Northern Times.
Liverpool, Merseyside, England, 1859-04-02 00:00:00

THE COURT,

The Judge Advocate-General had an audience of the
Queen on Thursday, at Buckingham Palace, and submitted
to her Majesty the proceedings of some courts-martial.
The Prince Consort rode on horseback, attended by Col.
the Hon. A. Hardlnge.
Her Majesty's dinner party in the evening included the
Princess Alice, the Earl and Countess De la Warr, the
Marl of Malmesbury, the Hon. Mrs. Biddulph, Colonel
the Hon. Sir Charles and Lally Phipps, and Major
Elphinstone.

No Sun- SHOULD GO TO SEA without one of Saunders
and Co.'s Patent Self-cleansing Charcoal Filters, cased and
fitted-up expressly fo; use on board ship. Note the address,
SAUNDERS & Co., 16, Parker-street, Liverpool.
THE BOGOTA CASE.-At the trial of Archibald Mitchell,
Mr. William Allsop, proprietor of the Waxwork Exhibi-
tion and Sculpture Gallery, Teutonic Hall, Lime-street,
took a Sketch of the prisoner, and is now preparing a full
length figure and correct likeness in wax, which will be
added to his unrivalled exhibition in a day or two. Mr.
Allsop wishes to impress upon the minds of his friends and
the public generally that his whole study and desire, when
he gets a figure np, is to execute it in the most perfect
manner, so that he will not spoil the figure for the sake of
the delay of a day or two.
Lof*.T. DON AND NORTH-WESTERN RAILWAY.-A meeting
of the shareholders of this company was held yesterday to
take into consideration a bill authorising arrangements
between the North Western and the Great Northern,
which has been approved of by a committee of the House
of Commons, and which it is advisable to pass with as little
delay as possible through the House of Lords. The
Marquis oChandos occupied the chair, , and after a few
explanatory words, moved "That the bill to be submitted
to Parliament be and is hereby approved by the proprie-
tors." The motion met with no opposition, and the meeting
was, on the motion of the chairrnsu, adjourned till twelve
o'clock on Friday, the Bth of April, for taking into con-
sideration a bill which would then be in a condition to
submit to the proprietors, enabling the West London
Railway to carry a bridge over the Great Westen; line. This
bill would not, the chairman said, involve this cotOpany in
any additional liability, and was only brought in in ponse-
(pence of certain accidents which had occurred at the
existing level crossing,

. . .
THE SPRING ASSIZES.
CROWN COURT—YESTERDAY.
BEFORE MR. JUSTICE WILLES.
His Lordship entered court at nine o'clock yesterday
morning.
SENTENCES. --,tohn Mackay, convicted of manslaughter
at Manchester, was sentenced to twelve calendar months'
imprisonment, with hard labour. Mary Henderson, con-
victed of the manslaughter of her infant child at Man-
chester, was sentenced to eighteen calendar months' impri-
meat, with hard labour.
THE BOGOTA CASE.
Archibald Mitchell, second engineer of the Bogota, was
then placed in the dock, charged with having, on the 25th
January, upon the high seas, feloniously murdered Thomas
Landon Mr. Attorney General Bliss, and Mr. Overend,
1.1.`0., conducted the prosecution. Mr. Brett and Mr. Deigh-
'ton defended the prisoner. Mr. .Aspinall appeared to watch
the case on behalf of the absent prisoner, Buchanan.
Mr. Attorney-General Bliss said : May it please your
Lordship—Gentlemen of the Jury—There needs very
little more than tte statement, on the part of the Crown, of
the nature of this case, to secure your . patient, earnest, and
continued attention throughout the whole. You will find
in it much, perhaps, to tax your patience, which must be
endured. You may find something to move your feelings,
which you must suppress and resist ; and if, after,patient
enquiry, you find anything whichinvolves a painful respon-
sibility, you must spew firmness, and strength of mind and
of character sufficient for it. But if, after patient enquiry,
you find the case involved-in any doubt which you cannot,
from your investigation, dispel, you will give the prisoner
the benefit of that reasonable doubt- Gentlemen, the
prisoner stands indicted, by the name of Archibald Mitchell,
together with another person, named. John Buchanan,
who is not in custody, for the wilful murder of one
Thomas Landor. The offence was committed upon the
25th day of January last, about five o'clock in the afternoon
of that day, upon the high seas, on board the British ship
Bogota, on her passage from Rio Janeiro, in the Brazils,
South America, to Liverpool. The ship belongs, as you_
will find, to the Pacific Steam Navigation Company. The
means of death charged are the confining the deceased,
Landor, in a place called the stoke-hole, where the heat was
excessive ; where, in consequence of that heat, nature and
animal life became suspended, and from which he was
removed, in a dying state, on to the deck, where shortly
he ceased to exist. The•prisoner at the bar was, in a sub-
ordinate "capacity, employed on board the ship, and the
deceased was also employed on board her as a stoker. The ship
Bogota was a steam-paddle ship of about 658 tons burthen.
