The Northern Daily Times.
Liverpool, Merseyside, England, 1856-04-04 00:00:00

ELECTION OF SELECT VESTRY-MEN

Yesterday, a mettitig of the ratepayers of Liverpool was
convened (according to Act of Parliament) at St. Nicholas
church, for the purpose of electing the members of the Select
Vestry, in the place of those whose term of office expired, or
in the place of those who had been chosen as ovetseers, which
latter appointment disqualified them from serving at the board.
The Rev_ Rector Campbell presided.

. -
The Vestry Clerk having read the notice convening the
meeting,

Mr. Churchwarden Woodruff moved the adjournment of the
meeting to the Sessions House.
This motion having been seconded, and unanimously
adopted, the ratepayers proceeded to the Sessions House,
when

The Rev. Rector Campbell-, on taking the chair, announced
to the meeting (which was Very thinly attended) what had
taken place at the church, and called upon the ratepayers to
proceed with the election of vestrymen.
The following gentlemen were proposed and seconded by the
two churchwardens, and in most cases unanimously elected :

Mr. J. Hastings, in the place of Mr. Bairstow; Mr. Edm.
Jardine, in the place of Mr. Bradley, whose term of office had
expired, and who had not been again nominated ; Mr. 11. J.
Cook ; Mr. Jones; Mr. S. B. Jackson, in the place of
Mr. Nixon; Mr. W. Critchley, Landon-road, in the place of
Mr. Wensley ; Mr. J. Whitty ; Mr. T. Cronin, in the place
of Mr. Satchell ; Mr. W, Taylor; Mr. C. Wyse, in the place
of Mr. Owen,

Mr. Churchwarden Woodruff then proposed that Mr. F. P.
Flannigan should be elected in the room of Mr. Fairhurst,
who had retired. He said he hoped on that question it
would not be necessary to drive the parish to the
expense and trouble of having a poll. For some
time past it had been the custom to have at
the board two members of the Roman Catholic persuasion,
and considering the mixed population of Liverpool, he thought
it was only right. If they considered the number of the
Roman Catholic population, and the amount of relief adminis-
tered to them, it would be found that such an arrangement
was proper, and he thought that Mr. Flannigan was a very
suitable person to fill the place of Mr. Fairhurst.

Mr. Holme said he would propose that Mr. If J. Svred
he elected in the place of Mr. Fairhurst, and not Mr.
Flannigan.

The-Churchwarden hoped that there would be no poll
demanded on the question. Besides he had another reason
for objecting to Mr. Syred, he was a pawnbroker, and there
were already two on the board, himself and Mr. Critchley, who
had just been elected, and he did not wish to see any particular
trade unduly represented. He requested Mr. Helme to
withdraw his motion.

Mr. Holme said he should press his motion, because he
did not approve of the churchwardens going to the meeting
with a " cut and dried list."

Mr. Sidney objected to religious creeds being mentioned at
such a meeting, and also to the mode of electing the vestry-
men, but chile it was the law they must obey it. He con-
ceived it to be very objectionable that only one rate should
be levied in the year, and should call upon the ratepayers to
memorialise the Poor Law Board on the subject.
The Churchwarden thought it would be far more inconve-
nient and expensive to have more than one rate levied in the
year.

The Chairman then put the motion and the amendment, and
declared the choice to be decidedly in favour of Mr.
Flannigan.

Mr. Holme said, such being the case, he would demand a
poll for Mr. Syred.

A Ratepayer : What expense will that poll incur to the
parish ?
The Vestry Clerk : That can't be told. But it will incur
much inconvenience in having all the clerks brought from
the offices, and neglecting their duty there.
Mr. Denton said he had had an interview with Mr. Syred,
who had informed him that he would not serve if a poll was
demanded.

Mr, Satchell believed that he would serve if elected. That
was his private opinion.

The Chairman : That is only a private opinion against Mr.
Denton's positive assertion. He would leave it for Mr.
Holme, after what he had heard, to decide. If a poll were
demanded, he could not object to it ; but it would be attended
with much inconvenience and expense.
The Churchwarden again requested Mr. Holm() to with-
draw his opposition, at the same time observing that he had
no doubt but that Mr. Syred would be elected a member of
the vestry in a few months.
Mr. Holme refused to comply with the request, and persisted
upon going to a poll on the question.
Mr. Sidney begged of Mr. Holme to withdraw his motion.
Several Ratepayers expressed their opinion, that Mr. Syred
would not serve, if elected under such circumstances.

Mr: Holme still insisted upon demanding a poll.
The meeting was accordingly adjourned until Saturday next,
when the poll will be taken.

POLICE COURT.-YESTERDAY

(RF,FORR MR,. MANSFIELD.)

CHEAP SUPPER.--A young man named Morton Church-
hill, was charged by Mr. John Mullen, who keeps an
eating house in Great Crosshall-street, under the follow-
ing circumstances. The complainant said the prisoner,
with four other persons, entered his house the previous
night, and called for supper. They were supplied, and
when witness asked for payment, the prisoner said he
would pay when the supper was over. The witness
waited until the party had finished their repast, and
again asked for payment, when the prisoner, having
sent out his comrades, made his escape into the street.
The witness followed him, and on taking hold of him,
the prisoner turned on and attacked him with the
knife which he had used at his supper. The prisoner
did not make any defence, and his worship sent him to
gaol for one month with hard labour.

BRUTAL CONDUCT .—A young Welchman, named
Hugh Jones, was charged by an unfortunate girl named
Amelia Jones, with the following gross outrage. She
stated that on Wednesday night she met the prisoner in
Copperas Hill. They had some sapper and drank
together, and after that the prisoner wished her to
accompany him to a place she did not like. On her
refusing to go, the prisoner turned on her and struck
her a violent blow in the mouth, which knocked out one
of her teeth, and loosened several others, and injured her
very much. He kicked her when down, in a very brutal
manner, in the arm and side. In reply to the bench,
the prisoner said the complainant made an attempt to
rob him. Mr. Mansfield : I fine you £2O, or in
default of payment, six months' imprisonment with hard
labour.

