Northern Times.
Liverpool, Merseyside, England, 1859-03-09 00:00:00

YPiTERDAT:

The case was gone into yesterday, before Mr. Mansfield,
who was accompanied by Mr. J. A. Turner, during the
hearing, which lasted Dearly four hours, and caused con-
siderable attention. The court was crowded. At first the
case on behalf of the prosecution was conducted by Mr.
Clough, but subsequently Mr. Tyndall, on -belief of the
crown, took it up, and continued it to the close. The
prisoners are John Buchanan, the chief engineer, and
Archibald Mitchell, the second engineer,' of the steamer
Bogota, and the charge against them was for causing, the
death of John Launder, a fireman on board. The deceased
came from Valparaiso by the ship, and it was stated that he
had worked for some time in the silver mines in Peru,
and had made some money. He had sent some to
his wife in Cornwall—he being a native of that
,county, and a miner—and was coming home with
soma more. Wishing to save as much as possible, he
engaged as fireman' on board the steamer. Mr. Aspinall
appeared for the prisoners.
The first witness -called was Inspector Mawdsley, who
said, that on Sunday morning, a fireman on board the
Bogata called upon him and told him
Mr. Aspinall objected to anything told him. He must
tell what he did himself.
Mr. Mansfield: In consequence of what yon heard,
what did you do ?
I arrested the prisoners on a charge of having caused the
death of John Launder. I told the .chief engineer
the charge against him, and he went with me
to the stoke-hole, and showed me the place where
the mail was tied, and said he ordered him there :
I measured the place where the man was tied to the ladder,
at the bottom of the stoke-hole, and from the first fire it
was 2 feet 11 inches, and from the second 3 feet 5 inches,
To Mr. Mansfield : Every person going down the foot of
the ladder would he the same distance from the fires.
After some further explanatory observations from the
Inspector regarding the position of the ladder and the fires,
the following witnesses were called:
William Buchannan, examined : I shipped on the
27th as stoker and trimmer, at Valparaiso, at £3 5s
a month. I know the prisoners, who were chief and
second engineers on board. I was sent for a piece of rope
yarn by the second engineer, and gave it to him previous
to the man being brought .down on the 25th July; that was
after she left Rio, about five hours. The second engineer
made the deceased fast by the left arm, with the rope round
his back, more to one side of the ladder than the other.
The deceased could not walk an inch ; his face was to the
ladder, and that turned his left side and back to the
furnaces. All the six 'furnaces were in good order. After
the man was taken up I looked at them. He was there
half-an-hour. The ladder is about a yard from the boiler.
There is a passage there. When the doors are open there
is a heat, and it was the hottest day I over felt. • I could
not stand in the place three minutes. I heard the deceased
pray to his Maker for relief whilst he was there. The de.-
ceased fell, and I was looking down at him. I did not go
to the captain, for from what had seen before that, I saw
that the engineer had the power over his own mcn, and
I saw him punish men before. He (the deceased) was down
altogether about half-an-hour, and I- saw him drop two or.
three times ; I saw him wavering with his head. He ap-
peared in great* agony, and was praying until he got in-
sensible. As far as the rope would let him, he swung. The
second engineer was walking about, and could see. the
deceased very plain, but he took no steps to release him,
nor did I hear he took any. I saw them carrying the de-
-ceased to the forecastle.
To Mr. Mansfield : The furnaces were fired twice whilst
he was there, and I never felt such heat. He was put there
about five o'clock, and was taken up about half-past,
and he looked as if there was no life in him. I was not at
the funeral.. There was little or no air at the time, and
it was very close. I don't know what latitude we
were in. One of the men had a sun-stroke
that- day, about three o'clock. I con't 'say if deceased
refused to work. I knew him to have complained very
