The Express.
London, England, 1853-06-08 00:00:00

NAVAL.

SECOND TRIAL OF THE DUKE OF
WELELVOTON.
POBTSIL__ _
The Duke of Wellington, 131 guns, screw etc=
ship, Captain H. Martin, C. 8., having completed her
fit oat, got up steam this morning in harbour to go out to
Spithead. The importancz of tho event excited the utmost
interest at this port, and caused thousands to assemble at
every point of view on the sides of the harbour, to witness
the progress of this meitnificrot ship to Sp.thead. High
enter was at 'boat 10 skates to 12 o'clock, and some specu-
lation was miaowed in as to weather there would be a suf-
ficiency of water on the bar outside the harbour to enable
her to cross it is safety,. The public were not generally
admitted on board, but those having a reasonable ex-
cuse for being there were not excluded. Among others,
the following were en board :—Tho Right Hon. Earl
Spencer, Sir Thumu Byam Martin (Admiral of the Fleet),
Vice-Admiral Bowler Rev-Admiral Fanshawe (Superin-
tendent of this Diiekyard), Rear-Admiral Faoshowe
Martin, klajor•General Simpson, Lieutenant-Governor
Major-General Panshowe, Captains Henderson, Harris,
Pelham, Robert Sharpe Mr. Dinner, from Somerset
House. Re., its. Several lilies were also on board.

Ants 7.

,
At a quarter to twelve the ship was under weigh, but a
hulk being is the way a little delay was thereby occasioned.
and she was carried by the tide somewhat astern. She
soon got herself into a suitable position by the care and pre-
sence of mind of Mr. Underwood, the Master-Attendant of
this dockyard, aad Mr. Jones, the pilot on board. She then
began to make head way, and was soon breasting
the strong tide that was running iato harbour
at the time. In passing the Victory, flag-ship, the band of
the Duke strode up " God save the Queen," and another
minute brought is view the crowds of people assembled on
the Hard, Ports's, and other places, from which could be
obtained a view. There must altogether have been some
10,010 ff 15,000 persons present on the shores of the har-
bour. The noble ship proceeded through the Channel with
Black speed, but with perfect ease, against the tide, and
as she neared the bar, which is situate between Hollings-
worth's Rooms and Suuthsea Castle, right across the hat-
bout agate!, deep interest, if not ansuety, began to be felt
se to whether she would quite clear it. The speed of the
ship was diminished, and the utmost attention was paid to
the reports of the leadsmen on both sides of the
vessel. Every throw of the lead produced a di-
minished depth of water, till at length their re-
ports showed that there was only a spate of
le to 2 inches between the after part of the keel and the
bar. The suspense as to what the nest throw of the lead
would indicate was, at least on the part of the non-pro-
flesiosal persons present, greatly relieved by its showing en
increase in place of a decrease of water, and in • few
minutes an ample depth was obtained, and all danger was
as en end. Full power was then put on when it became
obvious that although the ship was much deeper in the'
water than on her previous trial, she was nevertheless
going at a very high speed. At her first trial she had no
guns on board, to-day she had the whole of her main and
middle deck guns on board, betides twenty-two of her
lower deck guns; these latter were placed forward to
bring her down by the head. The total number of guns on
board was 97. She had also a large quantity of ship stores,
provisions, Ike. on board to-day, beudes her crew of °Mears'
and men, at present amounting to 840. These in-
clude 210 marines, 30 marine artillery, and 66 boys. Her
full complement will be 1,100 men.
As the vessel approached Spithead she saluted the flag of
the Commander in-Chief, Vice-Admiral Sir T. Cochrane,
with It guns, which the Victory retained with 7. The
Duke of Wellington then made her way to the measured
mile in Stoke's Bay to try her speed, and made two runs
there, the results of which were as follow :

lolrttreta,with I
tide
Ilesood nia, •
spirt tido. i

resel Is kr
per beer.

