The Sun.
London, England, 1865-12-23 00:00:00

RECENT WILLS AND BEQUESTS.

(From the Illustrated London, News.)
The will of the Rev. Sir B. W. R. Boothby, Bart.,
M.A., Rector of Welwyn, Herts, was proved in
London on the 4th inst., the executors and trustees
being the Rev. F. K. Leighton, D.D., Rural Dean
and Rector of Harpsden, Oxfordshire ; C. B
Boothby, Esq., 22, Clarges-street, Piccadilly, the
brother ; and M. G. Davidson, Esq., solicitor, 18,
Spring-gardens. The personalty was sworn under
£B,OOO. The will is dated Jan. 12, 1858, and the
testator died on Sept. 22, aged 56. To Lady
Boothby, who takes a life interest in his estates, he
has bequeathed an immediate legacy of £3OO and the
wines and consumable stores. Her ladyship may
select such plate as she may require, together with
books, furniture, &c., to the value of £5OO. All other
articles and the rest of the plate, MSS., &c., he leaves
to his son succeeding to the baronetcy. He directs his
estates to be sold, and, together with his personal pro-
perty, invested for the benefit of his wife during her
life, and at her decease he leaves a moiety to his
eldest son (now in his tenth year), and the other
moiety to be divided among all his other children.
The will of Samuel R. Arnold, Esq., of Alders-
gate-street, druggist, and Brunswick-square, Brigh-
ton, was proved in London, under £25,000 per-
sonalty. The executors are Mrs. Arnold, his relict ;
Benjamin Alfred Arnold, his son ; and Chas. Edwin
Ogden, his cousin. The will is dated Aug. 1, 1865,
and the testator died on Sept. 22, at the age of 77.
To his wife he leaves the sum of £2,000 absolutely,
and a life interest in a large portion of his estates,
which at her decease devolves to his son and daugh-
ter in certainspecified portions. His freehold pre-
mises in Aldersgate-street and Half Moon-passage,
London, and his freehold at Whissendine, Rutland,
he devises to his son. His copyhold in Church-
street, Hackney, and 11 houses in Montague-place,
Islington, he leaves to his daughter, together with
a sum of £2,000. It is his desire that his cousin
and executor, Chas. Edwin Ogden, be admitted into
copartnership into his business, and he leaves him
one-fourth of the profits, bequeathing the remainder
to his said son Benjamin, whom he appoints resi-
duary legatee of both his real and personal estate.
Legacies are left to his servants, and £lOO is to be
divided among his workmen. He bequeaths to the
British and Foreign Bible Society, the London Mis-
sionary Society, and the Religious Tract Society,
each £lOO, and to the London City Mission, £5O.
The will of Mrs. E. Russell, formerly of Brance-
peth Castle and Hastings, but late of Cheltenham,
was proved in London, on the 24th ultimo, under
£lOO,OOO personalty. The will is dated July 4, 1862,
and she therein appointed her daughter, the Right
Hon. Emma Maria Viscountess Boyne, sole execu-
trix. The testatrix died on September 30, 1865.
She has bequeathed legacies to several of her
nephews and nieces to the amount of £1,800; and
annuities of £lOO each to her nieces Matilda
Tennyson and Ellen D'Eyncourt ; and to her
niece Julia D'Eyncourt, a nun at Princethorpe, a
legacy of £lOO. She has left legacies to four of her
servants. The residue of her property she leaves to
her daughter, Viscountess Boyne.
The will of the Marquis de Casana (Paul George
du Gout), of 37, Rue St. George, Paris, was proved
in Loudon, under £25,000 personalty in England.
The will of the Baroness.Stratenus (Suzette Otte-
line Constance), of the Hague, has alo just been
proved in London, her ladyship having died pos-
sessed of property in England estimated at £2,000.

Vacancies, Promotions, and Appointments
in the Civil Service.

(From the Civil Service Gazette.)

