The Sun.
London, England, 1862-09-27 00:00:00

THE SUN*, LONDON, SAT URDAY EVENI IN OG' SEPTEMBER 27, 1862.

THE ALLEGED CASE OF SHIP-BURNING.

George Ruston, charged with having,along with another
or other persons, conspired to cause the ship Roscoe to be
destroyed by being burnt while on a voyage to Smyrna,
when within 18 miles of that port and four miles from land,
was again brought before tho magistrates at Liverpool on
the question of bail.
Mr. Macculloch (instructed by Messrs.Lowndes,Bateson,
and Co.) appeared for the prosecution, in opposition to the
bail ; and Mr. Leighton (instructed by Messrs. Forshaw
and Goodman) appeared for the prisoner, in support of it.
Mr. Alderman Holme said, before going into the general
question, since the previous hearing he had come to know
circumstances in connection with Mr. Berwick which if
they had been known to him at the time would have in-
duced him to refuse that person as bail, The fact was inci-
dentally mentioned on that occasion that Mr. Berwick had
been connected with the prisoner in such a manner as had
been what was called unfortunate. He had now, however,
become acquainted with matters which would induce him,
on his own responsibility, to refuse Mr. Berwick as surety.
Mr. Deighton said such a course of proceeding was un-
precedented in his experience. Mr. Berwick had, in the
first instance, been accepted by the Bench, and now, with-
out any reason being given, the Bench had determined to
reject him. He (Mr. Deighton) must confess such a course
was very unusual. In the case, which had been fully heard,
Mr. Justice Mellor had ordered that the prisoner should be
liberated on bail, the amount of which had been fixed,
This Court, he must assume, had only to deal with the
question of whether the parties offered for bail were pos-
sessed of sufficient property to answer the demands made
on them in terms of the judge's order. That question he
must assume had been fully dealt with in this court on the
previous occasion, but now, without cause assigned, the
Bench thought proper to change its mind and to reject that
person, who had been previously deemed eligible.
Mr. Alderman Holme said he was perfectly prepared to
state the reasons which induced him to refuse Mr. Berwick
as bail in the present case, if it were necessary to do so. Ho
believed, however, that it would be the wiser as well as the
kinder course to refrain from doing so.
Mr. Deighton said, of course, after such an intimation on
the part of the bench, it was unnecessary to proceed further
in the case, and the mode of procedure now would be to
apply for a mandamus, in order to have Mr. Berwick ad-
mitted as one of the bail.

Mr. Alderman Holme said if a mandamus were applied
for, he should at once answer it by stating his reasons for
refusing Mr. Berwick, and he had no doubt those reasons
would be sufficient to satisfy all the 12 judges as to the
propriety of what he did. His only object in acting in the
manner he now did was a desire to carry out the wishes and
instructions of Mr. Justice Mellor, and to take care that
before the prisoner was liberated there should be good and
sufficient bail, not merely for the purpose of paying in case
of forfeiture, but bail of a bona fide character for the forth-
coming of the prisoners. He must also now state that he
did not think the Court had been perfectly fairly dealt with
in the representations which had been made as to the con-
nection which existed between Mr. Berwick and the pri-
soner. It was true that it had been incidentally stated that
the prisoner and Mr. Berwick had been connected in some
business transactions which had preyed unfortunate; but
from what he had since learnt he had reason to doubt whe-
ther Mr. Berwick had an interest in bringing forward the
prisoner to meet the pending trial. At all events he (Mr.
Alderman Holme) had made up his mind, in what he be-
lieved to be the furtherance of public justice, to reject Mr.
Berwick as one of the proffered bail, and to do so entirely
on his own responsibility. He might suggest, however,
that whatever evidence was to be offered with respect to the
other bail might be proceeded with.
Mr. Macculloch said, in answer to the remarks of Mr.
Alderman Holme, that the same reasons which obviously
deterred him (the magistrate) from stating the grounds of
objection fo Mr. Berwick, had also operated in inducing
the parties for the prosecution to abstain from making more
pointed reference to them on a former occasion.
Mr. Deighton objected to going on in that way, because
from present appearances parties who might be considered
eligible to-day might be refused to-morrow.
It was here intimated that one of the proposed bail refused
to come forward, Mr. Carter being understood to be the
person who withdrew.
The proceedings then terminated, and the prisoner was
removed in custody.

