The Sun.
London, England, 1854-09-30 00:00:00

MILITARY.

A party of Royal Sappers and Miners will proceed from
the head-quarters at Woolwich to Chatham, consisting of
n (reornits), to go through I course of !nit: notion in

PORTSMOUTH, Sept. 29.—The borough bench of ma-
gistrates met this morning at 12 o'slock, at the borough
gaol, in Penny-street, to resumo 3hn bearing of the.case
regarding the death of the unfortunate girl, Matilda
Jane Lodge. The magistrates present were the Mayor
(G. C. Stigant, Rsq.), G. Gilman, Esq., J. F. Pratt,
Esq., J. S. Sayer, Esq., G. J. Scale, Esq., B. Bramble,
Esq., T. E. Owen, Esq., J. 0. Travers, Esq.
The court was densely crowded during the investiga-
tion, and hundreds were unable to get within hearing
dist aace. The public were not admitted into the gal-
lery until a little before 12 o'clock, but when the doors
were opened the rush was tremendous, and could only
b, equalled to that at the galllry of a theatre on boxing
night.
The arrival of the officers was the signal for a volley
of yells from the crowd assembled. Captain Ryder, the
captain of the Dauntless, was on the bench during the
inquiry.
Mr. Henry Ford, solicitor, cf Portsea, again appeared
to-day for the prosecution, and Mr. Hoskins, of Gosport,
for the officers of the Dauntless.

At the opening of the case, it was intimated that
there were thirty-five witnesses to examine—a fact that
promises to extend the inquiry over two or three days
at the least.

The Bench told Mr. Ford that the bench were then
quite ready to hear from him what course he proposed
to pirsue.
Mr. Ford said he had to inquire of his friend Mr.
Hoskins if he appeared for Lieutenants Frederick Knight
and John Busteed Seymour, of the Royal Marines, the
former belonging to H.M.S. Dauntless, and the latter to
H.M.S. Colossus, as it was his (Mr. Ford'sl duty, in
reply to the question put to him on Tuesday last, to in-
form his friend that he was there to prefer against those
officers a charge of manslaughter in reference to the
death of Matilda Jane Lodge.
Mr. Hoskins said he did appear for the officers named,
and who were in the precincts of the court, having at-
tended the inquiry voluntarily, and without being re-
quested to do so, and they were quite ready to place
themselves in the hands of the bench. All that he had
to ask on their part from the bench was its protection
from insulting demonstrations of public feeling. On their
arrival at the court they had been most grossly insulted,
and from such insults they, as Englishmen, had a right
to be protected. He would also request that his clients
might be permitted to have seats near him, the better to
enable him to conduct their defence.
Mr. Ford said no one more warmly deprecated any
exhibition of feeling than he did. He had no objection
to his friend's request being complied with, and he bad
also a similar one to make. It was that he might have
by his side Mr. Leggett, the superintendent of the Ports-
mouth police, and Mr. Harvey, a superintendent of the
county constabulary. He (Mr.tiFord) had an immense
mass of evidence to produce, and the aid of the officers
he had named would materially facilitate the inquiry.
Mr. Ford then opened the case for the prosecution in a
lengthened speech, in which he reviewed all the facts of
the case as they have already appeared at the coroner's
inquest.
Emma White was again the first witness. She deposed
• -he was a single woman, melding at Gosport, and knew
Matilda Jane Lodge ; and also that she went to her
outliers house on Sunday night last, at half-past cis at
night. She proceeded to give evidence, as already re-
ported at the coroner's inquest, in reference to crossing
t Portsmouth, going back to the Floating Bridge a
little before 9 o'clock, when they met two gentlemen
bessed in private clothes. Oae of the gentlemen was the
prisoner, Lieuttmoit Knight. They went to a public-
eouse on the Parade, and had each a glass of brandy-and-
water. One gentleman then left them ; on which witness,
leceased, and Lieutenant Knight went to the Fortitude
public-house, in Broad-street, where they had one more
glass of brandy-and-water. They then had some pastry,
old afterwards went to the bridge, which was closed
fur the night. Witeese an l deceased then got into
4 waterman's boat, when Lieutenant Knight also came •
on board. He asked them to go on board the Da.unt-
less's hulk, but witness and deceased said they knew
some one belonging to the Colossus ; and they asked if
the crew of the Colossus were turned over front the Vic-
torious hulk ? He replied they were turned over. The
gentleman witness meant belonging to the Colossus was
the defendant, Lieut. Seymour. As he pressed them
they went up alongside the hulk, but again refused to
go on board, on which Lieut. Knight said he would not
keep them long. They then went on board, and Lieut.
Knight told them to follow him ; they did so, and in get-
ting near the ward-room witness saw a friend there and
ran back to deceased, and said, " Seymour's there--I'll
not go in." They ran back on deck together, where they
saw Lieut. Knight, who said, "Oh, never mind, he'll
not see you." Matilda Lodge also said, " Come on,
let's go—l'll say it is in a jest : never mind." The three
then went down together ; Lieut. Knight going first.
Witness then recapitulated the evidence she had already
given as to herself going into Lieut. Knight's cabin,
whilst deceased remained with several officers in the
Ward-room ; to the deceased subsequently coining into
the cabin, and being followed by Lieut. Knight, who
gave them a light, and then brought them some wine in
a tumbler. Deceased drank a part of a tumbler full of
this, and gave witness some, saying. " Don't drink too
much, it will make you ill." Witness drank a little,
and threw the remainder away. Lieut. Knight after-
wards again came to the cabin, and asked them if they
would have anything else. Deceased said she would
like some brandy, which Lieut. Knight brought ; of
this deceased poured out a tumbler full and drank some,
but witness could not say how mach. Deceased then
:mid she would go out of the cabint and she did so. Her
dress was not disordered then. When she went into the
ward-room, there wore present Lieut. Seymour, Lieut.
Knight, and other gentlemen witness did not know.
Lieut. Knight then went into the cabin, on which, wit-
ness said, I went out. He said, "Oh, don't go out ; stop
here." He pressed me not to go o!-I, on which I said, " I
must go. I want to go home." I went into the ward-room,
and Lieut. Knight followed me. Matilda Lodge was
singing at this time. I was in Lieutenant Knight's
cabin about half an hour. I said to the deceased "Do
you know what time it is ; it is time to come home."
6he said, " Never mind, this will cut our acquaintance."
I suppose she said this because I told her I should go
without her. I sat down and persuaded her to go, but
she refused. Whilst she was sitting in the ward-room I
did not see her take any more drink, or any one offer
any. After I was in the ward-room about an hour, she
fainted.