math of the heat previous to that.
Crossexamined by Mr. Aspinall : The second engineer
was walking. between the boilers, and it was hot there that
time, and it would be all about the same heat there as at
the foot of the ladder. It. would require two minutes to
fire. The man putting in the lire would be nearer to it than
deceased for a moment or so. In a few minutes I saw there
was danger when I saw him in agony. I did not go to the
second or chief engineer about it ; the latter was not there
at the time. Did not complain to any one, nor to any of
the passengers The watch below was four hours, but no
man could remain that time. One might remain half an
hour or so. There was a little seat behind the ladder, about
a yard and a half. Deceased shipped at Valparaiso.
I recollect deceased:talking about becoming a passenger, as
he complained of not being able to do the work, and I heard
he had given notice two or three times to that effect. I
cannot say if he worked at Rio, or not. After leaving Rio,
he said he would change his mind, and work home. Before
he was tied up, he was ordered down ; did not see anything
else until he was brought down by the second engineer.
The going along of the ship makes it a little cooler. There
were repeated complaints of his skulking from work, and we
knew it, because he was bad. I considered, from what I had
seen before, that the captain had no power over us, and I
would not ask the chief engineer. I did not ask the second
engineer to release him.
He was re-examined by Mr. Clough, and said, when de-
caased's head swung about he thought he had lost his senses.
He was a stout man, and was not short-necked, and only
complained of the heat. He was from 36 to 40 yeers of
age, and told me he was married in Cornwall.
Robert Wilson, a stoker, examined by Mr: Tyndall :
Left Rio about the 25th January. I recollect a stoker
named Thomas Launder. He sailed from Rio in the
steamer with us, and was a stout man, of reddish com-
plexion, and I consider he was in good health. He
was not short necked. He told me he was married in
Cornwall, and that he was 45 years of age. We left Rio at
twelve o'clock, and I came on watch at four o'clock ;
deceased was in my watch, it was a very warm day. I did
not hear him complain, but I believe the boatswain had
some attack. We were thirty miles from Rio ; deceased
was not below when I went down. Saw Buchannan (the
last witness) give a rope to Mitchell, the second engineer,
and saw him tie the deceased to the ladder in the stoke-
room. I did not hear anything said, as I was firing at the
time. He was brought down by the second engineer, but the
chief engineer was not there ; there were a number looking
down, but I don't know if the chief was looking down. I
did not hear the deceased say anything. There 'are three
fires each side the passage. The rail of the ladder would
be 36 inches from the first fire. He was facing the fire,
and I had to put my knee to him to keep him from falling.
In the coolest weather it is very hot there. I went up and
went down again, as the fire must be done every half hour.
He cried out frequently, "Oh Lord, oh Lord, deliver
me." I fired twice, and he was there when I went
down the second time. I think he was insensible, as I
spoke to him, but he did not answer. I said, that man
Is dune for, and one said, why don't yon cut him down ?
but I was afraid of Mitchell, as I had been reported
before for not doing two mcns' work. I never had
any quarrel with the engineers. I cut down the deceased
4 order of the second engineer, but he could not speak.
The doctor and chief engineer then came down and carried
him up. I carried his feet, and John Bell and another
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clothes were burnt, but takebzltw;enitie
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below the very bars of the furnace when he gave
up . the ghost, for I consider he was dead d at the time.
I could not say if his face or hands were burnt ; there was.
draft in the passage at the time; can't tell how many knots
we were going, but we were going as hard as we could ; it
was very calm water ; it was the second engineer who sent