FOREIGN OFFICE.—The office of Secretary of Em-
bassy at Paris has become vacant by the death of the
Hon. Wm. G. Grey.
AUDIT OFFICE.—Mr. A. H. H. Jesse has been ap-
pointed to a clerkship.
LUNACY C 0 :MUSS lON.—Mr. Chas. Palmer Phillips,
barrister-at-law, has been appointed to be secretary
to the commission, in the room of the Hon. William
Spring Rice, resigned.
BOARD OF TRADE.—Mr. A. Payne has been ap-
pointed to a temporary clerkship.
THE ADMIRALTY.—Mr. T. Brown has been ap-
pointed to a clerkship, Somerset House.
• THE POST OFFICE.—Mr. E. P. Gallagher has been
appointed a temporary clerk in the Savings Bank,
London. Mr. G. Mudge has been appointed a tem-
porary clerk in the Savings Bank, London. Mr. C.
Hodgson has been appointed a temporary clerk in
the Savings Bank, London. Mr. Allen has been
promoted from the probationary class to the third
class of clerks, Savings Bank, London. Mr.
J. Fox, Stamper of the second class, has been pro-
moted to be a sorter in the circulation department,
London. Mr. F. Coppin has been promoted from
the second to the first class of stampers, circulation
department, London. _ _

CUSTOMS.—Mr. James J. Leary has been ap-
pointed an outdoor officer, London. Mr. Henry
Davis has been appointed an outdoor officer, Bristol.
Mr. Patrick Gaffney has been appointed an outdoor
officer, Liverpool. Mr. Enoch Margrave has been
appointed an outdoor officer, Goole. Mr. John T.
Simpson has been appointed an outdoor officer,
North Shields. Mr. David A. Thomas has been
appointed an outdoor officer, Bristol. Mr. John
Murphy has been appointed a boatman at Cork.
Mr. John Gibson has been promoted from the fifth
to the fourth class of gaugers, London. Mr. Wm.
C. Walker has been promoted from the sixth to the
fifth class of gaugers, London. Mr. Charles Hall
has been promoted from the fourth to the third class
of outdoor officers, Newcastle on Tyne.
INLAND REVENUE.—STAMP AND TAX BRANCII.—
Mr. John P. Atkins Long, assistant surveyor of
taxes, has been promoted to be a surveyor.
EXCISE BRANCH.—Mr. John Hackett, supervisor,
Dublin, sth district, Dublin collection, has been
appointed surveying general examiner, 3d class.
Mr. Hugh James Hopps, supervisor, Belfast, 2d
_district, Belfast collection, has been appointed
supervisor of Dublin, sth district, Dublin collec-
tion. Mr. George Jones, supervisor, Preston dis-
trict, Lancaster collection, has been appointed
supervisor of Chipping Norton district, Oxford col-
lection. Mr. Benjamin Westell, supervisor, Chip-
ping Norton district, Oxford' collection, has been
appointed supervisor of Preston district, Lancaster
collection. Mr. Thomas Barton, officer, Sudbury,
3d division, Colchester collection, has been ap-
pointed to be an examiner. Mr. Walter Hickor,
officer, Bromley, Ist division, Middlesex collection,
has been appointed to be an examiner. Mr. Wm.
Henry Blake, dropped first-class assistant, King-
ston collection, has been appointed officer, Clare-
morris
ride, Galway collection. Mr. Wm. Robert
Stoyle, dropped first-class assistant, Bristol collec-
tion, has been appointed officer of Richmond, Ist
ride, Ripon collection. Mr. Daniel Roberts Town-
send,
dropped first-class assistant, Campbeltown
collection, has been appointed officer of North
Walsh= Ist ride, Norwich collection. Mr. Henry
New, officer, Southwark, 3d division, London,
South, collection, has been appointed to Southwark,
sth division, London, South, collection. Mr. George
Hamilton Madden, officer, Norwich, 4th division,
Norwich collection, has been appointed to South-
wark, 3d division, London, South, collection. Mr.
Henry Spencer, officer, Norwich, 7th division,
Norwich collection, has been appointed to Nor-
wich, 4th division, Norwich collection. Mr. Wm.
Whalley, officer, Witham ride, Colchester collec-
tion, has been appointed to Norwich, 7th division,
Norwich collection.