with.

Long.

Mr. Ford here stated that a portion of the body of the
deceased had been taken away most unaccountably. It
had been given to a Mr. Knight, the pupil of one of the
eentlemen who had been present at the post mortem ex.
;ruination. He had left the town, and had taken this
with him. (The portion of the deceased's body here
referred to was the bladder and uterus.)
Mr. Lows and Mr. Knight, his pupil, had it given to
him instead of its being buried, as the case was sup-
posed to have been disposed off. He had gone to Rill,
near Thanie, in Oxfordshire, and would immediately
produce it it required. He had put it in spirit to pre-
serve it. Mr. Knight was no relative whatever to
Lieutenant Knight, the prisoner,
The examination of the witnesses was resumed—When
deceased fainted she was taken into Lieut. Knight's
cabin and placed on the table; her face was also sprinkled
with water, and her dress unfastened. I returned into
the ward-room. A party of marines had come into the
cabin and said that 'deceased and witness must go, as
they were making a noise ; this was a message from the
-commanding officer. I do not know what answer was
made to this. This was before she had fainted. After
she had done so another similar message was brought,
to which Lieutenant Knight said she was not in a fit
state to do so. When she fainted she was lowered
down on the floor before being► placed in the cabin ;
she was lowered gently ; she uttered a scream. I left
the ship at past 1 o'clock ; up to that time I did not see
any violence whatever used towards deceased ; if it had
been used I must have seen it. The scream deceased
gave after she fainted was not whilst she was being
lowered on the floor, but afterwards, whilst she
was corning to. When I left the ship deceased was in
Lieut. Knight's cabin. The Waterman who took me
on shore was the one who had brought us to the ship,
and who knew that we both belonged to Gosport. I
next saw deceased at her mother's, when she was very
ill, bruised in several places. She said she had received
her death-blow, but she did not know who did it, as,
after witness left, she became unconscious. Witness
saw her the following day, when she said she was dying,
and asked if Knight was not the name of the officer
they went on board with ? Witness replied that she
thought it was. Deceased then said she thought that
was the name, for she saw it on his card, with "Lieute-
nant Royal Marines." Deceased also said she thought
4 he had had a quarrel with another officer, and that ha