GRANO!. versus GREEN.—A good looking young woman,
named Catherine Carr, who held a fine child in her
arms, was charged by Catherine Graynor alias Derby-
shire, with having broken fourteen squares of glass in a
house in Frederick-street. The complainant said that
on St. Patrick's day the prisoner, with some boys who
carried green flags, came to her house shouting, and
wishing her (the complainant) and all other orangemen
and women at a certain distance. This roused her (com-
plainant's) blood a bit, but she curbed herself, and shut
the door. The prisoner then went away, but returned
with a dead cat, with which she belaboured her (the
complainant) about the head ; she concluded the outrage
by breaking fourteen squares of glass in the windows.
The prisoner said the charges was all spite, and that the
affair happened in this way. There was a man who
lived with the complainant, and he with a woman,
robbed a sailor one night of a considerable sum of
money, and then the fellow left her. She (the prisoner)
gave information to the police, and the parties were
arrested, and sent to gaol for three months. She was
passing by the complainant's house on St. Patrick's day,
and having a bit of a green ribbon in her cap, the com-
plainant exhibited an orange handkerchief, and fell on
her like a female tiger, and in the " scrimmage " the
windows were broken, The police corroborated the
prisoner's statement about the robbery, &c., and she
was discharged, as it appeared the windows broken did
not belong to the complainant.
THE SMOKE NUlSANCE.—lnspector McDonnell, of the
smoke nuisance committee, summoned the authorities
of the London and North Western Railway Company
for allowing smoke from their chimney at the Edge Hill
station on Easter Monday. The defence was that the
engine was engaged all day in drawing special trains,
and there was so much business that day that the smoke
could not be attended to. A fine of £5 was imposed.
(BEFORE MR. AIKEN.)
A " DARK DEED BROUGHT TO LIGHT."—John Wil-
liams, a very black man, the cook of the ship Sea, was
brought up by a policeman who arrested him at one of
the dock gates, and on searching him, he found six lb of
wax candles on him, which he had taken from the ship.
There was no inclination on the part of the captain to
prosecute the prisoner, as he intended to take him back
to his own country. He was discharged.
(BEFORE MESSRS. lIENN AND J. AIKEN.)
CAUTION TO ILLICIT WHISKEY SELLERS.—Nicholas
Coyle, a resident of Banistre-street, who had been
several times charged for similar offences, was charged
for selling two two-pennyworths of whiskey, not being
duly licensed. Mr. Brook was for the prosecution, and
produced Inspector Skermer, and officers Bolton and
Shuttleworth, who s wore they saw the defendant sell
the whiskey on Sunday morning, 7th February, to two
men ; it was taken out of a bottle, and the policemen
tasted it afterwards. The defendant, who had been
before convicted, was fined £5O.
(BEFORE MESSRS MANSFIELD AND HOLT.)
CAUTION.—A man named M'Donnel, was fined .Z 1 for
attempting to defraud the East Lancashire Railway
Company, by getting a ticket from Ormskirk to Bootle,
but going to Liverpool on it.
BEGGING 1 MPOSTOII.—A well-dressed youthful-looking
person, named John Williams alias John Bennet, was
brought up as a begging impostor. He was given into
custody by Mr. Kirkus of Prescot-street, to whom he
presented a begging memorial. There was a second
document and 10s 10d found on him. He was sent to
hard labour
theaburtifmoreao month,
hoinsthin,
etahrecemraotnio.
money to go for his support
during

SOUTH LANCASHIRE ASSIZES,

CROWN COURT-YESTERDAY

.His Lordship, Mr. Baron Martin, entered court at nine
o'clock yesterday.
SENTENCE.—Peter Connally, a seaman, convicted of man-
slaughter, was sentenced to one months' imprisonment.
CIVIL CAstS.—His lordship then resumed the hearing of
common jury cases.
THE MILFORD GUNPOWDER COMPANY a. ALEXANDER
REln.—This was an action brought by the plaintiff 3, who
are a company engaged in the manufacture of gunpowder,
and the defendant is a gentleman residing in Wales. The
action was brought to recover £7O 133. 6t1., for three lots
of unpowder; alleged to have been delivered on defendant's
order at a certain slate works, near Llangollen, in Wales,
belongifng to a company called the Llandysillis Slate
Works Company, of which defendant was a member. Of
the amount claimed .647 odd *as paid into court for two of
the lots, and the question involved only referred to the
third lot, the amount of which was £27 lie. Mr, James
conducted the plaintiff's case, and Mr. Brett the defence.
The defence was a denial of the defendant's personal
responsibility. There was nothing in the case of any public
interest. The juty found a verdict for £27 I Is.

TONGE V. GREEN AND ANOTIIELL—TIIIB Wag an action
brought to recover damages for furniture claimed as the
property of the plaintiff seized by the defendants. Mr.
Atherton appeared for the plaintiff, and Mr. Wilde for the
defendants. The plaintiff was a widow, residing at a place
called Piper's Alley, Ilindley, and the principal defendant,
Mr, John Green, is a magistrate and income tax commis-
sioner. The plaintiff had been liting with her daughter
and son-in-law, the latter being a person named Thomas
Walkden, who was a collector of income and property tax.
On the 20th of February, 1855, this person died, and it
was then found that his accounts were in arrears, and that
he was indebted to the income tax commissioner for a sum
of £179 7s .sd. Mr. Green, one of the commissioners,
and Mr. T. D. Milne, issued a warrrant for that amlunt.
A sheriff's officer named Frande, who was the seoond
defendant in the case, proceeded to the house where Walkden
had lived, and under this warrant seized the furniture and
some cows. This property was sold in execution sale, and
upwards of £BO realised. Tinder these facts the plaintiff
brought the action, claiming the property as heri, and
alleging that it had been brought by her to Walliden's
house at the time of her daughter's marriage with him, and
that she never parted with the ownership of it. Evidence
was produced to establish these allegations. The defence
was, that the property had been made over to Walkden pre-
vious to his death. The jury found for the plaintiff, with
£75 damages.