worth in Hull 58s, to 605., and other marks in proportion.
English, Dutch, Friesland, &c.,have been sold at an advance
of several pounds per ton over last month's prices. All sorts
of tows have been much sought for, and are higher, and the
tendency is still upwards. Low tows and cedillas have
participated in the rise. Green hemps are dearer. The only
exception to this great advance is jute, which has receded
from the highest quotations about £lO per ton, the former
advance having been mainly owing to the probability of
its being extensively substituted for cotton—an idea which
is now almost abandoned. Yarns of all sorts h,ave ad-
vanced largely, from ls. to is. 6d. per bundle, and at present
prices the spinners have no difficulty in obtaining orders.
They are all busy and full of orders. The makers of best
iron are tolerably well employed, though not so well sup-
plied with orders as some months since. Merchants' iron
is dull, but not more so than at the date of last report. The
machine trade remains without much alteration. The en-
gineer tool makers are fairly employed, and it is believed
that the International Exhibition has brought some orders
for these articles. The makers of locomotive and railway
plant are busy. For cut nails there has been a greatly im-
proved demand, and the makers are generally working over-
time. There has been a steady trade in leather, with a
alight advance in the prices of shaved hides, East India
kips and calf skins. In other descriptionsof leather, prices
are firm, without alteration. Rape oil is in good demand,
and prices are well supported. The seed season is nearly
over, and prices are higher than last month. Linseed oil
is much wanted, and the rates asked last month have been
fully realised, and the market is very firm. Cakes move
off but slowly. There is a brisk inquiry for olive oil, at
higher prices, both here and abroad. The advance has been
caused by the uniformly unfavourable accounts" from the
producing countries. The improvement last reported in
the paper trade has continued, and the makers are all work-
ing full time to order. The scarcity of raw materials for
paper still remains the great difficulty in this trade. The
supply of wheat has been good, and has gone off freely at a
considerable reduction in price, resulting from the fine har-
vest weather which has generally prevailed. Barley has
been dull. Oats in good demand at firm rates. Beans as
before. This month the demand for cattle has exceeded
the supply. For better sorts prices have been higher, and
continue very firm. For inferior qualities prices have given
way to a slight extent. Number shown (four weeks),—
cattle, 1,720 ; sheep and lambs, 14,600."

dealing with him hereafter—the man whom they
shot down without a call to surrender—the man
whom, badly wounded, they sent without a comfort
or necessary to lie in four bare walls—they are
likely to be more tender towards when England
has spoken with such unanimity. Then, as regards
his medical treatment, there was nothing to alter,
but it was 'very well to confirm his attendants in
their judicious let-alone system. There was, as
I understand it, very little that could be done. The
thing was in nature's hands, and there they were
wise to leave it. It was feared in England that
they might have probed and bled, and bled and
probal, and enlarged the wound, and lowered, and
depleted, and killed. They avoided all these dan-
gers, and, as I have, said before, tended him—these
Garibaldini—with the tenderness and affection of
women. But it was well that they should have been
encouraged in well-no-doing, and that moreover
they should have been stimulated to give more air,
room, and quiet.

"You will not imagine from what I have said above
that Garibaldi is now in want of the necessaries of
life, or of the comforts required for an invalid.
Friends from all parts in England and Italy have
sent, and, quite rightly, are still continuing to send,
him supplies. It is no credit to the Government
that the hero should have had to rely for linen to
dress his wounds, or for sheets to lie upon, to private
aid."