Northern Times.
Liverpool, Merseyside, England, 1857-07-06 00:00:00

SPIRIT OF THE WEEKLY PRESS.

The Leader commences an article, entitled " The
Dead-house," in the following terms :—" A band
of Irish members once brayed and hooted during
the speech of a noble lord. They then began to
laugh, and the noble lord observed, ' I rejoice to
hear you laugh, for it shows that you have one
human faculty.' The new House of Commons has
at least one parliamentary faculty. It votes. But
on a political question it has nothing to say. There
are debates on parishes and monopolies, on six-
inch surveys and the removals of Irish paupers ;
but parliament is not supposed to meddle with
politics. The debate on the Ballot was an exem
plification of the insanity that has seized upon the
body of liberal members. They vote when they
must, but they are as dumb as French deputies."
The John Bull, commenting upon Lord Robert
Grosvenor's intended motion relative to the
Liturgy, insists that the House of Commons is not
a body competent to give an opinion on the sub-
ject. " The House of Commons includes among
its members many who are not only not members
of the Church of England, but who belong to com-
munities separated from her, and hostile to her.
It is an indecency, therefore, and an attempt at
tyranny, to propose that a body so constituted
should intermeddle with the form in which church-
men are to frame and conduct their worship. It
would be an indecency and an act of oppression at
all times ; but it would be a gross indecency—an
act of intolerable tyranny—so to intermeddle at
the present moment,when the House of Commons
has just passed a bill enabling the Jew, or any
other person whose religious opinions will not per-
mit him to affirm anything upon the true faith so,
a Christian, to take his seat in the House of
Commons."

The Economist is of opinion that the ballot could
never take root in England. On the very first
great contest after it had been introduced, there
would he large parties at every poll proclaiming to
the world the opinions they intended to support,
and the infection of any real public enthusiasm
would draw out a similar confession from almost
all the electors, thus placing in a most.uncom-
fortable and unpopular position those who CheSe
to reserve their opinions on the great question of
the day, if not forcing them into either publicity or
mendacity. And this would be so, simply because
it ought to be so. The ballot is an attempt to
resolve public opinion into its isolated atoms,
whereas public opinion does not and cannot
consist of isolated atoms, each individual ele-
ment being naturally and nominally affected
by the neighbourhood in which it is
placed. Politics would cease to be politics if
men would cease so think in masses and groups •
and if they do not cease to think in masses an+
groups, it will always be an unnatural affectation
to keep action secret and private, while thought is
open and public. The natural limit and end of
ballot-politics is in the suppression of all the social
manifestation of political conviction ; and a more
dreary cud we cannot imagine."
" According to all philosophers," says the Sun-
day Times, " a man's right is inherent in him ; that
is, something which he possessds, 'because he is
a man. But Lord John Russell denies this, and
maintains, in opposition to philosophy, as well as to
common sense, that when a man exercises the
rights of citizenship, it is not because they are his,
but because they are not his. Jones and Jenkins
have a right to know how Tomkins votes. Why ?
Because Jones and Jenkins have no votes them-
selves, and Tomkins votes for all three. In this way,
we suppose, Lord John is thoroughly persuaded
that every man in this country is represented in
Parliament. But what it Tomkins's opinions differ
essentially from those of Jones and Jenkins ?
Whose opinions must he follow? Is he to consult
their consciences or his own_ conscience? Let us

imagine voting to possess the quality of a moral
action. If a man votes in conformity with his own
convictions, he does well, but if against those con-
victions, he does obviously the reverse. If Lord
John accepts the Christian religion, he must be-
lieve in human responsibility, and that Tomkius is
answerable for what he does. He is not to do
what, in his secret soul, he believes to be wrong,
because Jones and Jon"s and Jenkins tell him it is
right. In the first place, he does not know that
they think what they say; and, secondly, even if
he were sure that such was the case, he would not
be a bit nearer the mark, since men are not to be

