The Express.
London, England, 1865-02-02 00:00:00

COURT OF QUICZNI73 =FOIL
Alter Tens Nil Peiui Attie. et eekeiseler•—(Bolon
the Lord Mei Jostles Obere sad a Spada Jury.)

TIM QOM W. 111011131.1.—M 0•111 OW Tea ZAPPARSJISOOIL
This was • poi heard cede (ram the alai One Ninon
lammed last term, sad it will be el
fremaine that it waa ad-
at the sad of the first day consequeare
of the names_ else by Charlie Newman, who
vas net numised baste the magistrates, Miklos the delis.
dint by surprise. The &Nadas% who was an officer in hat
Majesty's dockyard at diumewew, war isdieted miler the'
Foreign lalistiamil An for asillas_ is the min* sad
eminent of a vaned el war is Novembir, 1863, with
intent that the should be eupged in the mewls of the Coa-
litio& Wake p sad la Maury, 1864,' the defendant was
imosnalkwil for tall, the intlietment being removed into this
loon. He was obergel or follows, "Tat be did seism.
f ally hiss, Meal, engage, and proem% end attempt, and
endeavour to hire, Mein, engage, sod promo divers moos
to sant sad eater, and esp. to east Redone. and be am-
ploys& is the eirvies of, sad for, sad is aid of Gonda loreip
states, provisos, sod people, commonly rolled the Om-
federate Stoles of Armies, sod of the persons assuming to
enrolee the pones of tieversont is sad over the said
Solo: he., as seams end otherwise is sea semis" for
saihtid ol the said ionise Mato, do., and the;
to nisei& powers cd governmeet
ral.lover=e d Steles, En, an to go sod spite to
go aid embark tram the port of Illiessem for
the poems nil with the lint to be sells=
costany to the stains la seek ease mails and
farther that be did uelawf ally, and without Crl iitg sod
nesse al hit Maisel., equip, , end it out, and
knowlegly aid sad mak sod wasfareleheseeined in the equipping
famishing, and Minton ol a certain ship,oalled thaVietor,
otherwise called the Smile, otherwim Win the amen
hennook, with inset sod in order that the ship should
he employed In the service of girds
states, provinces, sod people, commonly smiled
Onfaterste Slates of Amities, and of the ponces sessedell
to nuns powers of government over the mid he,
with latest to ernes and ono& bentilities amid Ille
United diates of Anodes. and the sublets sad Ann of
the United States, with whom bet Majesty war sot then.
sad is sot pow, ide wet, °Meaty to the statute in=
made sad provided." The defendant was
for trial under the 60 Oeo. ILI., chip. 60, see.
whlah provides, "net if say Mara IMO tabled
his Majesty, without the leave sad license of his
Mandy, shall Witt, or rotor himself to enlist, or shaft
agree to enlist, do., to serve as a soldier or to be ern
or shall serve is any warlike operatic* is the traria at
for or under, or is aid of any fool. mime, Man
or non, on spin to take or accept say omunkelow,
transit, at appointee% or as Weer, or shall sadist onto
himself, or shall ewes to enlist or ester himself to sine as
a sailor or modal, or to be employed or sassed, or
shall servo Ii or an board say ship or venial of
war rco board any ship or vessel mid, or fitted out, r
equipped, or Weeded to housed for say warlike purpose is
the service of, a for, or sailer, or is aid of say forigo
power, mien One, ho. ; or sexciimetren, as agree to
or go, shall go to any fossign musky, in, with an
into% or in order to enlist or eider mesa to sine, Of with
intent to mere is any warlike or military operation what-
ever, whether by Ind or by eta, in the sievies of, or fee, or
ander, or in aid el any fassigu Moos, Mate, do.
or se as aglow or a soldier, or la say other military tins-
elly, or as as oMaer ar sailor or merle in say such vessel
as aforesaid, altheweb_no milting money or pay or reward
shall have been or doll be is either of theft cases aforesaid
acitually paid to or resolved by him, or by any person to
and for his nor or been' ; or if any person whatever
within the limited Legion of Great Maim sad Ireland
or any part of his Majesty's dosninioes elsewhere, do.
shall hire, retain, enpgo. or procure, or shall attempt
or oedema: to hire, retain, espy, or moan any peens
or passes wbehrrie is mho, or enter, or some to enlist,
or to serve, or to be employed is any snob soviet et' SW
ploymist as al crosid, es as decor, soldier, sailor, or marls
adorer in land or Nil wervin for or unit, or in aid of, any
foreign prime, state, he., or to go or to agree to go, or em-
bark from any poe{ of his Majesty's dominoes, for the
purpose, or with WM, to be so seined, estired, engaged,
or employed or skeasid, whether any ono* moon,
pay, or reward shill have hiss at shall Molly be gives or
remind or not—ie say or either of such oasis every such
person so " abed* shall be &nod guilty of • mine-
sonour.The 7th elation. as to the equipment of na-
sals. le so follows " That If any men withiu say pen of
the United Kingbea, or in say part of his Majesty's demi.
aloes beyond the ism, shell, without the leave or
hisses of his Majesty for that purpose lust
I bad sad °Malan, as above said, equip, furnish,
it out or arm, or attempt or endeavour to equip, twain,
At out, or arm, or mown to be equipped. famished, Slid
sat, or armed, or shall nowisgly aid, men, or be oneirned
in the equipping, fornishies, or littiag out or arm* of any
ship or veseel, with latent or in order that such slijnr
vassal shall be employed is the senioe of say foreign
state, km., or shall, within the United Kingdom or 1;.;
his Majoity's deseinins, do., Moe or deliver say
Dominion for say ship or vessel to the lotion
that soak ship as void shall be employed as
aforesaid, every each person so offending shall be
&sod guilty of a iniedemesootir, do. ; sod every such
ship or vessel, with the tackle, apparel, sad foraders. toge-
ther with all the materials, arms, ammunition, and Mores,
'hide may bele, to et be at board of any Inch ship or
vessel shall be kefeited." The isellotanet costaine 186
coasts, divided nadir two heads, on relating to the enlist-
moot of men sad the other to the equipment al the nod.