She had gone from England, in the year 1852, to the Pacific
Ocean, and had been employed there in carrying the mails from
Panama to Valparaiso, until the end of-December last year,
at which time she was ordered home to England from
Valparaiso for repairs. The deceased Landor was a native
of Cornwall, and a miner. He had been employed in
mining in Chili, had saved a little money there,.had wished
to come home ; "and being a frugal man, who had others
depending upon him, he desired to work his passage home,.
and thus save the expense of the passage money. He
accordingly entered on board the Bogota as a stoker, being
no seaman and unable to go aloft, and he signed -the ship's
articles in that capacity. The ship sailed from Valparaiso
on the 27th of December, 1858, having a crew of 67
persons, under the command of Henry Wild, master ; and
among the crew there. were four engineers, of whom John
Buchanan, who is indicted with the prisoner, was the
chief engineer, and the prisoner, Archibald Mitchell, -was
the second engineer. There were also 12 firemen, and there
were six stokers, among whom was the deceased man Thomas
Landor. There was a doctor too on board, who will be
called before you. Gentlemen, the ship sailed upon the
27th of December, she doubled Cape Horn, and put into
Rio Janeiro. During the cold weather, or upon cool days,
the deceased man was equal to his work, but when they
came into warm latitudes he found himself quite unable to
endure the heat of the stoke-hole. So much did he feel it
that he complained immediately,and endeavoured to change
situations with another man, offering the latter £lO for
doing so. In this, however, he did not succeed, and on ap-
proaching Rio Janeiro he even proposed and intended to
be discharged from the ship in • the capacity of stoker
or one of the crew, and to pay for his passage
-home ; but he afterwards changed his mind upon
the point. The ship put into Rio Janeiro upon
the 21st or 22nd of Jannary, and wjiile there the flues and
furnaces were all cleared out and put in perfect order. On
the 25th of January the vessel departed from Rio. The
fires were lit in the morning, and abont twelve o'clock she
put to sea. The deceased Landor was in one of the watches,
and in the watch which belonged to the prisoner at the bar.
On that day his watch was up to twelve o'clock, and then
from four to eight. At twelve o'clock he went down to the
stoke-hole, and did his duty there. The ship had four
boilers and two stoke-holes, and the machinery was between
the four boilers. The deceased went to the after stoke-hole,
and did his duty there in clearing out. the ashes and in
bringing coals until twelve o'clock. From that time he
went off duty and went to the forecastle, where he remained
until four o'clock. At four o'clock he was called upon to
return to his duty. The day was extremely warm.
There was no air stirring. There had been some
rain, but the heat was so great that the captain
of the ship forebore to give his men any hard duty ; and
one or two of the men notwithstanding were, I believe
knocked off by the excessive heat, from exhaustion. • At
four o'clock the deceased being called upon to go to his
duty, went down to the after stock-hole, aid after some
time came back being unable to endure the heat. Mitchell,
the prisoner at the bar, ordered him down again, and he
went down and stayed some little time. He came up again
and sank down, or fell down upon the deck quite exhausted.
die complained that he could not stand the heat, and said

Mitchell leaked at him, went up the ladder, and retittned
again after no long time with the chief engineer, John
Buchanan, and the doctor. They came down and saw, the
deceased, who was lying there insensible, unconscious, and
unable to move. They had him carried upon deck, where
he was gasping,' his respiration coming only at long
intervals. He remained in that state. The doctor
ordered his head to be bathed with cold water.
The respiration, became slower and more unfre-
quent and at last it ceased altogether. I believe means
were taken by the doctor to promote artificial respiration by
rolling him over on his side, but it was all too late-4he
man was dead. He was buried that night, as is usual on
board ship, and the ship went on her course, and arrived in
Liverpool on the 6th of March. On her arrival some of
the crew made a complaint to the police, and both Bnchanan
and Mitchell were arrested. Mitchell, when arrested, said
whatever he had done he did by the order of his superior,
meaning, I suppose, John Buchanan. Now, gentlemen,
these are all the facts of this case, or at least the most im-
portant facts, and to prove these I shall call before you many
of the crew—not all of them, although all who were before
the committing magistrate are here ready to be called, and
shall be produced and put in the box 'if my learned friends
who defend the prisoner think there is anything they can
state which may be more favourable for the defence. You
must not expect from persons in their rank of life an exact
coincidence in everything they state. There will be discre-
pancies probably in time, and periods of time, and even in
the order of events, but it will be for your discrimination
and good sense to endeavour to see whether you do not get
the substantial truth, and whether according to that truth
you are not satisfied of the crime which is laid to the charge
of the prisoner. The doctor also will be called before you
—not that the case for the prosecution rests upon the doc-
tor's statement or opinion, for I believe this is hardly what
can be termed.a medical question as to what was the cause
of the death. If the deceased was in fair health before he
was taken down to that place, where the heat I understand
was so excessive that no individual could remain in that
position above five or six minutes ; and if while there
he sank as I have described, was taken out lifeless,
and died soon after he came on deck, it becomes a question,
perhaps, which you can determine as well as any medical
man, who after all conld only give learned names to what
probably you could understand as clearly in plain terms.