HANLov. Jormsorr.—Mr. Tindal Atkinson opened the
pleadings, and Mr. Sergeant Wilkins stated the case. The
plaintiff was an old woman, who kept a fruit stall in front
of the Royal Insurance buildings, Dale-street. In conse-
quence of her good conduct she had been allowed by the
directors of these buildings to keep her standing there for
some years, in order to dispose of fruit to get her living.
The defendant was a merchant in Water-street. On the sth
of December last, the poor woman was placing her table
against the buildings, having her back to the street. A car-
man of the defendant's was endeavouring to drive a lorry
round the corner of Prince's-street, a very narrow street, out
of Dale-street, and while doing so, the end of the lorry
struck her and threw her down. She received such injuries
that she became insensible, and was carried to the hospital,
where she had to remain for three weeks. Among the other
injuries which she had received, her sightwas severely affected.
The effect of the injuries upon her was such that she
would not be able to carry on the business by which she
lived, any longer without assistance. The defenee set up
was, that the accident had occurred chiefly through the
plaintiff's carelessness. The jury, after some consideration,
found a verdict for the plaintiff, with £lO damages.
DROGHEDA STEAM PACKET COMPANY v. WHITE.—This
was an action for a breach of contract made with the de-
fendant, to pay £2O a year for the manure of the cattle
transported in the Drogheda steam packet company's boats.
On the part of the plaintiff, it was stated that the defendant
had taken the manure for four years, but did not fulfil his
portion of the contract by paying for it. He paid £7 out
of the amount. Mr. Aspinall appeared the plaintiffs,
and Mr. Brett for the defence, The jury found for the
plaintiffs, with £72 lOs damages.

NISI PRIUS COURT —YESTERDAY.
(BEFORE MR. JUSTICE MLLES.)
TIIE BRAZEN DOORS OF ST. GEORGE'S HALL
POTTER V. THE CORPORATION OF LIVERPOOL.--This was
an action brought by the plaintiff to recover the value of
the brazen doors of St. George's Hall. The defendants
paid into court £1,650, and the damages were laid at
£3,800. The question in dispute being simply one of
account, it was agreed, after the case was called on, to
take a verdict for the plaintiff for the amount claimed,
with costs, subject to a reference.
TAYLOR V. WAKEFIELD AND ANOTHER.—The plaintiff,
Mr. William Grant Taylor, of Kendal, is a gentleman
advanced in years, and he brought the present action to
recover damages for an unprovoked assault committed
on him by the defendants, and for the wrongful conver-
sion of certain machinery to their use. The defendants
paid £lO into court. In the year 1848, the plaintiff dis•
covered an invention for the manufacture of lint. and
the patent proved very valuable, particularly during the
late war. On patenting the invention, he entered into
an arrangement with a person of the name of Waithman,
who carried on the business of a flax-srinner
and bleacher, at Holme Mills, between Burton
an-1 Kendal, at a place called Gatebeck, and
also at a place called Bentham, by which it was agreed
that Waithman was to have the exclusive use of the
patent for seven years, the linting machinery at the
expiration of that time, to be taken equally by him and the
plaintiff. After some time disputes arose between them ;
they were referred to arbitration, and the award was that
Waithman should pay the plaintiff £1,500, and that the
plaintiff should also have the option of purchasing all
the machinery belonging to the concern. Immediately
after that arrangement, which was in 1854, Waithman
became a bankrupt, and one of the defendants, William
Wakefield, a member of the firm of Wakefield, Critson,
and Co. bankers, of Kendal, was appointed assignee.
Wakefield and Co. alleged that they had a mortgage for
£BO,OOO on the Holme Mill and Gatebeck property, and
after some negotiation, the machinery was valued and
allowed to continue working the mill, on a payment of
£6 a week. Shortly afterwards the plaintiff received
notice to quit. He hired mills at Tamworth
and sent £272 lOs to the defendants, being the value of
the linting machinery which it was necessary be should
take with him. They refused to accept the money, and
violently prevented him from removing the machinery,
which they detained. Out of these circumstances the
present action arose. Mr. Watson, Q.O .' and Mr.
Hill, Q.C., appeared for the plaintiffs ; and Mr. Sergeant
Wilkins, with Mr. Manesty, for the defendants. The
jury returned a verdict for the plaintiff for £5O, with
costs, over and above the sum paid into court.
HILL O MERRET.—This was an action brought by
the plaintiff to recover the sum of £3,857 14s ld. Both
plaintiff and defendant are contractors, the one residing
in Cheshire, and the other at Sydenham in Kent. The
defendant had a variety of contracts on the Norfolk lines
of railway, the Crewe and Sandbach branch of the North
Staffordshire, &c., and the plaintiff acted as his manager
and also took sub-contracts under him. While so employed
the above amount accrued, and the defendant not being
able to pay it was made a bankrupt on the petition of
the plaintiff. The defendant denied when before the
court the greater portion of the debt, and under
those circumstances the present action was brought
by order of the commissioner. The questions
between the parties being chiefly one of account,
a verdict was taken by consent for the plaintiff
for £5,000, all the questions in dispute to be settled by
arbitration. Mr. Hill, Q.C. with Mr. Millward, ap-
peared for the plaintiff ; and Mr. Manesty for the
defendant.

THE NORTHERN TIMES,—LIVIRPOOTJ, FRIDAY, APRIL 4, Me

CHESTER ASSIZES.-YESTERDAY

CROWN COURT

(tEPORE MR, JUSTICE WILLIAMS.)

