Northern Times.
Liverpool, Merseyside, England, 1859-03-16 00:00:00

m di
n 1
Dulyeed
iwii
ibaisin
to.a
fistrikhauei lnkegi
Inifromco i
lei
ilnir
thenige e'
duty, He regretted the death of the man, but it was sup•
nothing to
euprtTe(cykeinitwitaehs ebtaronda nshaiw:letrotkwi
telF
---(r tif - -a—
seem , tha he id not work he should 1/e.tieil up and
made work. He proceeded to comment on the evidence,
and contended that the evidence that went to
state that the chief engineer was lookine- dawn
the stoke-hole at the man, was negatived !by
the doctor, who was above all suspicion. If the order wag
given by the chief engineer, and that it were even an illegal
order, he would- not be answerable for all the consequences
of the act. On the law of the ease, he urged that his client
was not liable, and that no jury could find him guilty. No
doubt there was p-eat prejudice in the case, that was got
up by the placards and reports in the Plod and Aferciwy,
and wound up a slice address . by saying it would be
dangerous to send the- man for trial, because there was no
reliable evidence against him.
place in India when there is no sun ; in hospitals, when the
sun is excluded, and the air kept as cool as possible. _
To Mr. Mansfield : The symptomn of' sun-stroke and
apoplexy are the same, and would answer for both.
This closed the case for the prosecution.
Mr. Aspinall then proceeded to address the Court on
behalf of the chief engineer,- and said, Dr: Inman was
brought there to• adorn the ease, and slim the difference
between medical men. There was no case, he said, made
' out against the chief engineer, except that some one said,
he had admitted he ordered the man to be tied up fal not
doing his work. He argued that the chief engineer
had charge of the machinery, and was account-
able for the bringing home of the vessel, and,
therefore, he must have seen that the men performed their
Mr. Deighton then addressed the- court for itlitchell, and
said, there was no intention on his part to do the man any
injury at all. The plate where the man was put, was the
coolest in the ship, according to the evidence of the•surgeon,
There was no evidence to show that death was the result of
the place where the man was tied. He contended; that.sup-
pose the second engineer had received the orders.fioni the
first engineer, that he was bound to obey them, suppose
such orders were even illegal, as the chief was his superior
officer. However, he said, as the case was likely to go
before another tribunal,.he would'reserve his chief defence
until that period, when he trusted in point of% law. am/ fact
to give a successful answer to the case. There were no
witnesses produced for the defence.
Mr. Mansfield said, the investigation of: the case . had
taken up a great deal of time, but not more than it
deserved, as it was a case of such importance to all parties,
that it deserved the fullest consideration. It seemed to him
that there was no doubt that there was a strong suspicion
entertained by the prisoners and other persons on-board the
ship, that the unfortunate deceased: had skulked from the
performance of his duty ; and that, in trying to do. so, he
was not content with that, but that he threw over on. other
people an unfair share•of the work that- he ought to per-
form: Whatever the, order was,. or by, whom
given, no one anticipated the unfortunate result,
as it was extremely unlikely that the result would,
be what it really was. There was about the whole- case fa
' great deal of doubt, for, taking. it altogether, no two-of the
witnesses were agreed as to facts, but there was a-general
agreement as to the result. On the-medical evidence, too,
there was a difference. One gentleman stated that death
was from a sun-stroke ; and another, from- apoplexy-.
Talking about roasting- was quite out of the question. It
would, however, appear that there was- some order given by
the chief engineer to the- second, but it seemed that:order
was given in the alternativee that is, make-the man go-to his
work, and if he don't do it, tie him up, or-something to that
effect. However; when he was tied up, and when-the second
engineer heard him crying out for mercy. as it was proved he
did, he did not act like a man would have acted, by cutting
him down at once, but he ran to- the chief engineer, so that
it would seem he had received such an order as he could not
disobey, without consulting with- his superior officer.: He
alluded to the state of the law in this country and the-
United States, and the degrees of murder, with- the view
taken by the laws of both countries on the degrees. lit
the States, one of the degrees of murder called manslaughter,
was punished by the judge, after the conviction of the
party charged, discharging hint with a. reprimand; whilst in
this country the judge would be called merciful by letting
the prisoner off for penal servitude for a series of years, or
for life. It was with pain and reluctance . that
he had arrived at the conclusion of sending both prisoners
for trial. There was so much doubt and • difficulty in the
whole case, that the only thing he could do was to send it
before a jury for investigation. After a few other remarks,
he sent both prisoners for trial, but said he-would receive the
same bail for Buchanan as he had already allowed him out,on,
namely, two sureties in £lOO each, and himself in £2oo'.
Mr. Deighton then applied to. have Mitchell admitted to
bail, but his Worship said if he did admit him, the bail
would be so heavy that it would almost exclude-him. ; After
some conversation, however, his Worship agreed to take two
sureties in £250 each, and the prisoner in Z. 500, for his
appearance at the assizes. The case then terminated at six
o'clock.