Gentlemen, the prisoner said when arrested, that whatever
he had done was done by the order of his superior officer,
and it is not improbable that this. will be urged in his de-
fence among other.things before yon. It will probably also
be made to appear that an opinion prevailed, and, perhaps,
was shared in by the prisoner
,at the bar, that the
deceased was what they call skulking or shirking his
work. I believe you will think that upon this occasion
at least, there was no pretence, but an honest inability
to perform that kind of work at the time he was
set to do it, and, perhaps, you will think that
anybody who witnessed what will be detailed to you ought
to have known this. But even if the prisoner at the bar
did believe that the deceased was skulking, and that he was
declining work which he had the ability to do, it does not
follow that either he or John Buchanan had any right to
punish him in that manner, and to that degree and extent.
There was a master on board the ship who alone, I believe,
had the right of inflicting such punishment as might be
required. Neither the prisoner at the bar nor John
Buchanan had any right of that kind, but even if they had,
this kind of punishment is such, as I submit, ought not to
have been inflicted, or if inflicted ought not to have been
continued to that extent. Gentlemen, the prisoner, perhaps,
may urge, or it may be urged for him, that you cannot
believe he intended to kill this man ; but even
if you should be of that opinion, that will make no difference
in the crime now laid to his charge ; for it is not necessary,
in'order to constitute the crime, that the person who kills
the deceased should have intended to kill him. If he
intended, deliberately and wilfully, to do him serious bodily
harm, dangerous to life, and did him serious bodily harm,
and in consequence of that the man died, he is guilty of the
capital offence, even if he did not intend to kill. But,
gentlemen I shall, before I close, call your attention to one
or two things which bear upon both these parts of the
defence ; for, if the prisoner had been an unwilling instru-
ment, and had executed an order which he believed himself
bound to obey, although the order was illegal, and, as is
case here, one which he was not bound to obey, this fact
might, although not constituting a defence to the charge,
perhaps entitle him to commisseration and to mercy. But
there are some circumstances I shall have to bring before
you which bear upon this point, and which are well worthy
of your attention. I believe
.you will find that the idea of
tying the deceased below originated with the prisoner at
the bar, and that he had threatened to chain him down
there before any order was given. I believe you will find
that the prisoner at the bar had provided ropes to do it before
any order was given, and I believe you will find that the
prisoner at the bar, during the whole time the deceased was
confined there, was walking near, where he must have seen
him, where he must have heard him, and where a word
from him would, perhaps, have relieved him, which word
was not spoken, nor any effort made until he was told that
the min was dead. As to the idea of his
being chained there to keep him to his work,
he could do no work there, for he could
not move from the place. These, gentlemen, are the facts
of the case, and you will judge them according to the evi-
dence and according to the law ; and let me say, that if you
have heard anything of this case anti have formed any
opinion from what has reached you, I conjure you to dis-
miss everything of the kind from your mind, and to decide
upon the facts as dispassionately as the law itself rules. If
you find any doubt, upon any points, either of law upon
which you will have the direction of the learned judge by
which you will be bound or upon the facts upon which you
will have the testimony of the witnesses, you will find it
your duty to give the prisoner the benefit of the doubt, and

A few minutes after the, firing, he prayed to his Maker toi
relieve him and take him away from that place. Ido not
recollect the Vf ords.he used. It was a few minutes after the
firing. I should think that he uttered the prayer loud
enough for a person in the engine-room to hear him. I
saw nothing happen to him until near the second firing,
and then I saw him yield to the rope as if his strength had
given way, and he swung by the rope. The time between
the firing is about half an hour and it was about five
minutes before the second firing that he yielded
to the rope. His body swung towards the ladder.
At times his head was- about eighteen inches from the
furnace, and at other times it would be about six inches
from it. Up to this time, he had continued to pray at inter-
vals, but ceased when he fell. Wilson come to fire up. The
deceased could not utter a word at that time. I was stand-
ing on deck looking down. And went away, and when I came
back the man was cut down, and was brought on deck, and
was about two or three paces from the stoke-hole. He
could be seen from the engine-room when he was tied to the
ladder. Some days after, I tried for diversion to see how
long I could stand it, and I was not able to stand over five
minutes. The man was there for 30 minutes. There was
a man called Lawson, a stoker, who knocked off work in
consequence of the heat. The boatswain had that day been
ill from sun-stroke. At the time that the 'deceased was
made fast, there was nothing to do in the stoke-hole.
There was a man named Jones Bell, and another called
John Hughes, in the same stoke-hole with deceased. The
deceased was on Mitchell's watch, and Mitchell was on his
duty at the time. To Mr. Brett : I was not at sea for ten
years before this voyage. When I am at home I live in
Glasgow. I could not say what size the ship was. She
had a forecastle. I don't know the number of the crew.
I think that model is very like the ship. The ladder going
down to the bottom was not fast. Just behind the ladder
there was a bench or seat used by the firemen to sit and
rest themselves on when their work was done. When. the
ship was under way, the fore stoke-hole was much cooler
than the after, if the wind was ahead, but if the wind was
abaft it made it hotter. The reason why we changed from
one stoke-hole to the other was, that we might have a fair
turn of the hot and cold. I always obeyed the engineers,
and would have done anything that I was told when it was
my watch. When the firemen had done work, they usually
sat on the bench below, and many a time stayed for half an
hour. I have sat on that bench very often myself. There
was no bench in the after stoke-hole, and this bench was
put there by ourselves for the purpose of sitting on. I
don't know of the deceased ever leaving his work, but I
have known him to complain of the heat, and go on deck
for a few minutes. I would not say that he threw his work
on other men, but I will answer for myself, and I could
have done as much work in ten minutes as would, allow me
to go on deck, and I think he could have done the same.