THE ALLEGED CRIMINAL ASSAULT ON A SERVANT GIRL

AT LISCARD.
James Dalziel, committed at Liscard by Daniel Nielson, Esq., in
August last, for assaulting Jane Jones at Liscard, with intent to
ravish her, surrendered in discharge of his hail, and was arraiened
ofi the charge. Our readers will remember that the case (when
before the magistratds at LisearS) excited unusual interest. in con-
sequence of the peculiar circumstances by which it was surrounded.
Originally the capital charge was preferred againet the prisoner,
but this was not substantiated, and ultimately he was commit ed for
the assault.
Sir. Brandt conducted the prosecution, and the prisoner was
defended by Mr. Macintyre.
theMprr. oßs
er actin
tdito,
na.t considerable
dl e nhgitsh
girl of the name of Jane Jones, wit intent to comunt a rape upon
,resnntaate,kdsthbye csatsaetionng behalf
the
prisoner was charged on the first count, with having assaulted a
her. On the second count, he was siniply charged with an indecent
assault. However much the jury might regret to see a person
like
the prisoner, who had hitherto moved in a respectable Sphere of life,
placed in his present position, it Would be their duty to find a verdict
against him, if the evidence he was about to lay before them, War-
ranted them in so doing. The case would require their very serious
consideration, for iit was somewhat complicated, and there: w re
sortie rather curious facts, in connection" with it. The learned
counsel after stating that the prosecutrix, at, the time of the alleged
offence, was a servant at the Trafalgar Hotel, at Egremont, kept by
the prisoner's brother, narrated the circumstances of the case, and
then called
Jane Jones, the prosecutrix, who said—On the 23rd day of Aug :st
I went to live at the Trafalgar Hotel, Egremont, kept by the pri-
soner's brother. 1 remained there to the Monday folio, ing. The
prisoner was at the house then. On that morning, when 1 awoke,
I found him kneeling at the foot of my bed. That was about six
o'clock. He went out when I got up. I saw him again in the kit-
chen about eleven, and asked him what he was doiog in my bed-
room? He said he did not know I s'ept there. The next mornisg
he took liberties with me in the kitchen. On the following morning
(Wednesday) about six o'clock, I was carrying some giassts out of the
bar into the parlour. The prisoner was sat on a chair in the bar at
the time, with his head laid on the table: He followed me into the
parlour, and threw me down on the sofa [ The witness here de-
scribed the manner in which the prisoner attempted. to have impro-
per intercourse with her.] I screamed as loud as I ,uld, and then
the prisoner left the room; but before doing so, he told me to say
nothing about it. I then went up stairs and to'd a fellow-servant
named , Ann about it, also that I had a toothache. Ann
brou ht me some rum, which 1 drank. In the forenoon, about
eleven o'clock, I went to my slate 'a, who lives at Egremont, and
told her what had happened. She came with me to the Trafalgar,
and we saw the prisoner. My sister, and also the prisoner, said they
would bave me examined. Two doctors came, and 1 was examined.
I afterwards put my mark to a paper.
[The following document, signed by the prosecutes, was here put
in, and read—" I acknowledge that the charge I made t ass Morning
against Mr. James Dalziel, of having carnally abused me, is false and
unfounded. JANE + JoNEs."]
Examination continued—The paper was read over to me before I
made my mark, but I did not know the understanding of it. The
two doctors, and my sister, were present when I signed the paper.
I am not quite sure whether Mr. Dalziel's sister was also present or
not. The rum that Ann gave rise in the morning made me ill, and
I was all of a confusion will' it when the doctors were there. It was
about half a gill cup full.
The Judge—What time was it when you signed the paper?
Witness—l don't know. Somewhere about noon.
The Jtidge—Ahd you must have had the spirits much earlier. It
must have been about seven o'clock. That was a long time before
ydu signed the paper.
By Mr. Braadt—lt would be about seven o'clock when I had the
rum, and at the time I signed the paper the illness caused by the
rum had not gone off.
Cross-examined by Mr. Macintyre—When I went to the Trafalgar
Inn I was to sleep with Ann. I did not sleep with her, but in a
room by myself I still slept in the same room by myself after the
morning when the prisoner came into my bed room. I did not
sleep with Ann, because it was hot weather, and the bed in which
she slept was a sma'l one. I did not open a bottle of soda water
for the prisoner on the morning of Wednesday when he threw me
down on the sofa. Atter the doctors had examined me I said I
had made a mistake, but when I did so I did not know what I was
doing. When I went down stairs the servants told me that Mr.
James Dalziel h d it in his power to do what he pleased with me.
That was after I had signed the paper. No threat at all was Used
to me before I signed the paper. My sister was present and heard
the pap -r read over before 1 signed it. I suppose she understood it.
They read the paper over so quickly that I did not know what it
meant. Mr. Thompson read it over, and then told me to sign it.
Dr. Nisbett did net ask me before I signed the paper if I understood
what it meant. He did not at any time ask me that I remember.
In further cross-examination the witness persisted in saying that
she did not understand the paper when it was read over to her,
before she signed .t.
Re-examined by Mr. Brandt—Before I said that I had made a
mistake, the doctors told me that n othing was to do with me, and
that I was a naughty girl for having made such a charge against Mr.
Dalziel. After 1 had signed it, the pri .oner, Mr. James Dalziel, met
me, and said "get out of my sight." We afterwards gave information
to the police. I never told Mr. scrambler, the head of the po ice at
Liscard, that I was mistaken, and did not intend to proceed further
about it.
Mrs. Sarah Lightfoot, sister to the prosecutrix, was next examined.
She in the main depos d to the same facts that had been spoken to
by her sister, and added that when in company with the prisoner,
along with her sister, the prisoner said " What have I done to you,"
when her sister replied You know what you have done. You
threw me on the sofa and have ruined me." Witness then asked to
go into the room to look at the sofa, when the prisoner said " I own
to throwing her on the sofa, but I did not do anything more."
In cross-examination the witness admitted that the paper was
read over in her hearing before her sister signed it, but it was read in
such a low tone, and so rapidly, that they could not hear its contents
distinctly,
Mr. Charles Oliver Baylis, physician and surgeon, at nirkenhrad,
was next examined, and stated that on the 20th of August, he made
an examination of the prosecutrix, and found nothing to indicate
that a rape had been effected.
Mr. Brandt here intimated that that was the case for the prose-
cution.
Mr. Macintyre observed, that he did not know whether the pro-
secution ought to be called upon to examine Mr. Nisbett and Mr.
Hodson, the surgeon. Perhaps His Lordship would think they
I ought.
The Judge—l cannot compel the prosecution to call them.
Mr. Brandt—They are not on the back of the indictment, and we
do not intend to call them.
The Judge—lf they were on the indictment, I could not compel
you to call them.
Mr: 111acintyre then addressed the fury on behalf of the prisoner.
He commented severely on the manner in which the prosecution
had been conducted, remarking that the wholesale imputations
made by counsel against the prisoner, had in not one instance
been supported by the evidence. Amongst other things, his
learned friend had stated, that the prosecute' had been drugged,
that she had been induced to sign the paper, which had been
put in, by a threat, and he had insinuated that two surgeons of
highly respectable characters, had entered into a conspiracy with Mr.
Dalziel to do a gr;evous wrong. Now, not one of these statements
had been attempted to be substantiated by the evidence adduced,
and he s id that his learned friend ought not to have opened his
case in such a way if he was not prepare.' with evidence in support
of it. Instead of the prosecutrix having been drugged it was most
distinctly proved by her own evidence, that the rum with which she
was supplied by her fellow-servant was given to her at her own
request, she having asked what would cure the tooth-ache, whilst,
as regarded the alleges ion that s ,e signed the paper under a threat,
the prosecutrix had now distinctly sworn OA no threat whatever
was used to her. After reviewing the whole case on the nart of the
prosecution, and making a powerful appeal to the jury for an
acquittal. he proceeded to call witnesses.
Mr. Henry Briefly Thompson examined, he said—l am a
barrister-at-law, belonging to the Northern Circuit. In August
last. I lodged at the Trafalgar Hotel at Egremont. I slept there
on the night of the 21st of August, and rose at seven on the
following morning. I heard no noise nor alarm of any kind
while in the house. I left the hotel for Liverpool soon after eight
o'c'ock in the morning. About noon I had occasion to return to the
hotel, and as I was going into the house I met the prisoner, who
told me he had been falsely charged with rape. On going up stairs
to my room I found the prosecutrix, her sister, Mr. Nisbett, and
Mr. Hodson, surgeons, and another female. The medical men told
the prosecutrix that she had made a m'stake, when sae replied
that she thought she had, and she was sorry for it. The prisoner
then asked the prosecutrix for an acknowledgment in writing to
that effect, in order to satisfy his friends, and she agreed to give it
him, but she could not read or write. I then wrote a statement and
read it over to her. She said she understood it, and she made her
mark to it witeout any hesitation, in the presence of myself, her
sister, and the other p nrties. A few days afterwards I was served
with a summons to appear before the magistrates at Liscard to
give evidence on behalf of the prosecutrix. I attended the court
two days. The magistrates committed the prisoner for trial after
hearing the evidence of the prosecute', her sister, and Mr. Baylis,
the surgeon. I was not called upon at all. I tendered my evidence,
and told the magistrates I could give important information, but
they refused to hear me.
Mr. Nisbett, surgeon, of Egremont, was the next witness
called. lie deposed to having made an examination of the prose-
cutrix, in company with Mr. Hodson, having been requested to
do so, under the circumstances before detailed, by the sister of
the prosecutrix, as we 1 as the prisoner. After making the exam-
ation, they told the prosecutrix that they did not believe in the
truth of the charge which she had made against the prisoner,
when she said, " well, I thought it was true, but, perhaps,
I might have made a mistake." Mr. Thompson
then prepared the acknowledgment, when it was read
over to her. She said she understood it, and made her mark
sr, it. A few days afterwards witness was summoned to give
evidence on a charge of rape against the prisoner. He attended at
the court at Liscard on the 28th and 29th of August, but was not
called upon. The magistrates positively refused to hear any body
but the prosecutrix. her sister, and Mr. Baylis, the surgeon. He
was perfectly satisfied, from the examination he had made of the
prosecutrix, along with Mr. Hodson, that no attempt at rape had
been made, and was ready to have stated this before the magistrates.
He had had no previous acquaintance with the prisoner, beyond
having once attended his sister during her confinement.
Mr. George Hodson, surgeon, of Egremont, confirmed the evi-
dence of Mr. Nisbett in every particular—both as to the result of
the examination of the prosecutrix, as regarded her acknowledgment
that she had made a mistake in charging the prisoner with the
offence, and as to the paper being distinctly read over to her by Mr.
Thompson before she made her mark to it. Witness added that he
had never before been consulted by the prisoner or any of his
family, who were strangers to him. •
Mr. Alexander Forster, who was staying at the Trafalgar Hotel,
at the time of the alleged offence, said that, although his bedroom
was immediately over the parlour where the assault was said to have
been commi ted, he never heard any screams at all.
Mr. Brandt then addressed the jury in reply, and, with reference
to the remarks he had made in his opening address upon Mr. Nis-
bett and Mr. Hodson, he had now to apologise for having cast any
reflection upon their conduct in the matter. He was satisfied that
their conduct had been straightforward and honourable, and from
the evidence which had now been given, he saw clearly that so far
as they were concerned, his instructions had misled him.
His Lordship in summing up the evidence, remarked upon the
refusal of the committing magistrates to receive the evidence of the
two surgeons (Mr. Nisbett and Mr. Hodson) as being unnecessary.
Any evidence was absolutely necessary in such a preliminary
inquiry which would throw any light upon the charge, and particu-
larly such evidence as it appeared these gentlemen could have given.
His Lordship then drew attention to the evidence as given on both
sides, and in conclusion said the matter resolved ',self into a ques-
tion cf belief, or otherwise, of the prosecutrix on the one hand, or
of the medical gentlemen on the other. If, however, they believed
the prosecutrix, they could not do more ,than find the! prisoner
guilty of an assault, with intent to commit a rape, or the minor
offence of a common assault; If they did not believe the prosecu-
trix, they would acquit the prisoner.
The jury retired, and after an absence of half an hour, they
returned into court shortly before seven o'clock, with a verdict of
a quit tal.
The prisoner was at once discharged by the direction of his
lordship, and left the court with his friends.