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340,. t
L 4. I

THE NOR'IaTERN TIMES, NVEDNESLIA‘, MARCH 9, 18597,

for the rope, and said he was ordered to tic him up; did .not
see the chief engineer, except when he came down with the,
doctor.
Cross-examined by Mr. Aspinall : I had not been
down previous to four o'clock; I believe the deceased had
refused to work ; he was complained about for not doing
his duty ; I did not think there was anything dangerous
in it when I saw him tied up ; the seat is three or four feet
from the ladder; there was no draft where he was tied ;
he was tied to the rail, but any one on the seat would have
a draft, but there was no draft at all that day ;
I saw he was suffering from his position; did
not toll the captain nor the chief engineer, but
told the officer of the watch that the man was dying. I was
not going to get my meat stopped, and put in irons for
interfering with their duty. I was in irons once by com-
plaint of the engineer, for not doing two men's work, he
`charged me witi being, drunk. It did occur to me, before he
fell, that he was suffering very much and in danger, butel
dare not interfere.
To Mr. Mansfield: It takes about two minutes to fire.
To Mr. Tyndall: It was not my, place to interfere,
when the chief engineer had ordered him to be tied up.
William Lattimer, a seaman on board the ship, was
examined : I knew the deceased by look. I know the
prisoners, the chief and second engineers. The deceased
frequently complained to me of the heat, he was a hard
wanking, healthy man About four o'clock there was a great
noise at the engineers department. Saw the deceased trailed
along by the head and heels; Mitchell had hold of him and
asked him to go down, but he said he was not
able and gripped the rail ; he was shoved down
to the landing, and the chief was there, and I heard him.
say, " Damn you, go down," but he did not put a hand to
him. Looked down the stoke-hole and saw the deceased
being made fast, but could not tell who was making him
fast. He was placed near the furnace. •
Mr. Aspinall did not dispute that.
Witness: I saw him after that near the forecastle, with
his chest heaving up; he did not speak. I saw the doctor
and Mr Bachannan coming, and they rolled him fifteen
times a Minute, and mustard plasters were applied to his
feet. Ido not knew what state he was in ; he was not
clean then. I said to one of the fireenen, " this is a fine
start for a young man starting in life, to have the death of
a man on him." " Who are you speaking to ? " says
Buchannan ; I told him the other man, and he said I had
given insolence to the second officer. The deceased was
thrown overboard at about a quarter past eight. The
captain read the burial service.
Mr. Tyndall said that was all the evidence he wonld offer
to-day, and would now ask for a remand.
Mr. Aspinall said there was no charge against the chief
engineer.
After some discussion, the case was proceeded with.
The witness, in reply to Mr. Mansfield, said he distinctly
heard Buchannan say, "d— you, go down," but he did not
go down himself.
To Mr. Tyndall: I saw the chief looking down after
him for nearly five minutes.
Charles Coxhead, an invalid who came home in the ship,
(from the Ganges, man-of-war), was examined. Left Rio
on the 25th January, and remember the deceased dying on
that day. I came on deck abOut a quarter past four, and
was going to cook's galley, and saw the man come up from
the stoke-hole and fall on the deck, saying he was very
poorly. Mr. Buchannan was walking on the deck, and
came up to the man and kicked him, saying he was loafing.
The man said he was not able to do his duty. The man
was taken, with Mitchell and another man, to the stoke-
hole, and Mitchell said, " We will tie you down there and