I heard the men say that this man was a skulker ; I don't
know that the men complained to the officers ; I thought he
was a skulker, because he was always complaining when he
was below and was well enough when he was on deck. I
think he did his share of the work, but though I called
him a skulker it made no difference to me when he did his
work. He had often left his work on the voyage from
Valparasio, and in a few minutes after he got on deck he
was always well enough. I did not see the chief engineer
looking down the hatchway. I did not see the doctor
examine deceased, nor did I hear the chief engineer say
anything to Mitchell. I will pledge my oath that the rope
was made fast round his arms, but he could move his arms.
If I had been placed in the same position I would have
loosed myself. During the time he was tied there were a
good many looked down the hatchway. I heard that Mr.
Mitchell was at work- straightening iron bars in the after
stoke-hole, if he was I never saw him work. Lander should
have been helping the firemen at the time, and Mitchell
should not have been doing it at all. I won't swear that it
did not rain that day, but I have no recollection
of it raining. I saw Wilson go down the
passage towards where Mr: Mitchell was. Wilson was put
in irons during the yoyage, by the chief engineer, but I never
had any dispute with the engineers. The first person taken
into cnstody was Mr. Buchanan, the chief engineer. I
gave evidence before Mr. Mansfield, and so did Wilson. I
have been like others taking a glass. I don't remember being
asked to tell the story of the roasted sailor. I have heard
the expression, but I did not like to hear it, because I did not
think it was right. My evidence was taken down in the
court-house. I was taken to an office to give my evidence.
It may have been the office of the gentleman who is con-
ducting the prosecution. To Attorney-General Bliss : The
reason I can say that the man was half-an-hour in the stoke-
hole was, because I saw two firings during the time he was
down. I never saw or knew anything about the straight-
ening of the bars mentioned. The rope that was used to
tie the man would be about the thickness of my middle
finger. I did not see the deceased try to get loose. On
that day I did not see any of the firemen sitting on that
box during that day, except an old man who was
ill in health, and who has died since he came
ashore. The ladder was moveable. It had hooks
at the top, but I do not think that the deceased could have
removed the ladder and gone away. I looked down the
hatchway, and saw the old man sitting there when the
deceased was tied. His name was Robert Lynn or Lang,
and he was a fireman. Robert Wilson examined by Mr.
Hosack : I was a stoker on board the Bogota. I remember
the deceased coming on board. After we left Valparaiso,
we had some cold weather, but, as we approached Rio, the
weather became changed. We left Rio on the. 25th
January. It was a hot day. I recollect firing the furnaces,
on the port side, about half-past four o'clock in the after-
noon. I heard Mr. Mitchell call for a rope. I think he
called Buchanan, the stoker. I don't know where Mitchell
was, as I was using the shovel. I did not see the chief
engineer. The deceased was tied with the rope to the
port side of the ladder. The rope was round the man's
body, but I could not say whether it was round his arms.

.re would not do it. The prisoner at the bar insisted upon you will give it with pleasure. If, on the contrary, you When I opened the furnace door, the deceased cried out,
his going down to the after stoke-hole, and took him to the find no reasonable doubt, you will give your verdict with " 0 Lord have mercy upon me ! 0 God have mercy upon
hatches and pushed him down, telling him if he did not go pain indeed, but neither the pain in that case, nor the plea- me !" He repeated it several times. I was firing
down and do his work, he would chain him down sure in the other, will have the least influence upon your about four minutes, and stopped because the man
and then he should do it. The deceased went down to the conviction or your determination. was in agony. I spoke to the man, and told him
after stoke-hole, but he came up again, being William Buchanan, examined by Mr. Overend, Q.C., said, to stand a little more amidships, and he would be more out
unable to endure the heat. During this time both the lam a trimmer—my duties as trimmer are to take out the of the heat. I tried to set him down on the ladder. I
prisoner Mitchell and the other person indicted, Buchanan, coals for firing ; I shipped on board the Bogota as a trimmer; went on deck, and was away about five or six minutes. I
the chief engineer, were down in the engine-room, and they we were lying in the river at that time in Valparaiso. went down to fire a second time, and I spoke to the
probably saw the deceased again go up on deck. When he The captain's name is Henry Wild ; I don't know the deceased, and he made no answer. He appeared to have
went up the last time from the after stoke-hole, Mitchell, number of sailors we had on board. There were four lost all power of himself at that time, and was swinging
the prisoner at the bar, who was in the engine-room, called engineers ; there were two others beside Buchanan and backwards and forwards. I fired at that time. I don't
to another person, who will be examined before you, named Mitchell ; there were twelve firemen and six stokers ; I know where Mitchell was at that time. I did not go to
William Buchanan, also a stoker, and told him to get some knew the deceased Thomas Landor, he was a trimmer; he Mitchell. I went to tell one of the firemen, and told him.
