The Northern Daily Times.
Liverpool, Merseyside, England, 1856-04-11 00:00:00

POOL, FRIDAY, APRIL 11, 18.66.

wain, but with reference to his having been offered a bribe
by the government, they could not allow that to pass with-
out its being substantiated.
M. Read : If the boatswain is present let him be called.
The boatswain, however, was not in attendance.
Mr. Read did not expect he would be, knowing that Mr.
Mackintosh was to be in attendance. One of the officers of
the ship, the purser's mate, had told h m that the boatswain
had said that Mr. Shillinglaw had promised, when the
prosecution was concluded, that the boatswain was to have
a government appointment.
Mr. Shillinglaw said the statement was perfectly false
and absurd.

Joseph o.baldistone, purser's mate, examined : Had
often sm. Mr. Shillinglaw. The boatswain told him that
Mr. Shillinglaw had promi,ed him, after this prosecution
was over, to get him the situation of boatswain in the
water police.

Mr, Read said he was glad to hear the statement
denied ; and, as it rested on the statement of the boat-
swain, it furnished them with another instance of the
veracity of that gentleman.

A chart of the coast and tho official logbook of tha
Schomberg was produced.

„
Mr. Shillinglaw desired to call Captain Mathews, Lloyd's
agent.

—Captain Mathews, agent for Lloyd's, examined : He
remembered the night of the 29th December. He was on
beard the wreck of the Schomberg on that night. Some
of the ship's papers were given to him, in his official
capacity, by Captain Forbes. Among them was, he believed,
the ship's log-book, but he was not positive whether or not
it was the official log-book. The book appeared to have
been fairly kept. A conversation took place between Captain
Forbes and himself. He told Captain Forbes that it was
reported in town that his cables were not bent. Captain
Forbes said that they were bent. Witness then asked
Captain Forbes to allow him to look at the log-
book. The chief mate, who was present, corroborated
the captain's statement. He asked him if he had been
particular to enter it in the log-book. He said he had.
He then asked the mate to produce the log book, which he
did. It was looked over by the captain and chief officer,
and they found that the entry had been omitted. Witness
then said to the captain, "If you were certain that the
chains were bent you should have inserted it ; but if you
have neglected to do so, and are certain that they were bent,
you had better insert it at once, in my presence. The entry
made specified the day on which the anchors were got up,
and was concluded by the date of the day on which the
chain' were bent to the anchors. The ship's log was saved.
The Bench enquired for the logbook, but it was not pro-
duced. The log-book was in the possession of the agents,
and a telegraphic message was sent for it.
Examination continued : He did not recollect the date
when the chains were entered as being bent.
Cross-examined : It had been inserted in the log-book
when the chains were got up, but not when they were bent;
but there was a line left. The entry of the chains being
bent was put in after the entry of the chains having been
got on deck.

Cross-examined : One of the passengers came to him early
in last week, stating that the boatswain was prepared to give
evidence, but he did not remember the person. As a nau-
tical man he should not have thrown the anchor overboard
when the ship was heading out from the land. He conceived
the wreck to be half a mile off the shore.

The Bench pointed out that the only evidence to be dis-
proved was the statement that if the anchor bad been let go at
a certain period of the evolutions of the ship she would have
been saved.

Henry Cooper Keen, late first officer of the ship, examined :
As a nautical man he would not have let go the anchor when
the ship was wearing round, considering there was abundance
of room to wear her, and her head was off the land. There
must have been a current there or the ship would not have
settled on the reef in the way she did. When he was on
shore he observed a current. He would not have let go the
anchor at any one time, thinking it would save the ship.
By the Bench : In the place they were he did not believe
any anchor, if it had been let go, would have the ship, if she
had been driving in to the shore.

Captain Ferguson : To tell seafaring men that such a
heavy anchor as the Schoenberg had would not have held
the ship would be a waste of words.