make you work." They carried him to the fore stoke-
hole, and he was taken down the ladder and lashed
to the ladder. Buchaunan was not there then.
I went to the fore-cabin and said, what a shame
it, was.
To Mr. Mansfield : They took him down, and lashed him
at once ; he was calling out, " Oh Christ," and " Lord save
me." I said to a boy, " Oh, what a shame it is to de that."
Did not see him when he was brought up, but saw him
earried to the forecastle, and they said he was dead ; saw
them roll him, and the doctor and Buchanan were there.
He moved a little, but they said he was too far gone.
Mitchell said, if the men did not work, he would tie him,
and keep him there during his watch.
Mr. Aspinall :argued that-there was no ease against the
chief engineer.
Mr. Mansfield said it was a clear case of manslaughter.
There was, perhaps, no notion that life would be taken,
but the man died from the injuries.
William Parkinson, bedroom steward, examined : I saw
the man, previous to his death, lying on the deck, and saw
the chief engineer go up to him, and ask him what he was
idling and loafing for, there ? He said he was not
able to do his work. The man then went below,
hut came up in a few minop. 9ml I.y an..., o nin. TL.
chief engineer came a second time, and said, " are you here
still ?" and be replied " Oh, my God, I am not able to stand
it." The chief engineer then said, "if you don't go down,
get a tache, and lower the down ;" he said that to
the scond engineer, Mitchell.
To Mr. Mansfield : It was very hot weather, and deceased
seemed exhausted. Mitchell shoved him dovvh the hole.
John Pugh, the leading fireman on board, said I came
home in the ship. I remember the man who died; he was
under me in my watch, which commenced at four o'clock.
Buchannan ordered me to put down the man to his work,
and if he did not go to lower him down with the ash
tache, but I 'did - not feel inclined, and went away.
Mitchell was ordered by the chief to take the man forward.
The man said the heat was too great for him, and made the
heart jump out' of the cup. I assisted to carry him forward,
by holding him by the leg. The second engineer took him
by the other, and carried him to the fore stoke-hole.
Buchannan was there when we set him on the deck, and
ordered the second engineer to put him below. The man
then walked down the ladder, but I saw no more of the
case. There were several standing round at the time.
The chief gave orders if he did not stop below, to tie him
below. The doctor said his pulse beat proper, and the man
said he was not ill, only for the heat.
Mr. Aspinall again submitted that in the evidence there
was no case against Buchannan ; the only thing he did was
to give a legal order to take the man to his work, without
intending him to be tied up or kept there. No one
imagined doing him any harm, or that he would die. He
contended that-there was no illegality in the order, and no
jury could convict in such a case from the evidence, and it
would be useless to put him on trial for such a charge.
Mr. Tyndal said, the chief engineer had exceeded his
duty, as he had ordered the man to be tied, and that
was illegal.
Mr. Mansfield said, he would require some strong
evidence to show that the chief engineer had known the man
was tied up for the time ; it was strong in his favour that
he had called the medical man to examine the deceased,
before he ordered him below.
Henry Reece, a fireman on board, was examined, and
said he heard screams from the fore stoke-hole, and asked
who ordered the man to be lashed ? and the chief engineer
said, I did ; and witness said that was a curious place to
tie a man to keep him to his work.
After some discussion, the prisoners were remanded to
Saturday, but Buchannan was admitted to bail in two sureties
of £lOO each.