rope-yarn. After that, the prisoner went up on deck, and was on the same watch with me ; at the hour you speak of The legs of deceased were scorched. One of his feet went
William Buchanan went to get the rope-yarn. On the deck he was in the after stoke-hole; he shipped at Valparaiso; lin below my furnace. I was obliged to remove him, and
he found the deceased lying down, complaining of the heat, saw him first, I think, on 28th December; he might be did so by getting hold of his legs. My mate, Lynn, was
and protesting that he could not stand it below. Then about 44 years of age ; he was about 5 feet 7 inches sitting on the box. Cross-examined by Mr. Brett : I
John Buchanan, the chief engineer, and Archibald Mitchell, high, rather fair in complexion, and a stout made man. heard Mitchell say that he was ordered to tie him there by
the second engineer, insistd on his going down, and When I first saw him, he was in the best of health ; he was the chief engineer. I have often sat on that box or bench
Buchanan ordered Mitchell to take him down and tie him a trimmer and was in the after stoke-hole, but we changed in cold weather. I would not swear that my mate did not
below. He was therefore taken by Mitchell, watched about from the after to the fore stoke-hole. The sit on the bench, nor that I did not see him go on deck. I
with the assistance of another man, and carried watch was four hours. We sailed from Valparaiso on 28th, swear I did not see any rain that day. I went to a fireman
down, not to the after stoke-hole, but to the and came to Rio on the 22nd January. During the time we and told him the man was gone. I did not see Mr. Mitchell
fore stoke-hole. The deceased cried out that they were on our passage, I heard Landor complain very much of at that time. I went back again and took his feet out of
would kill him, and used many moving expressions which I the heat, always when we were below. The work that he the ashes. I told Mr. Mitchell that the man was gone. I
shall not repeat, because I might not be accurate, and which had to do was to trim out coal from the bunker and place it did not see Mitchell go along the passage. I cut the man
you will only regard so far as they tend to prove the cause on the plates for the firemen to throw them into the furnace. down about five minutes after I told Mitchell. The man
of his death. Far be it from your duty and your position We had also to carry the ashes up from under the furnaces was cut down before the engineers came into the stoke-hole.
to be influenced by any sympathy either for the prisoner or and throw them into the sea ; it took us from half an hour I would not say that Mitchell had more than time to tell
for the deceased. This inquiry is directed to your intellect to fifteen minutes, according to the state of the furnaces. I the chief engineer. I did not see the captain in the
and your convictions alone, and by these only it is to be heard him say nothing at Rio. During the time we were at forecastle when the- man was taken there. I was put in
decided. He resisted. Mitchell broke his hands away from Rio, we had the engines and furnaces cleaned, and the irons because I did not do enough work. I was not put in
the iron to which he clung, and forced him to the foreward deceased took part in it. We sailed for this country on the irons because I took money for coals. I did not fight with
stoke-hole. At the bottom of the ladder he tied him fast. 25th January ; the fire was lighted about twelve o'clock for Cameron about the coal money. I told the police about the
He tied his arms behind him ;he passed the rope-yarn which the purpose of getting up steam ; there is six furnaces deceased's death when I came here. To Attorney-General
he had had given him by Wm. Buchanan, whom he had sent in each of the stoke-holes. It was a very hot day, the day Bliss : When I cut the man down Bell, the fireman, was
before for it, around his waist, and fastened him to the ladder we started : I never felt so hot a day. The deceased had there. Mr. Mitchell was half-way coming down, and the
below the stoke-hole. They left him alone there, Mitchell not, I think, taken part in lighting the fire :it would not chief engineer was at the hatch. I could not tell how long
going into the engine room, and no one remaining below be his watch : it would be his watch at four o'clock. We it was from the time I told Mitchell, to that time. I had
but the deceased thus tied. In the meantime, gentlemen, were all working together before we started, but I could seen Mitchell walking between the engines. I saw the man
I may tell you that the length of the fore stoke-hole, across not recollect if he worked till 12 o'clock. We were called there for half an hour. I was going towards the after stoke-
the ship, was 29 feet 11 inches ; its width 6 feet 10 inches ; about 3 o'clock to get the ashes up, and we pulled them up hole when I told him that Landor was gone. Mitchell
and its height 16 feet. The distance between the bulkhead on deck. It was a usual thing for the trimmers to turn out went out of my sight, and I don't know that
and the fires was 6 feet 10 inches. The stairs projected a an hour earlier to get the ashes up. After we had done he said anything to me. William M'Lennan was the
little out, and he was tied at the foot of the stairs, within this, the deceased went down and rested till 4 o'clock. 'We next witness examined, and said he was a seaman on board
about three feet of the nearest furnace. There were six had got out to sea at that time about thirty miles. At 4 the ship Bogota, and knew the deceased. I heard him