SUDDEN AND SERIOUS INDISPOSITION OF MR. WRIGHT
THE COMEDIAN.—The greatest excitement prevailed in
the Strand, on Monday evening, in consequence of the
sudden and unexpected closing of the Adelphi Theatre.
From inquiries made at the theatre by our reporter, it
was learned that Mr. Wright had entered the house but
a few minutes, and while in company with his dresser that
he was suddenly perceived to be attacked by the most
alarming symptoms, which rendered him all but insensi-
ble. Two medical gentlemen were promptly in attend•
ance, who deemed it advisable that he should be at once
taken home. In company with the two medical gentle-
men, he was conveyed to the stage-door, and taken with
all possible speed to his residence at Chelsea. It was
thought by the employes of the theatre, that the illness
was attributable to a violent attack of determination of
blood to the head. The theatre, in consequence, was at
ones closed.

THE LOSS OF THE SCHOMBERG

In our impression of yesterday, we gave some

particulars of the loss of this vessel, and we have
since received th 6 folltrwing letter from Captain
Forbes, addressed to the Melbourne Argus

TO THE EDITOR OF THE

ARGUE.

Sir.—l avail myself of the earliest opportunity afforded
me since the melancholy catastrophe of the lass of the royal
mail ship Schomberg, under my command, to communicate
to the public of the Australian colonies the information re.
garding the voyage and foal loss of that magnificent ship,
which they are justly entitled to demandl and I am equally
anxious to furnish.