judged by the report of other people's consciences
but by their own.'
" Fresh exhibitions of the weakness of our strong
government," says the Press, " are daily given in
parliament. How the Jew Bill will fare in the
Lords is a question of the liveliest speculation ;
and whether every cabinet minister will fulfil his
mission, and vote in its favour, is a point fin:
delicate discrimination. It is worthy of note that,
tho Ugh moved by Lord Palmerston as the great
government measure, both Lord Castleross and
Mr. Mons-ell absented themselves on the di-vision.
This laxity of Treasury discipline is t singular
feature in Lord Palmerston's Admi-uistration.
What Gargantua said to the monks of Theleme,
Jia que vous voudras—` Do what thou wilC—
appears to be Lord Palmerston'a -motto. Upon
the ballot division this week we find some mem-
bers of the government voting in the minority,
some in the majority, and some staying away ;
while upon the Medical Profession Bill the govern-
ment sustained an undeniable defeat, and this not
upon a point of opinion in which a government may
be defeated without weakness, but upon a. matter
of administrative fact, when the su'eporters of the
government are supposed to -;tet together. Mr.
Cowper,Apouthe part of the. r...,
,vernment, entreated
the house to reject Mr. 13" -
Lore E.lcho's i iio• -Aeadlam's bill, and accept
-
_c.t the gratifying effect was that
the laouao °,
Nir I,i, ,routed Lord Elcho's bill, and endorsed
''':- _oadlam's by a majority of 225 to 78."
I
' Ale Roman Catholic Peers are now upon their
, I trial. We (Weekly Despatch) warn them not to

I trifle with the good faith and generous confidence
' of the liberal party. Reformers have set their
hearts emancipation.reroaa t
ive s
ofT thehe electorscitizens
of L
vindicated. The House of Commons, triumphant
in argument, in the authority of the leading
Statesmen of all parties, in increasing and now in
ondon are determined to see their own chosen
upon
righted,and
the p
member
an overwhelming majority, in twenty years' perse-
vering discussion, in the support of the servants
of the Crown, is determined not to submit to
lordly pertinacity in wrong. The public and Par-
liament are persuaded that the Jews never have
had, awl never will have, so good an opportunity
of carrying the removal of Jewish disabilities as at
this juncture. If the Catholic Peers fail them at
such a time, if they do not reverse the policy
adopted by their sect in the Commons, the chief
weight of the national indignation will fall upon
them; their Protestant friends will conclude, that in
supporting their cause, they are giving increased
power to the enemies of liberty ; they will drive.
the neutral to the side of Spooner, and confirm
the wavering in reeking common cause with Pro-
testant bigotry. The will compel enlightened and
liberal Nonconformists to adopt the conviction that
it is dangerous to help them, and that henceforth
they must drop there out of the muster-roll of their
sympathies.

Tlie Saturday Review is reminded by the late
discussion in the House °I Lords concerning Lord
Plunket and the Examiner. of a circumstance in
connection' with his lordship which was• not
brought before the House of Lords. "In
the Saturday, Review far January 5, and January
19, 1856, we proved that Baron Plunket, Lord
Bishop of Tall/11, had performed a feat un-
paralled in the literary and episcopal world—that
his lordship had actually delivered, and printed.,
with his own name as the author, a charge to his.
clergy, every word cf which was stolen, without the
slightest aeknowlecipment, from a charge delivered
some years before by the present Archbishop of
Canterbury, then Bishop of Chester. This act we
ventured to stigmatise-a& a fraud of the very worst
kind ; and the only excuse offered for this. scan-
dalous transaction was that ventured upon by his
friend Mr. Dallas—that the charge had been got
up for his lordship by one of his clergy, and' that
the bishop had been imposed upon by his hack.
Of course not one word was urged to
vindicate the act of publica.tion, and to
justify the Bishop in putting. his name,- as
author, to pages of which he knew that he
had never written one single syllable. Theexposure
attracted attention. It was the subject of a clever
Latin epigram, which we took the liberty of pub-
lishing—the newspapers quoted the incident, and -
Punch manuractured jokes upon it. We should
certainly never have thought of reviving • this
scandaious story, but that Lord Plunket's injudi-
cious friends have led us to serious reflections on
their notion of ' a hardworking bishop, diligently
attending to the duties of his see, beloved by his
clergy, and one of the most meritorious bishops
who ever sat in the House of Lords' It seems that
a hardworking bishop is one who steals another.
man's thoughts and labours, and publishes them
as his own. The model prelate who attends dili-•
gently to the duties of his see is one who, in the
discharge of his highest functions, accepts a ready

made b ancio ad Ceram, and delivers it as the
solemn result of his own labours and convictions.'