furnaces, all of which were lighted and burning. The o'clock I went to the forward stoke-hole, and he went to complain of the heat in the stoke-hole, and I know he
farthest from where he was tied was then about eight or the after. About an hour after that, I saw Mitchell down offered a man £lO to do his work. I saw Mitchell putting
nine feet ; the middle about six feet ; and the nearest in the engine-room. There is a passage between the boilers him down the stoke-hole, and I heard deceased say, " don't
between three and four feet. The after stoke-hole, upon to the after stoke-hole. Buchanan, the first engineer, was put me down below for I cannot stand the heat. It will kill
the other side, was smaller in dimensions, and there was a with Mitchell, and he told me to bring a piece of me." Deceased was lying on the deck at the time. The
little passage between the boilers leading through the rope-yarn. I got it from the store-room, that prisoner said, " D--n you, get up, and go down to your
engine-room and into the fore stoke hole. After the pri- is half-way up the fore Stoke-hole ladder. When work or I will kick you down, and chain you when you
goner Mitchell had had the deceased as I have described, he I came out of the store-room, I saw Mitchell pushing are down." He then got hold of his legs. He put him
went into the engine-room, and there walked backwards and deceased down the ladder from the deck. Landor was first down. He was taken to the forecastle. I looked down the
forwards, and, from where he was walking, he could see the and Mitchell was behind, and had a hold of the deceased fore stoke-hole, and I saw a man tied to the ladder. I
deceased tied at the foot of the ladder. The engine-room, by the collar. He continued to push him till Landor got to heard him cry out for mercy. He was swinging about. 'I
having a large hatch over it, was a much cooler place than the bottom of the ladder. Mitchell then called out for the saw the prisoner walking between the boilers.l then saw
the fore stoke-hole. The deceased, while tied there, com- rope, andl handed it to him, and he made the deceased fast the deceased carried down to the forecastle, and the doctor
plained and cried out. His cries were heard in the fore- to the ladder with the- rope round the arms and the body, was there. Cross-examined by Mr. Brett. The time would
castle, and he struggled and writhed, addressing himself and fastened it to the ladder. At that time the decased was be about a-quarter past four o'clock. I did not see the
first to man, and aftemards to God, until his voice became standing up, more to one side of the ladder than the other. chief engineer and the doctor at the after stoke-
fainter and fainter, and he was seen two or three times, by Mitchell said he would make him stand to his watch. At hole, and I did not hear the doctor tell the man that he
those who looked down the ;,:,atchway into the fore stoke- the place where he was tied, I think would be about 36 would soon get used to it ; I did not see the man actually
hole, to fall. There were two r?.rings-uP while he was tied inches from the furnace door. The ladder was at its usual jtied, but about three minutes I saw him tied, and there were
there, and he must have remainee. there from half to three place. I could not say what was the heat at that place at several people looking down the stock-hole, but I heard
quarters of an hour. The fireman, a,'
ter he was first tied, the time, but I could not stand it for more than three or nothing about skulking; I went back to where I had been
came down soon, and fired-up—that is to. say, he put on four minutes. I went up the ladder when the man was tied sitting at the forcastle door, and I was there about eight
fresh coals, and cleaned out the fires in all
lie six furnaces, to get a breath. Mitchell went into the engine- minutes when deceased was carried up out of the stoke-hole,
as was his duty, and then he went away. Twenty-five room, but that is nothing to be compared to the stoke- but lam not sure of the time. The day. was very hot in the
minutes after he returned, and fired-up a second time. hole for heat. There is a hatch over the engine-room, and fore part of the d'ity, but was cooler in the afternoon ; I
Before he got down the second time, the deceasb:u wasl never saw it on, it is always open. I went on heard several cries, but I cannot say that they lasted more
seen to swing round and fall, with his head towards .the deck, and the next thing I saw was Robert Wilson, one of , than a minute; I heard the cries when I was in the fore-
furnace,at the time, and I swear I don't know how many
the firemen, begin to fire. Before I went up I did not casiTh Ido ndotthknatowshhipow. many The pnaesxstenwgietnrsess wereeallei the
so that'when the fireman came down he was obligee.:.'
to remove him away with his knees in order to open the
.hear the deceased speak. When the door was open, for the forecablpurpose of firing, it increased the heat very much. The were on boa:
a seaman on board the Bogota. I knew
furnace door. The second time, seeing that he was in an
he mold me that he thought he would not
insensible state, when he had finished his duty he went into decetZsed's back and left side would not be more than, I Thomas Granger
k till the end of the passage.
the engine-room through the passage between the boilers, would sO-Y, twenty inches from the furnace He was bound the deceased, and
and seeing the. prisoner Mitchell walking he went up to on the pOrt, side of the ladder. It was against a rail attached be able to do his we.:
him and said "Torn is dead." He brought Mitchell from to the ladder; that he was bound. His back and left side I said, I would do his Nr2rk if he would do mine.
