Richard Groan, the eminent shipowner, of lilackwall, which
took place on Saturday afternoon. The deceased had been
ailing for some time, and in order that be might be near to
his physician he was a few weeks ago removed to hie sister's
residence, in Regent's-park. In the early part of last week
his illness assumed a more serious gaped, and it was evident
that he was fast sinking ; be widually became more
exhausted, and died as before stated. He was in his 59th
year, and, in connexion with his younger !author, owned the
magnificent fleet of ships, upwards of 30, which for
so many years have traded between the Thames sad
the Fart Indian and Australian ports. He was
also an extensive ship-Mulder, and bad oonstructed
numerous steam-frigates and other vesarals for the Eng-
lish, Russian, Spanish, Portuguese, and Brazilian navies.
In him the Merchant Seamen's Orphan Asylum, the Dread-
nought Hospital Ship, and other charities connected with
the mercantile marine, as also those in the set eed of the
metropolis, have lost a staunch friend. He onatributed to-
wards the maintenance of the chapel sad Green's Haiku'
Home in the East India-rod, originated by his father, and
he the established a free school for chiMr= without ve-
icito any particular creed. By his benevolence the
er Hospital was enabled to extend its usefulness and to
relieve a large amount of suffering humanity). He took •
most lively interest in the success of the M chant Seamen's
Orphan Asylum, of which he was treasurer, and subscribed
a munificent sum to the fund for erecting the building at
Seareebrook, the foundation stone of which was Lid
by the late Prince Consort. He took a prominent
part in promoting the orpn•eacion of the Naval Reserve, and
we believe that most of the officers and crews of the firm
Wren to that branch of the nation's service. He was also
chairman of the recently established training school on
board the Worcester ship in the Thames. Although not of
very strong health boxes active in his Modem habits, and,
attended by his manager, Mr. Sells, he would often visit
his ships in the adjacent dock twice in the course of
the day. On the news of his death retching Poplar,c
on Saturday afternoon, the 'hipping in the
had their colours hoisted half mast high, and the shops
brit gwere partially closed, the bells of the churches an
tolled during the remainder of the day. The deceased
gentleman wee married.
Reserve have e:premd . Li„....Ltooolzobilrehof the
ains
of their late patron to the tomb. Amongst the many
held by the late Mr. Green we., the poet of vice-commodore
of the Royal Thames Yacht Club.

GMAT RANYERN RAILWAY.—A deputation of the
direeten el tide company will visit the Tendring Hundred
district in Essex on Friday and Saturday, together with the
engineer in chief, in order to ascertain which of the two
lines to Walton-on-the-Husk entitled to their support. All
the parties interested will have interviews with the directors
on the occasion. The intended alterations in the train per.
111014 to which allusion was made some time since in the
Express, will now, it is officially announced, take effect
on the lst of February. The through express train will run
on the Colchester route instead of via Cambridge es hitherto.
The trains generally are to be accelerated, and in some dis-
tricts the fares, which have long been very high, are to be
reduced. One novel feature in the new arrangements is the
introduction of tractile' tickets at 501. each per annum,
available over all the lines of the company,- but only to be
issued to each gentlemen 8A shall have paid the system for
work done in connexion with the movement of goods 2,0001.
for the year ending Dee. 31, 1862. The parcel rates have
aka been reduced.

GREAT NORTHERN RAILWAY.—PROPOSED EX-
TENSION TO Norrnicnan.—Tbe proposed extension will
start from the Nottingham and Grantham Railway, near
Soeinton, and after passing through places in Nottiugliam-
shire terminate by a junction with the Eyewash Valley
haunch of the Midland Railway, near the Bntserley Inns
Works sod Codnor Perk, Derby, with a fork line from
°meekly. The perliamentery estimate =mob to 360,0001.
BRISTOL AND EXIT= RAILWAY.—Thin company
propoee to miss ea additional capital by the creation of new
shams or stock to the extent of 375,0001., in addition to the
4,000,000 i. already Weed or authorised to be raised, to be
applied to the eulancement of their stations at Yeovil and
Exeter for the interchange of trafßdwith the South Western,
and for the enlargement of wand other stations on their
line, also far the construction of the Chard and Taunton
line, sad the lease or purchase of the West Somerset and
Bridgwater communication works, together with the m-
asae of additional lands, and the alteration of rates and
charges.

