The Express.
London, England, 1867-08-20 00:00:00

:RIAL PARLIAMENT,

HOUSE OF LORDS.--310:4”5v, At:c.rsT 19,
I' the lloWsi: of 1A01:;,1 the Archbishop of CAN-
Txmou icy stated that the Ritual Commission had
presented their first report. They were enjoined
by her Nlajesty first to take into considera-
tion the subject of vestments, and they had
agreed upon their report on that subject, and it
would he immediately placed before their lordships
with the evidence.

The Commons amendments to the Consecration
and Ordination Fees Bill were agreed to.
-The Courts of Referees Bill, the Hours of Labour
Regulation Bill, the Church Temporalities Orders
(lrchinil) Bill, and the Railway Companies Ad-
vances Bill, were read a third time and passed.
On the order of the day for the second reading of
the Vestments Bill,
The Earl of SllArrEsrtrttv said it was quite clear
that as soon as it was announced that a royal com-
mission was to be appointed on the subject of this
bill it would be impossible to proceed with the bill
until that commission bad reported. The commis-
sion was promised them on the 14th of May, but it
did not meet till the 17th of June, and now theyhad
got the report simultaneously with the prorogation
of parliament, and of course the bill must be
dropped. He thought that the church of England
stood at this moment in a worse position than it
ever stood before.

The Archbishop of emcvescrr.v vindicated the
commission from the charge the noble earl had
made against it of having delayed their report.
They did not get the commission till the ith of
June, and the question to he considered was one of
the greatest importance to the church of England.
He should bring in his bill again next session.
The Bishop of LosooN said if the noble earl had
consented to become one of the commissioners he
would have seen that there was every desire to go
on with the matter as rapidly as possible.
The subject then dropped, and their lordships
adjourned at half-past five o'clock.

HOUSE OF COMMONS.—Mostrav, Acorn 19.
IN the HOUSE of COMMONS Mr. NEWDFAJATE gave
notice of his intention next amnion to bring in a
bill for the commutation of church rates.
The Lords' amendments to the Policies of As-
surance Bill were agreed to.
Tim house adjourned at twenty-five minutes past
4 o'clock.

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT. —LzvenrooL, Aro. 19.

Nl4l PRIV3 Co RT.—(Before llr. Justice Smith.)
ACTION AGAIN..? SKIPPERS OF EXPLOSIVE OIL

