Northern Times.
Liverpool, Merseyside, England, 1859-12-05 00:00:00

BANKRUPTCY COURT.

On Saturday last, Mr. Commissioner Perry gave judg-
ment in the case of John Green, bookkeeper, of Birken-
head, as follows :—This was the application of the bank-
rupt, made by his solicitor, Mr. Woodburn, for the
allowance of his certificate, which was opposed by Mr.
Bretherton on behalf of a creditor named Clark, against
whom proceedings were instituted by the bankrupt, first
in the county court, where a debt exceeding £5O had
been claimed, but was reduced to £5O in order that it
might be tried in that court ; and then the case was given
up by the plaintiff, who paid the costs of abandon-
ment. Afterwards, on the 2nd of February in this year,
the bankrupt brought an action in one of the superior
courts for a larger sum, which was referred by consent
to a Mr. Whittingham, at the suggestion of the counsel
for the defendant Clark. Mr. Wlaittingham, after nire
meetings employed in the investigation of the accounts
between the parties, certified that there was nothing
due to the bankrupt. The costs to which the defendant
was put in consequence of these proceedings amounted
to £7l Bs. Mr. Bardswell appeared for the assignees,
and had no objection to offer to the allowance of the
certificate. Mr. Bretherton urged in opposition to the
bankrupt that the action was vexatiously brought, and
in annoyance ; that the bankrupt had brought himself
within the provisions of the seventh clause of the 256th
section of the Bankrupt Law Consolidation Act, 1849..
But I cannot go along with Mr. Bretherton as to this part
of the' case, for the action involved a question of accounts
between the parties, was referred at the request of the
defendant's counsel, and occupied a portion of nine days
in investigation before the arbitrator, who, from the
language in which the bankrupt has characterised his
decision, has given a judgment opposed to the strong,
though perhaps erroneous, impressions of the case enter-
tained by the latter. Besides this reason, the action
complained of as vexatious was brought in the month
of February in this year, more than six 'months before
the filing of the petition of adjudication, and is,
therefore, not within the provisions of the section
before mentioned. Another point urged by Mr.
Bretherton was that the bankruptcy had been deter-
mined upon solely for the purpose of defeating Mr.
Clark'.s claim, and there is strong reason to entertain
the opinion that such was the case, for the bankrupt
has made statements in his examination which are, in
my opinion, shown to be contrary to the fact by the
testimony given by Mr. Galloway and Dr. Edgar, state-
ments which appear to me to call for the censure
of this court, a bankrupt being at all events espe-
cially bound to tell the truth when he presents him-
self before this court on the question of his certi-
ficate. A third ground of objection was, that the
bankrupt had given to his son-in-law, Mr. Faulds, a
creditor who has proved his debt for £203, a fraudu-
lent preference by bill of sale. That ground is estab-
lished ; but Mr. Faulds has given up any interest he had
under the bill of sale for the, benefit of the 'creditors.
This does not relieve the bankruptfrom the consequences.
of giving such a preference, though the court may be
induced to visit the matter more leniently under the
circumstances than it would have done had the estate
been put to any expense in defeating the claim of Mr.
Faulds under it. Under the circumstances of this case,
I think that' the certificate should be suspended for five
calendar months, but with protection, and that it should
be of the second class. -

SUDDEN DEATH OF A GENTLEMAN AT EUSTON
• STATION.—A most lamentable instance of sudden death
occurred at the London terminus of the North-Western
Railway, on Thursday afternoon. Mr. John Corsbie,
a medical gentleman residing at York, had, in conse-
quence of the delicate state of his health, come to town
for the purpose of consultinc, an eminent London
physician. fie returned in a cab in company with his
nephew to the station, with a view of returning to York
Fyntting out of the cab he
cb
oy themp la
ianf
et edr
on
fo of
feeling
nrain.
ill, and sat down in the
nusOualn
waiting-room of the station. Shortly after, the nephew
observing a peculiar change in his appearance, Mr.
Skelding, of Euston-square, the surgeon of the com-
pany, was sent for, but the unfortunate gentleman
expired speedily after his arrival. Mr. Corsbie was
about 60 years of age, and it is believed that the heart
being diseased, the excitement of the journey and its
object was the cause of his death,

THE LOSS OF THE ROYAL CHART ER.

OFFICIAL REPORT.