The Spectator observes that besides the reinforce-
ment of our troops, there are three courses of
action, not alternative but concurrent, which are
essential to the strength of our power in India:—
" The most obvious of the three is a rapid prosecu-
tion of material improvements, which will be not
only advantageous to the natives but would assist
our own operations. The railways which would
benefit the trade of India will he the path of our
troops; and an increasing trade would give us, in
increased revenue, the means for increasing our
staff both civil and military, or even for better
paying our native assistants. The second course
must be to bestow great pains in cor-
recting the negligent life of British officers
in native regiments. Hitherto they seem.
to have thought their duties in cantonment
limited to ' drill ;' not heeding to cultivate inti-
mate relations with their men, so as to know the
habitual thoughts, feelings, and objects of the men,
whether as soldiers or as aliens. The civil
officials have been guilty of a similar neglect with
regard to the civilian population. The right course
would be to reverse all this ; not to interfere more,
but to know more, and to act more in accorclaneo
with intelligent observation.., It has long been,
shown that the practice of enlisting any large
portion of the army:AVM Bengal, -from high caste,
was likely to lead to disaster; and the government
had been urged to accompany a gradual education
of the force thus enlisted by an enlistment of
sturdy low caste soldiers ;' yet down to the
eleventh hour the condemned practice was de
fended. There have been reports that it would.
be extended into Bombay. We presume that the
late events have dissipated such ideas. The
facts have shown that the religious distinctions of
the natives have been treated exactly in the wrong
way; they have been considered where they ought
to have been disregarded ; and we have created.,
sectarian troops, as if for the very purpose of sub
jelting the Brahmin to indignities inseparable,
from a military system. The third course would
consist in a much greater attention to the work of
cultivating the good-will of the natives where they
attach themselves to British institutions. They
have already shown the disposition; but we remem
her few cases where they have been adequately-
met or rewarded."

The Pert► arrived at Southampton yesterday afternoort
with the usual mails. She brings no news of interest.
CATTLE DYING IN LOWER CANADA.—The Qtts&e
Mercury says that an alarming disease prevails among the
cattle in the parishes of La Beauce, on the south side of
the St. Lawrence. :Upwards of 1,500 animals, chiefly cows,
have died.

OXFORD, WORCE3TELL, AND WOLVNRIIAMPTON
WAY.—The receipts of this Company, including the
Stourbridge Extersion Canal, for the fortuigbt ending,
21st of June, have been 18 489 10s. 7t14, and tho expendi-
ture, also including that of the Stourbridge Extension
Canal, £3,950 ss. Id., being at the rate of 46.63 per cent,
or with the amount already ascertained to 7th of June, &
total receipt from January 1 to Jane 21. of £977,948 10s.
lid., and a total expenditure of £47,533.153. 10d., or at
the rate of 48.52 per cent.
BACON'S CASE.—It is expected that this iadietmeat for
murder will be tried at the ensuing Lincoln assize', which
are Sxed for the 18th of July; bat, probably, should the
grand iary find a true bill against the male prisoner for
the murder of his mother, an application, under Palmer's
act, may then be made by the prisoner's counsel to have
the case removed for t,ial at the Cen'rilCriminal Court, its
London. We understand that M-. Mellor, Q. C , and Mr.
Brewer (both of the Midland circuit), have been retained
by the treasury for the era wn.—Lincoln Mercury.
MIK IYntao. MARKET.—The writer of the 7intes city
article says it seems possible that the revolt in India may
have • some temporally effect on our indigo supplies. A.
private letter from Agra, of the 22nd May, after stating
that the ports were being armed and provisioned, and that
there was a prospect of the British residents being shut up
and beseiged if the outbreak should peoome general, adds,
the indigo factories in this district, and indeed throughout
the Doab, ate at a standstill. Contracts and business of
every kind are suspended, and Europeans are flocking in:
rom all quarters for refuge.
The remains of M. Graves, late Director-general of the
Department nf Woods and Forests in France, who died
two or three sleeks ago, have been removed to Beauvais
for interment. He was not only a diligent and faithful
administrator, but one of the first naturalists of the day,
endowed the town of Beauvais with a v Juable museum.
'and was the author of some works of great research and
authority upon subjects of botany, geology an.l conchology.
In other respects ha was a man of great accomplis'iments, and
ptssessed the skill of a painter and a musician. These pur-
suits did not distract his attention from official business, and
his memory was so retentive that he is said to have been able
to recollect the dates of all important laws, ministerial
circulars, or administrative regulations concerning his
department, without the slightest hesitation or inaccuracy-
From 1817 to 1843 be performed the onerous duties of
secretary-general of the department of the Oise. When
called upon to pay an official visit to the districts under
his oare, be sometimes, says a writer in the Irtdependanct
B put on a blouse, and thus, attired as a pea-
saenlgt
e.
,w7aud would travel through the country incognito, in order
to make himself personally familliar with all classes of the
population. The integrity and benevolence of his charaCtfc
secUtss him general esteem,