Re-examined : If the anchor had been let go when the
ship missed stays, he did not think it would have saved her.
He would not have let it go then. He thought there was
room to wear her, and his opinion was correct, because she
actually went round bead first. He asked Captain Forbes if
ho saw the breakers. He said "Yes, we are all clear."
A copy of the chart which Captain Forbes used was
produced, to give an opportunity of showing that no sunken
reef was marked in it on the spot where the ship stranded.
On the chart being produced no such reef was found to be
marked.

Mr. Keen's examination continued : They were going safe
out to sea, he considered when he pointed out the breakers to
the captain. The atter-yards were well up, and the main-tack
boarded. He had seen land before, but not breakers. Where
the ship lay was about a mile and a quarter or a mile and a
half from the shore. The reef on which the ship struck was
connected with the rocks. It was formed part of rocks and
part sand. The hawse plugs were put in on the voyage, and
htd not been taken out. Everything was ready to bend the
anchor!. The chains were ready to go out, and were around
the windlass. Captain Forbes said he would not bend them
before he made Cape Otway. In the weather they had, if the
anchors had been hove they were certain to have lost them,
Some of the lashings used on the voyage to fasten an anchor
had been taken off, and a chop of a hatchet would have released
it. In the state the anchors and chains were ono could have
been got ready bent in ten minutes, and thrown over.

Re-examine' : The current he saw ran all ways, sometimes
up, sometimes down, The entry in the log book was in his
handwriting, and is as follows :
" The ship struck on a hidden sandspit, and became a total
wreck."

James Parkinson, late carpenter on board the Schomberg,
examined : He made the hawse-plugs, and took them out in
five minutes. He knocked out the inner one with a mallet,
and the outer one with a boom. Ho made the plugs in Liver-
pool on account of the water coming in and washing out the
forecastle. The boatswain was not present assisting in getting
the hawse-pipes clear, or bending the chains when the plugs
were got out. He had been at sea two years. It was an un-
common thing for a ship to take wet through the hawse•holes.
It took hardly ten minutes altogether to bend the chains to the
anchors.

Captain Forbes informed the court t hat the second officer
had gone to Adelaide with his brother, and that was the reason
of his not being present.

By the &meit From the time he commenced to clear the
hawse-plugs till the chains were shackled, a quarter of an hour
might have elapsed, not more. He did" not see the anchor
let go.

Aubrey John Somerville, late fifth mate of the Schomberg,
examined : He had been at sea in her Majesty's service nearly
four years. He had been two years navel cadet, and two
years midshipman. He was on board the Schomberg, on the
night of her wreck. The ship was standing in towards land.
Ho did not see any danger until the ship struck,
nor did he apprehend any. Ho came on deck
when the hands were turned up, about half-
an hour before she struck, and a quarter of an hour before the
order of " about ship" was given. They were all standing by
the ropes a quarter of an hour before the order to go about was
given. The ship " weared" after missing stays, and was going
round on the other tack, head off. To the best of his belief
the spanker was set before the ship struck. He did not look at
the compass. He saw no occasion for letting go the anchor,
and did not expect such an order to have been given that night.
Ho heard Captain Forbes give orders to heave the lead-line
before the ship struck, but ho could not recollect the exact
time, or the soundings. He heard afterwards that there were
seventeen fathoms. lie would not have let go the anchor at
any time as he saw no danger. The moon was up, and the
night clear:. .