Mr. Justice Smith and a special jury were engaged the
whole of the day in hearing the case of the West India
and Pacific Steueiship Company r. Messrs Onion and Co.
Kr. Brett, Q. 0., M.P.. Mr. If iggin, Mr. li. G. Williams,
and Mr. Butler. were for the plaintiffs ; Mr. Attorney-
General daines, Q.C., M.P., Mr. Mellish, Q.C., and Mr.
Charlet. Russell, for the defendants. The first oount of
the pleadings alleged that the plaintiffs were the owners
of the steamer European, and that the defendants,
Stephen Barker Gebel and Frederick Wilhelm
blaxillier shipped certain goods upon the terms
that any loss by damage to the canto or ship
caused by ineorreot marking or other negligence should
be made good by the defendants, which lose they had not
paid. 2nd. That the goods were received on • warranty
that they were not of a dangerous character ; whereas the
plaintiffs alleged that they were of • dangerous character.
and that they exploded and destroyed the ship ; and,
il3rdly,
that they were angeiousgoods. The defendants denied that
the destruction of the ship was caused by the negligence
alleged ; that there was any warranty ; that the goods were
of a dangerous character ; that they were guilty of negli-
gence, contending that the plaintiffs knew the nature of
the goods, and that the defendants had no means of know-
in; they were of a 'dangerous character. The case in.
volved very large sums of money. and it also involved legal
principles of the greatest interest. The company were the
owners of a line of steamers that ran from this port to
the Isthmus of Panama, and the goods in question were
sent across the isthmus to San Francisco.
The defendants, who are extensive merchants in this
town, and shippers of goods, shipped on board the Euro-
pean. for correspondents, 70 cases of • compound known in
Germany as glouvine oil, and in this country a. Noble's
patent blasting oil. The allegation on the part of the
plaintiffs was that this oil was shipped without 'he pack.
ages Wulf marked in the proper way, and without any
notice being given to the plaintiffs ; that the oil was of
• dangerous nature. While the ship was being un-
loaded at Colon, in Columbia, • terrific explosion took
place. The ship and most of the cargo were destroyed,
and about 70 or nO lives lost. It was alleged that the ex-
plosion took plaoe with the oil, and the question left to
the jety to decide was, who was liable for this explosion.
The plaintiffs case was this. On February 13 Mr. C. B.
Bauman wrote to Meagre. Onion and Co. that they had
forwarded that day per steamer Leeds, via Grimsby, 60
eases of glonvine oil, and four of percussion caps and hard-
ware. On February 21, the oil was entered at the Liver-
pool custom-house aa 70 wooden cases of oil, no description
having been given of it. The goods were afterwards
shipped on board the European, and by the shipping note
there was nothing to indicate that the oil was of a den.
gerous character, no mention being made of its being glen-
vine. The stevedore, believing they were packages of
liquids, stowed them away against the bulkhead in the
lower hold, and upon the patent fuel, with other
liquids, consisting of geneva, brandy, and perfumery, very
near to the mainmast. Next to the bulk-head was the
engine-room and the funnel, close to which was the don-
key engine and boiler, and beyond that the fore-hold. The
European was a magnificent steamer, being upwards of
1,303 tons burden, and of considerable length. After the
goods had been shipped it was ascertained from the bill of
lading that the oil was glonvine. At the bottom of the
bill of lading wu a notice to the following effect :
that all fines and expenses, or losses by detention
of or damage to the vessel or cargo caused by the incorrect
marking of the packages, or by the shipment of liquids
without the same being marked, or the omission of any
particulars required by the authorities, should be paid by
the shippers or consignees of the goods. That bill of lad-
ing was signed, and the ship sailed on the Ist of March.
She arrived at Colon, in Columbia, on the Ist of April, and
en the :ird began to discharge her cargo. the passengers
having fortunately previously left her. The goods from
the fore and after hold were being discharged at the same
time by the steam winches, which were worked
by the donkey engine. Now two causes were suggested
by the defendants for the blowier up of the Yeast].
The aide of the steamer, which was an iron one, was blown
out, and considerable damage done to the Caribbean,
another of the plaintiff's steamers, which was lying along-
aide the same jetty. Captain Cole, the first and second
officer,', and about eight of the men of the European, and
forty or fifty native workmen were killed. The ex-
plosion occurred first over the spot whore the oil was
stowed, and dames issued from the hatchway in
a clear blue, with • very small quantity of
smoke. The ship soon after began to fill. This
was followed by a mooed and • third explosion,
and eventually the European was towed out into the IiVOT,
where abe soon sank, and the greater portion of her cargo
was lost. The powder magazine was seen all safe after
the two first explosions, and the donkey engine was all
right, so that the explosion could not have been caused by
steam. The explosive power of the oil was ten times as
great as that of gunpowder; it would explode from fric-
tion, and also if suddenly altered in temperature. It
was contended by the plaintiff that it must have been sub-
jected to one or other of these, hence the tdisastroua con-
sequences that followed.

In* aim is still proceeding, and ie likely to last sever►l
days.)

Laing, A rGCHT 19.
Neat Pates Colll7.—(Before Mr. Baron Pigott and a
Special Jury.)

GILLArr r. CLGICItO3B.-THE TIRADES nit°Ng

FIELD.

This complaint of a libel by an operative filecutter of
Sheffield against the chairman and secretary of the Masters'
Association for publishing the plaintiff's name in what is
commonly "a black list," was partly heard on
Saturlay evening. His lordship then strongly recom-
mended an amicable arrangement between the parties, end
the defendants' counsel expressed the willingness of their
clients to take all the cutters and grinders who had turned
out into their employment again forthwith. The plain•
tiff's counsel, however, said the men required an explicit
understanding that " the black list " should be withdrawn.
This morning his lordship, in taking his meat, said—la
this case disposed of
Mr. Seymour—l can only repeat what I said on Satur-
day es to what the plaintiffs want.
The Judge— I know what they want, and they cannot
have it. I must direct the jury unless you have settled it.
Mr. Seymour—All they want is a direction.
The .Tudge—l will direct them.
Mr. Seymour then slimmed up the plaintiffs' case.
The learned .Tudge then directed the jury, saying that
whether this was a libel or not was entirely a quest:ou for
them. Messrs. Turton and Sons' men were on strike, and
inasmuch en the men struck he (tbc judged supposed the
men could not object to the masters combining too. It
was a voluntary act on the men's part, and be al not sup-
pose there was anything dishonourable in publishing their
names, or that it was a libel to publish merely that they
were on strike. Even if there was a libel, the truth of the
publication wwi pleruled, and nobody could doubt that the
plea was established, because the men were on strike.
The second count an the declaration was altogether
novel in form. It wee substantially that the plain-
tiff, rsrrying on his trade as a fill cutter. the
defendants, intending to injure, ruin, aDd annoy him, and