COURT OF QUEEN'S BENCH.--SATlntpAy.

IMPORTANT SHIPPING CASE.

BEFORE LORD CAMPBELL AND A SPECIAL JURY.

(FROM OUR OWN CORRESPONDENT.)

JOHNSTON MERRY versus JOHN JARDIN. E AND OTHERS, Or

LIVERPOOL.

This important case came on for trial this morning, at
Guildhall. Sir Frederick Thesiger, Messrs. Boville,
Lush, Q.C., and Turner, appeared as counsel for the
plaintiff, and Mr. Hill, Q.C., and Mr. Blackburn for the
defendants.
Sir Frederick Thesiger opened the case at some length,
but the facts were these :—Mr. Berry was a printer,
carrying on a large trade in Dublin, and in May 1855, he
resolved to go out to America, to establish printing offices
in Canada. He forwarded a large quantity of type. print:
presses, machinery, and other materials conn-cted with his
business, to L;verpool, where they were shipped on board
a vessel called the Lochrnaben Castle, the property of the
defendants. Tee goods were shipped by a friend of the
plaintiffs, who paid the defendants the freight. The pro-
perty was not insured, and the plaintiff alleged that the
value was £6,000. be vessel sailed from Liverpool early
in May for giebec, and on the 4th June, 1835, she ran on
the Bird Ricks, in the Gulf of St. Lawrence, and remained
there for sometime, but subsequently became a wreck.
The cargo of course was lost, and the Board of Trade
ordered an inquiry into the lose of the ship, which
inquiry took place at Liverpool, before Mr. Mans-
field and Captain Schomberg, in October 180, and
these gentlemen found that the shin was lost by
ignorance and neglect of the captain. About the 10th of
July 1855, the ship and cargo were sold for £66, al; hough
it was alleged by witnesses, who were examined by cem-
mission in America, that the cargo could have been saved,
and that in point of fact, some of the plaintiff's property
was atterwaris taken from the ship by the purchaser an I
sold in the United States. It was contended that the
defendants were thus liable under all the circumstances of
the case. One of the ingredients in the case was in
-regard to the lead line, as it was alleged that one of the
causes of the loss of the vessel, was the non-use of the
lead line. This is a gen,ral outline of the case, as opened
by the learned counsel. Mr. Redmond of Liverpool,
proved the shipping of the goods and the payment of the
freight to Mr. Jardine, jun. Oa cross-examination he
denied that Messrs. .Jardine had stated to him that
Trelfall and Co., were the charterers of the ship, but ad-
mitted that he was at first referred to that firm as the
persons who had the management of the cargo. The freight
was paid to Mr. ;ardine jun., by the witness.
The evidence tak oa by commission in Canada, was then
read; it was very voluminous, and related to the loss
of the ship on the Bird Rocks. In this respect only it was
interesting, and had reference to the details connected
with the unfortunate loss of the fine ship. The point
about the lead line, showed that it was not need from the
time she left Saint Peter's (at least) until she struck.
Some of the witnesses sated that the cargo might have
been saved. One of the delositims stated that the
deponent heard the captain (Turner) say that he did not
care a d— for the ship and cargo provided he saved the
passengers. There were over 500 on board, and it
appeared that the captain showed the greatest solicitude to
save them, and was successful, and Lord Campbell said, so
far as that portion of the captain's conduct was concerned,
he deserved much credit. During the reading of the
evidence, taken by commission, a question arose as to the
reading some additional cross-interrogatories put to the
plaintiffs' witness iii Canada, whether the plaineffd cov:sel
bad a right to the benefit of having such read ? and his
lordship ruled, that all the evidence taken by commission
could be read. Evidence taken by commission, from