Captain Forbes said that seventeen fathoms were reported
by tho second officer, who hove the lead. The ship's head
Was west, paying off well to the southward. He replied, " All
right." . _

-Jonathan B. Saxby, late third mate of the Schomberg,
examined : He was the officer of the watch on the night when
the ship missed stays, and until she struck, it would not have
been a seamanlike action to have let go the anchor, because
the roll of the sea at the time would have rolled the masts out
of her, and she would have tailed on the rocks and gone to
pieces, and so endangered the lives of those on board. When
the vessel missed stays they had plenty of room to wear
her, and there was no necessity for dropping anchor. If the
anchors had been let go, and the ship had dragged them,
they must have gone on the rocks. The ship would have
gone round if it had not fallen a chock calm. Ile heard the
order given to heave the lead by the captain. He saw the
carpenter knoek the hawse-plugs out. It took him a very
little time, not more than ten minutes, and perhaps not more
than five. One of the plugs was knocked out by one blow of
the mallet. Everything about the anchors and chains was
fully ready for bending, and the anchor bent full a quarter of
an hour before it was hove, It was the last of his thoughts to
see the Schomberg strike, as he thought she was safe. At no
one time would he have thrown the anchor over.

By'the Bench : If the anchor had been let go when the ship
missed stays, she might have dragged it, and so have been
driven on to the rocks by the swell.

Samuel William Hurdy, late doctor on board the Scbom-
berg, examined : I was on board the Schomberg on the evening
when she struck. He heard the captain's order to heave the
lead. It was cast, and he heard the reply given that there were
seventeen fathoms. The captain's answer was " all right."
This was sometime before she struck. It was while she was
wearing. This was his second voyage. The last thing he
would have done in seventeen fathoms water would have been
to let go the anchor. He did not apprehend any danger.
Shortly after the lead was cast he saw and heard breakers.
There wrs no swell or wind at the time. Ho should have
thought it the act of a madman if the order had been given to
let go the anchor.

Mr. Read was about to produce the evidence of captains of
vessels, to show what should have been the proper course to
adopt in such circumstances as Captain Forbes found himself,
when

The Bench said it wat not a question of nautical skill. All
the evidence they wanted was on the question of fact, whether
or not the anchors were in a state of readiness.

Mr. Read thought the only question was whether or not, i

a ship was in seventeen fathoms of water, with her head out to
sea, it was proper to let go the anchor.

The Bench would confine themselves to hearing evidence of
the anchor being ready.

Captain Forbes explained that the ship was standing in
towards the shore on the evening of the 2Gth December. The
wind was blowing SE. or S.S.E. He had stood in shore so
far as he could judge, at a distance of about four miles from
it. Saw no breakers. The chief mate called him at eight
o'clock to go about. Ho came on deck, and said it was not
necessary yet, as they were not within sight of land. They
stood on till about ten o'clock, when he saw land. A few
minutes after he ordered all hands up to go round at half
past.' After being on deck a quarter of an hour he attempted
to put t..e ship about, but she refused to come about.
The sails were then altered and she commenced
to pay off, when the wind failed. When the head of the
ship was off to the west the officer said he saw breakers. He
called out "all right," as he thought the ship was clear of
them, but immediately after she struck. There were no rocks
or breakers marked on the chart, He could produce the
statements of the cabin passengers, who all thought they were
safe. The anchors could easily have been let go, for the car-
penter could prove that all was ready, and that the chains had
been got up some time previously. If the anchors had been
got out before, they would certainly have lost them, as on tha
previous afternoon it was so rough that they split a new main-
sail. The reasons why he did not order the chains to be bent
to the anchors was that, as the chief officer would prove, it
could he done in five or seven minutes.

William Gunn, chief officer of the ship Gulnare, examined :
The ship Schomberg passed the Gulnare at sea on the 25th
The port anchor was over the rail, and the other lying on the
lee of the rail. The Gulnare was half a mile off. He saw the
anchors through the glass. He did not see that the chain was
bent. There were no shoals marked in his chart where the
Schomberg struik. After the ship missed stays in seventeen
fathoms water, and she had wcared with her head out to sea,
he would certainly not have let go the anchor. One "P" of
the anchor was over the rail, and it was not, he should think,
as it had been stowed for sea.

Captatn Forbes said, if the ship had been in shoal water
at the time, it would have been better for him to have let
the anchor go, but as she was in seventeen fathoms, he did
not see that it was necessary. Had ho seen the least occa-
sion for letting go tho anchor, he could have done so in
five minutes at any time ; but, as far as his opinion went,
when the ship was coming round, and tailing off land, there
was no necessity for such an act.