to restrain him in exercising his trade and to prevent him
tibtainieg employment, printed in the newspapers, and
caused to be circulated, a circular, whereby Firth and Bonn
and others refused to employ the plaintiff. It was neces-
sary to take into consideration the whole transaction, and
see whether the muters had done anything more than the
men had done, and whether they had done more than
defend themselves against acts the initiative of which
had been taken by the men. The jury must deter-
mine whether this war done maliciously; and if not,
there was an end of it, and the verdict must be for the de-
fendant. If it was done maliciously, then the verdict
should be in favour of the plaintiff, and then the jury
would look further and say whether the plaintiff had
suffered any damage by it. The third count charged the
masters with having conspired maliciously for the purpose
of injuring the plaintiff. Had they done that from any
wrongful motive, not to say malicious, or had they done
it in self-defence Upon that was there any ground for
special damage, the circumstances as to this being the
same as under the second count! If they found fur the
plaintiff on the second and third counts, the question
would be whether all that was published was perfectly
true, and if so they (the jury) must find the issues for the
defendants.

The jury, after a few minutes' consultation in their box,
found a verdict for the defendants.

In answer to his Lordship they said they were of opinion
the plaintiff's name had been published without malice,
boni fide, and in self-defence ; also that the contents of
the document complained of were true.

CENTRAL CRIMINAL COURT.

dThrl,,, Minns, 34, a very respectable looking man, who
had been admitted to bail, surrendered to take his trial for
stealing a cheque for ref., the property of Messrs. Southey
and Co.

Mr. Montagu Williams conducted the prosecution. The
prisoner was defended by Mr. Ribton.
The prisoner was clerk in the establishment of the pro-
secutors in a oonfidential capacity, and in November last a
cheque for :AC was given to him to be sent to a customer
in the country. The cheque did not come into the posses-
sion of the person for whom it was intended, and evidence
was given that the Bank notes for which the cheque was
exchanged at the banker's came into the possession of the
prisoner.
The Recorder ruled upon an objection taken by Mr.
Kiloton that under the circumstances a charge of larceny
could not be sustained, and the prisontr was consequently
Arnsitte.f. . . . . . . .

lie was then tried upon another indictment, which
alleged that the prisoner 128,1 unlawfully altered a certain
valnahle security's for the purpose of fraud.
In this case it appeared that the cheque which was the
subject of the charge had been crossed, but when it was
presented at the banker's it bad upon it thewords, "Please
pay smith," which enabled the party who presented it to
obtain the amount over the counter. It appeared that
the words referred to were in the handwriting of the
prisoner, but in the 'course of the ease it transpired that
another clerk holding a higher position than the prisoner
in the prosecutor's establishment had been guilty of de-
falcations. and it was urged on behalf of the prisoner that
he had acted in the matter under the authority of this
clerk. It also appeared that the prisoner had been twenty
years in the service of the prosecutors, and bore a high
character down to the period of this transaction.
The jury again returned a verdict of Not Guilty.
Edirard Martindale, 29, cabinet-maker, was charged
with the offence of bigamy.
Mr. Oppenheim prosecuted. . . .

The pkeioner, it 'appeared. we, married at Hull to a
young woman, named .Jane Bagley, on the 14th August,
1859, and be deserted her, leaving her with one child, a
year or two afterwards. lie then came to London, where
he became acquainted with a respectable young woman
who was in domestic service, named Maria Monett, and
they were married at St. Martin's-in-the-Fields on the 9th
of March, 1867.
The second wife was called as a witness to prove the
ceremony that took place between her and the prisoner,
and in answer to questions put by the Recorder, she stated
that the present prosecution was instituted against her
consent by her family, and that she had no wish to
punish the prisoner. She said that since the marriage they
had lived very happily together.
The prisoner said that be told the witness before they
were married that he had been married to another
woman. _ _ _