captains, in regard to the gulf of Saint Lawrence and its
navigation, &c., and the course taken from Saint Paul's,
up the gulf was then read, after which Mr. John Graham,
the master of a vessel 19 years in the Canada trade, who said
he knew the Bid it eke and the Gulf of St. Lawrence.
Knows these charts. Saw this one, but did not use it. This
(another) is one of the charts I sail by. I know St
Paul's and the Magdalen Islands. I know the channel
and banks between St. Paul's and the Bird Becks. It is
generally called the Magdalen Banks. There are vast num-
bers of birds on the rocks, and these can be seen far off.
There is a deep channel, bat I never got any soundines in
that quarter. Lord Campbell : Have you cast the line
there ? I have, my lord, with 120 fathoms, but got no
sounding. There is rod soundings on the banks. From
the Bird Rocks to Saint Pau;'s is 55 to 56 miles.
In clear weather can sight the Bird Rocks, fifteen miles
off. Fogs are frequent there, and in the neighbourhood
of the Bird Rocks there are currents. By sounding I
could know if I were in the deep channel or on the bank.
In foggy weather, it' I did not know my position I would
not run on. If I were on the bank I would haul off into
the deep water. I would knew by soundings that I was
on the bank. If I did not know my position, it would not
be safe to go on in foggy weather, without soundings. In
foggy wea her, all I could depend on would be soundings.
I would think it prudent to slacken sail. It would be
prudent to heave to, to ascertain the position. It would
be prudent to give eight or ten miles to the Bird Rocks in
foggy weather. In reply to Mr. Hill, the witness said, if
he knew where he was he would not sound. He was
cross-examined in reference to the charts The examina-
tion was of a scientific character as regarded the sailing of
a ship in the golf, and he said he would keep the lead
going. He was examined at some length on the chart,
which he explained by instruments, Sec. In the course of
the cross-examination of this witness, Lord Campbell
exhibited a degree of nautical knowledge that surprised
all who heard him. Sie F. Thesiger then offered so put
in Bethel's Sailing Directions to Captains, and the
witness, in reply to Lord Campbell, said the book was
generally read by captains, and was the most approved
book on the subject. Tho witness was cross-txamined on
that point, and said he knew the book far about ten years.
A portion of the work relatiug to the navigation of the
St. Lawrence was then read, and at page 5, it was stated that
the lead line should be kept continually going. Portions
of pages 20, 21,44, and 45 were then read,and Capt. Burnett,
belonging to the Marine Board, was called. lie said he made
several voyages in the Gulf, and knew the Bird reeks; he
explained the soundings and the currents in the gulf, and
about the rocks. His evidence went fully to corroborate
that of the preceding witness. On cross-examination, he
said he would make allowance for the variation of the
compass, marked on the chart. He never made land
without sounding.
Captain Thomas Allen, of Liverpool, examined : I have
been nearly 37 years at sea, and know the Gulf of tit.
Lawrence. When I was master I always used the lead,
and it wou'd not he safe or prudent in foggy weather not
to use the lead. His evidence was nearly the same as that
already given.

Catain Ainley, of the Sailor's Home, Lirerpoo7, was
examined, but his evidence was not mitetial.
Captain said he made twenty voyages in the
Gulf of St. Lawrence, and said he always used the lead
Caere in foggy weather, ani soundings should be taken on
the bank, and if he found he was there, he would haul off
into the deep channel to the north. He would not go on
at seven or eight knots in that place without soundings
On cross-examination he said he would run twenty-four
hours without the cast of the lead, if he knew well his posi-
tion and course.

