The Express.
London, England, 1859-04-02 00:00:00

ASSIZE INTALLIGENCE

NORTHERN CIRCUIT.—Limrooi, Arm!, 1.
CROWN COULT.—(Before Mr. 'wise Willem.)

=AI ON 07 N4IIDNI ON BOARD TN6 noootkammam
In4iMi Zitehek second engtrater of the steamer Bogota
was 'radiated be tie mordor of Thomas Lasdorot firms os
board that meol, ea the voyage from filo to LivarpooL
Kr. AttempOomal Bliss QC , with wilcon woe Mr.
promoted, arvi the prism. was delnisl by
Kr. ten end Mr. Brett. Mr. Aspaall spraorel to
mad tbs cue caa;behalf of the casein ad an/laser, Jobs
Buchanan. _ _

In oprieg the case, Mr. Blies meld that there mired
nothing more than the statement of the clerk of the mown
in order to tall the jury the nature of the Inquiry, and to
secure their Wirt and continued attention. They would
find in it much perbepo to tax their patience, whir they must
endure, something to move their holinge, whisk they mot
supper end restet; and if after patient inquiry they
found anything Involving a painful restorability, they
meet show firmness and strength of mind sufacicat
for it. But if after patient inemiry they ford
the matter Involved in any doubt which they could not dis-
tal, they must give the pruocer the berth of the doubt.
nie primmer, together with John Buchman, who was or in
enetcdy, stood indicted for the wilful den of Thor
Landor,-tbe offence being committed on the Illth of Jersey
hut, and the means of death being eranenenat of
the dimmed in the stoke-hele of the when the heed was
excessive, and where in corequeer of bed the dewased
boar to exhausted that ho was removed in saying Mate to
the dwk, where he shortly muted to exist. The Berle was
a paddle steamer of about 658 tons burtheat. In 1313 she
weed to the Paific, and had Leen employed there in maybe
the mike until the end of llsessehir lest, when she we
PAPA Poe. Lando, wee a native et Oaiewefl, bed boa
es a fakeer in ChM, had mold • filth mask
_awl
wiled cone ham Ituatecallytragsl wia he vanted to
week lie penser, and entwed es bed the
Bagels as a stoker, and meddles Is that espeeliy.
The skip relied hoot Vales/side ten the 11716 et Desessber,
18411, brim • crew of 67 persons, wake the emeamil
Henry White, muter. There were hew saglown, et whom
Jobe Buchanan wee the first width, please the sesta& Thin
wows twelve firemen and ea dawn. %paw with a_ _ _ dray
on board. The ship sailed on the Vat al Deoweles, doubled
Cape Horn, sad put into Rio Janet& 17psa seal dap
Leader was equal to his work, but whoa be elm into •
warm latitude he was quite unable to ohm the best of the
stoke-hole, complathedfronsathrof k.aerrared orange
situations with eastber nee, awl sated IW. fondo ro.
This, flowerer, was net peertled. On ekig Rio
amnion he even prepped sr Intended to he dYoharged from
the sidp as smother wrens et Ow mew, sad psy for his re-
ar hone, bat he afterwards ehewged his mind. After the
lire had beta Pau d end !pat la east at Rio the vessel, on
the Nth of homy, IP that pert, the des be lighted in
the morning, and the vessel about noon. 'Lorawas
in the prieoner's watch, which en that day wee up to twelve
&dock, and from four to eight. At twelve o'clock Lender
volumed his duty in the after stoke-hole, and from that
time be went off duty and remained in the forecastle lentil
her. At four o'clock he wee called upon to 'titan to his
deny. The day wan extremely wane, sad no Or stirring.
There had been some rain, but the hest wee so pest
that the creels furore to give his men say hard duty,
thwart notwithstanding this one or two of the men were
"knocked off," an It was termed, in conarnmee at ex-
hort* from the excessive heat. At 4 o'clock, the descend
being used to go to his duty, went down to the sitar stoke-
' bar sad after some time mine back, being unable to eodure
the heat. Mitchell ordered him down aria. He west, and
Ed• little, bet men op again, and mak down on the deck
exhausted, ooniplabiing that he could not stand the
and could not do his work. Tr prisoner belated upon
the going down the after stoke•hole, and tattier him to the
Irchway pared him down, telling him that if he did not
de his vat he wasld chain him down there end make him
he te. The three. went down and came up again, being
vasble no aims the heat. Daring this time both Mitchell
end theiren wen dowalieitsbabealine,roolll, and thewiso-
behly saw the desinest, Leaden, go upon deck.
he west up this het One g who was is the engine-
seem, Pied te sneers pros, armed William Banhenen,
aka a Weber ad tell him trzego rAps yam. Atter
UP the phew/ mat asal tra Barham'
Pat, to pt the lope Oa he hod the deemed
tries dews, et the lest, end protating that he
wall nets,
stead Jetta Enebtasa, the chief, and Mitchell,
as mow farrow, tatted arm his going down, and Bu-
