The Sun.
London, England, 1869-11-06 00:00:00

211 E ACCIDENT ON BOARD 711 E THISTLE,

The inquiry into the death of the eleven men who were
killed by the explosion of a boiler on board H. 31.5.
Thistle, on Wednesday last, was opened on Monday at
Sheerness. The eight bodies, which lay beneath
the gun battery at the Naval Barracks, viz.,
Messrs. Roberts, Scorrer, Smithers, and Knight,
engineers; John Daer, fitter; Robertson, leading stoker;
and John Timson and Laurence, stokers,were then viewed,
after which the whole of the party were conveyed
to the Thistle, which lay moored off the dockyard. The
engines and the boilers of the ship were inspected, and the
hole in the boiler which exploded fully explained to all
present. Mr. Walter Wilson Williamson, chief inspector of
machinery at Sheerness, was the first witness examined.
He said that he knew nothing of the cause of the accident.
He was conducting the trials of the ship at the Maplin
Sands on Wednesday, and while on deck to time the runs
he heard a puff, about 4.34, and on turning round saw
that steam was escaping in a large mass from the engine-
room. It was his impression at first that one of the steam
pipes had burst in the engine-room, and he thereupon sent
a leading stoker to ease the safety valves, and with the
assistance of another stoker the men lashed up the levers
of the valves so as to let the steam escape. He then had
the large hatch removed from over the engine-room, and
in a few minutes the men went below and brought up on
deck the wounded, dying, and dead. John Edgar, engi-
neer student, the only person alive who was present in the
engine-room at the time of the accident, said that the ship
was about starting on the third mile with her high-pressure
engines, when he saw a flash of light or flame issue
from out of the stokehole towards the engine-room,
which he first thought was merely back-draught. He
then thought he saw some soot or ashes falling on
the engine, and he stooped to evade it. He then
found himself surrounded by steam, and knowing
that something was wrong, he sprang up the ladder and
reached the deck with only some slight scalds. He could
not account for the explosion. The evidence of Dr.
Prescott, R.A., as to the death of the deceased was then
given; and it appearing that no evidence as to the cause
of the explosion could be given until a minute examination
had been made of the boiler, the coroner granted the
necessary certificates for the burial of the deceased, and
the inquiry was adjourned.

TILE OVEBEND, GU_RNEY, AND COMPANY

P:ROSECUTION.

As our readers know, an application has been made tor
a sum of £5,000, to enable Dr. Thom to proceed with the
prosecution he had instituted against the directors of the
company. The application was on Friday renewed before
Vice-Chancellor Malins in Chambers. Mr. G. Lewis, jun.,
on behalf of Dr. Thom, said that the application was made
under the 167th section of the Joint Stock Companies Act,
by which the court was authorisedto grant funds out of the
assets of a company in course of liquidation for the
purpose of conducting a criminal prosecution against
parties who had been charged with fraud on the public.
In this case the six directors were charged with attempt-
ing to impose on the public by issuing a prospectus con-
taining false statements which induced several persons to
become shareholders. After ten days' careful examination
the directors were committed for trial to the Central
Criminal Court, and were required to find bail in £90,000.
The case was then transferred on application to the
Queen's Bench, and the Lord Chief Justice required the
directors to renew their bail. Mr. Maynard, cn behalf of
the official liquidators, contended that it would be a gross
misapplication of the funds of the company to grant any
portion of them for the purposes of the prosecution, from
-which they would derive no pecuniary benefit.
Mr. Harding, a liquidator, replying to his Honour, said
that there were assets to enable the liquidators to pay 20s.
in the pound, with interest, to the creditors. Mr. Lewis
said he had a letter from a holder of 1,900 shares, approving
the prosecution by Dr. Thom.
His Honour asked if there had been any meeting of the
shareholders on the subject ?
Mr. Lewis said there had not, and he contended it was
not a question for the shareholders, but one in the intere ,ts
of justice.
His Honour comilained that the case had not been
brought before him until proceedings had been com-
menced. He might not have given his sanction to
them, and if they objected they might have gone to the
Court.of Appeal. In one of the cases cited he had been
induced to grant a similar application, because he thought
thattthe directors of public companies should understand
that: even if a company did not institute criminal proceed-
ings, in case of great fraud, they could not offend with
impunity.; Under the present circumstances, however, he
should not feel justified in granting money out of the
assets of the company for the prosecution, while Dr. Thom
had 4:ailed to induce the Government, the public, or the
sha)..aholders to take it up. There was a sum of £5,043,000
awsilable for the claims of the creditors, but the question
vats not a mere deduction of £5,000, but one cf principle.
I'.. Lewis might have the case argued before him in court,
'or he could give his permission to go before the Court of

Chancery.
Mr. Lewis declined accepting the offer of his Honour.