The following is the report to the Lords Committee
of Privy Council for Trade of Mr. Mansfield, the magi-
strate, of Liverpool, and Captain Harris, nautical asses-
sor, who held the recent inquiry at Liverpool into the
loss of the Royal Charter :
"MY Loins,—ln accordance with the instructions
which I received from the Board of Trade I have, with
the assistance of Captain Harris, nautical assessor, held
an inquiry into_ the circumstances attending the loss of
the auxiliary steam clipper_ ship Royal Charter. The
ship was originally ordered to bebuilt by Messrs. Moore,
of this town. The builder was Mr. cram, of Chester,
and the keel was laid at Sandy Croft, on the River Dee.
Before any considerable progress had been made in
her construction the firm of Messrs. Gibbs, Bright,
and Co., who are managers for and now represent the
Australian Steam Navigation Company—the registered
owners of the Royal Charter—took her off the hands of
Messrs. Moore. At cr about this time Mr. Cram failed,
and the further progress of the shipbuilding was con-
ducted by Messrs. Gibbs, Bright, and Co., on their
own account. Some changes were made to fit the
vessel for the purpose, which were ultimately attained
—an addition was made to her length at' either end,
and the original specification was departed from in
other respects. It is not material to dwell upon
this part of her history at• any great length, as, at
time of her transfer to - Messrs. Gibbs, Bright, and
Co., her keel only was laid, and a portion of the frame
set up. Nearly all the material had been provided by
Mr. Cram, and was on the premises ; this, after an
examination by the builders employed by Messrs. Gibbs,
Bright, and Co., was used in the construction of the
vessel. A portion of this iron, recovered with great diffi-
culty and expense from the wreck, has been produced
and tested by the Liverpool- Corporation machine.
It is decidedly above the average strength of iron plating
used for shipbuilding, and the average strength assigned
by Mr. Fairbprn for good Staffordshire plate. When
the ship was completed it was necessary to launch her
diagonally, owing. to the shalloWness of the water at
Sandy Croft. During this operation she stuck fast on her
ways, and great efforts were necessary to get her afloat.
It does not, however, appear that she received any injury
at this time. In proceeding down the Dee she took the
ground off Flint, and here her keel and the adjoining
portions amidships received serious injury, so as to
necessitate extensive repairs in the graving dock at
Liverpool. There is some discrepancy in the evidence,
but it is probable that on this occasion she was
strengthened by the addition of two bilge keelsons,
having been originally constructed with a keelson and
two sister keelsons. Of her rigging it is sufficient to
say that her masts and spars seem to have been amply
sufficient, and, though very large, not out of pro-
portion to the size of the vessel. Her tackle seems to
have been generally good, and her heavy sails were of
No 1 and No. 2' canvas—the quality of • stormsails
in ordinary ships. The ground tackle .seems likewise
to have been free from objection. She carried two bower
anchors and a sheet _anchor of requisite size, and all
of Trotman's model. She was provided with 300,
fathoms of chain cable of full two and an eighth inches
in diameter, tested by the maker, Mr. Woods, of
Chester, to seventy-two tons.. From the performance of
this cable, immediately previous to the loss of the ship,
it is reasonable to suppose that the material and work-
manship were good. Her engines, which -worked a
two-fan screw, were of nominal 200 horse-power, and
were able to propel the vessel in dead water, at the rate
of about eight knots an hour. Upon proceeding upon
her first voyage, she was heavily ballasted, as her
builders apprehended she would crank, owing to her
narrow beam. In the Bay of Biscay, however, she en-
countered very rough weather, and put back to
Plymouth. Here she was examined by the emigration
officers and surveyors, who recommended some trifling
repairs to obviate her making water, as it was supposed,
through her deck. These, however, had nothing to do
with the seaworthiness of the ship.
" In accordance, also, with their recommendation, she
was lightened of 00 tons of ballast, the result of which
was that her sailing properties improved, and she was
enabled to stay and- wear with facility. lam assured
by the witnesses who have subsequently made voyages in
her, that she was far from being defective in this respect,
regard being had to the greater time necessarily requi-
site to bring a long vessel round. Upon her returning
from her first voyage, it was observed by the surveyor
of the Liverpool Underwriters' Association, that sonic
of the paint had cracked at the joining of the butts out-
side amidships, and that in those places there were streaks
of rust. This, he stated, was invariably the case with
long iron vessels on their return from a voyage. It
does not, however, appear that wooden ships, after en-
countering heavy weather, are free from an analogous
indication of a strain in their butts. Some suspicion,
however, seems to have acted upon the minds of the
owners, and with a view of giving her additional longi-
tudinal strengthening, a massive stringer, the greater
part of the length of the ship, was introduced on either
side between decks.

