The Northern Daily Times.
Liverpool, Merseyside, England, 1857-01-21 00:00:00

THE NORTHERN TIMES.-LIVERPOOL, WEDNESDAY.

hal the greatest respect ; still these were but individual

opinions, and a great deal could be said, if not more, upon
the opposite side. The Rector had the opinion of one
of the most eminent lawyers of the flay, that he ,had the
law to back him and enforce his claim ; but the Rector
did not think it desirable thus to enforce it. The
Rector was fully impressed with the view that,
according to one table, he could claim 2s 6d
burial fee ; 6d registration fee, and 2s 6d for
opening each new grave. And they must
hear in mind that according to the new Burial Board of
London it was sought to be insisted that only one
pauper should be buried in each grave, and, therefore,
the rector would be entitled to .ss. 6d. for every pauper
interment under one scale. Under another scale he
would be entitled to 6d. burial fee, 6d. registration, and
ls. Bd. for opening new ground, making 24. Bd. each
interment. Therefore, whether they have him on the
new table or the old, it was quite clear, if the law laid
down in support of the rector's views were correct, that
the vestry would make an excellent bargain by com-
promising for one shilling. Now, it was quite certain
they had the power to refuse altogether any new claim
on behalf of the rector. The result of their refusal
would be that the rector would forthwith enter pro-
ceedings in a court of law—the vestry would have to
answer those proceedings, and enter upon a law suit.
Now, he questioned very much whether the parishioners
(mid be satisfied, where so small a matter was to be
gained, with FO very great an uncertainty, lawyers them_
selves differing as to the construction of the acts of
parliament, be questioned very much whether it
was likely the parishioners would sanction a
large expenditure of money to go into the
Court of Queen's Bench, and contest the point,
when they could make an arrangement of a satisfictory
character for so small a sum. • (Hear, hear.) If they
passed this resolution and the Rector accepted the con-
ditions, they must be approved of by the auditor, and if
there was not good ground for them the auditor would
refuse them. Therefore, this resolution was not con-

'clusive in itself, and Mr. Thornley, or any of the gentle.
m.n around that board, could come before the auditor
at his next visit, state the reasons why he thought the
account should not be passed, and it would then become
a subject for the auditor to decide whether or not he
would choose to pass it. He did not see that, under the
circumstances, they could place themselves in a better
position than by offering the Rector this compromise.
(Hear, hear.) He would ask them to consider for a mo-
ment what the position would be, supposing that there
were no law at present to be referred to, neither an old
table nor a new,—would it then, when the ground had
been purchased at _Walton, and the Rector or his deputy
compelled to go outthere to bury their dead, be unrea-
sonable to ofer him for his services one shilling
for each interment? At Smithdown lane ceme-
tery, under very recent regulations indeed, the
fee for the interment of each pauper was is 6i., whether
to dissenting minister, or church of England clergyman,
and 3s for each private interment. He did not think
they could name a single instance of anybody in Liver-
pool, whether Roman Catholic clergyman, dissenting
clergyman, or church of England clergyman, who did
the same work for anything like the same sum of
money as the Rector would receive if he were contented
with the offer of one shilling. (Hear, hear.) On the
principle that " the labourer is worthy of his hire," he
did not see any reason to dissent from what he proposed
as a very reasonable compromise of the question. The
vestry must distinctly understand, that he was not there
as the'advocate of the Rector. He should have allowed
the Rector to state his own case, but the Rector had
thought it prudent not to attend that day, and, therefore,
sent the letter which had been read, in which he appeared
to have gone very fully into the queition. The Rector
there gave his reasons why and wherefore, and was fully
prepared to enforce the claim to which he thought he
had a right, if the offer was not male to him in a fair
and proper manner. It was probably only fair to
make some allusion to the Rector's position now
compared with what it was when he received
but 6d for each pauper interment. When the parish
paid 6•1 for every such interment iniSt. Mary's Cemetery,
the work was done to a considerable extent by the
workhouse chaplain, and at that time the Rector was
receiving from the parish, £720, and from the corpora.
tion £7OO. Now, the Rector received a stipead of only
£2OO from the parish, and £350 from the corporation.
It was only right and just upon these grounds, that the.
Rector should feel some anxiety in looking to his
interest. So far as he (Mr. Woodruff) was able to judge
of the law, he feared that if they went to contest the
point with him, they would get the worst of it, but he
did not set up his opinion to guide the vestry. The
vestry had now heard the whole suhject—they had seen
it a great deal discussed through the public press. A
letter bad been addressed to himself lately through the
Mercury, for which be gave the writer every credit,
according to his view of the subject. They had there-
fore, to come to the conclusion that day, whether, under
all the circumstances of the case, they would not be hest
doing their duty to the parishioners by compromising a
vexed and difficult question which might be a source of
very great annoyance, and great expense, He questioned
very much whether the poor law board would
authorise a very large expenditure in litigation
on the subject. On the other hand, suppose that they
expended £3OO or £4OO in a law snit, and the result
, should be that the Rector established his claim, what
, would the parishioners say to the vestry if they estab
lished a charge of 5a 6d, or even 2s 81 in the end, after
spending £3OO or £4OO, besides having to pay •the
Rector's costs as well ? Would not the parishioners
say " you are reckless in the discharge of your duties—
you go to law for a frivileus thing which could be settled
for a mere nominal sum, anr: the result is that you
establish a much higher scale, and we are involved in
£4OO or £5OO expense ?" There were two sides of the
question. He knew some very good men out of doors
who thought the ves•ry would hardly do right to the
, parishioners in passing such a vote, but he was disposed
to look at both sides—he was neither disposed to favour
the • Rector nor any other person, but he wished to do
evenhanded justice to all, and with that feeling he begged
to move the confirmation of the proceedings.
Mr. Chesney : Have we got the Rector's authority that
he will fake this offer ?, _ _