LAW AND POLICE.

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THE AGRICULTURAL CATTLE INSURANCE COMPANY.—
An appeal has been heard in the Court of Chancery on
behalf of a Mr. Dixon, with respect to his liability as a
contributory of the Agriculturist Cattle Insurance Com-
pany. Mr. Dixon argued that he had been induced by the
company's manager in Scotland to join the board of direc-
tors for Scotland, on a; representation that he should
not be made responsible as a shareholder until an Act
was obtained to limit the liability of shareholders. Ten
shares were allotted to him, but the Act was not obtained.
He acted as a shareholder,but afterwards induced the direc-
tors to cancel his shares and remove his name from the
list. This waa in 1849. In 1861 the company was wound
up, and the official manager sought to make Mr. Dixon a
contributory. The Master of the Rolls held this could not
be done, and hence the appeal. Lord Justice Giffard, how-
ever, decided that the company had no power to cancel
Mr. Dixon's shares, there having been no dispute or com-
promise, and his name must be retained on the list.
A MARKET TOLL.—The right of the Duke of Manchester
to demand a toll of one penny per head upon the cattle
sold in the market of St. Ives, was tried recently in West-
minster, and a verdict obtained for the duke. The case has
now been brought forward in the Court of Exchequer, and
a rule obtained, on the ground of misdirection, the counsel
observing that an arrangement would probably be made
between the parties.
TER LICENSED VlcTroLimn's FETE.—More than thirty
actions for injuries received at the late accident at New-cross
Station on the occasion of the Licensed Victuallers' Fete,
have been brought against the Brighton Railway. Two
summonses came on at the Judges' Chambers, when the
Master gave the company time to plead.
CRUELTY TO A HORSE.—At Marlborough-street Police-
court, a doctor's coachman has been fined the full penalty
of £5 or a month's imprisonment for cruelly beating his
master's horse in Regent-street, several persons having
given their evidence against him. The case was brought
by a gentleman named Hall, who, finding the man would
not desist from flogging the horse, got into a cab and fol-
lowed him to his stable, afterwards communicating with
the Society for the Prevention of Cruelty to Animals.

CHARGE OF CONSPIRACY AGAINST A MILITARY OFFICER.
—Lieutenant-Colonel Robert Crawford, half-pay, Royal
Artillery,has been re-examined at Westminster on a charge
of conspiring to defraud. The principal charge against
him is that he systematically drew cheques on
Messrs. Cox, having no effects there, and that he
induced those to whom ho gave them to hold them over
for a time, saying he would have money there later
A man named Penny was charged with conspiring with
the prisoner, and assisting him in passing the cheques.
There were several distinct cases against the prisoner, and
he was remanded. He had previously an account at
Messrs. Cox's, and has a pension of about £25 per quarter
certain amounts being stopped by the Insolvent Court.

THE EDINBURGH PHILOSOPHICAL INSTITUTION.
—EDINBURGH, FRIDAY NIGIIT.—Lord Justice Clerk Mon-
croiff delivered the opening address of the Edinburgh
Literary and Philosophical Society's course to-night. His
topic was the union between Scotland and England, and
his argument that the removal of the king from Scotland
was a good thing for the progress of the country. M.
Prevost Paradol was among those present at the meeting.
THE PROTESTANT CII UR CH IN PRUSSIA.—His
Majesty the King of Prussia has issued the following
decree :—" The great movements which in our age are
making themselves felt in the religi _.us life both of nations
and individuals, and are pressing_ forward to a decision,
and the tasks they impose on the Protestant Church of our
country, are apparent to all, and admonish us
to entreat the support of Almighty God. It is,
therefore, my will that a day ho set apart in the
Protestant Churches of my country, for special
prayer that Gcd may pour cut his blessing on
the present important deliberations as to the constitution
of coy Church, and to implore Him tJ protect the Pro-
tc: taut Church fruni all dangers that threaten it,. and to
strengthen the ties which unite its members to each other
and to the Church universal. I have appointed the 10th
November, the birthday of Dr. Martin Luther, for this
purpose, and hereby commission the Minister, and the
highest ecclesiastical authorities of Prussia to make the
neeessery arrango;noutliluaillit.-tnicletiDaden,o4l;ter
Sl. 1860."._