Mr. Joseph Fkeman, a captain in the merchant service
for twenty-give years, was examined, and stated that he was
up the gulf in foggy weather. His evilence was nearly
the same.

Captain Swinton slid he made twenty-five voyages in
the Gilt, in all weathers. In fu,g4y weather it
was safe and right to we the lead, where
soundings could be had. He had gone up the Gulf
without taking soundings.

Some other depositions taken in America were then
read. This related to the loss of the ship, and how the
cargo could have bean saved, &c. This closed the case on
the part of the plaintiff.
Mr. Hill, Q a, then opened the case for the defendants,
and said that the defendants had not made any centract
with the Plaintiff, as Messrs. Trelfall, of Liverpool, had
the ship chartered from the owners. He went through
the. case, arguing that the loss of the ship was purely
accidentally, and that the captain had not neeleet.ed his
duty, and was not negligent. He called Mr. Jell nJardine,
jun. He proved that the vessel was chartered to Tulfall
and Co., on the 17th April, 1855. (The document was
put in and read.) The latter were to pay £373 for the
charter. He said the charterer put up the ahip as a
general ship. He said be referred Mr. Redmond to the
charterers to melee the arrangement; for the freight of the
plaintiff's goods. Two detectives called at his office,
saying they had a warrant, backed by Mr. Mansfield, to
arrest Mr. Berry, and he requested Mr. Redmond to leave
the bills of lading for a couple of date. He called again,
paid the freight, and got the bills of lading.
On cross-examination by Sir F. Thesiger, the witness
would not swear that he told Mr. Redmond that Trefolis
were the charterers of the ship, but to the best of his memory,
he did so. He did not know where the log-book of the
lost eip was.

After some discussion his Lordship said he would, under
the circumstances, hold the owners liatla for the prevent.
Counsel then read depositions taken in America on
behalf of the defendants, and then Captain Turner was
called. He said he was at the sea thirty five years, and
was fourteen years a master. Was twenty-one voyages in
the St. Lawrence, and is six or seven years in the employ-
ment of the defendants. Was sent out in 1854 for the ship