.... ....._ . _ ,
The Chairman : The Rector could not say positively
what he would do until the board had passed a resolution
to offer it. But he said so much as. to leave me to infer
substantially that if the offer were made with a full
and proper intention of carrying it out as a settlement.
of the question he would take it. (Hear, hear.)
Mr. Brancker : Are we to understand that this will he
a final settlement of the question, and that the future
rector will he bound by the act of the present rector ?
The Chairman : I don't think he lus any power to
bind his successor.
Mr. Brancker : It :is a most material point in the
qnestion.
The Chairman : He has no power, and no pub!ic
meeting would have any power to bind his successor.
The public have a right, from time to time, to pass a
scale of fees with the approbation of the rector and the
church commissioners.
Mr. Luff remarked, that out of eleven members of the
finance committee, only four voted for the motion.
There were nine who voted, and the chairman had the
casting vote.
Mr. Jackson rose for the purpose of moving an
amendment. He thought it was an unfortunate thing
that the churchwardens, the finance committee, and the
members of the board should, from time to time, be
brought into collision with their chairman, upon a
question affecting his personal interest It was highly
desirable, under all the circumstances, that the question
should be set at rest as speedily as possible, and for ever.
If it were a question of fees claimed from the
parishioners, who were in a position to pay the fees
themselves or for their friends, he should be the last
man to have a word to say about it. It would then
become a'question for those to consider who preferred the
funeral rites of the ChurCh of England in the burial of
their dead, and he should be content to leave the matter
entirely in their hands. But while the Rector manifested
such a lively zeal 'in the protection of his interests and
those of his suecessors, the vestry were bound in duty,
as guardians of the poor, and as parishioners individually,
to evince and exercise au equal zeal in the protection of
the poor and the interests of the parish at large. Let
them not be scared by the bugbear of law (hear, hear).
,They had nothing whatever to fear from an action.
There was no necessity to go to law at all ; and he for
one very much regretted that the question had come
before them in the manner it did. He did not think it
was necessary, although he gave the finance committee
credit for having acted according to the best of their
judgment, and they were far more experieneed than he
in the matter. He would much rather that they had been
the question
pretest,auditor i ann
the
etfiskresnt
instance,
compelled to pay, and then they could have paid under
factory, called the'parish at large together, and taionrdi before f re the Poor law
awna_s notsubmitted
aisiattties -
to the parishioners the question, if it were necessary,ub'd
as to what the Rector's fees should be for each
interment. What were the facts
had heard that morning that for 50 e and the case ? They
up-
wards the Rector's fee for the intermlseyn3tlarst9s:fBelpue
had been 6d, now what reason could they find for
doubling that fee? He found that in
popula-
tion of Liverpdol and the vicinity was 205,
were all perfectly well aware that at the present timey
the population must be pretty nearly doubled, so that if
there were nothing more than the increase of fees arising
from the increase of population, there would have been
a considerab e augmentation to the remuneration given

