The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1853-11-22 00:00:00

THE GUIDING STAR.-BREACH OF
THE PASSENGER ACT.

YESTERDAY, Captain R. D. Robertson, of the Guiding,
Star, emigrant ship, from Liverpool to New York, ap-
peared before Mr. Mansfield, in answer to a summons, at
the instance of Lieut. Charles F. Schomberg, Government
Emigration Agent. There were four charges against
Captain Robertson ; the first was for not furnishing to the
pas,sengers a sufficient quantity of cooked food, which con-
stituted a breach of the 19th section of the act. The other
three were for having, after leaving this port, removed
a number of water-closets ; for demolishing the 'tween
decks bulkhead for separating the unmarried passengers
from the married couples and unmarried females ; and
also for removing the after-under-deck hospital, consti-
tuting breaches of the 21st, 22nd, and 33rd sections of
the act, and each of them incurring a penalty of not more
than £5O, nor less than £5. Mr. Almond appeared for
the defendant, and Mr. Schomberg conducted the prose-
cution.

James O,pie, a steerage passenger, stated that he sailed
in the Guiding Star, for New York, on Thursday four
weeks, and on this day fortnight he only got half a week's
provisions instead of a week's. The provisions were given
out once a week, and the water once a day. After leaving
Liverpool all remained right till the Sunday morning,
and as they were off Cape Clear, when the wind rose, and
they got wrecked there. The ship was much disabled, and
after putting about she got into Belfast Lough. That
was on the Friday week after she had sailed. She lay in
Belfast Lough till the following Tuesday. Witness never
left the ship while at Belfast ; on the Saturday the Mayor
and some others of the authorities came on board. On
the Monday provisions were given to witness for half the
week, at which time he did not know that they were to be
taken back to Liverpool. The provisions did not last till
they got to Liverpool, and they were short. Landed on
the Friday, having reached Liverpool on the Thursday.
Witness made no complaint, and did not know whether
other passengers complained or not. The provisions were
sometimes cooked and sometimes they were not; when
they were not cooked the passengers dressed them. If they
had not had provisions of their own they should have
starved before they got back to Liverpool.
Robert Allan, another steerage passenger, said, until the
time referred to by the last witness, they had plenty ; but
the provisions were sometimes uncooked. Witness would
rather have his victuals cooked than uncooked. There
was not regularity in the cooking. Witness complained
of this to one of the mates, but did not know whether it
was the first, second, or third mate. He never complained
to the captain. There was a deal of sickness, on board,
and the ship was surveyed after her arrival at Belfast.
The captain left the vessel when she got to Belfast. They
had not there their regular allowance.
This closed the case as to the 19th section of the act,
Lieut. Prior, second Government Emigration. Agent,
cleared the Guidi fc Star before she sailed from LiverpooL
She had 518 souls on board., including 442 adults. Visited
her again on her return on the 11th November. Then
found the female hospital• had been removed ; the bulk-
head for separating the-unmarried men:from the married
couples, and from the unmarried females, had been knocked
down ; and a number of the water-closets had been re
moved, reducinc, the number to less than is required by
the act for such 'a
number-of passengers. When she sailed
she had ten water-closets, being one more than the reguz-
lation number : when she returned she had only six..
When she returned she was in' a very dirty state. and, on:
inquiry, witness was told the bulkhead had been removed
to improve the ventilation, as recommended by the sur-
geon. The passengers were on beard, and witness landed
them.

For the defence, Mr. Almond contended that the points
established by the witnesses for the prosecution did not
come within the penal meaning of the act, which contem-
plated wilful neglect or culpable carelessness on the part
of the captain. In this case, however, the whole of the
charges arose out of unforeseen misfortunes, which the
captain or any others had no control over. They had
been overtaken by a storm, and the ship had been dis-
abled. In addition to this misfortune; the cholera broke
out among- the passengers ; and all-the circumstances of
the case left the captain no alternative but to do as he
had done. At the earliest opportunity he put into a place
of safety, and-. had the vessel reported to and surveyed by
the proper authorities, at Belfast. Hethen proceeded to
Liverpool to consult with his consignees-as to what was
best to be done ; and, if any irregularity had occurred in
serving out the provisions to the passengers, it was during
this his necessary absence, and without his knowledge.
Even if it were true that half a week's provisions were all
that was given out to them on the Monday before leaving
Belfast it must be recollected the ship was at Liverpool
on Thursday night, which was only half a week ' • and, as
to the provisions not being cooked, it must be borne in
mind that that took place after the vessel had been dis-
abled, and when everything was necessarily in confusion.
The removal of the bulkead and water-closets had
been done for- the safety of the passengers themselves,
•
and under the direction of the surgeon. He called
Alexander Stewart, who was surgeon, on board the
Guiding Star.—After leaving Liverpool they encountered
a gale on the Saturday, on Sunday the vessel was crippled
in her rigging; and was otherwise injured. On Sunday
morning he found symptoms of cholera-on board. That
might be when they were off the Skerries, but he could not
be sure of that. It was before the disaster occurred to the
ship which damaged her. Under the- circumstances he
advised the captain to return, as he considered it would be
very unsafe to proceed. If they had gone on he did not
believe twenty- of their number would have been alive
when they got to New York. He advised the removal of -
the bulkhead, as from the practice, persisted in by the
stoerseo DRAIRPTIgATS. of drying wet. elothes on it, it greatly
interfered with the ventilation of the ship. He had him-
self ordered the dkeontinuance of this practice, and had.
cut the drying. lines; but his remonstrances and order
were disregarded by the passengers, and he therefore
applied to the-captain to have the bulkhead removed. He
did not at first consent, and witness.had to apply to him
again, as he (witness) considered it necessary to the safety
of both the crew and passengers. If the wind had per-.
mitted, they would have come direct to Liverpool. The
ship was regularly surveyed in Belfast. He had himself '
occasionally gone for and procured provisions for some of
the passengers. The water closets were taken down,
because they were filthy and very offensive, and. no
vigilance or effort could induce the German pas-.
sengers to keep them dean. They were the dirtiest.
set he (witness) ever saw. The female hospital was.
removed because the passengers, becoming alarmed
at the proximity of patients ill of cholera, refused..to re-
main in. their berths. The passengers were greatly
alarmed, and would not assist in removing the dead, from,
among the living. The other hospital, which was on
deck, was invariably used, and. was found sufficient for
the wants of the ship.
Other witnesses were examined, who corroborated the
evidence of Mr. Stewart.