WAv!WV/ VALLEY RAILWAT.—A junction has
been effected between the extension of this company's line
from Bumpy to Becalm and the Great Rodent system at the
latter town. A party el the Great Eastern directors in-
spected the works last week, and Wale will be commenced
next month. The line will be worked by the Great Eastern
Company, and will be fused in that system by an act, which
will in all probability be carried through parliament during
the ensuing eadon.
[Advertisement.] HOLLOWAY'S Pala—Look
to your Health.—Any abrupt change In the weather always causes
much disordered action In the human body. It Is • matter of
primary impotence to rectify nay Irregularity without delay.
which it is la the power coe • to do by taking Holloway's
Min These PiUs an the tires of ladigurion, and
the mildest apertenta ever preaotibed. They purify and cool the
blood, and panties the chealistlon through the system, even to
the minutest ravels of the akin. They act admirably on the
liver and kidneys. Holloway' Pills control with safety and cer-
tainly all irregularities of action which may be diminishing
muscular or nervous e by their wholesome influence over
bath corporeal and menial functions

ILA) Intdligenct.

1111110POLITAN COUNTY COURTS,
Min days appointed for the present walk
111021111112113, St. Martin'slans.—Monday, Jen. 19: Tuesday,
20; Wednesday, 21 . Thursday, 22.
BLooximnar, Portland.road.—Wedneeday,Jan. 11 ; Thursday,
22 ; Friday, 20
BROMPTOW. Wldtehauragrors—Monday, Jan. 19,
Curisnmnrcus Duncan-tarmac—Tuesday, Jan. 20; Wednes-
do. ; Friday, U.
nourrei.ollstra. st-road.—Timsday. Jan. 10; Thursday, U.
Bow, Bowoosi—Monday, Jan. Friday, U.
Warricnarm., Cheat Freseotatreet.—Tuesday, Jan. f 0; Thurs-
day, 22 ; Friday 21.
SOUTHWARK. bwawatzest—Tuesday, Jan. 20; Wednesday, 21 :
Thursday. 12; Friday, U.
LAIRRIKII. Camberwell New-road.—Tuesday, Jan. 20.
°mamma —Wednesday, Jan. 21.
WooLwicaL—Thursday, Jan. 22
CITY OP LONDON, Odldhall.bulldings. Monday, Jan. 19;
Wednesday, U; Friday, it&