to the Rector for that part of his services. Moreover,
they must not forget that they also paid to the parish
clerk, 6d, as well as to the rector. There had been on an
average for the last few years, about 2,400 paupers
buried annually, and for these the parish hail been pay-
ing the Rector 6d, and the parish clerk 61, and they
had also been paying a salary to the sexton. Now, with
regard to all they had heard of registration, it had been
represented that registration was an indispensable thing,
but he asked, how was it, if that were so, that there was
no registration in St. Mary's Cemetery ?
The Chairman : I beg to tell Mr. Jackson, that there
was registration from 1806, down to the period of its
being closed, and the registers are in existence now, as
Mr. 'Jackson may see at any moment.
Mr. Jackson said, there appeared then to have been
registration at St. Mary's, but he maintained that
there was no registration fee for the interment
of paupers.' at St. Mary's. nor fe3 the interment
.of paupers at St. Martin's , Chief Justice
Campbell in giving a decision on the point in the Court
of Queen's Bench, said that there was no doubt that when
the meeting took place in 1820. there was no intention
to raise the fees. The registration at present at
Cemeteries, he admitted was required by the law, but
the 'law had become obsolete in consequence of the
burial registration which had superseded it, and it was
now of no .earthly use whatever except. to indicate the
ground where a particular body was buried.
The Chairman : It is still required you know.
Mr. Jackson did not know whether every gentleman
was aware that the parish was now paying one shilling
each for the registration of every pauper to the
Superintendent Registrar of the district, and that was
the only registration recognised by law for legal purposes.
If they referred to the St. Martin's Cemetery Act, they
would find that by' one of the ' early clauses, the
churchwardens and rectors of Liverpool were empowered
to purchase 30,000 square yards of land for the purpose
of a cemetery or cemeteries for the use of the parishioners.
Now, of the 30,000 yards which they were empowered
to purchase, they had only thus far purchased 10,000.
The St. Martin's Act fixed the rector's fee at 6d.
The Chairman: And 6d. registration fee as well.

Mr. Jackson said, that fee had never been claimed,
and as Lord Campbell had referred to contemporaneous
usage, he maintained that contemporaneous usage had
been not to pay a registration fee. They had not paid
it for upwards of twenty five years, and it would not do
to set it up 'now. Reference had been made to ether
cemeteries, and the charges there, but when they were
told that is 6d was charged for a pauper interment in
Smithdown lane, they were not told that it included the
fee of the parisll clerk and sexton. If they referred to
the new burial acts, and the clause relating to incurn.
bents' fees, they would find that government recognised
the principle, that in future no incumbent, in certain
parishes of London and around, mentioned in the
schedule connected with the act, should receive more
than one shilling for pauper burials, if he had not had
more than that previously.
The Chairman :In no case less than ls. _

Mr. Jackson said, where is was allowed, neither
parish clerk nor other officer received id—the is covered
the incumbent's fee, the parish clerk, and the sexton.
The Chairman : You are mistaken there—l am sure
you have no wish to state anything which is not strictly
correct ; but the parish clerk, by law, has a certain
claim under existing acts of parliament, which in no
way interfere with the rector's claims in reference to
burials at all.

Mr. Jackson said they were at issue upon that point.
As he had before observed, they had only purchased
10,000 square yards of land, while they were empowered
to purchase 30,000. Morally speaking, therefore, they
were entitled to the application of that fee to 20,000
square yards more, and he should have been glad if
the Rector had allowed them to apply it to at least
as much of the new ground at Walton for the interment
of paupers. However, under all the circumstances, he
thought the most simple course for them to take would
be to call a meeting of the parishioners, and let them
decide the question. He thought they had seen very
clearly what the mind of the government was in relation
to the fee for the interment of paupers. They had seen
by the proceedings of the general vestry in 1829, with
a population scarcely more than half what it now was,
the sentiments of the parishioners at that time in regard
to the fee. They had seen by subsequent proceedings