n ovOelut
ire
opportunitysreaderswwhich
ch of ir) e
ernuhosa
ipndpg: 8 thoebf ef
69,0 g Fao dwl
following
thraeli list
t„et thehoa
sf
prepared for Christmas presents, among which will be
found scientific toys and amusements for all ages, namely:
—New pocket :magnesium lamps, with wire, 6s. 6d. ; Pris-
maatrichtuernezing-top, 4s. 6d. ; magic lanterns and 12 slides,
guaranteed,
75., 10s., 155., or 255. ; a box of novelties in
harmless fireworks, for drawing-rooms and gardens, viz.,
Japanese Pleiades, feu follet, surprise-matches, Bengal fires,
Pharaoh's serpents, magnesium wire and garden drops, for
6s. 6d. ; the novel patent bulliere, or bubble-amusement,
scientifically applied, complete, with geometric frames,
&c., Bs. 6fl. ; polyoramas, with six artistic views and
novel effects, 95., 125., or 21s. ; an open stereoscope,
with 12 excellent slides assorted, 10s. 6d. ; ditto, superior,
with reflector and 12 slides, 19s. ; artistic sets-20 scraps,
photographic gems, from album size to 6 by 8 inches, 125.;
12 charming cartes for album, scenery, celebrated paint-
ings, for ss. 6d. ; 12 album celebrities, at choice, from life,
free 12s. 2d. ; useful articles for 6s.—one pair registered
whist-markers, one stampholder, and one reading magni-
fying glass ; the leather whistmarker, 3s. Bd. ; 3 pretty ar-
ticles with scent; saucy China girl, a Pekin puzzle, and a
Sezame-purse, 6s. ; a pair of capital puzzles, with surprise,
ss. 6d. ; for 6s. 6d.—a basket of fragrant grapes, a savings'
bank, with scent and perfumery, also a surprise deviced
puzzle ; the tell-tale mirror, to see within apartments
passers-by in streets, complete, 215.; the reader's reflector,
for the bedridden in daytime, 325. ; the Dreadnought illu-
minator, for reading in bed at night without danger, 355. ;
also a variety of useful articles connected with the reflec-
tion of light, and for amusing, scientific, and domestic
purposes. These prices include packing ready for rail,
&c. Early orders are solicited to insure execution before
Christmas. N-B. Remittances in stamps, &c., to aecom-
pany order.

THIRD EDITION.

SUN OFFICE, 7 O'CLOCK.

AMERICA.

(REUTER'S TELEGRAM.)
•
ARRIVAL OF THE SCOTIA.
(Via Roche's Point.)
NEW YORK, Dec. 13 (Morning).
The following concurrent resolutions have been
introduced in Congress and referred to the Com-
mittee for Foreign Affairs.
Whereas in pursuance of the policy expressed by
Napoleon, in his letter to General Forey, dated
on the 3d of July, 1862, an attempt has been
made to establish a monarchy in Mexico, contrary
the people's wishes, and to support Maximilian in
his usurpation by European soldiers, and Maximi-
lian having practically established slavery, and vio-
lated the usages of civilised warfare, by declaring
Republicans outlaws.

Therefore, the Senate contemplates the condition
of Mexico with profound solicitude. The attempt
to establish a monarchy on the American Con-
tinent, sustained solely by European bayonets, is
opposed to the declared policy of the Federal
Government, offensive to the people, and con-
trary to the spirit of their institutions. The
President is requested to take such steps con-
cerning this grave matter , as will vindicate the
recognised policy, and protect the honour and in-
terests of the American Government.
Both Houses have requested the President to
furnish all correspondence touching the French
occupation of Mexico, Maximilian's decree order..
ing armed Republicans to be shot without trial, and
the establishment of Peonage.

Another resolution, strongly pointed against
Mexico, was introduced in the house, and laid
over.

The Senate has passed the resolution appointing
a committee to decide the claims of the Southern
members to seats, with an amendment making the
resolution concurrent, permitting debate on the
subject, and providing for the admission of one or
more State delegations without waiting for the cases
of all to be decided.

The house has consented to receive the credentials
of the Tennessee members, and has referred them to
the joint committee. Pending a decision the Ten-
nessee members have been granted the privilege of
the floor. The other Southern members :are ex-
cluded.

The House has refused to allow the introduction
of a resolution declaring the insurrection to be sup-
pressed ; thai the paramount duty was to restore
the privileges and relations of all the States as
quickly as possible, and that the President's recon-
struction policy is the best adapted to attain that
end.

The House has passed a bill to prevent the cattle
disease by the temporary prohibition of the impor-
tation of cattle.

The New York Times believes that the opposi-
tion of the Union members to the admission of the
Southern representatives is diminishing.
The Charleston correspondent of the herald as-
serts that General Grant, in the course of conversa-
tion at 'the dinner given by General Sickles, stated
that now was the favourable moment to drive Maxi-
milian from Mexico, and that such an opportunity
might not occur again.

General Grant has returned to Washington, and
reports that the negroes are in comparative idleness,
and refused to renew their contracts. He believes
that the professions of loyalty expressed by the
Southern masses are sincere.