EQUITY CO:MTS.—JAN. 17.
(Before Vice-Chancellor Sir R. T. Madanley.)
IN RE THE BRITISH PROVIDER LUZ AIRIORARCIR warm
WARM ORM.
In this case • jury was empanelled to try an issue which
had been directed at the hearing, namel , whether the
words "On behalf of the British Provident Assurance
Soty," which were interlined in • transfer of 200 shams
from Danbl Omen to John Sheridan were inserted at the
time of its execution, or had been inserted subsequently.
Mr. Serjeeot Shee and Mr. Kerslake appeared for the
official maosgar ; Mr. &Abeam for the creditors' repre-
sentative ; . Day and Mr. Phan for Mr. Orpen.
Mr. Serjeant Shee, in opening the case to the jury, stated
that the question arose out of the proceedings in the wind-
ing up of the British Provident Assurance Society. Mr.
Orpen was • grocer carrying on bushman at Theme, in
Oxfordshire. In November, 1856, the office of local
secretary or manager to this easurance society for
Oxfordshire became vacant, and advertisements were
published setting forth the terms on which the
society would accept offers from persona desirous
of becoming local secretary. The terms generally
were that he wee to have • salary of 1001. • year sad 15 per
cent, commission on all assurances effected through his
agency, but he must become the proprietor of 200 shame,
on which he would be entitled to • dividend, but on which
he would be liable to the call, which might be made. Mr.
Orpen answered the advertisement, and in October, 1856,
became the local secretary and manager for Oxfordshire ou
those terms, and paid 2001. for the 200 shares. In 1856 and
1867, Mr. Oren was desirous of being relieved from his
post, and he and his solicitor wrote several letters to the
company, calling on them to relieve him from his post, and
the result was that be gave up his office of local manager,
and on the 30th of May, 1857, this deed of transfer was
executed by him. Under the Joint Stock Companies Act
a transfer to any one for the company would be null andvoid,
sad would not have the effect of divesting the property
in Orpen, and therefore Mr. Orpen would still be liable
as • contributory under this winding up. The words, "On
behalf of the British Provident Life Assurance Society,"
which ware interlined after the name " John Sheridan," be
was prepared to prove were in the tamales at the time of
its execution. The contention on behalf of Orpen was that
the words were not there at that time, sod whether they
were or not was the issue which the j
uryj had to by.
Mr. John Sheridan was then °ailed. He stated that he
was managing director of the British.providenee Assurance
Society from 1853 to 1859. Was positive that the 'uteri'.
nation in the transfer of the shares to him by
Orpen was made before the transfer was executed.
'He gave no directions as to the entry of the
bander in the registry. He never dealt with the
shares. The. price paid for them to Orpenwas 501. Witness
gave • Pro note to Orpen, at six months, p• le at
'his tankermmonry 's, aad the note was drily honoured. 2M. had
been paid upon them, sod he believed he could have sold
them for 1001. The business was transferred to another
dace in 1850. Whom bad bought share on his own
account, and subsequently sold them to the company. He
bought some sharea of Mr. Oliver, which he sold, on the
25th of July, 1857, to Mr. Ginson, as trustee for the
company.
The witness was under crossexemination when the court
roes, and the further hewing we postponed until Monday.

Waco Vios-Chooodko Sir W. P. Wood.)
=AL OF ROMOST V. 818 W. DABZLL, BART.

After the unopposed petition' and shut causes this cue
was rimmed. The Solicitor-Genteel proeuded with his
addrars, amplifying and enl►rging on the points mentioned
in our Saturday's report. the saran was not concluded
when the curt rose.

Mr. Vi.illamoris and Mr. J. Batson are with him.
The tiff'splain mune' are Sir H. Cairns, Mr. Giffard, and
Mr. Wickens; Mr. Alfred Bailey is for the Misses Peroevars
representatives, who support the plaintiff's view.

COURT OF QIIKEN'I3 BKNOH.—JAN. 17.
Sittbp ie Boaco.—(Before Justices Wightwoo, tromp•
too, and Mellor.)

1101Uil (Arra:LT.4yr) v. oi

(ILIBPODIDZET).