taken in the year 1853 or 1854 in the Court of Queen's
Bench the sentiment of that high court at the time.
They would not be acting the part of faithful stewards
to the parishioners if, under all the circumstances, they
gave their consent to an enlarged fee. Mr. Jackson
concluded by proposing an amendment to the effect that
the question be referred back to the finance committee,
and that if necessary a meeting of the general vestry
be convened in order that the parishimers might determine
win': the future fee to the Rector should be for the inter-
ment of paupers.
The Chairman said with reference to the quantity of land,
the vestry was empowered to purchase not exceeding
30,000 square yards, and the authorities of the day thought
it prdper to buy only 10,000.
No seconder appearing for Mr. Jackson's amendment, it
fell to the ground.
Mr. Owen objected to its going forth to the public from
the tone of Mr. Woodruff's remarks that the Rector was a
very much abused man, and that the vestry had dealt very
illeberally by bim.
Mr. Satchell : So he is.
Mr. ()wen eaid, notwithstanding the high authority of
Mr. Satchell, he did not think so. He contended that in
the complicated state of the law, the vestry were
justified in refusing to recognise any new or increased
claim. With regard to Dr. Twies, he was certainly a very
high authority, hut it was very strange that the rector was
not bound by his decision when it was against him on a
former occasion. If the Rector had been 'reviving too little
for many years he had also been receiving too much for
many years, of which he said nothing.
Mr. Denton contended that it would have been more
seemly if Mr. Owen had treated the rector more tenderly.
Ho urged ' that the charge of is was but reasonable and
moderate, looked at in a business point of view.
After a few remarks from Mr. Satchell, Mr. Shaw, and
Mr. Bairstow, the finance committees resolution was carried
by 20 to 3: Messrs. Jackson, Luff, and Whitby being the
only dissentients.
The general proceedings were then confirmed.
After transacting some routine business, the vestry ad-
journed.

Fritz IN A Mule—About seven o'clock on Monday night,
the engineer •on duty at the
.mill of Messrs. Smith and
Hayes, cotton spinners, Store street, Manchester, dig
-
covered that there. was a fire in the third storey. He
instantly gave the alarm, sent off for the fire engines, and.
with the aid of the private watchman and several persons
who were at hand, he got two jets to work from the .high
pressure main in the yard. The flames were.spreading to
the fourth storey, and the jets soon checked them. Still
the fire continued to burn. Mr. Rose arrived at the mill
about twenty-five minutes past seven, with three engines
and a body of firemen. Two jets were at once attached to
the mains ; and One portion of the firemen ascended the
ladders, while another, ascending the stairs, opened the
door of the room and was
the water on the flames. In
half an hour the fire subdued. The mill is six storeys
high. The cause of the fire, which had originated in a
quantity of cloth, warps, and ropes, in a room used as a
warehouse, is not a-certained. The water•lllast have done
considerable damage to the machinery. The mill, we
believe, is insured. The engineer and watchman deserve
thanks' for the promptitude with which they acted with a
view to check the II Imes. Mr. Superintendent Wool,
a body of paliee, kept order in the street while the firemen
were employed.
Two FIGRTING GnosTs.—The age of superstition has
not yet departed, for during the past week strange rumours
were afloat that the old Bull and Dag Tavern, in the High-
street, Sunderland, Was haunted by the ghost of the late
landlord, Mr. Barron, who died suddenly a short time ago,
without a will,„leaving property to the amount of £16,000,
which it is said wilt revert to the Crown. Seieral super-
stitious persons openly asserted that they had seen the
spectre' in various shapes, and it was also stated that the
people of the helm were afraid to live init,,and:that the
relations of the deceased had offered a reward of £lOO to
any two men who would sleep in the house, and guard them
from the entrance of the fearful apparition. So great was
the credit accorded to these rumours, that two stalwart
fellows, from Mr. Hartley's glass works offered to stay in
the haunted house, but tney were not admitted. On Wed•
nesday night, soon after dark, people began to assemble in
front of the beim; and about eight o'clock it was estimated
that there could be no fewer than 3,000 persons occupied
in. gazing at the window of the haunted house. AboUt nine
o'CloCk the shadows of two, gigantic figtires, strangely
attired, one armed.with a battle axe and the other with a
sword, were thrown upon one of the windbw.enrtains,'and
believed to be the forms of visitants from the spiritual world.
The spectres engaged in a furious combat, which lasied
some time. At length the swordsman passed his weapon
throuqh his antagonist's hody,Whereupon the women in the
crowd uttered loud shrieks. The spectre , with the battle
axe then raised his weapon, and smote down his antagonist,
upon which both vanished amid the screams:Of the terrified
spectators, many of whom remained gazing on the haunted
house until half past eleven o'clock. On Thursday evening,
another crowd assembled at the same place, but a number
of policemen, stationed near the place ordered the crowd to
move on. 'lre are informed that the spectres seen at the
window were officers of an Oddfellows Lodge, meeting in
the house, and that the combat was a lark got up by two
of the brethren after the lodge had closed.—Sunderland
Timas.

