The Express.
London, England, 1850-06-17 00:00:00

ILabi *1

ADMIRALTY COURT.-B.troinay.
Sam DE. Losumnal..:uswass IT Tiro or 112 Tamer

mestur.•
Tam Bintora.—Cousnox.,

The wait ia thie-ens- ;;E-rtilislei ;vas ban& by ammeter
sad °wren N the Maims isithal, a Mope of 460 toss,
against the sterimee Nampa Irt haviagyau bar Aiwa ia the
Atimate daring the afteemea of tbe Nth 8••• 1849. The
sliegatim given in by the cowmen of the Mope pleaded that
she wiled Ma the port of loads* with a gasp of irate,
lead, mad ether general earreltandie is gw lig,
ewe cabin oesseueter and 162 stomp voimumgmes
bond to Now Toth. tipon the anew laldag
Ma at noes ea the day el the willies. Mhead himself is
lat. 60.48 north, and by compatades, ]gag. 29 west in the
same pirallel, and about 700 ealles westward of Cape Clear.
Shortly after this observation was take, the wind being
west aad by south, a dense fag set in, the mpel at the time
heeding surthwast by west, claw hauled is the larboard
tack, carrying all her sails with the ezetptioa of
sails, maw spencer, and fore royal. The vessel tram=
to be well under comnand, and going at the rate of frost
four and a half to flue knots an boar, whoa at Woe o'clock
in the afternoon, the fog still cat.thining, the order was
gives to keep a strict look out, all wart suspended, and the
watch waisted by soma of the parsnips as board. The
meter, who had wk.. up his statics also to the !showman,
abet hvLpwt three Vets* bawd a nwibilag mho to wind.
wedwwathiaglms ilitant tbmier, aad oaths aim woweet
the ma at the wheel obrowfing ea WOW to windward abut
400 yard• distant called oat " mall, be." Tin. miter Male-
distal, adored the helm to be pat bald_ up, the bell to be
rang, awl balled the stranger to port bar loft ; the bits
bad Wilmot • point sad a half, but the otherveseel, wh ch
proved te Ito the Europa sammer, of 1,600 teas, with casinos
of 600.howe pewee, got at the rate of 12 knots aa Mar at
the time, drat het helm, sad then pat It to port,
is eserequese it who! waisedimp, it wasalleged, alleged, and
Ms her astetaLyrsratee=estrate stew cs iato the
beepre, , whereby 186 of the
people en were nafteesaawly drowned. The WIWI:.
was attributed by the Chadee B alien to the Estop in not
keeping • pod look oat and pia; at an anjutillable rah of
speed. la reply it was sari by the owners of the Europa
that she was on her map Ma Halifax to Liverpool, cos-
ming the nails between North America and this country,
.ad when the Charles Bartlett was reported as the after-
noon is qeseteee, the weather being thick, she
was width two hundred yards of the steamer
the look-out =ea letatediatelv ordered the Mita to he
starboarded, but to the nee breath, nuking out the entree
of the barque, he called oat " port " and "hard a port,"
which order was instantly obeyed; at the seine time the en-
gineer, hearing the order to pert, anticipated the order to
cop the engines ; the couseguesee of which was that the
steamer came ap to the 'dad, but sot in time to prevent the
collision. They alleged the Charles Bartlett was ping
through the fog at the rate of from 6 to 6 knots as hour,
having all possible sail set, and she aeglected to take the
precautions mad with IWO& prammodlag through the fog
with all NM, oteeely, the Illyrian at Oa he horns, firing
guns, sad Waging balls. They en faded ft was therefore
isapondble to be aware of the 'pyres* of tbe Charles But.
Wt, whisk wade as amiss ia swag through the water auk.
=ghad to be Merl ea beard a steamer with its engines
wed submitted thee if Oa Herrops slackened speed
wherever obe thawateeed a lem la the Atlantic, the nails
would be fregantly detained he weeks, as fogs seasetimee
lasted a great length of tine. They attributed the collision
either to madden% or to the otheeedaet of thaw ea board the
Charlie Bartlett.