The, magistrate held that the charges had been made
out, and established infractions of the statute as regarded
the removal of the water elosets—the removal of the
bulkhead—and the removal of the hospital. On each of
which charges he awarded, the smallest penalty allowed
by the act, viz., £5. The. charge relative to the inade-
quacy of food was withdrawn.

TIIE MARQUIS OP NORMANDY, according to the last ac-.
counts, continued in rather indifferent health, at Florence,
his lordship having suffered much from an attack of
paralysis previous to leaving England.
TILE QUEEN, hearing of the heavy drain upon the
funds of the Shipwrecked Fishermen and Mariners' Royal
Benevolent Society, consequent upon the late disastrous
gales, has presented this valuable institution, of which
she is patron, with the sum of £lO5.
TIIE COURT is to leave Windsor for Osborne this day.
The Duke and Duchess of Brabant will accompany the
royal family, as they do not take their departure until. the
second week in December.

ROYAL TnEA.T.RicALs.—The second dramatic peribrm-
ance at Windsor Castle this season. took place on. Thurs-
day. The pieces selected were a comedy, in three acts,
entitled the "-Game of Speculation," and a comic- drama,
in one act, entitled " Little Toddlekins."
THE ADMIEALTY.—It is confidently rumoured, and we
have reason to credit the report that Vice-Admiral Parker,
C. 8., will succeed Vice-Admiral the Hon. Jocelyn Percy
as commander-in-chief at the Nore, and that Vice-Admiral
Dundas, C. 8., will return from the Mediterranean to re-
sume his firmer place at the Admiralty,. The Nore com-
mand, Isawever, will not be vacant until June next.—
United Service Gazette.

PA.NORAHA OF THB AUSTRALIAN GOLD FIELDS.—
This very interesting panorama is now on view at the
New Music-hall, Bold-street. It is in all respects an
exhibition which will afford satisfaction to the visitor.
Commencing with a series of what may be termed fare-
well views of " Old England," the picture proceeds with
rho various scenes and objects of interest which arrest the
attention of voyagers on their route to the antipodes.
Having Conducted the spectator so far, the views are
devoted to the " Gad Digger's Life," as that is represented
in Australia. The views are clearly delineated, and the-
progress of the scenes and events is described in a lucid
and instructive manner by Mr. Prout himself; an artist
whose reputation as an accurate delineator has long been
familiar to the lovers Qf art.

Tun InguisxTioN.—Last night a Romish lecture was
delivered at the Concert-hall, in praise of the Inquisition!
The lecturer was a Mr. F. S. Northcote, " late of Corpus
Christi College, Oxford." The gas, which was deficient
in so many parts of the town, refused to burn at all in
the lecture-hall on the occasion. A few candles were
lighted, and held in the hands of individuals, scattered
here and there, gave a very dim, Guy Fawkes-ish appear-
ance to the whole proceedings. The lecture may be sum-
med up in a few words (the lecturer's own) :—That the
Inquisition was political in its objects, just in its mea-
sures, beneficial in its results, and that the popular
prejudice on the subject was based on falsehood!
SERIOUS STABBING CASE BY A WOMAN.—On Sunday
night, at about half-past twelve o'clock, an unfortunate
young woman, named Margaret Murphy, was severely
stabbed on the head and face by another unfortunate girl,
whose name is Rose Ann Kelly. It appears that at the
hour stated, Murphy, accompanied by another girl of the
same name, but no relation, opened the door of a public-
house, in Park-lane, for the purpose of going in, when the
two were met by the girl Kelly, between whom and the
other two an old grudge appeared to exist. Kelly im-
mediately assailed Margaret Murphy with a torrent of
foul-mouthed abuse, following up her invective by taking
a knife from her pocket, and rushing forward, stabbed her
on the forehead and in the left eye. The girl, Margaret.
Murphy, was instantly bathed in blood, and, from the
wound m her eye, rendered incapable of seeing. Kelly
immediately took to flight, and ran off in the direc-
tion of Gilbert-street, followed by -Elizabeth Murphy,
calling for the police to secure Kelly. While she was
doing this, Elizabeth Murphy was knocked down by a
man who had been in Kelly's company, and both made
their escape. Kelly was pursued to her lodgings in Gil-
-1 bert-street, and there apprehended. In the meantime the
wounded girl was taken to the Southern Hospital, where
the injuries she had received were attended to b y Mr.
Charles Royston, the house-surgeon. The wounds, though
serious, were not considered immediately dangerous, and
she was removed to her lodgings. Kelly
before Mr. Mansfield, at the Police-court, yesterday, and_e
committed for trial. She admitted having struck th
inflicted by an
prosecutrix, but said the wounds were was brought
out for the
oyster-shelf, and denied that she had any knife. The
magistrate directed a warrant to be made
apprehension of th 6 man who had knocked down Elizabeth
Murphy in his endeavour to let Kelly escape,

TUESDAY, NOVtAfBER 22, 1853•