ceased for some months, and (luring that time we have ge-
nerally walked out together of an evening. We have walked
together, tut not at late hours. ‘Ve have been to tin:
Marine Barracks together. Neither of us kneW Mr.
Knight ; I had known Mr. Seymour some time. I do not
remember asking Mr. Knight, as we walked together in
• High-street, whether the Colossus was lashed alongside
the Victorious hulk. I did not ask him. I did not ask him
if Mr. Seymour was on board. I did not mention Mr.
Seymour's name till I got on board the ship. As far as
I remember I think I stated this at the coroner's in-
quest. We got into the boat first, Mr. Knight handing
us in. We refused to go on board several times ; but
when the boat got alongside the Victorious he said,
"Oh, do come on board ; I will not detain you long."
Mr. Knight left the boat first, and when he got on the
gangway he again pressed us to come on board, We
then consented. There was no water in Mr. Knight's
cabin. During the time I was on board Matilda Lodge
was treated with the greatest kindness. I had seen her
faint once before. Ido not remember that her dress was
open by directio❑ of the surgeon. She was carefully
lowered on to the floor and carefully treated afterwards.
Mr. Knight's cabin is a small one. I did not drink the
whole of the wine deceased poured out for me, because I
do not drink wine, and I threw it out of the cabin win-
dow in order that she might not drink it. I wrote to
Mr. Seymour on Tuesday evening to meet me on the
Wednesday. He could not come, but did on Thursday.
When I saw him my mother was present.
Re-examined—Mr. Knight said he would go to Gos-
port with us when we got into the boat. The height of
Mr. Knight's bed from the floor was about three feet.
The Mayor—Yon say that deceased said " she did not
know who did it ;" what did she mean ?
Witness—lt was in answer to me, when I asked her
who had served her so.

Henry Allen, a waterman, living at Gosport, de-

posed—l knew Matilda Jane Lodge and Emma White
very well. I vraai plying for hire on the beach at Point,
on the night of Sunday, the 17th instant, when the two

young women came up to engage my boat. An officer,
who said he belonged to the Dauntless, came with
them: I asked the gentleman if the Victorious

------
was the Dauntless's hulk ; he told m• he did not

know, but he told me to go to the Victorious. I did
not notice that there was any conversation between the

gentleman and the females as to going to the Daunt-
less or the Victorious. I was engaged in pulling,
and they might have spoken on the matter without my
noticing anything. I did not hear what was said when
we got alongside of the ship. Ido not think I recollect
any conversation between the gentleman and the ladies,
when we got alongside of the Victorious. I think the
ladies got out first ; but I won't be certain about that.
Mr. Ford—On your oath, did the ladies get out
first f

Witness—Well, I 'most forgets. (Laughter.) I can-
not say that any conversation took place between them
(the ladies and the gentleman) about going on board.
The gentleman said he would make all right and satisfy
me for my trouble during the night. I don't recollect if
the prisoner Lieutenant Knight was the gentleman who
said this ; the gentleman gave me two shillings before
we got alongside the hulk. I don't recollect if it was

Lieutenant Knight.
Mr. Ford—Were they sober when they went on
board I

Witness—The ladies were, but I think the gentleman
was three mheets. (Laughter.)

Mr. Ford—That weans drunk

Witness—Well, two out of three.