This was an appeal from the conviction of justices. at
Bernsley for w.kfighting.
It appeared that the respondent took out a summons
against Job Morley, George Frickleton, John Peel, Richard
Jackson, and John Lockwood, labourers, for that on the
10th Mareh last, at the township of Woolley, they did then
and there mist in a cockfight and act in the management of
• certain place then and there being need for the purpose of
fighting cocks. The cock fighting took plane in a quarry
belonging to Godfrey Wentworth, Fol., in the presence of
upwards of 100 persons. It wee proved that one of the
cocks wan taken out of the ring by Job Marley, and
John Peel was seen to run away with another by
the police, who were there in disguise. The other de. 11
fondant' only took part in the proceedings by throw-
ing stones at the police, and in preventing their
hing the quarry whilst the fighting was going on.
WerZpellants were convicted or. the 3rd section of the 12th
and 13th Vic., chap. 92. and they appealed against the
conviction on the ground that, inasmuch as that section
only applies to the encouraging, aiding, or assisting, at the
fighting of nooks in any plane regularly kept or need
for that wpm), as mentioned in the first clause of the
said section, so as to subject the keepers of such places
to the penalty Arad by the statute, and that there was
no
evidence to show that the stone quarry was • place so
kept or used. The magistrates held that the quarry wee •
place within the mewling of the act, for the purpose of
cockfighting, and that it was so used on the day in
question.
Mr. Hawkins, QC., appeared in support of the convic-
tion ; Mr. D. D. Reline for the appellants.
Mr. Hawking said the question for the opinion of the
court tented upon the construction to be given to the 3rd
section of the 12th sod 13th Vitt., cap. 92, "That every
person who shall keep, or use, or act in the management of
any place for the purpose of fighting any cock, or any kind
of animal of a domestic or wild nature, shall be liable to •
penalty not exceeding Si. for every day he shall so keep, or
use, or set in the management of any such place ;" "and
every person who shall aid or moist at the fighting of any
such cock or any such animal as aforesaid shall forfeit •
penalty not exceeding 51. for every such offence."
Wea it therefore an offence to fight oocks or assist in their
fighting in any place, or was it confined to a place habitually
used for that purpose? He contended the cockfighting
charged against the defendants was an offence, in the magis-
trates had found that it took place " in a placed used for
that purpose." The judgment of the court was asked upon
that point. The object of the legislature was to prevent
cockfighting everywhere.
Mr. Justice Cronipton said the section applied to the pleas
and aiding and assisting in that place. He doubted if the
parties had been prooseded apiost under the right section.
Mr. Hawkins said they were eouvicted for fighting and
assisting In the cockfighting, in a place then and there
baths used for the of cockfighting.
Mr. Justice Vi" tarn—Suppose persons were to go into
any field or place by chance to fight cocks, or to do so on a
highway, would that be a place used for the fighting of
cocks!

Mr. Hawkins thought it would if they went there espe-
cially for that poee.
Mr. Justice Wightman—Then the legislature need not
to have troubled Wolf about the place.
Yr. Hawkins said it never could have been the object
of the legislature to make the penalty depend on the num-
ber at times the particular plane had been used for the
cruelty.
Mr. Justice Wigbtman said it had been decided io this
court, in the case of " Clarke v. Haigh," that it was not an
atom to theist in cockfighting in a place not kept for that
PuX.ftliawkits said the justices had found there was a place
so used.

Mr. JustioeWightmaa—Just assay plan would be where-
ever the cockfighting took place.
Mr. Justice Mellor said the keeping • place for the purpose
must be connected with what was actually to be done there.
Mr. Justice Wightinan said his only difficulty was "any
place." The cocks can't fight incept in some place.
Mr. Justice Mellor said that if any place would do there
would have been no necessity for the proviso in the clause
for the daily 51. penalty.
Mr. Justice Crompton—And the words " as aforesaid"
would lied to the belief that the cockfighting must he in
such a place to make the penalty. The learned counsel
was askinjitiireie judges to revere the considered judgment
of four'
Mr. Haw submitted that the object of the act was
to prevent, and not punish.
Mr. Justine Crompton said that if a man kept a room
op4.74,tigone dairt:eyeed charged for adminion, it would be
• knew very well what was meant by
the " k " a hove. There must be some control over
the premises. If a man's children performed in his house,
he could not be rid be was keeping a theatre.
Without calling upon Mr. Keane,
Mr. Justice Wiginnean said this was a precisely similar
met to that of "Clarke v. Haigh." That was a considered
tof the full mart, and they decided that mere
Judgment of the full scoot, and they dicided that mere
eoclghti.g was not as odium The court had been
asked to review that decision, bat he was more disposed to
confirm that decimicia.

MD other loosed jadies (secured.
Judgment for the appellants.
The court disposed of several other eases in the crown
paper, most of them being settlement PAM