The royal mail ship Schomberg sailed from Liverpool on
the 9th October, and in the early part of the voyage met
with light bafging winds, the Equator not being crossed
until the 28th day after sailing, and a detention of ten days
from calms marking the crossing of the tines

From the Equator to the Meridian of Greenwich the ship
met with light, baffling, and contrary winds, which pro-
tracted the voyage to 65 days from our departure from
Liverpool, the distance ordinarily occupying not more than
38 days. From this date until our arrival at 130 deg. east
longitude, we encountered fine steady breezes from S.W. to
N.W., the ship averaging six degrees daily of casting, and
her greatest spee I during the distance being 151 knots per
hour. From this date, December 22nd, met sith adverse
winds from east to south-east and east-south—east, blowing
fresh. On Christmas Day first made land at Cape Bridge-
y'rater, about one o'clock p.m., wind blowing fresh from the
east-south-east, driving ship
.fast to the north. During
that night and the tollowing day the wind continued from
the same point, compelling us td tack frequently. On
Wednesday, at twelve o'clock noon. wind blowing fresh,
tacked ship, being then about four miles off shore stood in
aga'n at six p.m., the wind blowing from the same quarter.
About half-past ten p.m., land was faintly visible, and the
wind fell of to a dead calm. Shortly before eleven o'clock
pan., the order was given to "'bout ship," wind, the ship
partially coming round, and then refusing to answer the
helm, It was then tried to wear ship, but a current run-
ning westward, from three to four knots an hour—of which
we were ignorant, and of which no mention is made in any
existing chart—rendered the attempts unsuccessful, and
carried the ship into a sandpit, about 35 miles west of Cape
Otway, not laid down in any of the charts.
Immediately before the vessel struck, and white wearing,
took a cast of the lead, and found bottom at 17 fathoms,
the vessel striking immediately afterwards in four fathoms.
All sail was kept on the ship, in the hope of carrying her
over the sandpit, but it was found unavailing, and a boat
lowered, to take soundings round the ship, having reported
shallow water on all sides, and a heavy southerly swell and
strong westerly current heaving the ship into shallow water,
dewed up all sail, and let go the starboard anchor. The
boats were then got out, and every possible preparation
made for the preservation of the passengers, which was
eventually accomplished on the following morning, by the
aid of the steamer Queen, Captain Doran, whose kindness
and prompt assistance well entitle him to public gratitude.
I do not complain that interest should be manifestsd by
the people of the Australian colonies in the fate of the
noblest ship that ever floated on the water, ar that they
should be jealous of the causes of her loss; but I do feel
wronged by injurious aspersions and insinuations thrown
out by the local journals, by parties obviously ignorant of
the circumstances and the locality in which the vessel was
lost. A writer in the _Herald, for instance, asks, " Why
was the Schomberg so near the shore ? We do not, of
course, wish to impute blame to Captain Forbes. We are
not, at present, sufficiently well informed to justify us in so
doing, but it is impossible to prevent men asking the above
question. Ask the intercolonial traders—those best ac-
quainted with every bay and headland of this iron-bound
coast, and they will tell you that no more ticklish s-ot i to
be found than that between Moonlight Head and Cape
Otway." The same writer adds that " the Ng hid was blow-
ing from the south-west when the vessel was first observed
drifting in-shore."
Now, I do not object to the asking of the question, nor
have I the slightest unwillingness to answer it. But the
' fact is, that the vessel was not between Moonlight Head and
Cape Otway, but in a far more ticklish spot, several leagues
to the westward of Moonlight Head, which it was necessary
to pass through in coming from Cape Bridgewater to Cape
Otway. I think it also necessary to state that no wind
which could blow from the heavens would have better an-
swered my wishes than the south west wind alleged to have
been blowing, for had such a wind been blowing the School-
berg never would have been in such a position.
I think it necessary to answer only one calumny more. It
is publicly asserted that, when the ship struck, the anchors
were not ready to be let go. It is simply necessary for me
to state that this is untrue. The anchors were ready when
the vessel struck, and the starboard anchor was let go when
ordered, immediately after the vessel struck.
It is my duty to my officers to acknowledge the manly
manner in which they stood by and assisted me when the
catastrophe occurred ; and I have much pleasure in
acknowledging that the greater number of the seamen
showed themselves possessed of the true qualities of British
tars in as trying circumstances as ever sailors were placed.
I am, sir, your obedient servant,
Melbourne, Jan. 3, 1856. JAMES NICOL FORBES.

larrival, find the colony too hot to hold him. Their provisios
were not of the quality, nor in the quantities they were led I
expect, nor had their contracts been fulfilled. They were aware
that by the act of parliament thef were allowed three quarts
fresh water per diem, over and above that required for cooking.
During the first part of the voyage they had never received more
than two quarts, and latterly not more than a quart and a half,
hardly more than enough to wash with. The quality of the water.
which was bad at first, became afterwards better, and soon after..
wards they got some filters. Further on in the passage the
allowanee of sugar was stopped for nearly a week, and
when they remonstrated, instead of sugar, they get molasses,
although not a word about molasses was said in the dietary
scale. They refused the molasses, and were then put on half-
f moist sugar, of a quality that he felt assured no one

On the 3rd January the passengers convened a
public meeting, Mr. G. Hawker in the chair, who
explained that the object of the meeting was to
investigate the cause of the wreck, and to reclaim
the baggage of the passengers.
Mr. Melville proposed the first resolution. He said he was
one of the unfortunate passengers by the Schoenberg. He had
been requested to attend, and he had accordingly done so, and
begged to propose the first resolution, which was as follows t—
" Resolved—That the conduct of the captain, the surgeon,
and officers of the Schomberg was ungentlemanly, discourteous,
and tyrannical, and grossly immoral." He might say, in
reference to the ungentlemanly, discourteous, and tyrannical
conduct of the captain, that there could be no doubt of it ; but
he must add that there were some exceptiors amongst the
offictrs—although he thought it would be better not then to
specify them. He had suffered considerably from the con-
duct of the captain, for when he started he had £2,000 in his
pocket, and he had then only £5OO, and had it not been that
he carried the latter sum about his pJrson, he should, beyond
all doubt, have landed in Melbourne a beggar.
Mr. Norris cordially agreed with the resolution. The con-
duct of all the officers was bad, and he understood that a
proper investigation would at once be instituted. (Hear.).