General Logan had an interview with Mr. Seward
on Monday on the subject of Mexican affairs. The
reports concerning his acceptance of the Mexiean
mission are still contradictory.

The Mississippi Legislature have declined to pass
the constitutional amendment because of the second

clause.

Judge Jefferson of the Circuit Court of Ken-
tucky has dismissed the indictment against General
Palmer for abducting slaves, on the ground that
the requisite number of States having adopted the
.constitutional amendment previous to the indict..
ment, all criminal and penal acts of the Legislature
relating to slavery are null. General Palmer has
issued a proclamation declaring slavery to have
ceased in Kentucky.

The Fenian Senate have impeached John
O'Mahouey and deposed him from office for mal-
feasance and misappropriation of funds. They have
elected W. R. Roberts President, and issued an
address urging all Fenians to rally round the new
organisation.

O'Mahoney's supporters act independent of
the Senate, and have called Congress to
assemble in New York in January. Meet-
ings of the supporters of both parties
have been held throughout the country endorsing
the respective organisations. The Fenians are
making preparations for the reception of Stephens,
who is expected in New York. It is believed
that he will be accepted as arbiter between O'llia-
hany and the Senate.

The steamer Colorado left Franciso on the 9th
with a million dollars, of which $860,000 are for
New York.

The Teutonia and City of Boston have arrived
out.

COMMERCIAL.

NEW YORK, Dec. 13, Morning.
Money abundant. Gold, 1441. Exchange on
London, 154 ; on Paris, ss6f. Stocks very firm.
Erie, 931 ; 50.20 Bonds, 1021. Cotton heavy.
Midland Upland, 48. Flour quiet. Wheat steady.
Corn good inquiry. Provisions firm. Coffee quiet.
Sugar dull. Molasses steady. Petroleum steady.
Crude, 41i ; refined, 66 67.

NEW ORLEANS, Dec.
Middling Upland, 47 49. Sales to-day, 800.

LAW INTELLIGENCE—This Day.

nWAthNeßnOwltOeUnGtllo:
tSOOTHERN describe.
COURT
the seve-
(Continuedfrom our first edition.)
Mr. Sothe:
rity of the illness under which he had suffered pre-
vious to his arrival in Birmingham. He commenced
his engagement at the Dublin
Theatre on the 7th
of October instead of the 9th, because Mr. Harris
wrote to him to come one night earlier if he could;
but he wrote to him telling him he was unwell,
but that if possible he would, provided his health
permitted. He started for Dublin against the
doctor's advice, and on arriving in Ireland he had
to consult Dr. Macnamara, who advised him to
give up work for four or five days.
Examined by Sergeant Ballantine—He did not
give up work, but he fulfilled his engagements in
Dublin. Afterwards he proceeded to Belfast, and
after that he took a little rest. He wished to avoid
the engagement if possible, as he was desirous of
going into a speculation with him.
Sergeant Ballantine—Mr. Swanborough suffered
very much from the non-fulfilment of your engage-
ment, did he not?

Mr. Sothern—He didn't suffer as much as I did.
(Laughter.)

Sergeant Ballantine—You mean in pocket, I
suppose ?

Mr. Sothern—Quite so. Mr. Swanborough said
his expenses were £3O or £4O a night, and if there
was £4O in the house, my share would be £2O, and
I could not afford to throw that amount away for
a fortnight. (A laugh.) I have played to much
worse houses than those in Birmingham.
Mr. Andrews, secretary and manager to Mr.
Sothern, was called, and detailed the conversation
he had with Mr. Swanborough at Liverpool after
Mr. Sothern had stated his inability to fulfil his en-
gagement at Birmingham.
Dr. Archer said the first week of October Mr.
Sothern was quite unfit to follow his profession.
He forbade him going to Dublin, or acting there on
the 9th October.
Mr. Bovill having summed up his evidence, and
Mr. Sergeant Ballantine replying on the whole case,
The Lord Chief Justice summed up the evidence
on both sides, and

The jury had not returned a verdict when we
went to press.