THE RIOT ON BOARD THE J. L. BOGART.

INVESTIGATION AT BIRKENHEAD.

Yesterday morning, at eleven o'clock, the magis-
trates assembled in the court house to investigate
this case. •The Justices who attended were, Sir E. Cust,
Rev. Mr. Fielden, Congrave ; Captain Cockston, and J.
D. Case. The facts connected, with this alledged mutiny ,
appeared in our piper of yesterday. The court was '
crowded to excess in every part, the moment the doors
were opened. The crowd outside the court.was very
Jarge, and. both inside and out a large number of coloured
men were mixed in the throng as the case concerned them
especially. The prisoners are all coloured men, except
Peter Campbell, the second mate, who is in custody on a
charge of shooting one of the men, and who is at present
in the hospital dangerously wounded. The names of the
prisoners are, Herana Cuddes, Joseph Williams, Jeremiah
Jones, Lott Hyett, Daniel Walker, Samuel Stephens,
Nicholas John,. William Elliston, John Bettis, George
Kent, Charles Winterfall, Edward Hill, John Wellsley,
Benjamin Hodge, Peter Campbell, (second .mate), L,'
Dorsey, and Edward Sprigs.
They were in custody of detectives Scott, Eaton, Horn
and Smith. Mr. Campbell, solicitor, attended as their
legal advocate, when the prisoners were put forward.
Sir E. Oust, said, you men are charged for a mutiny on
board an American ship, and also for an assualt on board
the said vessel, what have you to say ?
Mr. Campbell slid, I appear for the prisoners, e 'wept
for Peter Campbell, the second mate, who is charged with
having violently assuilted one of the crew, who is at
present in the hospital and not able to attend. Accord-
ing to my instructions they have been most
grossly . and scandalously ill used by the mate and
second mate of the vessel, and that, from the
moment they went on hoard until they left the vessel,
they had to defend their lives. I am sorry to say
that this is not the only American vessel in which vio-
lence to the men has been resorted to, it is adoped by the
officers of nearly all American ships, to beat and ill use
the men, particularly if the men belong to the coloured
population. Such a system as this must and ought to
he prevented, and some representation must certainly be
male to our government, to confer with the government
of America, in order to put a stop to such gross
cenduet --- something must be arranged between both
governments to prevent the sacrifice of life. I come here
prepared to prove that the moment these men went on
board the ship,they were badly beaten, and that a system
of gross usage was practised upon them until they were
obliged to rise up in defence of their lives. They were
much more sinned against than sinning, and I am pre-
pared to prove that whatever injury the mate has re-
ceived (he is in Hospital not able to leave it), he
brought on himself. These men, ~when assailed with
pistols, swords, and other deadly weapons, only stood in
defence of their lives, and they -were fully justified in
doing so. As to a charge of mutiny on board an Ameri-
can ship, I submit that the -bench-cannot go into it,
ais they have no jurisdiction ;• and ',as to the assault, I
shall answer that when the time comes.
Sir E. Cost : I think we are hearing the defence in
this case before we hear the complaint—is there any one
appearing, on the part of the prosecution ?
Mr. Campbell : I believe the Secretary to the American
Consul is present.
The gentleman alluded to said, in reply to the bench,
that the Magistrates could not hear a case of insubordi-
nation on board an American vessel.

Captain Conway, the commander of the ship, was
called, and said, I did not see the affair, but I heard of the
revolt, and I applied to the American Consul, and he
procured the assistance of the police.
Sir E. Cust—lt is clear we cannot go on with the
case of revolt.