Mr. Fenn said that after the resolution which bad been
proposed he did expect that some information would be given—
that some specific charge would have been made to substantiate
the sweeping assertions it contained. He must say that it was
un-English and unfair to make such charges without bringing
forward something to support them. As far as they had gone,
not one word of the resolution was proved. He stood there
not as the friend of Captain Forbes, but as a friend of fair
play, and it would, in his opinion, be a disgrace to the meeting
and its chairman to pass this resolution unless better grounds
for it were shown. Mr. Melville should have cited some
instance of the tyranny or immorality of Captain Forbes, to
support a resolution of this nature, and until some such case
were brought forward, he for one should hold up his hand
against the resolution.

Mr. Gotkin would give one instance of the tyranny and
discourteousness of the captain, and that was towards Mr,
Melville. The captain entered Mr. Melville's cabin, and the
latter gentleman complained that he was kept short of provi-
sions—in fact, half starved, and that the provisions were of a
quality not fit for a dog. To this the captain replied that they
were a set of dirty dogs and what they had was good enou4h.
Mr. Greeve, jun., said that the partition separating the first
and second intermediate classes hal been removed in spite of
the petition to the contrary of the second class passengers,
who, in consequence of its removal suffered considerable
annoyance.

rations a

in that room would use. It was apparently the sweepings of
loaf and moist sugar, and was more dirt than anything else.

A number of the passengers Went to the purser and asked him
to change the sugar. He said that he could net do it, that
the sugar had been given out by order of the captain. He
(Mr. Stockdale) said that it was most ungentlemanly to offer
them such sugar as that. The purser said, "Do you call that
bad sugar ?" The answer was " Yes ;" and he replied, "I'll
be —if I change it, for you or any body els," The man-
ner in which their meals were served up to them was more
fitting for a parcel of pigs than for human beings. Their
table requisites were reduced by breakage, until at length they
were compelled to eat soup, pudding, and meat off the same
plate, and to drink tea out of tins and tumblers. They had
been obliged to eat their pudding off their plates tottonr
upwards—(laughter)—and the tables were seldom washed, and
were so dirty that, disgusted with their appearance, he had
frequently set to and washed them himself. (Cheers and

laughtdr.)
Mr. Carpenfer moved, as an amendment to the resolution,
the insertion of the words, "some of the officers."
Mr. Melville seconded the amendment.
Mr. Kelson said that it was a notorious fact that the captain
of the Schomherg kept a woman in the second cabin, and the
same thing with the doctor. It was every day, all day, and all
night. When he went to the doctor for some medicine he saw
this female sitting in his cabin.
A Passenger : I have seen her in the bed. It was
Stephen's Day.
Mr. Kelson : When the steamer came to their rescue
none of the passengers wero allowed to take any luggage
with them. It was with great difficulty that he took
his writing desk. The captain, however, came on board
with one of these women in a small boat, and they had a
lot of boxes, containing nearly all, if not the whole, of her

au St

luggage.
Mr. Charles said that Miss had a similar indulgence
allovred to her. She was the doctor's lady. Her luggage was
taken away with the mail bags.
The question was then put from the chair, and the amend-
ment declared to be carried.
Mr. Gotkin moved the second resolution :—" Resolved,
That it is not only the general impression of the passengers by
the Schoenberg, but to the certain knowledge of many of those
here assembled, that the loss of that fine ship can only be
attributed to the gross negligence of the captain." The vessel
at the commencement of the voyage had borne every rough
weather, and had behaved well. When the intelligence was
brought to the captain that the vessel was nearing the shore,
why did he not come up ? No, he indulged too much in his
own pleasure to care for the safety of the passengers. He did
not want to say much against the captain, however, for they
had been at variance on board the ship, but he felt that the
public at large should be satisfied. When the captain was
made aware of the dangerous position of the ship, he did cer-
tainly come up, and told the crew to put the ship in stays.
His orders were obeyed, and one of the officers told him soon
afterwards of the condition of the vessel, and he replied,
" Let her go to h-1, and tell me when she is on the beach."
If such were the words he used, was it not design rather
than negligence which cast her ashore ? It might be asked
why was ho at variance with the captain? It was because be
(Mr. Gotkin) would not sanction his immoral conduct. He
had, however, done much to screen him. When the cabin
door was locked and the woman came down at half past four
in the morning, he had endeavoured to break the lock of the
door for her, but failed in the attempt. (Great laughter ) He
had been abused by the person who had locked the door, and
he stated to the captain what had happened, and he seemed
satisfied with the way in which he acted. When the captain
was informed by the third officer that the ship was approaching
the shore, land had been seen at least an hour, if not more.
The captain, who was in his cabin, however, told him to• get
out of that, and not he bothering him.
Mr. Stockdale fully coincided with the resolution. He
was of opinion that the conduct of the captain from the outset
had been reckless in the extreme. The first time he bad
cause to find fault with him was when they slighted an
iceberg in the Southern Ocean, when the captain ran the
vessel so close that in his (Mr. Stockdale's) opinion the keel
must have gone over a portion of it. On another occasion,
on meeting with another vessel, he without any specific
purpose, ran so close that he carried away the signal haul-
yards, (" Oh," and "Shame.") He afterwards made a
joke of it. Previous to the vessel stranding he felt greatly
alarmed, for the general impression among the passengers
was that that they were in some danger, and even the doctor
himself admitted that it was land they saw. Attempts were
made to awaken the watch ; and he saw the trees even,
and informed the captain of it, when he came on the fore-
castle with his night glass in his band. It was more than
ten minutes after that that any preparation was made to 'bout
ship," and the vessel, when she did strike, went on the reef
in such a manner that it would be almost impossible to get her