•••••••••
The Late Fatal Collision in the Channel

THE BOARD OF TRADE INQUIRY.
Yesterday (Friday) his worship the Mayor of
Dover (Mr. W. Mummery) and Dr. Astley, a
brother magistrate, opened an inquiry at the Town-
hall, Dover, into the circumstances attending tee
fatal collision in the Channel between a steamer
named the Samphire, belonging to the London,
Chatham, and Dover Railway Company, and a bark
called the Fanny Buck. Mr. O'Dowd, solicitor to
the Board of Trade, appeared for the Board, and
Captain Harris and Captain Baker attended from
the Board of Trade as nautical assessors. Mr. Fox
appeared on behalf of Captain Bennett, of the Sam-
phire ; Messrs. Edwards and Son, on behalf of Mr.
Bowden, agent to the owners of the bark ; and Mr.
W. Knocker represented the mail service.
Mr. O'Dowd first addressed the Bench, and then
called _ _ _

William Richards, who stated that he held a cer-
tificate of service as mate. (The certificate was
then handed to the bench). He had held the certi-
ficate for about 14 years. He had been in the em-
ployment of the company for four years, and he
was the chief officer of the Samphire. He remem-
bered the night of the 13th of December. He left
the Admiralty pier on board the Samphire at 10 5
p.m., bound for Calais on that night. They
carried the mails, and had on board 78 pas-
sengers. The crew, including the captain, num-
bered 18. The weather was hazy and the wind
moderate. The Samphire was " well found " with
regard to the lights and other things. lie sa7 the
lights were in their proper position about 20 minutes
before they started. There was a white light on the
masthead, a green light at the starboard paddle, and
a red light on the port side. Ile placed a seaman
named Northbourn on the starboard side of the
bridge, and a man named Northover on the other
side. He went to see if they were keeping a look-
out about 10 minutes after leaving the pier. He
again looked at the lights and found them in their
right places. He and a second officer took thewheel
on leaving the pier. He remained at the wheel
while the second officer went to see after the lug-
gage. The second officer subsequently relieved
him. He, as he before stated, went to see if North-
bourn was keeping a good look-out. He then went
down to his log-book with the mail master. He
generally checked the log-book soon after leaving
the pier. As he was going down he heard North-
over call out, " A sail on the port bow." He then
heard the captain call, " Port, port ; hard-a-port,
ease her, stop her, turn her astern." He imme-
diately ran on deck, and saw the bowsprit of the
bark nearly over his head. He saw no lights, nor
heard any one call out on board the bark. He then
ran aft and found the ,a heel hard-a-port. He re-
ceived orders to get the lifeboat ready, and proceed
for assistance. The bark. remained in contact with
the'Samphire about two minutes. The bark had
not her lights in the proper position, or witness
would have seen them. He could not see the port
side on the starboard side, where the lights ought
to have been. After the vessels parted he did not
see the bark again until she arrived in Dover har-
bour. On the bark coming into the harbour he saw
her name painted on her, the Fanny Buck, of the
United States. The Samphire was moving at the
ordinary speed of 10 or 12 knots au hour. He
believed the engineer kept a log ho,?k. The
only canvas he noticed the Fanny Buck us.sng was
her topsail. He did not see any one on boa:d the
bark before she cleared away. He took with hin22. in
the lifeboat four of the crew and three passengers.
He made for Dover. The three passengers rushed
into the boat. It was an hourand a half before they
reached the pier. He asked the captain of the Bel-
gian boat for assistance. The Belgian boat was
named the Belgique, and had just come in. The
Belgique went to the assistance of the Samphire, and
found all herfore compartments ut2der. water. There
were three passengersin the fore cabin--two women
and one man. He learned that afterwards. The pas-
sengers were taken on board the Belgique, and sub-
sequently the Samphire was towed into Dover har-
bour. He did not think it would have been possible
to save the three persons who were drowned, because
the rush of water was so great. The Samphire had
three compartments (subsequently corrected to
bulkheads). The water did not get into the second
compartment. About half-past lor 2 o'clock on the
Thursday morning the water had subsided in the
cabin, and he found the persons in the cabin
drowned. The man was lying on the top seat, and
the ladies on the floor. lie did not know what had
become of the master of the bark.
Cross-examined by Mr. Fox—l have been mate
14 years. The call-boy was put upon the bridge. It
was extra precaution, because it was dark and hazy.
It is the duty of every one of the crew to keep a
look-out, though there are two or three appointed
specially to do so. On leaving the pier I heard
the captain tell Northover to keep a good look-out.
There was a moderate breeze that night. When
the vessel left the pier the captain was on the bridge.
From the time she left the pier until the collision
took place the captain did not leave the bridge. He
had a night-glass over his shoulder. He is in the
habit of using a glass. The captain has good eye-
sight. It is the practice of masters to use a glass.
When we started I could see the South Foreland
light. I was not aware in the first instance that
there was any one in the cabin. From the time the
captain gave the order to lower the boat after the
collision, about eight minutes elapsed before it was
lowered. IV e pulled towards the Foreland light to
sweep the bay round for assistance, as we thought
we might fall in with some tugs. Myself, two sea-
men, the carpenter, and a boy and three passengers
went in the boat. The captain and crew that night
were all sober. I did not see immediately after the
collision took place some men jump from the bark
on to the steamer.