The Qseepi'iAdvocate appeared foe the owneve of the
Charles Bartlett, and contended that the Europa was pro-
°sedum at a more rapid rata at the time of the eollision
than stunten ought to go in the locality in question du-
i.; the continuance of a fog, emelt locality being in the
direct track for eutwarl and homeward bad rum&
to and from nearly all parts of the coatinent of Amorist—
being, in fact, a great concentrating point for both. The
learned advocate referred to the doctrine laid down by the
court in several cases, where steamers going through a fog
with unabated speed, in a track frequented by coasting vat-
eels, were held liable for damage sustained by collision.
The following CMS were quoted:—" The Pearl "(3 Hag-
gard's !tepees, p. 414); "The Rose" (2 Robinson,
p. 1); t The Iron Dube" (4 Notes of Cases, p. 94); " The
Juliet Erskine " (6 Notes of Cues) Be submitted
the Europa ought, under the circumstances, to
have decreased her speed at least one-half ; that she would
then have been under command and might have stopped
within her own length or nearly so, and the accident which
unfortunately happened would never have muted
Dr. Twits appeared on the same side.
Dr. Addams was heard on the part of the Europa, and
contended, that though the locality where the accident took
place was the usual track for steamers, yet that it was two
or three degrees north of the usual track for sailing vowels ;
and he denied that there was any great concentrating point
in tLe Atlantic. He entornitti el the general evidence In the
cause was sufficient to satisfy the court that bad due dili-
gence been used by the look out on board the Charles Bart-
lett, they might have heard the noise of the Europa's
paddle wheels two miles off, and that it must have been
owing to some noise or uproar of their own making, that
they were not aware of the steamer's approach. The came
referred to on the other side, be contended, did not
apply in the present instance, u they were one and all deter-
mined by the court in reference to the locality and the cir-
cumstances; and in this cue the locality and circumstances
were totally distinct and different. He admitted the Barone
was going at the rate of 12 knot' an hour, but denied the
ascertain for her aLeckenieg her speed upon entering a fog in
the Atlantic. In this identical voyage out and beck there
was a fog for the space of 12 days, and if the steamer had
gone at half 'peed during its continuance, she would have
been detaioed 1,250 miles. Hs thought the fair malt of
the evidence was this, that the collision was inevitable, and
could not have been provided against by any precaution
which it was incumbent on the Europa to have taken. If,
however, the court should be of opinion that any blame was
imputable to the steamer,' he (Dr. Addams) must submit
the evidence produced on the part of the Charles Bartlett to
dimulpate herself failed altointher.
Dr. Harding was also heard for the Europa.
The Queen's Advocate and Dr. Twits baring been heard
in reply,
The learned Judge summed up the ease with great minute-
nen to the elder brethren of the Trinity Corporation by
whom he was assisted, and after calling their attention to
the evilence bearing on the principal points in dispute, sub-
mitted to them the following questions :-1. Whether the
Europa was to blame for going 121 knots an hour during a
fog in the locality specified ? 2. Whether she was to blame '
for not having a sufficient watch ? 3. Whether there was
any neglect in the engineering department ? 4. Whether
the order given to refused the helm, and whioh was ad-
saluted to be erroneous, was or was not carried out so as to
produce any effect ? And lastly, whether the collision might
net have been avoided if due precaution had been taken by
those on board the Europa ? With respect to the Charles
Bartlett, he Inquired whether she was to blame for not
having a better look-out, for not having heard the engines of
the Europa at an earlier period, for not sounding a fog-horn,
or for any unsermanlike undue;
The !lamed Judge then retired to confer with the gentle-
men
by whom he was assisted. Upon kis return into court,
he said, la conjunction with the Trinity brethren, he had
contioered all the points is this ease which it was thought
necessary to determine, and he trusted there had been no
omission as to any one of them. They had unanimously
arrived at the following determinates'' namely, that the
rate of sailing amorg steusen could not be absolutely fixed,
but must depend on the state of the weather, the nature of
the locality, and the peculiar circumstances of each indi-
vidual ease; that the rate of 121 knots in a dense log
in less localities meet be attended with more risk
than a "lower pan; bat, amumiog it might be ac-
complished with namable security, suck a rate of
going would only be justified by their taking all
precaution, against the chance of a ciollisiou ; that
peeper precautions were sot taken by the Europa in the
present instance, there being no sufficient look-out on board,
or propor arrangement made with regard to her engines.;
that no person was platted to report to the eaginser the order
as to the engines; that no second band was pissed in the
wheel-hue., and that the order to starboard was erroneous.
The collision might have bee a avoided if proper precautions
were taken. They, therefore, laid the blame entirely on
the Rumps. They ware of opinion the barque Charles
Bartlett kept a good look-oat, sad discovered the other vein
eel as soon as CifCIIIIWAMOSII permitted, and afterwards
adopted all necessary measures to avoid the accident by
porting her halm, and Anglin dee skip's bell. The learned
judge pronounced ligidaSt the steamer in this ease.