Joseph Sherwin, waterman of Gosport, deposed to
being in his boat and going up the harbour at a little
past four on Monday morning, the 18th inst., when he
was hailed from the Victorious hulk, to take a drunken
_ _

woman on shore. He was asked how much the fare
would be, and said Is. The person who spoke to him
said he should have ls. 6d. From what was said I
took lier to Common Hard. She was in a state of in-

sensibility. She received no injury whatever whilst in
my boat, and groaned several times. I did not know
who the female was. When 1 got to Common Hard
I got a barrow, but two dockyard policemen had
already come to meet me. When ,he was given to me
her clothes were torn ; she was without a bonnet or
a shawl, and in a white dress. I thought she was
in her night clothe; and asked for her gown--
telling the steward that she had no dress on. When

we lifted her into the barrow we placed her on
her hack ; I wheeled her carefully along the pavement
to the police station. She did not speak a word the

whole tune ; the dockyard policemen did not go with
me to the station. When 1 took her from the ship I
asked for iionie one to go with her, but the steward
said he coald not go, as he did not know where she

lived.
By Mr. Hoskins—A shawl was not put in the boat.
One was thrown in, and this I covered deceased over

William Rolls, constable in the dockyard police, de-

posed to relieving another constable at two o'clock on
Monday morning, the ISth, who told him about some-
thing cuing on on board the Victorious. lie (witness)
noticed the same himself. At about 3.45 I heard a

groaning three or four times. It sounded as though it
came from the Victorious or Dauntless. At ten or fif-

teen minutes past four o'clock he heard a boat hailed
from the hulk. Witness told his inspector of the fact,

and from orders he gave him on seeing the boat leave
the hulk, lie (witness) went out of the dockyard. An-
other constable, Scholofield, came up also. A woman
was in the boat and we helped to get her out. She ap-
peared to be in a very bad state. Her arms were bare
and her hair was loose. She was insensible. Her dress

way very much rumpled.
Mr. lioskens would not ask this witness any ques-
.

William Bone deposed—l am an inspector of police in
this eborough. I was on duty in the station-house in
Portsea on Monday morning, the 18th. I saw Sherwin
the waterinam, with the &ceased. Her dress was a stiff
white musli❑ ore ; it was quite crumpled up. Up to
that time there were no marks of bruises upon her per-
son, excepting a flush upon her cheek. There was no-
thing covering her arms but her shift sleeve. Her dress
in front was all torn open, and she had no stays on. I
made up a bed on the bottom of a boarded cell and laid
her down. I left Police-constable Croucher in charge of
her. I saw deceased afterwards the same day, in
charge of her mother. Her face was then quite black.
She was treated with every passible kindness at the
police-station.
Cross-examined by Mr. Hoskins—Deceased had her
drawers and petticoats on. I did not hear any groans
from the woman. Her insensibility appeared to me to
arise from drink, but I thought she had been very
roughly used. I thought this from the appearance of
her clothes.

Police-constable Croucher deposed to being on duty
at the Purtsea station on the morning in question, and
confirmed the above testimony in reference to the re-
ception and treatment of deceased whilst she was in
charge of the police, This witness also described the
state of deceased's dress. It was torn at the sleeves and
all open in front.
Cross-examined by Mr. Hoskins —When we handed
her out of the barrow she was heavy, like a drunken
woman would be.
Mr. Ford—But she was a fine, stout woman, was she
net !

Witness—She was.
Police-constable Ricketts deposed to deceased being
taken out of the cell into the constable's room. He then
had some conversation with her. She had become sen-
sible. She had become so before she left the cell. I

asked her (witness said) where she bad been. She said
she had been on board the Dauntless. She either said
she went on board with Knight or Wright, and that he
was a first lieutenant of Marines. She asked me if I
was a married man, and when I said I was, she said she
did not mind then, and asked me for a bucket to ease
herself. I g one, but she could not effect her pur-
pose. She complained of great pain in her side and
belly. Shortly after Dr. Carter came and attended to
her, and after lie had gone she said she was dying.
When I took notice of her person (which was first
whilst in the cell, I going in in consequence of her
groans), her dress was in such a state that I could see
the whole of the upper part of her person. There were
marks on her arm as though from grips. Her face was
black. I examined her side and found a black mark or
bruise there.
Mr. Ford—Have you the sleeve of her dress by you
Witness—l have produced it. It was given to me
be, a woman named Frampton, living in White's-row,
the wife of a marine on board the Dauntless. I had
another sleeve, which I found in the bonnet of deceased
I when she was brought to the station. [The latter ap-
pears to have been the sleeve of deceased's dress, whilst
the first-named was an under-sleeve of lace.]
Inspector Astridge, of the borough police, deposed to
finding deceased in the cell at the station-house. She
was lying on her side, and she said, "Don't disturb me,
I am dying." I then thought she was suffering from
the effects of drink. I left her and returned at a quarter
to nine o'clock, and then had her removed into the con-
stable's room, and provided a chair for her. She said
she could not sit down in it, for she had such a pain in
her belly. I then had her placed on her right side, and
asked her for her name, but she said she could not give
it me. She said she was a stranger, but living in High-
street. I then told her, if she could not tell me, I must
remove her to the union house. She kept complaining
that she was getting worse, and would die. I then went
over to a Mrs. Sophia -Stevens, living near, who came
acrons They romped together about a weer of aA