Cross-examined by Mr. Edwards—l could not
get near the compass when I went to the stern, and
saw the helm hard-a-port. I should say the vessel's
head was south-east by south, or thereabouts. The
collision took place immediately after the order was
given to put the helm hard-a-port. If the collision
had not taken place we should have attained our full
speed in a few minutes. If any one had jumped
from the bark into the steamer I could have seen
them, but they might have got on without my no-
ticing them. If the bark had a light on her mizen
rigging I must have seen it from where I stood. I
know the captain did not leave the bridge before
the collision, because I saw him there all the time.
By Captain Harris—lt was not called out, « A
light on the port bow," but " A sail on the port
bow." The second mate and an able-bodied seaman
named Boyce were at the wheel at the time the col-
lision took place. When I was at the helm I could
see from half a mile to a mile seaward. I did not
see the captain use his glasses. It was nearly slack
water that night when we left. Our ordinary course
is S.E. half E., according to the state of the tide.
Charles Daitlin said—l am second officer on board
the steamer Samphire. On the evening in question
I left the Admiralty pier on board the Samphire,
bound for Calais. I was at the wheel when we
started, but I left the wheel after clearing the pier
to see if the lights were all right and the baggage
covered up. I was engaged in settling the baggage
nearly up to the time that the collision took place.
I was on the poop, close to the wheel, when the
captain sung out, "Port, hard a-port." I was on
the starboard side of the wheel, and I put the helm
a-port, with the assistance of a man named Boyce.
Immediately afterwards the bark ran into her.
About a minute elapsed before the bark ran into her.
The shock threw me and Boyce over the wheel. We
picked ourselves up, and kept the helm hard aport.
When I assisted Boyce at the wheel I did not see
any lights on the bark, nor did any one call out.
The weather was hazy—low haze.
By Mr. Fox.—l have been in the service—all night
service—about nine years. When we started I gave
up the wheel to Boyce and gave him the course. I
did not see any sails immediately before the collision
took place. At the time of the collision I saw the
bark's jibboom and flying gib very plain. If the
bark had any lights I think I must have seen them,
as I was on the poop, and the poop is higher than
the deck. It was my duty to keep a good look-out,
and I always do so, and did that night. When the
vessel left the pier the captain was on the bridge,
and I believe the call-boy was there too, and the
captain did not leave the bridge until the collision

took place. I received orders from Capt. Bennett
after the collision to clear away the boats. Both
the lifeboats were lowered very quickly. The star-
board boat, I believe, was first lowered, but I an'
not quite sure of it. I got into the starboard lifeboat
with two hands. The captain told me to pull away
for the bark, to tell her to heave to and take the
passengers in. We pulled for the bark for nearly a
quarter of an hour, but we could not reach her. I
hailed her several times, but no one replied, and the
bark continued on her course. I did not see any
lights in the bark when we pulled after her. I could
not tell you how many passengers were in our boat
while pulling after the bark, but the boat was full
of them. They all rushed into the boat. The pas-
sengers would not go back to the vessel again, so I
landed them between 2 and 4 o'clock in the morn-
ing at the Admiralty-pier.
Cross-examined by Mr. Edwards—Our vessel's
head was S.E. E. when we left Dover. I don't
know how fast the vessel was going. I should guess
about 13 knots an hour. I could hardly see half a
mile from the vessel to the seaward.
Cross-examined by Captain Harris—We were
about five miles from the shore when the collision
took place. I could see the Foreland lights on the
port quarter when the collision took place. There
was another man, named Malpas, on the bridge be-
sides the captain and the call-boy. I think it was
Malpas. Both lifeboats were uncovered and lowered.
Cross-examined by Captain Baker—We always
sound the fog whistle in foggy weather, but we did
not blow the whistle that night. _ _

...
Re-examined by Mr. Fox—lf the bark had a
light should have seen her.
The Court then adjourned until this day at 10
a.m.