INSOLVENT DEBTORS' COURT.—SATuRDAT.
Ix az CEA/. M. 11,100.7EXTRAORDIN4IT CASE OF

RAILWAY Lusturi as.

This insolvent, a doctor of goodie:lee in the Wandsworth-
mad, wee opposed by Mr. Elliot, matchmaker, Westminster-
bridge-read. Mr. Cooke supported.
The schedule in this case was a large one, showing debts
and liabilities to 64,0101., of which 49.2031 were without
coasideratlon on accouat of railways, 37,0001. on account of
the Shropshire Mineral Railway, of which he wee a manag-
ing (Nutter. The bona fide debts were 4,7091., and be had
1,3161. owing to him. Tn. insolvency principally woes
tram his connexion with railway mutters.
Mr. Elliott opposed, but there was nothing in his case.
The commissioner then took up the cue, and elicited that
the insolvent owed debts which he could not pay on account
of his railway liabilities.
Kr. Cosamisstoaer Phillips intimated that if no settlement
was gamic with Mr. Elliott, he should remand the insolvent
undo- the discretionary clau,s.
Mr. Cooke was surprised at the intimation, seeing that the
creditor hid failed in his opposition.
Mr. Commissioner Phillips said, if creditors did not op-
pose be should sot remand, hat when they appeared, and
such a case was hoard, he should Ors a judgment.
The marse suggested was rousted against, but at length
the parties retira dto come to terms. The result was a bill
se easitange was given to renew the debt, and Mt. Elliott
Wad the eouniesioner ha withdrew his oppositios.
Ma. Omemisaioner Phillip,* mid he was glad the matter
we astikd, otherwise he should have prohoineed a ladle.
meat. It was not to be endured that parties were to mix
teemselves up in gombliag railway transacions, sad aspect
to he discharged.
The insolvent was ordered to be iliseltarsed.

BOIRIIWARK COUNTY COURT.—BATURDAY.
UNIARTARRaI •DID Till POOR.
A poor wogs 4a, neared Howard, smiled to the judge der
• graweitswe sawnions, under the fotiowing eireatostentes :
She and her husband, she said, were in vary poor circus"-
stances, and on the 27th alt., one of their children, a boy lire
years old, died. She applied to Duskier, who is • " to•'
ndertaker, and he agreed to bury the child on receiving da.,
sad to Sake the balance at a @balling per week. file paid

th., gad the asilla was Not la. TIM body wet, however, al-
lowed to remain two days looser, la the eels roam Is whisk
the llsar seeded, although desseapseitio• pregreartd re-
Elio *attested Denial y as have the body burled
whitest delay, but he Mooed to *dr wail As melted Ta.
" der tha groetd." With great Meaty abe Meld the
sod paid it to ; bates the day appciatod for tee=berhsamsded 20a, nem whisk she was wady amble
to preesm Really dim the desemposed body bad tesesised
fee several owe deys is the Habig sem tbe fatally, it was
takes away end burled by the whit.
The judge said it was a very distendsd ease, sad granted
the suusems.