off again.
Mr. Johnson, a mariner, said that if the anchor had been
ready to drop when the vessel missed stays she might have
been saved. The chain cable had been got up four or five
days before they made the land, but it was never bent, nor
was the anchor raised. The ship might easily have been saved
after she missed stays, if the anchor had been let go.
Mr. Williams said that when the vessel struck he was on
the forecastle. He had been there from ten o'clock, and
many of the passengers had seen land ahead. He told a man
named Cavanagh to awaken the watch, who were asleep.
Cavanagh (who was a passenger to Sydney) roared out that
there was land ahead, and the first mate, who heard him, said
it was only a cloud. He called out a second time, and they
then stopped him. He was so convinced that the ship
would strike, that he ran down to some friends of his
in the second cabin, and told them to put on their clothes.
He said that it was not his intention to go to bed,
and be advised them not to do so either. He said
that, in his opinion, the ship would be wilfully run against the
beach. This impression arose from his want of confidence in
the captain, and from his proceedings on the previous evening.
Such was his impression then, and so it remained. The captain
had once threatened to put him in irons because he looked at
him ; he had no other excuse for doing so. He did look at
him, and was not afraid to look at him now, nor was he afraid
to state before him every word he had just uttered. He was
not a nautical man, and knew nothing of navigation, but he
stated his own impressions freely, and was ready at any
time to re-assert them, and prove them, if that was of any use.
The resolution was then put, and carried unanimously.
Mr Carpenter moved the third resolution : " That this
meeting is of opinion that the contracts entered into between
James Baines and Co., of Liverpool, and the passengers by the
Schomberg, have not been fulfilled. " As to the pro•
visions they had received they were not fit for use. The
preserved potatoes were tolerable, but even they were such as
any man on shore would repudiate. As to the pork—
A Voice—They killed the pigs after they died. (Great
laughter.)
Mr. Carpenter—The salt pork was brought to table in such
a state as to be quite disgusting, and even the captain's special
favourites in the second cabin could not touch it.
Mr. Connolly seconded the resolution.
Mr. Charles said that they were led to believe that they
were to have a bath-room, but bow had that promise been
kept ? The bath-room was turned into a dungeon for a mad-
man. (A Voice: What made him mad?) He verily believed
that he was made mad by the cruel conduct of the captain and

his officers.
Mr. Wharton said that he agreed with the resolution, for
they had great cause to complain. Neither the proper
quantity or quality of provisions had been served out to them.
For instance, they had four ducks and four knuckles of ham
to mess a number of the passengers, and frequently the pro-
visions were in such a condition that several passengers left
the saloon and went without dinner, which, however, he could
not afford to do. They often had soup that stank, and meat
that was tainted. After the strong inducements which the
Black Ball Line had held out to them, and the way in which
they had been fulfilled, he felt that nothing too severe could
be said against them. As to the provisions, the water supplied
was scarcely drinkable, the Hock and Moselle ran out
that they captain
wa hs ad a
except
retainedalways
sf
oo
rr
,thw pork,i
twice to
pusoesrnekd;.
a couple of dortewona,stwhsehoichmhadetalitteh,
aa hack.ndtlie sheArrsy
pork." They had, in short, an infamous steward, and a
blackguard cook—two very great evils on board a vessel.
(Hear, and laughter.)
Mr. Belson would add to what Mr. Wharton had said, that
during the latter part of the voyage they had been fed on pork,
although plenty of poultry remained. He would also remark
that the chief steward on board the Scbomberg was a
man who had been disgraced and dismissed from the James
Baines.

Mi. Carpenter said that, as another instance of the tyranny
of the captain, he would state that he had taken two unfortu-
nate Irishmen out of their berths in the night, and confined
them in the wheelhouse until four or five o'clock in the morn-
ing. Ho called them, at the same time, " A - Irish
crew and set of rebels," and said that he " would be down on
them."

Mr. Stark said that another instance of tyranny on the part
of the captain was, when one of the passengers brought forward
some provisions to complain of their being short of weight,
the captain, instead of hearing him, only told him " to go
forward to his cabin." The passenger remonstrated, and the
captain shoved him violently forward, and said, " Go down to
your cabin, or I will kick you down."
Mr. Stockdale said that he, too, could add something to
support the resolution. That the conduct of the captain and
his officers had been immoral no one on board of the ship had
the slightest doubt. There were two " lady,,passengers on
board in the second cabin, one of them belonging to his (Mr,
Stockdale's) mess, No. 8. These females were kept out of
their cabins by the captain and his officers until very unsea-
sonable hours. The first occasion on which any dispute arose
on the matter was when one of these ladies was kept in the
captain's cabin until one o'clock in the morning. The
second lady preferred the daylight, for she came back at
four in the morning, and then only in her night dress. ("Oh !'
and " Shame !") The door of her cabin, however, was shut
against her, and she did riot obtain entrance until a full
exposure of her conduct had been made. If this was the
conduct of those having under their charge the lives of hundreds
of passengers, he would ask any one present if it was decent
or proper, or whether, if they had a female, or even a male
relative, coming out to the colonies, they would allow them
to come on board a ship with which Captain Forbes had
anything to do. (Hear.) The mess to which he belonged,
No. 8, passed a resolution requesting the lady he had referred
to to withdraw, as there were other ladies in it, and the result
was that the next morning the captain came down, in a bully-
ing manner, blackguarding them, and threatening them with
irons; and when they attempted to justify their conduct, he
replied that lie would not believe the word of any man at the
table. (Shame.) Mr. Gotkin spoke to him in very moderate
terms, and was told that if he said another word he should be
put in irons instanter. He was, however, informed, in reply,
that if ho dared to carry out such a threat ho would, on his

The resolution was then put and carried.
Mr. Stockdale moved the fourth resolution—" That a depu-
tation be appointed to wait on his excellency the officer
administering the government, praying that an investigation
he held into the circumstances attending the loss of the
Schomberg, and the property of the passengers."
Mr. Kelson seconded this resolution, which Was carried

unanimously.
Mr. Miller moved—" That a vote of thanks be given to
Captain Doran, of the steam ship the Queen, for his ready
exertions to rescue the passengers ; and also to the passengers
on board for their readiness to submit to inconvenience, to
enable the passengers of the Schomberg to be forwarded to
Melbourne."

This was seconded by Mr. Adam, and carried.
Dr. Milton moved a vote of thanks to the passengers of the
Schoenberg who had taken the necessary eteps to bring this
matter:fully before the public.
Mr. M`Greger seconded this resolution, which was sup.
ported by Mr. Porter, and also carried.
A deputation was then appointed ; and a vote of thanks to
the chairman terminated the proceedings.