hour, and in consequence of what Mrs. Stevens said I
sent for a surgeon. I afterwards asked her where she
had been, and she said with an officer on board the
Dauntless. Witness then described W hat steps had been
taken to find deceased's mother.
In reply to a question, the witness stated that he went
on hoard the Dauntless to inquire into the circumetinces
of this case, when the officer in command, a junior lieu-
tenant, said he could not make any inquires on board,
unless with an order from the magistrates.
The Mayor said as this question had been referred to,
it wss desirable that the letter from Captain Ryder
should be read, as a matter of
_justice to that officer.
The letter, was then read. It was as follows : —"To
the Mayor of Portsmouth.—Sir,—I learnt that two po-
licemen had been on board the Vietorious, hulk, with a
ines.age from you requesting that they Might be allowed
to examine one of the:crew regarding -the occurre,,e,s
that are alleged to hare taken place on hoard the Vic
torious, hulk, on the night of the 17th instant, and that
the commanding officer declined in My absence to per
wit the policeman to make any inquiries. I be,, to
in-
form you that;' I am most anxious to afford every facility
for the most searching investigation into the truth of the
charges made against some of the officers of H.M.S.
Dauntless, in the verdict of the coroner's inquest. I
sh :11 be most happy, therefore, to permit any one you
may send to make any inquiries that you may think fit,
also to send any one of the officers or crew that the
bench of magistrates may wish to examine to the court,
and, in fact, to forward the ends of justice in any way
in my power.—l am, sir, your humble and obedient ser-
Val t, ALFRED P. RYDER, Captain, R.N.—H.M.S.
Dauntless, Sept., 27, 1854."
"P.S.—The ship's company are employed in the
dockyard, except at their meal hours. The dinner hour
is from noon to one o'clock, during which time they will
be certain to be found on 'poard the Victorious."
Mr. John Astridge then deposed to seeing deceased in
the station-house, and to the bruises on her person.
Mrs. Sophia Stevens deposed to visiting deceased in
the station-house, and to her suffering great pain. She
also deposed to seeing some white powder among what
deceased vomited.

Mr. Hoskins—The white powder attracted your atten-
Lon !

Witness—lt did, because when she spoke to me in a
rational manner I did not think her state altogether
arose from intoxication. I did not call the attention of
the police officers to it. None of what she vomited was
preserved' because I thought it would attract the atten-
tion of the doctor, as a matter of course. I don't know
whether Dr. Carter looked at the bucket ; he ought to
have done. (Laughter.) I should think there was quite
a dessert spoonful. The powder and the wine deceased
vomited did not mix together.
The court was then adjourned till this day.

THE FISHERIES, thc.—TREATY WITH

AMERICA.

RATIFICATIONS EXCHANGED Al WASHINGTON, SEPT. 9,

1854.