"After this nothing. further of any importance as
regards the strengthening of the ship, seems to have
been done. _

"It may be proper, at this point, to state that, from
the evidence, I have arrived at the conclusion that the
Royal Charter was, at the least, fully equal in strength
to the average of ships of her class built at the same
date (1855). Whether this be sufficient is a question
which in reality does not arise in the present inquiry.
Even if it did, I should hesitate to generalise from an
isolated instance, on very imperfect evidence, and where
so much is left to conjecture. A much wider induction
is necessarily applied to the subject by underwriters, in
the ordinary course of their business ; and to those of
the public who may be ignorant of the fact, it may be of
interest to learn that, cccteris parilus, there is no differ-
ence in the premium paid for . insuring Wooden or iron
vessels of the same class.
" Upon her last voyage the -Royal' Charter, after an
unusually quick passage .from Melbourne, arrived off
Queenstown on the 24th of October.' She proceeded
up Channel, and passed the Tuskar Light about four
a.m. on the 25th. About half-past four or five p.m.
she was abreast of Holyhead. Up to that time the
weather had been fine, with a light breeze a-head. A

c'aange then took place, and it -became hazy ova- the
land.- The vessel proceeded in her course, rounding
the Skerries at six or half-past six p.m. Point
Lynas Light was in sight at a quarter to
seven p.m., at a distance of six or seven miles
on the starboard bow. At eight p.m. the wind was from
the N.E. to E.N.E., veering and blowing very hard,
and had been increasing in strength from the time the
ship passed Holyhead.-- She was heading at this time
about east by south. At a quarter to nine Captain
Taylor gave orders to starboard the helm, to which the
quartermaster at the wheel replied, The helm is a-star-
board already.' At a quarter to nine orders were given
to take a cast of the lead. In a quarter of an hour they
first succeeded in getting soundings with the hand lead
in 1.8 fathoms. The screw propeller was at work, but
the ship, notwithstanding, was drifting rapidly to
Leeward, as denoted by the lead. Shortly after this
soundings were again taken in fifteen fathoms, and
about half-past ten, p.m., an attempt was made to stay
the ship. This appears to have failed, for shortly
afterwards the port anchor was let go, and one
hundred fathoms of chain cable payed out. At
11.15, pin., the starboard anchor was let go,
with seventy fathoms of chain. The two anchors
brought the ship up. At 1.30, a.m., of the 26th
the port chain parted outside the hawshole. Orders
were then given to get up the stream anchor, which
weighed only 15 cwt., and was stowed in the after orlop.
The sheet anchor, of 50 cwt., was stowed in the fore
hatchway. It took about an hour to get up the stream
anchor, and when this was done, at about half-past two
a.m., the starboard cable parted. About three or half-
past three a.m., the ship took ground ; her heel seems to
have struck first,- and her head canted round to the
westward, broadside on to the wind and sea. It appears
that the screw stopped when the ship struck. The main-
mast was then cut away ; it fell abeam, and not in the
direction of the screw. The foremast was also cut
away, but did not fall till the ship was washed upon
the rocks, about five a.m., or two hours after she first
struck.
"About half-past seven to eight a.m. the vessel parted
amidships, and a melancholy loss of life ensued. Such
is the narrative afforded by the few survivors of the loss
of the Royal Charter.
"In reviewing the evidence before me, it is my pain-
ful duty to notice the apparent want of preparation to
encounter stormy weather shown by the Royal Charter
in her course up Channel. - She came up Channel with
her skysail masts on end, and yard across. It is true
that the weather was fine in the morning, and there
might have been no indications of the coming hurricane.;
but it is certain that in such a dangerous sea, and at a
time of year when storms may be expected, the stanchest
merchant ship would be only prudent In making all