elmnea oared Mitchell to take him down end tie Idea be-
low. He was rhea down by Mitchell, with the assistance
el ware our, into the fore stokehole. The deceased cried
that It would low aim, and uttered soy moving eepreeeteue
which he (the learned counsel) would not repeat. He re-
ined, but Michell t role his head away from the trot to
Okla hearft, forced him done the forward seriebole, tied
his ore bard him, and prang the rotor which he
gal teem Buchanan round his waist, fastened him to the
Lehr sr stairs below the stoke-helm (the position wee Illur
reed by • model), within about tbr, egfeet of the nearest
hinter there being elm furnaces In this pert
of the reel. (The learned counsel then de-
oohed the model, pointing out that between the boilers
woo a pewmp 3 feet wide. leading through the engine-room
into the saw stokehole. After Mitchell had tied the de-
emed he west into the engine-room and there walked back-
wards and forwarde. The engine-room, baring a larger
barb over It, was reach cooler than the fore stoke hole, end
from thanes Mitebell could see the decamped tied at the feet
of the ladder. The deceased, when tied, complained sad triad
out, his cries being heard is the forecastle. He struggled
and writhed, and whiressed himself first to man, aftermath
to Oed, until his voice become fainter and fainter, and he was
seen to fell by thaw who looked down the hatchway. He
suet have remained tied there from half-an-hour to three-
quarters. Tht re were two triage up la the time ; and oar the
mond occasion of firing the deceased IMO seen to swing
mond, and fill with his head tewards the furnace, so that
the fireman was of to move him away with hie bees
is order to open the fumes door. The dresses
saw that he was in an itueoeible state ; and whit he had
dished Ws duty, he went into the engine-room,and in-
formed the err eughteer what had taken_ piece. Mitchell
ere, looked at the deored, went up the ladder, and shortly
afterwards returned with the chief =wager and the dotter.
They saw the deceased, who win inseasible and unable to
rove, end kid him carried on deck, where be ley garieg for
breath. Thedrer ordered his head to be bathed with cold
water, bat respiration became slower, end at lost cried alto-
gether. Means were taken by the doctor to promoteartifi-
cial reephatket, by rolling him suer on his side, bat all
too late, for the man was dead. He was buried
in the usual way, tad the ship west on its
wane, orreries at Liverpool in Much Int. On the day
ease the arrival memo of the mew complaird to the police,
end both Boatmen sad Mitchell were
Mitchell, when srres'ed, said that whatever he Mgidrtnmed.wt
by order of hie superior often, and it wee not improbable
that this would be alleged fa hie &force. It would probably
aloe be made to elegem that an opinion prevailed, and was
prheps shared in by the triune, a, that the deceased wee
g, or shirting his work but he (the horned
esessel) believed they would find that upon this corks at
left there was no pretence, but an honest disability to per-
form the work he woe set to do. Bat even if he led
been skulking, it did not follow that the pet-
sorter or Buchanan had a right to punish him,
or at en, rote in the meaner described. The
muter of the vessel alone had a rObt to indict such •
punishment II was required. Even bad the pram or
Buchanan the right of pershment, this kind of priereast,
sod to this ester ought not to have been higteeed. It
might be alleged the the joy could not believe that Mitchell
istondid to kill the sere; but even if they sherd be of Oil
opinion it would not make say dilatant* is the wine now
laid to hie charge, for it wee not weeeasery in war to con-
stitute the crime thee the person who Haled the deceased
shosid have intended to kin W. It he intended to de his
• seioua bodily Wm, dengerece a DP, ad did •
swims bodily bent, in coseepenes et which the awn
died, the culprit was guilty Cl the sepal ensues soca
it be did not intend to kill. U the
hid esecated ea order which he Mt bound to ebritibr.erthr;
the woke wee ea illegal oar, It raid sake ao eels
the awls% Peep k might entitle the primer, prism to
mese escsiewatien. But there were some therstaame
from whit* he believed the jury would and that the idea
=be deemed below migrated with the primer, sed
bet Unarmed to "chain him down" there before
eider 0.65. He believed they would fled that the
had provided ropes before any eider wasgiven ;
QTle.. whole time thetased wee condos:l then Mitchell
re walking user him, when he must have seen sad heard
lies: and that tough ms word from the primmer
word have relieved the sufferer, 'tieat word wee not
spoken, awe any off et of relief made instil he
we told that "Turn was deed I " The Mead camel rid