_ .
The second wife admitted that this was so, but she said
that the prisoner at the same time told her that he did
not believe the marriage was a legal one, as the woman
to whom he was married did not go by ber right name.
The prisoner, when called upon for his defence, made
a long statement of the grievances be had suffered from his
first wife, some portions of which created a good deal of
laughter. He said that his wife had two lovers at
the time he was courting her, and that 'she told him
at last that if he did not marry her on a particular
day she would not have him at all, and being
inexperienced. and only twentyone years old at the
time, he was induced to contract the ceremony without
proper consideration. He said that after the ceremony his
wife took possession of all his money, and although he
wanted her to keep a " dairy" (diary), and account for
what she received, she positively refused to do so, and he
was regularly henpecked. (Laughter.) At last he was
obliged to leave her, but he believed at the time he married
his second wife that the first marriage was not a legal one,
as his wife was not married in her right name.
The jury found the prisoner Guilty, and the Recorder,
after observing that he could not see anything in the case
that would operate as an excuse for his conduct, sentenced
him to 12 months' hard labour.

Ebenezer Junes, 35, builder, was charged with obtaining
different sums of monet by false pretences.

Mr. Sleigh conducaafthe prosseution.
The frauds imputed to the prisoner were of • very
ingenious character. He had by some means become
acquainted with • labouring man named Joseph Per-
cival, who was possessed of • small piece of ganlen
ground at Burnham, in Essex, and be induced this person
to execute a deed of conveyance of thin land, but he did not
seem to hive given him any other consideration, for it
except a few shillings. The prisoner then deposited this
deed as security fora loan of IV. which he obtained from
Mr. Low, an auctioneer, in Sonihamptonetreet, Strand.
and it appeared that he subsequently induced Percivell
to execute another deed, under the pretence that be bad
lost the first deed, and he succeeded in obtaining another
loan of 401. upon the security of this wooed instrument.
The prisoner interposed as the mse was proceeding and
said that be would plead guilty to the charge.
Mr. Sleigh then stated that the prisoner appeared to have
been carrying en a most extensive system of swindling by
means of fraudulent deeds, and several other charges of
theism° description might hevebeen preferred against him.
Agar, one of thewardere of the City Prison, Holloway, in-
formed the court that the prisoner had already been con-
victod of fraudulently concealing goods under his built-
ruptcy, and he was sentenced to eighteen months' hard
labour.

Iheiteoorcler sentenced the prisoner to five yews' penal
servitude.
Kr. Commbsioner Kerr s►t in the New Court end dis-
posed ote number of oases of uttering counterfeit coin.
They were all of the usual description.

FATAL BOAT ACCIDENT.-0/1 Saturday evening
two lads, named John Nicholas and Charles Ede, went
out for a sail from Penzance harbour in the direction of
St. Michael's Mount, in • punt belonging to Captain
Welsh's yacht, the Bluebell. They took the mizen belong-
ing to the Bluebell and put it up in the punt. They had
got out more than half • mile from the pier when, finding
the sea was too rough, and that they had head wind from
S.R., Nicholas wrapped the sail round the mast, and gave
it to Ede to hold while he went to the tiller to put the
boat round. &le unfolded the sail again and braced it
up tight, when a puff of wind took the boat, and she cap-
sized. Both lads got hold of her, but could not retain
their hold from the roughness of the sea. Ede swam a
few strokes, and then called out, " I'm going, Jack," and
sank. Nicholas took the direction of Penzance lighthouse,
but having on a heavy coat and thick boots, and all bin
other clothes, he had to struggle bard, but succeeded in
landing at the steps of the extension pier much exhausted.
As quickly as possible he gave the alarm. Every exertion
was immediately put forth to rescue or recover the body
of the unfortunate lad Ede, but up to Sunday afternoon
it had not been found. Ede was between 14 and 15 years
old. The boat bad a killick or large stone fastened to it
by a rope, and when she turned over the killick sank and
kept the boat from drifting.
FATAL FALL FROM A FLAOSTATL—The coroner's
jury have inquired into the death of the young man Avery,
who was killed by a fall from the Royal Western Yacht
Club flagstaff at Plymouth. The evidence showed that
the mast was " stepped" only five and • half inches. The
jury immediately returned a verdict of accidental death,
adding that they considered that a flagstaff of this height
ought to be stepped six feet in depth, and not five inches.
as in the present case. A member of the R.W.Y.C. who
was present expressed the great regret of the club at the
accident having occurred ; as they had believed that the
flagstaff was quite deep enough for the purpose of hoisting
flags and bearing any one who might ascend it. The mem-
bers of the club felt so strongly on the point that they were
most liberally contributing to • fund which was intended
Ito assist the parents of the deceased. The tradesman
who fixed the mast expressed the deep sorrow he felt
at the occurrence, and offered a sovereign for a similar
purpose.