to Richebnctoo, where she was built. Brought her home,
and she was classed at Lloyd's. She was 1,360 tons register,
and had a great deal of iron fastenings—iron stauncheons
front-stem to stern. She had two compasses in the usual
places. .She had a general cargo, and a great deal of iron.
That was in the lower hold. The type and presses, tee.,
were stowed in the lower hold, and had soap and salt, and
other things, about them. Sailed on the 9th May. The
compasses were corrected before sailing. There were about
568 passengers.
Lord Campbell : On whose account ? I think the account
of the owners ; but I can't say. My wife and daughter
were with me. Made soundings at Saint Peter's
Bank on the 2nd June. On the day following
I shaped my course for Cape Ray. Sighted land
on the 3rd June. It might be thirty miles off N.W.
half W. Followed that to seven in the evening, when I
saw Cape Ray about 15 miles off N., a quarter or half
west. Steered N.N.W. to eight o'clock. That brought me
nearer Cape Ray Within nine miles of it. Shaped my
course NW.byN. to the middle of Anticusta. Had a
of py orDeanfield's chart, published in 1853. The chart
is in common we. The first and second mate assisted me
to shape my course. I did not sound. (Described his
position). Shaped the course fair for the gulf, at least 25
miles N.E. of the Bird Hocks, by the course laid down on
the chart ; laid off the course with the rule, &c. Always
steered that course. Was not at all in sieht of land. The
wind was south, and wore to the west. Was on deck from
eight to twelve. Ahle seaman were at the wheel, and the
coulee was kept well. Went below at twelve, and left the
mate in my place. Came up at half-east three, and the
weather was hazy, wind S.W. I think, on an average,
she-was going seven knots, under all pl sail. Shortened
sail at four. It was a dense fig and squall. Put on sail
again at seven, and calculated I was 25 miles N.E. of the
Bird Rooks; if anything to the west of them s;x
About twenty minutes p-ist eight heard the mate sing out,
" hard up," and in a minute she was on the rock. Squared
the sails to hick her. Called to the mate for the hand
lead line. The deep sea lead was on the deck ready for
use. Used it on the 2nd June, on Saint Peter's
Bank, in twenty -five fathoms water. I never used
the deep line in the course the ship was in.
I never in my life used the lead in the Gulf. I believe
when I got into the Gulf, I always got a good departure.
To the court : I would not use the lead when I got a good
departure. I would not know where the ship was by
soundings. Threw cargo overboard to try and get her off.
Ile then described what took place after the ship struck,
but his lordship did not consider it very material to the
issue. The witness was, however, examined at some
length respecting what happened after. He said it wan
impossible to hove got out the plaintiff's goods from the
ship. Sold the ship about a month or so after. Cross-
examined by Sir F. Thesiger : I commanded a ship
since, and lost her on the Irish coaat on the 4th of April
last. The compasses were found correct. I had a copy
of the chart, and lost it in the last ship I lost. I don't
know what to attribute the loss of the vessel. I can't say
if there are a number of currents in the Gulf of St. Law-
ranee. lamin a state to do my duty as a master of a
ship. I was examined at the inquiry in Liverpool. My
certificate was not suspended—it was taken to London, but
I cloths know how long it Wab ke ,t. I got a letter on the
6th of Nov.-tuber, 185.5, from the Board of Trade, but it is
not here. 1 have a printed copy of it. I did not see St.
Paul's on that voyage. I can't say I know a thrson named
Homan. Don't remember that I said, "D— the rock."
I thought we passed it in the night. The ship's bow was
dust on the rock the first time I saw it. It was a dense fog
from four o'clock in the morning, and was running on in
it at the rate of seven knots. ,Did not take any soundings
after the 2nd of June. That was done conveniently. Saw
Cope Ray at fifteen miles. He was then examined at
some length as to the evidence given by him at
the investigation, and also with regard to the distance from
St. Pees to Cape Ray. Did not alter the course for
eight hours, wont the vessel struck; but I can't say what
made her strike. To the Court he said it was most likely
the compass deceived him. To Sir F. Thesiger : Did
you nut sly you found the compass correct? Yes, that's
cocrect. I can't say the cause of her striking. On the
chart there is a bank, but I never sounded it in my life,
and I know nothing of it. Don't know that there is a
deep channel, twelve miles broad, beside the bank. Sow
the log with the mate. Bought some of the things myself,
and took them to Richibuctoo, and left them on Jardine's
Wharf there. To Mr. Hill : Tae vessel Host on the coast
of Ireland was bound for Tralee. I had a Tralee pilot on
board, but he had not charge of the ship. I did not expect
to be cx.mined on that loss to-day. To the Jury : I
always went the same course when going to Qacbec. I
never went with a cargo there before, as I always had
ballast. To the Court : The compasses were correct all
the voyage. Believes a thick fug attracts the compass.
The compasses were not lc correct at Cape Ray.
Peter Housten, who was the mate of the lost ship, was
examined, and his evidence was corroborative chiefly of the
first portion of Captain Turner's evidence. He said he
went on board twenty-one small vessels, but none of them
would assist the ship. In reply to Sir F. Thesiger,
he said be knew of the bank, but not of the currents
alluded to. He saw the 10-,.. boor ILW, at Ittentbuetoo,
where one of the Mr. Jardine's' live. He was further
examined as to the evidence he gave at Liverpool, and
admitted that he had said at that time he could not tell
what land he saw list before the ship struck. He did not
tell the captain about the bank, as he did not think it was
necessary. He was examined by Mr. Hill, and said the
corse was the proper one from Cope Ray.
Robert Lindaff, the second mate of the ship examined—
His evidence was nearly the 'sine as that of the last two