A.=•

The pressure of steam was nominally 15 lbs., but in
reality the engines could not bo worked beyond a pre,-
sure of 131ba. to 101bc, owing to the boilers being
too small. To-day the ship's draught of water was
21 feet 10 inches ; on her first trial it was 24 feet 3 inches.
Tho difference between the averages of the runs made to-
day sad those made at her previsus going out showed a dif-
ference of about three-tenths of a knot in favour of the
latter. The results of the above trial are obviously of the
most satisfsetory character, and were regarded as such on
board. After the two runs the ship was put through several
evolutions, exercising her expansion par, turning round in
a circle, backing astern, &c., all of which she performed
with the utmost facility, and in a manner that excited the
warmest admiration of all on board. The shake of the ves-
sel to-day was apparently much less than on the previous
trials, owing no doubt to her being deeper in the water, and
consequently steadier. At 4 o'clock this afternoon the Duke
of Wellington came to an anchor at Bpithead, and her visi-
tors departed for the shore, but just as she was doing so,
there was a cry raised of " A man overboard." It appeared
one of the crew had dropped from the aide of the vessel into
the water, but without striking against anything. He was
Eirked up unhurt. The Duke of Wellington 'maim at

ADMIRALTY, JUNE 7.—PRomOTloss.—Commander
W. K. Hall, to be Captain; Assistant-Surgeon J. W.
Elliott, to be Surgeon ; Second Masters C. Albert, H. A.
Martin, and J. Hitehings to be Muter.. Ai. romerments.—
Captains T. P. Thompson, to Vestal, and J. M'Clentents
to Terrebk ; Oentmanden F. Woollcombe to Styx, and
J. St. Leger to Coast Guard; Master J. Hitching. to
Centaur.

MANNINO THE NAvr.--Yeeterday, the recruiting
quarter-muter, from the " Crocodile" receiving ship, ly-
ing off the Tower, were extremely active in the vicinity of
the docks, Tower-hill, Ratcliff Highway, and the other re-
sorts of without-seamen, besting up recruits to complete
the crews of her Majesty's ships, Wellington, London,
Aniphion, :Comm, Barracouta, sod Brisk. Numbers of
ordinary seamen and boys offered themselves, but of able
seamen few presented themselves.

TILE BIRKENHEAD ELECTION OF COMMISSIONERS.
—Yesterday the election of eight commissioners, to fill up
the vacancies caused by the retiring of several of the dime-
tors, took plies at 8 o'clock in the morning. The contest
was between the " Blues" (Goldsmid's party) and the
" Reds " (chiefly localista), and at a quarter past 1 the
" Blues " were 138 votes over their pponents.
UNITED LAW CLERKS' SOCIETT.—The twenty-first
wisersary of thin excellent society is announced to take
twion 14th inet.—The Hon. Mr. Justice Coleridge
tlemegalawl is raids ; and Sir John Fifteen's om-hides
eft QsSiell Beal" the Vice-Chancellor Pigs Wood, sod
ober aidnenished =WY= st Ike
_legal priohaiss, hare
plaid to Moi

UAW iiitelitanCt•
HOUSE OF LORDS.-YESTERDAY.

AITFALS.
Their lordships were again occupied in hearing the ease
of Ranger v. Great Western Railway. The appellant's
ease not haring yet closed, we postpone oar report.

EQUITY COURTS.—YESTERDAY.
Rayon vin Muria or TIM ROLLS.
JINXING. r BROUGHTON. . .

The hearing of this awe, which has occuried the court
several ..a)5, was brought to a conclusion to-day. The b.ll
was flint to compel the directors, who are the managing
directors of the Craig • Mwyn Lead Mine in Wales, to
repay the plaintiff the calls which he had paid in respect of
719 coerce in the mine and interest thereon, on the ground
that he had been induced by false representations of the
defendants to take the shares in question. It appeared that
in June 18d0 defendants took a lease of the mine for 21
years, having been in possession of it ;under en agreement
for saven years, and they projected a joint-stock company
on the cost-book principle, the stock of which was to be
1,600 shares, at Si. a share. It was alleged that
in Septeinte:r and October, 1510, various reports, and ulti-
mately a prospectus, appeared in the Muting Journal, I. y
which the defendants invited the public to take shares.
The caul made by the plaintiff was that, trusting to the
glowing representations so published, as well as from state-
ments made to him by a Mr. Bell Williams, the agent of
the defendants, he was induced to take the shares; that
the statements and reports in question were false and ex-
aggerated, and particu!arly that, with reference to level
Nu. 1, in which the lode was stated to be two feet it was, in I
fact, only eleven inches; and that • statement that a
parallel vein had Wen found was not true, inasmuch as it
had been worked at all. Anoth, r principal misrepre-
sentation relied on was that level N 0.4, was stated to
contain valuable ore, while, in fact, it was nothing more than
an old worked out level, which hid been long since aban-
doned. On the other band it was contended, on the part
of the defendants, that plaintiff, who is a barrister, and
well acquainted with mining matters, bad every source of
information open to him, and that he was fully qualified to
form an accurate opinion as to the value of the mine; and
a great body of evidence was adduced to show the bona
• sof the defendants.
His Honour reserved bisjudgmcnt.
Brsr.erss or Tilt CounT.