Scott, the detective, said the mate of the vessel was
dangerously assaulted, and lay at present in the hospital,
and, therefore, not being able to attend, perhaps you
would remand the prisoners on that ground.
Sir. E. Cust : If there is any evidence in the case we
ought to have it. _

Joseph Harrison, a Liverpool pilot, was then sworn
and said : I went on board on Saturday, and remained
there till this morning ; I saw violence used by the boat-
swain on Saturday night ; that man (identified John
Wellsley as the man). The chief mate had his brass
knuckles on at the time. Saw the first and second mate
strike two of the men ; every man that came on board
were all illtreated by the first and second mates—identi-
fied the second mate now present. I saw one of the men
knock the second mate down with a handspike, when they
were shooting each other. Did not see any one strike
the first mate. To Sir Edward Cust :I do not see any
of the men here who committed an assault.

Sir E. Cust : We cannot go any further in the case.
Mr. Campbell said be would reserve his cross-exami-
nation of the witness, if it should arise necessary. in order
to show that violence had been committed onthe men.
James Vallery, a boy on hoard the ship, was examined,
he said, the boatswain beat the prisoner Wellsley, who
was drunk, and plaguing the second mate, when the
latter knocked him down and kicked him. Saw one of

the prisoners with a sword standing over the chief mate,
but did not see any one strike him. Can't tell who hit
the first or second mate, bat saw men running after them.
Detective Eaton said, the mate was very bad in the
Northern Hospital, he was delirious last night.
The Captain said, one of the prisoners, Jones, drew a
knife at him.

The boy said, the man who was shot (Christy), and
who is in the hospital,-struck the mate on the head with
a -capstain bar in self defence.
The Captain said he did not see any of the transaction,
and he wanted to go to sea.
Sir E. Cuit*:' Will you take these men with you ?
Captain Conway :.I-will not, certainly. •
Sir E. Cast (ta-Mr: Campbell) : Have you anything to
say in reference to this case ?
Mr. CamPliell; I iiive a great deal to say. in reference
to it, and ;much .to urge why they - should -not be
remanded. I will 'brine. evidence to show, that they
were_ not guility of any fault WhateVei, .and that they
acted only in self defence. The feet is, .these men were
shipped for a British brig called the Robin Hood, .bound
tor Antigua, and not for the J. L.:Bogart.; for 'Mobile.
They knew very well that if they. went .to. Mobile, they
would be locked up and sold for slavery, and of course
they would.not go there. They did refuse to" do duty
when they found they had been cheated and entrapped
on board a vessel for that place, and they properly
refused to work. They were • then assailed by the mate
and second mate with pistol, swords. and other weapons
of a deadly description, and they. did, protect themselves
like men. One of them was first shot by the mate, before
they offered any resistance, and the second • mate assailed
them with pistols, and what was called " knuckles," and
after all this treatment, I ask the bench, will they allow
these men to remain in custody one moment ? Are these
Men to be shot down like savages, and treated worse
than slaves ? I maintain that,they.must he discharged,
as there is no evidence whatever to hold them in custody
a moment. He then went on to examine the boy who
had already given his evidence, and his testimony was to
the same eff.ct as the observations of Mr. Camp-.
bell, teaching the ship Robin Hood, and the
refusal ofothe men to proceed in the-,ship to. Mobile,
Sir E. Cast (to Mr. Campbell) : Can. you bring any
evidence to show that they;did not, ship for Mobile ?
Mi. Campbell ; All the evidence I can bring on that
, point I must get out on cross examination, because they
have put all the men, who could give evidence,, into.
custody.
Captain Conway said the men would not be allowed
aehore at Mobile, as the ship would anchor 25 miles from
the city, and none of them wouldbe allowed to go on shore.
Mr. Campbell : I will now ask a few questions of the
Pilot. The pilot was again examined, and said.: I was on
board on Sunday,. and saw Jones struck down and
kicked, 4nd saw the mate and second mate put a man
into irons and treat him badly between decks. All the
other men were locked up in the forecastle by the first
and second. mates. The men told me that they were
deceived, as they thought it was, the " Robin Hood" they
were in, as that was the vessel they shipped for to go to
Antigua. The second mate told me when the boat with
the men came alongside, and hailed' the vessel as the
" Robin Hood," he cried out " Yes, all right," and added,
" I (the mate) know the move," and got them all on
board. Th'ere was no mutiny or disturbance on board by
the men, nor did I hear them use bad or insolent expressions
to the officers.
Captain Conway, in reply to Sir E. Cast, -said : The
articies were at the American Consul's office.
Sir E. Cost : If we had the articles, it would settle the
point at once.
The case was then adjourned to four o'clock, in order to
have the articles.