COPE'S PACKET TOBACCOS

4anafactured by a paielit procesa, which preserves the natural

flavour of the Leaf.

'OLDEN SHAG,

VIRGINIA BIRD EYE,
LATAKIA,

HAVANA,
CUT CAVENDISH,

IN SIXPENNY LE.II-Drol%. PACKETS,

Bearing the Signature of COPE BROTHERS and CO.,

z. the Feetory,
LORD NELSON-STREET.

Amustments.

Wins.—The will and codicil of the Right Hon. George
Warwick Poltimore, of Pommore and Court Hall, Devon,
and of Grosvenor-square, was proved in London on
the 9th ult. by the Right lion. Augustus Frederick George
Warwick, Baron Poltimore, the son, and one of the executors.
Power reserved to the Right Hon. Caroline Lady Poltimore,
the relict : the Hon. and Rev. John Fortescue, M.A.,Rector
of Poltimore ; and William Henry Doraville, Esq., of New-
square, Lincoln's-inn, the other executors. Personalty
£70,000. All jewels are bequeathed to Lady Poltimore for
her absolute use ; and all funded property (not disposed of
by deed of gift) is left to her ladyship for life, as well as the
freehold of Iluxham, and the house in Grosvenor-square,
with the furniture; and at her decease to Lord Poltimore,
to whom is bequeathed the estates and mansions of Polti-
more and Court flail, who is appointed the residuary lega-
tee. The will was made in 1857, and the codicil in Oct.,
1858.--The will of Sir John Potter, M.P., late Mayor of
Manchester, was proved in London by the executors
Thomas Bayley Potter, Esq., the brother; Thomas Fair-
bairn and Ellis Cunliffe, Esqs. Personalty 70,0001. He has
left two sums of £2,500 each to be invested for the benefit
of his two sisters and their issue ; and leaves the real estate,
together with the residue of his personalty, to his brother,
Thomas Bayley Potter. The will was written on one sheet
of demy paper, the end of which was cut off below the sig-
natures of the testator and the witnesses. The will was
made on the 18th of January, 1848, and was re-dated and re-
executed on the 11th of November, 1857, an affidavit as to
the condition of the will at the time of the re-execution
being made by one of the executors and the two subscribing
witnesses thereto. The testator died at. Beech House,
Pendleton, on the 25th of October, 1858.—The will of Sir
John Salusbury Piozzi Salusbury, Knight, of Brynbella,
Flintshire, and of Cheltenham, was proved in London
on the 14th ult. by the Rev. George Augustus Salusbury, the
son, and one of the executors ; the other executor, John
Wm. Harden, Esq., the son-in-law, having renounced the
grant. He has bequeathed to his eldest son the family
pictures which adorn the freehold mansion. To his son,
Capt. Fred. Octavius Salusbury, lie leaves a book he much
valued,which was sent to him (the testator). by his son Frede-
rick, from the seige at Lucknow, containing the photo-
graphs of the King of Lucknow and his wives. The re-
sidue of his personalty to be divided equally among his
younger children. The will is dated December 10, 1858.
We have been requested to supply an omission in our
notice last week of the will of Sir Joseph Bailey, Bart.
The deceased (who died on the 20th of 'November) left
ILady Bailey £3,000 a year, with a town And country
residence.—lllustrated News.

Can be had at the Tobaocoalists in townand country ; or wholcsalc

ROYAI. A M P T H•E ATR E.
GREAT CHARLOTTD.STROET,
Propriebor Mr. W. 11. COPIMAND.

MADAME CELESTE
Is Engaged Tor Ten Nights at this Theatre.
This distinguished Artiste- will appear in a NEW DRAMA, written
expressly for her, and which has been lately acted in
London with the greatest success, entitled
A SISTER'S SACRIFICE,
Which will be produced with New Scenery, Costumes, &c.
THIS EVENING (WEDNESDAY), the 9th instant.
And on Thursday, and Friday next, a new Drama, entitled.
A SISTER'S SACRIFICE ; or, the Orphans of Valneige.
Genevieve .. Madame Celeste.
To he followed by, this evening, and on Friday, the Grand Military
Drama of
THE- FRENCH SPY.
Victorine (le Marie .. •
Henri St. Aime ..... Madame Celeste !! .
Hamet ..... Madame Celeste !!!
And on Thursday, by the interesting
Drama of
THE 'CHILD OF THE WRECK.
'Maurice (a Dumb Boy) ....... .Madame Celeste.
On Saturday, the very popular Drama of
GREEN BUSHES.
Miami.. .
Concluding with THE CHILD OF THE WRECK.
Maurice ja Dumb Boy) ..Madame Celeste.
Doors opened at Half-past Six, and the Performances commence
at Seven o'clock precisely.
Admission :—Dress Boxes, 3s, ; Side Boxes, 2s. 6 . ; Pit, Is. 6d. ;
Gallery, 64.: Second Price—Dress Boxes 2s. ; Side Boxes, ie. 6d. ;
Pit, Is.
The-Box-office is open from Ten to Three for securing Seats in
the Dress Circle and taking Private Boxes, which may be had
,under thetlirection of Mr. Geo. Weston:

ST• O,EO,R.GE'S HALL
SIXTY-FOURTH PUBLIC PERFORMANCE

LIVERPOOL FESTIVAL CHORAL SOCIETY,

ON TUESDAY, THE 15TR INSTANT, 1859,
WILT, BE PERFORMED
HANDEL'S SERENATA " ACIS AND GALATEA,
THE
MUSIC IN MACBETH,
AND A SELECTION OF