A notice wu rested in the court to-day, stating that in the
sittings after Trinity term, his Honour will hear ex-
ceptions and further directions, further considerations and
further directions and costs, previous to proceeding to hear
original causes.

COURT OF QUEEN'S BENCH.-YESTERDAY.
Emma BANC.O.—BI7OLO LOID SAMPM.L, Ma. Rill=

tat—oc;74 iii-1;;rn-c-s PALI. AM; la.

BE BOTCI.-HABLAS COSITE:-•P011111 or COUNTY
COVET 'upon TO IMPEIBON.

In this cue a rule nisi for the issuing of a writ of habeas
aerpu was obtained list week. The facts of the case
ase briefly as follows: Mr. Boyce was summoned be-
lie the Judge of the Brentford County Court upon a plaint
mover 31. 13s. Judgment was gives for the plaintiff,
Mil ea order made that Boce should pay the amount by
erten instalments. He flailed in doing this, and, conse-
quently an order was made by the judge, committing him
As prison for seven days. Some time after the ex-
piration of this term of imprisonment, the debt
still remaining unpaid, another summons was issued
against Boyce, and upon the hearing he was committed for
MI days. This term having expired he had been, summonses
laving been duly issued, twice again imprisoned for 40
ddaby order of the judge, and at the present time was in
by virtue of the last commitment. The rule obtained
was for a writ of habeas corpus to bring up the body of
Boyce, in order that he might be discharged.
Mr. Francis now moved to make the rule absolute. He
relied upon the 103rd and 99th sections of the County Court
Act. Under these sections, while it was expressly declared
that imprisonment should not put an end to the liability et a
defendant, it was clearly stated that the judge should only
imprison, after the first time, where some new fraud or
other default had taken place. The warrants for committal
in this case recited no new default. The statutes ought to
be construed strictly, for if the present committal were held
good, then the County Court judges had virtually a power
of perpetual imprisonment.
Mr. Justice Coleridge observed that that was no more
than the Commissioners of Bankruptcy poetised.
Mr. Francis submitted that it could not be intended by
the legislature to vest so important an authority in a court
of inferior jurisdiction.
Lord Campbell was of opinion that the defendant must be
remanded. He saw nothing in the warrants inconsistent
with the fact that, upon the issuing of the summons before
eaca recommitment to prison, the judge investigated the
mattes, and found that since the judgment was pronounced
received _

the defendant Boyd had — moneys whereby he
might have satisfied the debt, and that, nevertheless, he
had neglected to do so. That being so, his lordship was of
opinion that, under the 103rd section of the act, the County
Court judge bad the power to issue a fresh warrant of im-
prisonment, for a term not exceeding 40 days, as it was a
new default" in payment consequent upon a fresh
proceeding before the County Court. Of course this
court must assume that the judge below did his duty. The
power was without doubt a formidable one, and it ought
always to be used with discretion. It did seem at first
sight rather a severe punishment that, for a d.h• of IA.
a man should be imprisoned for 127 days; but their lord-
ship. must suppose, from what appeared in the warrants,
that the circumstances justified the judge is the coarse
which he had taken.

Mr. Justice Coleridge was of the same opinion. If Mr.
Francis's view were correct, then a man might, although he
had the means of paying a demand, withhold payment, and
after once beinf imprisoned, the creditor would „,have no
mesas of enforcing his claim.
Mr. Justice Erle and Mr. Justice Crompton concurred.
Role refund.

INSOLVENT DEBTORS' COURT.—YEsTERDAY.

Hiram& TEs Carl? Coxxisicatint.