The Solicitor-General, is stating the owe to the jun on the
knew occasion, observed that the legislature lied un-
doubtedly used a t number el words in setting forth
the various prov Wons is the Metals, sod it might bs
•
quoin whether its multiplicity of wards tended rather to
elucidate or to obscure the morning. But at all soots it
was abundantly obvious that it was Intended to prohibit
the &wand 'gained which the eel was &redid, that al
preventing any of the Queen's subjects bang is
felinity swim at warlike operation under any
state or power. And be farther maid that the view which
the crown took of the construction of the statute was thia,
that, any equimint of a voted with the prohibited
intent was the nines created by the Osten,
or in other words that it was not neomery that the equip
merit should be Medial a warlike chanson but that if any
porno equipped or aided In the equipment of a vessel by
providing bet with sills or rigging, or motive power is en-
gines or drivers—in fact, if he assisted is say equipment
whatever, be was guilty of as drone seder the statute,
provided always that it was proved that any equipment to
which he was • party was mode with the Intent that the
vessel should be suable& to commit hostilities against some
country at amity with our Qum. Upon the breaking
out of the war • %pproclamation was issued by the Queen, in
which it was declared that bet sublets, epos Ma of her
displeasure, were Dot to lettings the provisions of the
statute, sad the loran Solicitor-General observed that
with that prodmostion every subject of her Majesty must
be presumed to have been acquainted ; but certainly no
officer of the Queen, aid the defendant was one, could
printed to be ignorant al it.
The nets of the ease, as relied upon by the mown,
are these. In 1657 there was a screw gunboat built for the
crown celled the Victor, she carried 6 guns, was about 330
home power, and about 500 tone. She was employed for
some time in the navy ; but being f nd sot vary available
for the goverment service the Ada Admiralty meepted sa offer
in November, 1863, from Messrs. Gordoo, Coleman,
sod 00., shipowners, in Leedom, sod she was
sold to them for 9,0001. On the 6th of November Messrs.
Coleman were registered as ovens of the vessel,
although it appeared by subsequest statemeets of
Mr. Ramble that Veen Co hn= were not the real owners,
but • Mr. Zachary Pearson. The vessel was delivered to
the purchasers cm the 10th November, but before that the
warlike Minn ware tone out, sod she was sold without
masts, sails, or rigging ; some alight opals were done to her
in Shoornase-dothyard, and she wee takes out and mitered
in the Thames, a new same, that of the Scylla,
haring been given her. It was stated that she was
donna for a voyage to China, sod priparatkos
for a voyage were emended with rapsdly. A
number of men were put to work opoa he boilers, which
were supplied with both tubes. Men were also engaged
to put on board bar ostensibly for the purpose of tang to
China. The equipmint proceeded up to the 24th No-
vember, on which night she was suddenly taken out of
the Thames to eta, and she prooseded direct to Calais.
Her nano was then to the Bappaleannook
and at Odds the crown al=6adOeufedarate captain came
on board of her, who mid be had been a mate of the Ala-
ia:and took posseedoo of bee es captain. The Coated,-
i tete was bolted, and the Akers appeared in madam,
, was US out that she was • niso.ol.war, the crew were
, mustered on dee, and they were mond to coignwhat they
salted ankles of war. They wen Awed 81. a month wages
end 101. bounty, with • pooped of pries-money, theasptain
g
o, " I shall light pooped
eoustry and glry,andyou will
VA -for fame." Some ware Mooed to stay and others
tinned to this openly. Attempts MIN made to solid
mere miss, and some male wore taken cia board; but the
Preen government interposed and provestid say further
egaiment of the need ; a Booth man of war was mooted
MON bet bows mod she ems dataioed is that port.
The fans relied upon to prove the defendant's ooinpitisotZ
in the motto were them :—Aa a merchant veisel,
belonging to a private firm, Mr. Bumble, as
inspector of floating machinery, had nothing to
do with her, bat et would be moved that he was
on board of her almost stay day that she remained in
the Thames, giving aillitefees epee the subject of her equip-
ment. He premed boiler makers, gave the &rodeos, and
ordered new tubes to be pet is, and he also gave
dixecticies with respect to the rigging sod the other
equipments. 3 Application wasjes ma& toship the government
dal for the me of hit Maty the
and
apparatus for mining nosh aad,'s as the governated,ment bad
no name to sown that she was intended for sayings
more an a amerobent ossel, it was granted, and the wee
7:ly loaned by the govenment. Mr. Bumble
2riout or the pence to whom son isisseikalaiemploy-
mint oa the noel should apply. Ho Ma Ii
differ's% capacities, sad be agreed with as to
the amen" of wages they wen to rosin. He
paid the wens for NOM weeks, and told theta
that when they woe at ma he would take ears
that the portion of thdr wages which they did not want
should be transmitted to their wives. He also paid the en-
pease, al several on boo Weenie to Sloane, whs.