- -
KEEPING HOLIDAY. —The Kerry Post says there
were more drunken men in the streets of Train on Thurs-
day evening last than on any day for years past. So
numerous wens the arrests for drunkenness and rioting
that the bridewell was filled, and nine prisoners, for
whom there was no room. had to be aiht to the gaol.
A bad spirit of rioting exhibited itself in the evening in
a violent attack upon the police.
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Arts,w of these noble remedlus, which can be rightly applied by
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the mar of business amtined to his countingdmoss and hammed
b., engagements these Pills are invaluable for the Loon Of plea-
addicted to free living they are peerless.

THE EXPAESS, TUESDAY EVENING, AUGUST 20, 1867.

*porting intriltgenct.

TATTERSALL'S. —MoN DAY.
There was but • thin muster of members to-day in the
first instance, and as there were many who left early to
witness the boat•race, the business of the afternoon was
limited in extent and brief in duration. For the Great
Ebor Handicap Eradamante and Beeswing shared the first
favouritism between them, but Mr. Payne mare had the
call towards the finish, 4 to 1 being the outside offer, while
ii to 2 would have been freely accepted. Meantime, Go-
mm bad • number of steady supporters, and 7to 1 nut
being obtainable, 1500 to 75 was booked in one bet, and 100
to 15 taken in several quarters. Fortunio was unmis-
takably in great request, and in the course of the after-
noon 9to 1 accepted many times. Nor was Treasure
Trove wanting supporters, who took 10 to 1 kindly. Good-
wood was totally friendless, offers of 10 to 1 failing to •
bring • single reply, while the name of Challenge appeared
to be as clean forgotten as though the horse was not in the
race. Of the outside division, Seville and Fair-.
wind were the only pair fancied, but the investments
in each case were extremely limited. For the St.
Leger no horse could be firmer than Hermit ; 7 to 4 was
accepted readily, and there were offers to lay 7 to 4 on
his getting • place. Vauban, although not much sought
after, had by no means an unhealthy appearance, for in
response to the offers of 3 to 1 there were propositions to
accept 100 to 30; an offer was also made to lay 500 to 300
on the two favourites coupled. There could be no denying
that Marksman was in very bad odour ; he travelled ,from
bad to worse, until as much as 20 to 1 was laid, and one-
speculator offered to lay an even 100/. that he was not one
of the first six. Julius would have found a backer at
25 to 1, and at these odds a commission was executed in
favour of Taraban, the same party booking 5 to 1 for •
place. The Derby proved a dead letter, and did not afford
an opportunity of recording aaingle quotation in connection
with U. Closing prices as undermentioned ;
GREAT ELOR HANDICAP.
4 to 1 apt Mr. Paynt's bradamante, 0 yrs, rst ISM (off,
t to 2)
9to 2 Mr. Ileathooto's Beaming, 4 yrs, Bat it and off)
100 to 15 Duke of Ifesulort's Gemara, t yrs, Yst 31b A)
9 to Captain Gray's Furtado, S yrs, 554 1111 b (t and
off)
10 to Mr. 1: Kirby's Tremors Trove, 4 yrs Tst Sib A)
10 to Mr. Proctor'sGoodwood, 3 yrs, flat 121 k ;off
100 to Duke of maidens novills, S yrs, GM 3 and off',
100 to Major Stapylton's Voir Wind, 3 yrs, Oat Sib
ST, LZ0121..
7to opt Mr. Chaplln's Hermit )t)
Sto Duke of 'Beaufort's Vauban off, 1 100 to 30)
20 to Mr. Merry's Marksman llt and of
29 to Duke of Newcastle's Julia., ,off, t3sto 1)
LS to Mr. Bowes's Teraina 3,`
211 to —31 r. A. De Montgomery's Pomona.* off)
5 to 1 agst Taraban 1,2, 3 t)

in frost of Geniivre, Sandford, and Triumpher to the turn,
where the last-mentioned took up the running, and won
easily by two lengths ; The Clyde passing the post second,
and Robin Adnir thinl. The Clyde not havieg gone the
right course was subsequently disqualified and Robin
Adair placed second, and Fair Rosamond third. Lydia
and Helios were disqualified also, and the remainder
finished in straggling order.
TILE MII/DLEEEZ. STAKES did not fill.