FURTHER EXAMINATION.

Me case was resumed at nearly five o'clock.
Mr. Snowball said : He was instructed appear, along with
Mr: ,Campbell, on behalf of the prisoners. He would wish
to hear what the eaptain had tosay on the point.
The CaPtain (Conway) was then sworn, and, said: I have
to make a charge of revolt against all, tae men you see
before you.

_ .
Sir Edward Cast: Have you any charge of assault
against them ? No. I did not see any assault committed.
Sir Edward Cust : Have you any evidence of a breach of
the peace ? Yes, I have two witnesses 'to prove that.
Sir Edward Cost : Bring them up; then, and let us hear
what they have to say.
Mr. Campbell : I want to cross examine the captain.
first, if you please.
_ _

. --
Sir E. Cum: He has not'proved anything yet, against
any one.

The American Secretary said : There was a man (the

chief mate) lying at the point of death,+ and it was alleged
that he had been injured by some of the prisoners.
The Pilot was then examined by Mr. Campbell : Did you
see any assault committed on board the ship by any one ?
Witness: None whatever, sir, by any of the prisoners.
Sir E. Cast Go down, sir, you saw nothing ? nothing
by them.
The boy was then called, and said : I did not see any
assault by the prisoners.
Mr. Campbell : Then I submit you cannot remand the
men, there is no evidence against them.
Sir E. Cast : Is there any other evidence, or is there any
one who can shew the mate is in a dangerous state ? •
The Captain : I beard he was in a dangerous state.
Detective Scott : I went to the hospital, but was not
allowed to see him. Here is a revolver, which the chief
mate had, and which was taken from him by one of the.men.
I was sent for by the Consul, and went on board, but saw
nothing in the shape of. a fight, as all was, over then. I
found the f,istol with some barrels discharged.
Sir E Cast : Let us take the pilot's evidence now.
Mr. Campbell : I think if you anew me to ask the officer
a Question or two he may throw some light on the matter.
The Pilot was then called, and his depositions read over
to him, and he was asked if he could say .any more, and he
said he saw, the mate and second mate use 'several of the
men most; barbarously. and none of the men offered any
resistance until after, the mate and second mate fired on the
men. The crew did not use the pistol at all, but the mate
and second mate fired seven shots on the man. The men
had not offered any violence at the time, but were remota-
strafing with the mate and second mate on the impropriety
of beating them for nothing, and asking them to go in a
ship which they did not ship for.
To Mr. Campbell! : The second mate said to me, that
if the mate had fired as he did, he would have shot them
all, as he (the second mate) fired at the men, but the mate
fired at first over the heads of the. men. When the police
officer; came on board, the men were very glad.

Mr. Campbell : Was there any violence used by the men,
more than to protect themselves ? No. and the second mate
said, if all the barrels of the revolver had gone off, he would
have shot them all dead.

The boy was then called, and his evidence was read over

:o him.

To Mr. Campbell.: The boy said he save the ;late a
sword. The cross examination of the boy was continued,
but there was nothing more elicited than in the previous
portion of his evidence. The boy said, one of the men
(Jones) had a knife in his hand, as also another, and another
with a handspike in his hand, and they asked him where
the second mate was?? and he said he was gone ashore, as
he did not wish to tell where he was. _ .

Sir E. Cost said, as there was a man at the point of
death, and as the men who were identified as having deadly
weapons in their hands were there at the time, thse men
should be remanded, and all the rest discharged.
Mr. Snowball : If I can show you that the man was the
cause of his own death, I am sure you will not detain

these men longer in custody, and that you will detain the
second mate in custody on a charge of shooting the other
man now in hospital.
Sir E. Cast: Yes; we shall order him into custody, and
we hope the men who are now discharged, and who allege
that they were badly used, will remain and give us the
benefit and assistance of their evidence in the whele case.
The three prisoners pointed out by the boy as having
weapons in their hands were then remanded ; the others
were discharged, and the vast crowd that had collected
separated. The case will be resumed on Thursday (to.
morrow) at two o'clock.