snug litort, and the best equipped man•of--war would
'infallibly do so.
"I have no evidence before me to show whether the
barometer gave any indication of the approaching gale.
There were two, if not three, of those instruments on
board. If they had been noticed they would in all
probability have suggested caution. At five p.m. there
were two courses open. The Royal Charter was close
to Holyhead, and might have run in there for refuge, or
she might have put her head to the westward, and kept
the Irish Channel open. At six p.m. the Skerries were
rounded, and the wind increased to a gale. At nine p.m.
the wind and sea had increased so much that, though
under full steam, the ship refused to answer her helm.
" It was then found that the ship was drifting bodily
to lee Ward, and no course remained but to let go the
anchors. To the anchors, it will have been observed,
that the ship held for four hours, and it is to be lamented
that the resolution was not immediately taken to cut
away the masts. Had she been
.so relieved, her only
chance of safety—viz., holding on to her anchors—
might possibly have been secured. It is evident that
with the top hamper aloft, the steam power was inade-
quate to keep the ship under command. Had the masts
been sacrificed at first, as they were ultimately, the
steam power might have availed the ship more effectually.
"It is very likely that the captain of the Royal
Charter was deterred from this course by the appre-
hension that the falling rigging and spars might foul
her screw, thus repeating the catastrophe undergone by
the Prince in 1854, off Balaliln,va ; but it should be
remembered that the Prince was supplied with a three-
bladed- fan, while- the Royal Charter had a two-bladed
one only, which could be hoisted up in a short time and
with little labour.

".I am well aware that in making these animadversions
on the measures taken by the Royal Charter I may
encounter some difference of opinion; but having the
advantage of judging from the event, I cannot help
concluding that a fair chance of safety was sacrificed by
the course pursued.
" I may here also advert to what appears a dangerous
pacrtice, viz., to steam ahead to the.anchors in a gale of
wind, and in a seaway:
" A gale of wind, as is well known, is not uniform in
strength, but there are moments of comparative lull.
During these the steam power, not being readily con-
trolled, is apt to shoot the ship ahead. After this, when
a violent gust occurs, the ship drops astern, bringing up
with a sudden and a severe jerk on her cables—a kind
of strain most likely to make them part.
"It is not impossible that such may be the true ex-
planation of the parting of the cables of the Royal
Charter.
"All the evidence concurs in showin,,,, that the force
of the gale was terrific, and unexampled on that coast.
Nothing conclusive can be 'arrived at towards solving the
question whether a wooden ship would have held to-
gether longer, or so long as the Royal Charter. As far
as I have had information on the Subject, I have no
ground to impute blame to the life-boat people.
" The coast-guard were early on the spot, though
stationed ten miles off. The two pilot boats, according
to the regulations of this port, were in their proper
cruising ground off Point Lynas. One of them saw a
blue light, probably from the Royal Charter, and kept
a sharp look-out accordingly, but immediately after-
wards the darkness was so great, and the rain so thick,
as to make it impossible to see from one end of the
pilot boat to the other. The wind also became so high
as to put out her lights repeatedly.; and even had she
neared the Royal Charter there was such a sea running
as to make it impossible to put a pilot on board.
" The offiCers and crew to the last were.indifferent to
the preservation of their own lives, and solely intent on
their duty. Taking into account the unexampled fury
of the gale, which entirely neutralised the powerful
action of the screw propeller, so that the ship was no
longer under command—a circumstance which Captain
Taylor could not have anticipated—and "considering also
the apprehension-he may have entertained, while at
anchor, that the masts would foul the screw if they were
cut away, and possibly that the action of the screw to ease
the cables could not be safely intermitted.—l do not
think that this is a case in which I could report that the
ship was lost by the default of the master.

"J. S. MANSFIELD,
" Stipendiary Magistrate, Liverpool.
" Liverpool, Nov. 28, 1859."
"I concur in the above report.
" llv. HARRIS, Nautical Assessor."

The following letter was addressed to the Board of
Trade by the underwriters at Lloyd's :
_

"Lloyds, London, Nov. 24.
"To €'Dowd, Esq., conducting, on behalf of the
Board of Trade, the inquiry into the loss and con-
struction of the Royal Charter, at Liverpool.
"Sin,—We, as underwriters, are severe pecuniary
losers by the Royal Charter; and it having been stated
in the public prints that her chain_cables or anchors
parted, and consequently, that their failure was the pri-
mary cause of the catastrophe ; and not having observed
that an inquiry has been. directod.with a view to ascer-
tain their efficiency, we respectfully suggest for your con-
sideration that information is desirable--

"As to the diameter of link, length of each cable, and
weight of oach ; the number of anchors and weight of
each respectively, including stocks ; the means taken to
ascertain their efficiency when purchased; the data of
purchase ; the price and makers' names, and why a
third cable was not let go when two had parted."
(Signed by 22IUnderwriters.)