Signed at Washington, June 5, 1854.
Her Majesty the Queen of Great Britain, being equally
desirous, with the Government of the United States, to
avoid further misunderstanding between their respective
subjects and citizens in regard to the extent of the right
lof fishing on the coasts of British North America, secured
to each by Article 1 of a convention between Great Bri-
tain and the United States, signed at London on the
20th day of October, 1818, and being also desirous to
regulate the commerce and navigation between their
respective territories and people, and more especially
between her Majesty's possessions in North America
and the United States, in such a manner as to render
the same reciprocally beneficial and satisfactory, have
respectively named plenipotentiaries to confer and agree
thereupon ; that is to say—
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, James, Earl of Elgin and Kincar-
dine, Lord Bruce and Elgin, a Peer of the United King.
dom, Knight of the Most Ancient and Most Noble
Order of the Thistle, and Governor-General in and over
all her Britannic Majesty's provinces on the continent
of North America, and in and over the island of Prince
Ed ward ;
And the President of the United States of America,
William L. Marcy, Secretary of State of the United
States ; _ _ _

Who, after having communicated to each other their
respective full powers, found in good and du• form,
have agreed to the following articles :

ARTICLE I.

It is agreed by the high contracting parties, that, in
addition to the liberty secured to the United States
tiihertnen by the above-mentioned Conventidn of Oct.

20, 1818, of taking, curing, and drying fish on certain
coasts of the British North American colonies therein
defined, the inhabitants of the United States shall have,
in common with the subjects of her Britannic Majesty,
the liberty to take fish of every kind, except shell-fish,
on the sea-coasts and shores, and in the bays, harbours,
and creeks of Canada, New Brunswick, Nova Scotia,
Prince Edward's Island, and of the several islands there-
unto adjacent, without being restricted to any distance
from the shore ; with permission to land upon the coasts
and shores of those colonies and the islands thereof; and
also upon the Magd?.lon Islands, for the purpose of
drying their nets and curing their fish ; provided that
in so doing they do not interfere with the rights of pi
vats property, or with Bri:ish fishermen in the peaceable
use of any part of the said coast in their occupancy for
the same purpose.
_ _

. .
it is understood that the above-mentioned liberty ap-
plies solely to the sca fishery, and that the salmon ankl
shad fisheries, and all fisheries in the rivers and the
mouths of rivers, and are hereby reserved exclusive to
British fishermen.

And it is further agreed that in order to p:-event or
settle disputes as to the places to which the reserva-
tion of exclusive right to British fishermen sontained
in this article, and that of fishermen of the United
States contained in the next succeeding article, apply,
each of the high contracting parties, on the appli-
cation of either to the other, shall, within six months
thereafter, appoint a commissioner. The said commis-
sioners, before proceeding to any business, shall make and
subscribe a solemn declaration that they will impartially
and carefully examine and decide, to the best of their
judgment, and according to justice and equity, without
fear, favour, or affection to their own country, upon all
such places as are intended to be reserved and excluded
from the c. onmon liberty of fishing under this and the
next succeeding article ; and such declaration shall be
entered on the record of their proceedings. The coin-
missioners shall name some third person to aot as an ar-
bitrator or umpire in any case or cases on which they
may themselves differ in opinion. If they should not
he able to agree upon the name of such third persn'i,
they shall each name a person, and it shall be deter-
mined by lot which of the two persons so named shall
be the arbitrator or umpire in cases of difference or dis-
agreement between the commissioners. The person so
to be chosen to be arbitrator or umpire shall, before pro-
ceeding to act as such in any case, make and subscribe
a solemn declaration in a form similar to that which
shall have been already made and subscribed by the com-
missioners, which shall be entered on the record of their
proceedings. In the event of the death, absence, or
incapacity of either of the commissioners or of the arbi-
trator or umpire, or of their or his omitting, declining,
or ceasing to act as such commissioner, arbitrator, of
umpire, another and different person shall be appointed
or named as aforesaid, to act as such commissioner, ar-
bitrator, or umpire, in the place and stead of the per-
son so originally appointed or named as aforesaid, and
shall make and subscribe such declaration as aforesaid.

Such commissioners shall proceed to examine the
coasts of the North American provinces and of the
United States embraced within the provisions of the
first and second articles of this treaty, and shall desig-
nate the places reserved by the said articles from the
common right of fishing therein. _

The decision of the commissioners and of the arbitra-
tor or umpire shall be given in writing in each case, and
shall be signed by them respectively.
The high contracting parties hereby solemnly engage
to consider the decision of the commissioners conjointly,
or of the arbitrator or u►npire, as the case may be, as
absolutely final and conclusive in each case decided upon
by them or him respectively:_