the engino-room to the place where the deceased was. ware towards the furnace, and his breast towards the ladder, lie said he could not gO aloft, for it was a ,

.Twerheyi
IClcoasem.eddaLnthle
sadwa
ydecweease
the deck, about two yards from the aft stoke-hole. itek to
dlefity.ing
id ILI
crying out, "Oh dear, what shall Ido ?" I then sP°'e
him, and asked what was the matter with him. Ile
could not stand the heat, and he was forced to go o:
the work. I then went forward, and told them in th
castle. I came out, and. I saw them carrying hiff tcbd
lon Wthase peolrotaildwojul-
00(11
by the arms .and legs to the fore, stoke-hole. ,r but
put him down. I did not hear Mitchell say anytninot able
for him to go down. I heard Landor say he was 11°,,i
to stand the heat. He caught hold of the rail to h°7610
Land Mitchell loosed his hand and put him down ; 'fott,
him put down to the bottom. I went back to
castle, after looking if the gear was all right. When opt
back to the forecastle, I heard the deceased 0190
"murder ! for God's sake, 0
save me ! Will 0
help me ?" That was about a quarter ° into
hour or twenty minutes after I went de
e
the forecastle. I heard cries several times. The dol°l
is on deck. I saw the chief engineer walking uP 101
the deck when the man was crying. When the ni"-Iti
brought up he was gasping very hard for breatlbuti y
doctor asked him what was the matter with him, 2
foil
made no answer. One of the firemen said, " -Reb )11'
answer you; he is scheming." Cross-examined 'Ol
Brett : I went into the forecastle to shift myself, b+e,
was wet with the rain. He shouted for ten menu
„'
it was a quarter of an hour before he was brought 14404
chief engineer was walking for a portion of the itioo
deck. Some of the people said he was skulking. 000
he was taken to work, he was carried by the legs an wtW
The captain did not see him till he was dead. eLgP,
chief engineer and doctor were there. He was unw7olll,
go to work when they were carrying him, and ;100,
everything as he passed. John Langdon was
said : lam a boatswain's boy before the mast. 1 toil°
board when we left Rio. I saw the deceased tied Ste
ladder, He was tied round the waist, with his her hate
ladder. I heard him say, " 0 Lord, 0 Lord, titioge
killed me ; my wife and children." I went away, an alert'
back in about twenty minutes, and Landor was stlfilio
I did not see him go down the stoke-hole. I sal°
go down. He went down to fire up. I saw hin
I heard him say to Landor when he was falling,. belt 7
man, mind yourself." I saw Cameron shake Ins yield',
Landor. I heard Buchanan order a tackle to hoist Aefe•
up. The doctor and chief engineer were both
trelst
Landor complained to me on several occasions—Wt °1811;.°
day. By Mr. Brett : I do not know what vial ti clogcame up. lam certain I heard Landor say, " 0 a°'l'
take care." John Pugh examined by. Mr. Brett: foc.•
the head fireman on board the Bogota. I was °nip. sod
from eight o'clock. I was in the after stoke-Ile le''t,
Landor' was there in the beginning of the watch. OP
the place shortly after without speaking a word, or sc bole
complaining. I saw him on the top of the sto Vrtil
o
ladder. "The chief engineer was fetched terder7
De
him to his work. I heard the chief engineer 0.,,,•tb
man down, or if he did not go, to loWer him down "",.ss!lpt
tacklo. He said that to me. I heard • the enginee'AtO
Mitchell, to tie Landor below if he would not work. ,seet
time Lander was on the deck. I heard the chief 111
say to takehim forward, and tie him down belowflor
would not work. Thereupon Mitchell and I took h,„,° clof,
carried him along to the fore stoke-hole, and sat I°.`" if I'',l
at the top. The chief engineer said put him dowild
will not go. Mitchell stepped. over the combing' too!
on the ladder. The doctor saw him, and he to 111;,,
appeared all right to him, and said if he would Eforel
work he would soon get used to it. That was ysio./P",
Was ordered to be tied down. I went to the st°
ta -104
after that. That is a much warmer place. I was r cae•
some furnace bars. I recollect Wilson coming to Itl,l
spoke to Mitchell. hfitchell then went' away. 1 del„)
immediately after that that Landor was carried UP ; It,„;i
to carry him. The engineer was there at the time.
Landor's duty to help me to remove the furnace WV
engineer was doing Landor's work. By Mr. Bliss' • cri9l,
was down about half-an-hour. I did not hear hiSio
I was upwards of an hour fixing the bars. I lst,"teo
after-stokehole straightening the bars the vrheis'
Mitchell might perhaps have gone round his; ep;rtol
during the time. I saw some resistance on thest
-Landor. Landor said he could not stand the 1100
would not do it. I had •to carry him. ThereTbel.,4
resistance made in being carried to his work. the
him on the deck, and I went away. I had him bY,,rea6l.l
and leg. (;
Thomas Cookson examined by Mr. "%hele..i
saw him carried from the after to the fore stoke-01K
spoke to him, and he said he was ill. -Mr. Buchall4
up to him when he was lying on the deck, and 33'0.0!