LIVERPOOL POLICE INTELLIGENCE.—YEsTExnsy.

BEFORE MR. MANSFIELD.
ELLEN O'BRIEN AND THE FLOWERS.—A nice looking
female, very neatly dressed, who gave the name of Ellen.
O'Brien, was charged by Mrs. Martha Maras, publican,
asprisoner
sa wenttiwtaiif
walking
tni
logo leer
flowers
withi
thato p
er,n.,e previousitwhen
on stand
the
eg night, and
young
counter,
nnkt
°urn!,
Elliott-street, for an assault. The complainant said the
the bar stopped her. Witness then came behind the
counter, when the prisoner said, " This fellow of your's is
a good-for-nothing chap, as he won't let me take away the
flowers." Witness said the flowers were not to be 'taken,
when the prisoner took up a glass and flung it with great
force at her head, but •it fortunately missed her, and
smashed against the wall behind her. The witness was
quite astonished at her conduct, as her appearance wag
so very genteel. In answer to the charge; the
prisoner said she realty did not know. what she
was doing, as very unfortunately she had got some'drink,
which took away her senses. His Worship said her con—
duct was very disreputable, and fined her £2, or in default'
of payment one months imprisonment.
GRATITCDE blackmail, named Elliott, was charged.
by Mr. Thomas Carpenter; of Charlotte-place, with having
stolen a jacket, cap, vest, two shirts, and other property.
Mr. Cobb prosecuted, and stated the case, and then'eallecl.
Mr. Carpenter, who said some time ago the prisoner was
turned out of the Sailors' Home, where they kept his
clothes, for an alleged debt. He was very destitute,' and I
took him into my house, although I do not take in coloured
men, but he was in such distress I did so. I kept him
four weeks, and went to the Sailors' Home and got him a
ship. On Monday week I lent him the clothes, to make an
appearance at • the Home. He gave them back on the Tues—
day, but on the 'Wednesday he came in, the absence
of Mrs. Carpenter, took the clothes, and was
not seen after until Monday in this 'week.
I would have got him a ship if he bad behaved himself..
He pledged the jacket. Mr. Mansfield said, Al_ r. Car—
penter was one man in a hundred ; he had tre4edthe
prisoner kindly and hospitably, and was in return treated
on
e
most basely by him. Ile would send hire to J. for
month.
A WATCH ALADE TO " Go."—lsreal Isreal, a young marr,
described as a General dealer, living in Brownlow-hill, was
charged for receiving a watch, knowing it to be stolen'.
Mr. Cobb defended. It appeared that on Sunday night,
about ten o'clock, a man named John Martin, the master
of a flat, was robbed of his watch, value £4, by a woman in
Moore-street, and that on Monday forenoon the prisoner
sent it to a pawn-shop in Brownlow-hill to pledge. It
was stopped there, and the prisoner was then arrested.
The name of •Martin had been erased from the case
between the time it was stolen and when offered for
pawn. The defence was that the prisoner 'bought
it from a man whom he did not know, but this not being
satisfactory, his 'Worship sent the prisoner for trial. On the
appliCation of Mr. Cobb, his Worship said he would take
two sureties in £2O each for his appearance at the spi. sions
" WHERE SHALL WE Two MEET AGAIN 0
Fiddler, a comical looking fellow, about sixty year"f
was charged by Mr. Oman, of the Albert Dock
warehouses,
with stealing a pound of sugar from aship
When Mr. Cowan took him up, he said, in the dock.
I think I hive seen
you before some place. Not in thise world, replied.the
What do you mean ? asked Mr. p
You Tay have met
me in heaven or hell, said the r
e prisoner but not in this world.
Mr. Mansfield said
_the prisoner was before him nearly one
hundred times, and he thought he was mad about religion.
He would send
him for trial, and let a jury decide whether.
he was mad or not. [Wherever the prisoner met Mr; Cowan
next
before, the
place
he will meet him is before the re-:-
corder.]

The Portuguese Minister had an audience of her Majesty-
on Monday, to present, on behalf of the Icing of l'ortnal:,
the insignia of the Order of the Tower awl Sword for "
Prince of Wales and Prince Alfred.

THE EVACUATION or THE P^"
Morning Post says the Pone 1—
ragard to tho evo—
sanction
I— •

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