The Express.
London, England, 1853-12-05 00:00:00

TRIMMER V. DASIBY.-MR. TESSIER'S PICTURES.

It will be recollected that about a week since the Vice-
Chancellor stated the effect of the report which he had
received from Sir C. Eutlake, Mr. C. Stanfield, and Mr.
Hardwick, in reference to the future cue of the picture
gallery of the late Mr. Turner, and recommended that all
parties should consider generally what had better be done
in the matter.
The Solicitor-General now said that since the matter
was last mentioned an endeavour had been made to Snd a
suitable fireproof place of deposit for the paintings, but
without success, as all such places appeared liable to objec-
tion on the ground of dampness. It was therefore proposed
to follow the recommendations of the referees, and place
some sae in the house in Queen Anne-street to take care of
the pictures.
Mr. W. Norris said that any arrangement must be with-
out prejudice to the next of kin, in case they should be
declared entitled to the property and not to the pictures.
The Vice-Chancellor said that if the public were de-
ckled owners of the pictures, the costs of the next of kin
i should be duly taken nto consideration.

0.....----Ne Emulated the Melbourne lest Mon-
day, at the instance of Mr. Bristow, the attorney, and a
gentleman connected with the company. Ile did not know
whither the pigsties were there. He did not go on the
forecastle, but he went to see the two decks below. He
never heard anything about pigsties until he came to this
court. The ship had been classed, as was usual, but not
painted.
Captain Reeves—Was a surveyor to the Emigration
Commissioners. He had commanded a ship about twenty-
five years. He went to see the Melbourne, and saw the
COURT OF QUERN'S BENCH.—SATuaDAy. second class accommodation on the way home. It was the
airmen ar ma rms.—wpm was castrszu. ass main usual and proper accommodation. The berths were the
remise. usual berths. The cabin had six scuttles, about 8 inches. by
DOWDILL v. TIM AUSTRALIAN ROYAL MAIL STRAY NATI- 6 inches in size, and they could be opened or shut, and
OATION COMPANY.—CHARACTIR OP A PURSES. there were two skylight'. He agreed with the evidence of
Mr. &deem Wilkins, with Mr. Gray, appeared for the Captain Gilmore generally. There was no place so good as
plaintiff; Mr. K. Macauley and Mr. Lush represented the the second class saloon for the coals on the way home. It
defendants. was in the centre of the ship, and if they had been put at
The plaintiff in this case had been employed as a purser the extremity, the ship would have been unseaworthy.
on board the defendants' vessel the Australia, and brought Captain Mills,* muter in the merchant service, had been
the action to recover damages for a breach of contract on at sea thirty-four years, and had been accustomed to the
the part of the defendant', in not employing him as a purser passenger trade. The accommodation was perfectly proper
arm a voyage to Australia. The defendants pleaded second class accommodation. It frequently happened that
snesral pleas, the most material of which was that the plain- two married couples were put in one cabin. A greater
tithed obtained his appointment by fraud and iniamprewn. quantity of coals was required home to the Cape, because
Mien. It appeared, from the plaintiff's statement, that in the prevailing wind was easterly. It was so ten months in.
Deaember last he had sent in various testimonials to the the year. Thecae's could not have been placed anywhere,
erimpeny, showing that he bad been a purser in the Royal better than in the second class saloon.
Navy, and had always borne a good character for dill Cron-examined—He did not recollect having ever taken.
rime and sobriety. He received his appointment third class passengers. They usually in sailing-vessels
in February, and started with the Australia, placed the second-class passengers amidships.
/Which, after setting off three times, was found so Mr. Pollard—Was steward in the Melbourne, Mr.
unfit for the voyage, that at last is the beginning of April Boulter was the principal steward, andthe did not know
she was obliged to return to the Thames. The plaintiff where be was. Witness attended on the secona.class pas-
then received orders to pay off the crew, but the officers singers, and he saw the provisions weighed. The scale
were retained upon half pay. The plaintiff was employed was pcetedi inthe cabin. The sailors had provisions out of
in .superintending the transference of the stores from the the same casks as the second-class passengsm and they
Australia to the Victoria down to 31st August, up to which never complained. The provisions were iood. The
time his accounts were sent into be settled On the previous second-chum passengers were not clean by a long way.
31st of May he, as well as the other officers, received a They smoked aad spat, and some of them I-_ad their gold in
ftoerntinhtw's notice of dismissal, a
diunisssl nd it
Liweaspfrer *tont* , aeh
actione cow% their beds
Cr .
was
in irons for being drunk.
brought. The plaintiff stated that he had served upwards He was sent to .. screw-alley" for taking bread out of Mr.
of 19 years in the Royal Navy, and had never heard of any Morgan's cabin ; Morgan had taken it in, but witness had
charge being breught against him, and certainly had not no right to get it out. He was not in screw-alley, but he
been disinissea for misconduct. The captain end one of was next door to it for a day and a half. He could not say
the passengen of the Australia ware called, and proved he was drunk on the voyage, but if he was it was with what
that while the plaintiff was in that vessel his conduct had the passengers gave him. They accused him constantly of
given entire satisfaction. being drunk, but they were nearly always wrong. They
The defence was that the plaintiff wasnot competent to said he could not do his work, but he could do it.
fill the office of purser, as he bad not been able to give a Re-examined—When they got home they did not com-
proper account of the stores which bad been entrusted to plain of him. On the way home be had a certificate if
hint, and that he had been' dismissed from the Royal Navy character from the passengers. Sometimes the meat was
for having sent in to the Admiralty, in July, 1847, with an not properly cooked, but if it had been there would have
application for employment, • supposed
certificate from been grumbling and growling.
Captain Henderson, under whom he had formerly served Mr. Henry Le4er—He was ship's cook home. The
in the Sidon, the signature to which certificate was forged. sailors and second ain passengers had the same provisions,
Captain Henderson, who is now comptroller-general of the and the sailors never complained. The provisions were
Coast Guard, on being called, stated that he bad given the good. He only cooked occasionally for the pamengess
plaintiff a certificate in July, 1847, on his discharge from coming home.
the Sidon, for diligence and attention, but not for sobriety, It was then proved that the chief cook was sow oat of
whereu the certificate sent in to the Admiralty included the country.
sobriety amongst the plaintiff's qualifications. Although Captain Gilmore, recalled, said that the salt beef was
the plaintiff's name had been removed from the official list always Cooked in salt water.
of the Admiralty in April, 1848, the Admiralty had stated This was the defendants' case.
that they should have no objection to his being again em- Mr. Serjeant Byles said he must again submit that this
played, if any captain applied for him, but any such cap- plaintiff had not proved the contract, as it was RUSISAIW
tail( would be informed of all the circumstances of his OW. his decimation.