what was the matter with him, and he said he lot`ilti
Mr. Buchanan said, " you are not sick, you are AL
and kicked him. Mitchell and Pugh took hold of
took him down the ladder. They shoved him dowll„,' of"
the man got to the bottom of the ladder, Buchan
" get some spun yarn, and lash him." Mitchell tl.-4,1`0
the ladder. Mitchell said to him, "damn your telae
d—d trash, if you don't work I will keep ru,,
this watch, and next." I heard the man cry " a°l4 ate' ,4
Afterwards I heard the man cry, " 0, Lord, s3cllo,si
-- Christ, save me !"" My poor wife and family." „as As
deck then. I looked down the stoke hole. The '4119 ~:ii
leaning off the ladder, moving about, and seemed 3.5-4 cc 4
exhansted plunging himself about. Then he was n'eou;(o
out so loud. I went into the fere cabin, came LIP
again, and found the same man on the deck., io
taken to the forecastle. He was rolled from gloat
fifteen times in a minute. They rolled him 3
,fie
minutes. I did not see him die. fbe
By Mr. Brett : I was cook on board the 13003-10 to 00
chief engineer after he spoke to Mitchell, did not be 001
hatchway. Ile went aft. Mitchell told Landor /0100 i
tie him up if he would not work. I could not 531,b,,°iStai'
men were carrying him along the deck. There
Portuguese passengers on deck at the time.
arms were tied. Vdiablyo
Charles Theodore Smith : lam an M.D. of a onbio
I took may degree in July last. I joined the Beg°;not
28th December. lam 21 years of age. I 113;",„foe
ed h„
c
surgeon of a ship before. The deceased omyla el
before I examined him on 24th January, an of 109
to be in good health, but in breathing, he did navis_foot.
his chest. On the day he died, he said the 11e've Pio()
strong, and he could not go down, that was before 'he o'°'oaal
He went down the fore stoke hole about half-Past
I went down the ladder of the after stoke-hole, - Veit
through between the boilers to the fore stoke-hol,le'D't tided
then lying as if supported by somebody, but I j bsa, of
who. I ascertained that he was insensible. we beo
carried up. I think he was gasping for breath,: 00,0
him below. He was carried to the forecastle. f. be it
quite insensible. I pinched his skin, htl'' as)10
'appear to feel it. I lifted up his armors.
drooped at once. His breathing was sterter°loo
pulse was rather feeble, and at the rate of about
a minute. I applied cold water to the head. I 113 raletil#
about five minutes, and went away fot about tenkis poe
When I came back I found him rather bettefuller. uoit'
was quite as quick, but rather stronger or pot
breathing was not quite so slow, and teO
more contracted. He was still insensible. about .oe,
apply the stethescope. I was with him that
teed
minutes, and went away for about octiti#
When I came back he was much worse ; he:7lllsf OA
for breath; that was the first time I observed "d ths,:aeP
was feeble ; I tried the stethescope.. and ibull jO
heart continued to beat , I then ordered
for his feet ; I applied artificial respiration hybe' fore foi
on his side and placing a bundle of blankets, 0:01
and rolling him on it fifteen times a minute. be
01
about a minute after the breath had ceased. I„„ieSP,
then that the immediate cause of death was aPPeat 709
that the heat of the stoke hole and the excite 00:04
to bring on appoplexy. I was speaking of th be fer.rtieo
furnace. I was down in the stoke-hole, but t
doors were not open when I was there. I an't op P°.' 4
05
that 'the confinement tended to bring °11,,, ore
I consider it was the principle cause. I sa- in lite 4
sun-stroke on board that day. Being confinehoieg be
hot room, on a hot day, I could not answer as otior br,
to bring on sun-stroke. I think it is noerder
.I'. of
exposed to the direct rays of the sun in °ll cs'o9
affected with sun-stroke ; I have often see kiedsoc
appoplexy, and I am aware that there are two, tills; eti
that kills immediately and a lingering kind, "`..stroltlO'
was affected by the rapid kind. The ease of 'O4EII
board that day, was the first I had ever seen; one leas; osu.
stroke is hardly to be distinguished from aPPInd the apd
I first went to the stoke-hole I saw a rope r°. barP'coult
To Mr. Brett : I studied four years at Ed hat thief
afterwards at other places ; lam of opinion tu seale`tiol
not be a sun-stroke, without the sun havil sora%,
to do with it. A man may die at once, or hv,he dee
after sun stroke. I saw the man but once on 0050
'd he fictili
had examined him the day previous, because he was s
be
leave the ship, to get rid of his work. I said ~„ yea-.
remained on, in the ship. He was a short, thie hy
in good health, but I do not know if that waskt:t,
man. I would think that a stoker's work r'y'ed at ;the
worse effect on a man that had not been enlP,l°Ythe 01,10 of
work, than a man who had bees. used to it. -5-1 ~..aitr
was 6 the chief engineer called me to see the man, I
health as
dinner, and the man was in the same he".,`„atoV: iF
before, to all appearance. The plan Pb es best. ft os ,
artificial respiration is supposed to be the
ara
very warm and very little wind, but a slig.h_tin ; I.t_too_
poop of the vessel. I saw all the furnaces hai';ol:e.holettot P
al w°' Sv"
it was on deck. It was neither a great de .11 the but lam not rite sure. It was warmer in the s finer ,nte't
very little. I thought that it was not so hot t_ri, Ps 40
hole as it had been on deck, in the , he A th.t:
the day. Henry Wild was then called, allot,' joittv"rD
the captain of the steamer Bogota, and Lallo%ll werne.„rp
and second engineers. They left Rio on the hoar?
ship at Valparasio, and Buchanan and
no
which was a very hot day, There was hfltci±:,th jvt
to