witnesse,. Cross-examined by Sir F. Tnesiger : He could
tell Cape Ray from Cape Blanch—at least thinks he could.
Don't know any cou!se except where the ship was.
Never wait up from St. Pau;'s. It, perhaps may be
fifty miles from Cape B'asch to Cain Ray.
Toe deposition of a Mr. Mons.y, LI yd's agent on the
Magdalen Islands, was then read ; but it related only to
what took place after the ship was lost.
Mr. W. Grosart, formerly a waster mariner, who
made 32 pass ,ges to Quebec from Liverpool and Ireland,
examined by Mr. Hill. He said Cape Ray was the proper
place S.W. to depart from. He never used or saw the
deep lead ushil going up. If he got a good departure, he
would not take soundings, as he would lose time. These
run currents ir.fienced by the winds. No doubt the hand
lead could be used near the rock,. If a master got sound-
hitrs, he would know he was on the bank, but it would not
tell him his position on the bank. There might be two or
three real ins for the shio going on the rocks on the cur-
rents, another the attraction from an alteration in the
course. I don't know any other cause except bad stirring.
In his judgment soundings were not necessary. Would
it he p-udent ? I think not. It would be imprudent
then ? It would be a waste of time.

Court : No matter what the state of the weather at Cape
Ray was ? Yea, my lord. Captain Sinnott, who made 30
voyage:: to the gulf was examined. He gave it as his
opinion that it would not be proper to use the line, as
time would be lost, and the ship would run into the danger
sought to be avoided. She would also run the risk of
being run into by ships comina down the gulf. It would
be imprudent to use the lead for the above reasons.
Cross-examined by Sir F. Thesiger : He said he found
currents running in all directions, but did not know them
to carry a ship more than a mile an hour. Soundings,
or trying for them, would indicate the course going, and
that would be the only means in a deep fog.
Captain Barton, who went to sea in 1803, and made
many voyages in the gulf from Liverpool, said he never
used the line, nor never heard of it being used by masters.
In reply to the court, he said it was attraction or " some-
thing" that drove the ship on the rocks.
Captain Hazelton gave it as his opinion that it would
be imprudent to use the lead, lest the ship would be run
into. He was cross-examined, and admitted that it was
net necessary to lie to heave the lead.
William Jewitt, optician from Liverpool, said he repairrd
the compasses of the ship and put them in proper order
before she sailed.

General Sabin proved that a magnetic survey of the
coast alluded to was made for the year 1840. 11 proved
the chart, and said the variation laid down was incorrect in
the chart that was used by Captain Turner. The variation
laid on this chart is 23 degrees—it should have been 27 in
reference to 1853 or 1855. The date is 185.3 on this chart.
Believes the compass was wrong by 61 degrees. The
witness was examined as to some scientific voyages which
he made, but it did not approximate to the questions at
issue. He thought the most probable mode of accounting
for the loss was the attraction of the iron on tho com-
passes. The deviation would be greater in the gulf than
at Liverpool, but it would not come on suddenly. To Sir
F. Thesiger : Only heard of this case about eight days
ago; did not know there was an investigatioa by the
Board of Trade.

Mr. Evans-was examined as to the variation of the
compasses, and gave nearly the same evidence as the last
witness. The examination of the two last witnesses was
to show that the vessel ran on the rocks in consequence
of the direction on the chart used by Captain Turner.
The last witness said, in reply to Sir F. Thesiger, that, in
the navy, the deep line Wa3 indispensable; and, if a ship
were lost from not using it, it would be fatal to the com-
mander. It was a law to use it, and a very proper law it
was. A prudent mariner always considered himself in
danger, and it would be most prudent to use the line.
Mr. Rundell, from Liverpool, was examined on the
same point of deviation of the compasses, as the last wit-
nesses. He described the deviation of compasses in the
Mersey, and where the vessel was lost, and mentioned
that the subject was spoken of some four years ago, at
the British Association in Liverpool. In reply to Sir F.
Thesiger, the witness said, if iron was in a ship covered
with salt and soap, &c., it would not alter the attraction.
Mr. Hill, Q.C., then addressed the jury on the point,
whether the ship was lost by the accident of the seas, or
by neglect of Captain Turner. He contended that, from
the evidence, the jury must say the ship was lost by acci-
dent. He went over the evidence, and was proceeding,
when he was interrupted by the jury, who saki they were