SUMMIIR CIRCUITS OF THE JUDGES, 1830.
Oa Saturday the Jodie, appealed to hold the sassing
suatiaar same throaghout Ragland sad Wales signed the
peatmile, and Rally appointed the days for salt
essisos. Some of theekeate bare already ban notified la
the Esprest, bat we are now eaablod to give • complete
list of them a follows :
MIDLAND —Judges, the Lord Chief Justice Sir Thomas
Wilde end Mr. Duca Platt.—Oshbant, Saturday. July 13;
Northampton, Sense day ; Lined& and City, Wednesday,
July, 17; Nottingham and Town, Tuesday, July 23; Derby,
Thursday, July 26; ligCliter and Borough, Taesday, July
30 ; Coveatry, Friday, Angast 2; Warwick. Saturday,
Amine 3. Om this circuit it is proper to mention that
the plate of Kr. levondea, who held the appointment
of aka oldie sate. for half a century, Lord Campbell, who
wont the last draft as his elevation as Chief Judos of
the Queen's Beach, has, in the most handsome maser, to
the satidastka of the umbers of the circuit, appointed Mr.
Colliaoa (who acted as deputy for twisty five years).
°ark of the mane, rendered Tama by the amain of Mr.
Lowed*.

-----
Ouroan.--Itidgs Lord Campbell aad Mr. Autos Wil-
liasia—Abingdoo, Nradusiday, July 10; Oxford, Saturday,
July 13; Worcester and City, Wednesday, hey 17; Staf-
ford &turd_ a, July 20; Sluewsbary, Saturday, July 27;
Hanford, Wednesaly, July 81; Monmouth, Saturday,
August 3; Gloucester and City, Wednesday, August 7.
Noavanart.—Judges, Mr. Justice Wightman, and Mr.
Justice Cresswell.—York and City, Wednesday, July 10 ;
Dubai*, Wedaseday, July 24 ; Newcastle sad Town, Mon-
day, July 29; Carßds Thursday, August 1; Appleby,
Monday, August 6; faneastsr, Wednesday, August 7;
Liverpool, Saturday, Anglia 10.
Wasrann.--Jtages, Mr. Judas Coleridge and Mr.
Juba Talkrurd.—Dev;sea, Wednesday, Judy 10; Win-
chestordlanaday, July 13 ; Dorchester, Friday, July 19;
Bedlam, Thurstayokly 26 ; Exeter and City, Wednesday,
Julyust 31 ; Wells, Wednesday,- August 7; Bristol, Tuesday,
Aug 13.
Nosuroza.—Judges, Mr. Baca Alderson and Mr. Judos
Pattssou.—Aylesbuy, Saturday, July 13 ; Bedford, Tues.
day, July 16; Huntingdon, Thursday, July 18; Cambridge,
Saturday, July 20 ; Norwich and City, Saturday, July 27 ;
Ipswish, Friday, August 2.
Horan —Judges,Tt Lord Chief Baron (S:r F. Pollock)
sad Mr. Junco Erlo.—Hertford, Wednesday, July 10;
Chelmsford, Monday, Tidls; Lewes, Monday. July 22 ;
Maidstone, Monday, July 29i aildford, Monday, August 6.
NOWni WALSI AID CHUTEit.--Judge, Mr. Buaa
f..—Newtown, Tuesday, July 16; 'Mealy, Friday,
July 19; Caernarvosi Tuesday, July 23; Neuman',
Thursday, July 2S; Rails* Monday, July 29; Mold, Fri-
day, August 1; Ciester sad City, Monday, August 5.
8013111 WALVIS MID Casts.—Judge, Mr. Baron
Parks, who will join Mr. Berea Rolle Caeater—Cardiff,
Tuesday, Jul 9; Carmarthen, Saturday, July 13; Haver-
(advisee and Town, Friday, July 19 ; Cardigan, Tuesday,
July 23; Brecon, Friday, July 26; Presteiga, Wednesday,
July 31; Chester and City, Monday, August 6.
Vanarlost JuDen—Mr. Justice Mauls will remain la
town is the nation judge.