Daniel Mackintosh, proprietor cf the British Hotel,
examined : There was a meeting of the passengers at his
house on Thursday night, 14th inst. He saw a collection
of money made and given to the boatswain. The meeting was
held in a room in the British Hotel. The room was asked for
by some of the passengers, who said that an appointment
had been made by a government officer to meet them there.
There were about fifteen passengers in all. They passed
several resolutions. One was, that two of them should attend
as a deputation on the crown solicitor, enquiring why he did
not prosecute ; and another, appointing a deputation to watch
the proceedings at the examination on Friday last. He saw
the boatswain receive money. One gentleman, Mr. Melville,
tendered him half a sovereign, but as the boatswain had no
change, Mr. Melville returned it to his pocket. He saw
money collected, and paid over to the boatswain, who put it
in his purse. He saw one person hand him five shillings.
The boatswain was to attend to give evidence concerning
the bending of the anchors : that was all that was wanted of
him. Ho could produce several of the passengers that paid
him. One of them was a fellow.passenger of his own in the
home voyage before the last of the James Baines. The
government official who was reported to have called the
meeting was Mr. Shillinglaw. The meeting waited for him
until nine or ten o'clock, when, on his not appearing, they went
on with their proceedings by themselves.

By the Bench : He could not say if the money was given
to the boatswain to pay his expenses, or as a bribe.
Mr. Read thought it would be readily understood.
Witness continued : Mr. Osbaldistone, the purser's mate,
told him that the boatswain had said he had been offered a
Government appointment by a Government official after the
case was over.
Mr. Read said he would call no more witnesses.

The Bench adjourned the Court for half an hOur, to enable
them to consider on their decision. After the expiration of
that time, the Bench said : James Nicol Forbes, you stand
committed to take your trial at the next sessions.

Mr. Read said he would suggest to their worships that the
depositions of the witnesses must be read over in their pre:
sence before Captain Forbes could be committed. The case
had been dismissed at Melbourne, and, unfortunately, they
had allowed the second mate to go away. The bench had no
power to commit before this act had been done.
The Bench : So the decision stands.

Mr. Read : The bench was not in a position to commit
before the evidence had been read over.

The Bench said Mr. Read appeared to be resting his obser-
vations on the supposition that they were entirely relying on
the evidence of the boatswain;

Mr. Read said he relied on certain acts which it was
necessary should be done before committing.
Tho Bench said if they were wrong Captain Forbes would
have the benefit of it.

Mr. Read requested to have a note taken of his objection to
the committal, as illegal.

The witnesses were called to be bound over, when the boat-
swain and Mr. Melvil!e did not answer to their names. Mr.
Shilrnglaw applied for a warrant to issue for the boatswain's
apprehension, which was granted.

Captain Forbes was admitted to bail, himself io £5OO, and
two sureties of £250 each.

Mr. Read pointed out the law to their Worships, that they
had no authority to demand more than the personal recog-
nizances of the witnesses. The bench therefore reversed their
decision, and the witnesses were severally bound over in the
sum of £5O to appear at the next Court of Criminal Sessions,
on the 15th February next.
THE INFORMATION AGAINST SAXBY, THR THIRD MATE.
. .

On this case being called on, Mr. Shillinglaw applied for a
warrant to apprehend Hodge, the boatswain, he heing the
principal evidence against Saxby. The other witnesses told
him plumply that they would not come to Williamstown any
more, as they had no more money. They asked him for
money to pay their expenses, but this, of course, he could not
accede to.

The Bench thonght that if some evidence had been adduced,
and an application made for a postponement to produce further
evidence, they should have been justified in granting a post-
ponement, but as no evidence had been given, the only course
open to them was to dismiss the case.
Case accordingly dismissed.
The court rose at half past four o'clook.