The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-03-30 00:00:00

is not so frequent in London as in this port, (if such be really
the case) can easil be accounted for, because the companies
there have entire chat ge of the goods; but here the warehouse-
keeper is constrained to admit the porters of each individual
merchant and dealer, with some few exceptions where the ware-
housekeeper has the entire management, and then pilferage
seldom occurs, and for which the warehousekeeper is respon-
.),.

" 12111,—Because the land now proposed for the erection of
warehouses on the west side of the Prince's DOCk would be ex-
ceedingly dangerous to the shipping in case of fire, the wind
being generally from the west at this port ; and further, should
there be any surplus land on that side of the dock, it would be
much better appropriated fur the accommodation of Landing and
embarkation of passengers, which could be accomplished at a
very moderate expense, thereby obviating the risk and nuisance
occasioned by the great accumulation of steam vessels at the
George's Parade.
" 13th—Because the dock estate does not contribute to the
local taxes; but in case of this measure being carried into opera-
tion, the consequence would be that the legislature would be
constrained to pass a bill, compelling the whole of the dock estate
to contribute to the poor-rates and other local taxes, the same
as other property, and the present warehouse property does."

INQUEST ON CAPTAIN BROOKE, OF THE FIRST

ROYALS.

An inquest was held on Saturday last, to inquire into the
circumstances attending, the melancholy death of Capt. Brooke,
of the Ist Royals, who died in consequence of injuries received
from the collision of the Westchester, American ship, and the
steam-packet Lucifer, the government steam-boat, on which
he was a passenger, on Tuesday evening week. The inquest
was adjourned aftet hearing the evidence of Lieut. Tudor, the
commander of the steam-packet, and Grote Richardson, the
steward, to Wednesday last, at ten o'clock, at Woodside
note!. A very respectable jury of fifteen was empannelled, and
the inquest was held befere Mr. Faitnful Thomas, the (wooer
. . .

•
for that district of Cheshire. Mr. Statham, solicmir, of Liver-
pool, appealed on behalf of the Captain of the Westchester.
Before going into any 'NI her evidence, one of the jury stated
that it appeared to hint that it was a matt of which they could
•not form an upinio,P, and that they were satisfied the dPc.ase)
came by his death in consequence of the collision, that after-
wards every care was bestowed upon him, and they had deter-
mined to find a verdict of accidental death.
The CouoNER thought they had better hear more evidence
before they made up their wilds.
A Juryinan.—( Nlr. Itamo,ing) Thought -they bad evil nce
enouvh as to the cause of his death, and on wbict to found a
verdict.

Another Juryman moved that they should retire, and find
their verdict !
The COIWNER thought they ought not to be so hasty, but to
inquire into all the circuinstlasces..
Captain Cu A 'YELL, the superintendent of the government
boats, s,iid that if the whole citcomstanCes of the collision were

gone into it would be necessary for hint to call further 'evidence
oil the part or the crown. He did not think he should he doing
his duty to the otficeis under him, or to the Queen, if he left a
tittle of evidence unsifted.

The CottoNEIC thought they ought to inquire into all the evi-
dence.

Mr. STA TH A m apprehended it was for the coroner to direct the
jury as to what they should do. The jury were met to inqn ire as
to the cause of the death of Mr. Brooke. If the coroner thought
it necessary to go into the circumstances of the collision, it
would he for him to say that it was necessary; unless the jury
were agreed on their verdict.

One-Jury wan said he was • not agreed for one; another
►hought they shouhl have the evidence of the surgeon before
they came to a verdict.

Another Jurpnan.—/: is not our desire to criminate either
part,! !

The
CORONEK.—it is not your desire? But the question is,
whether the facts criminate either party. lie tie,ieved there
was a captain of a vessel who would give a very different version
to the evidence which bad been given, and who wished to give
evidence o❑ the part of the Westchester.
A Jur►atan.—Captain Chappell, would you be satisfied if the
other part v produce two witnesses the same as you have?

c •pt au) APPE 1.. —Most decidedly not; that I take to be
a garbling of the evidence. If it be mere,v the way in which
this gentleman met his death that you wish to inquire into, he
met his death nom the collision of the ships.
One Juryman thought if two witnesses were examined on one
side, two ought to be examined on the other.
Captain Cliappel refused to accede to this, and said he had
z:ionger evidence as to the collision which he had nit put for-
ward. For instance, the pilot had not been examintd.
A Juryman.—That evidence does nut go to the cause of the
death, hut as 10 the collision.
Captain Chappeil.—Then as to th,.. cause of the death there
need not be witnesses examined at all for of that there can be
no doubt.

Mr. STATHANt said, as the jury seemed lobe disposed to re-
tire on the evidence ,Which had already been taken, the (201.•
r would allow him to move that the evidence before taken he

A Juryman.—You may do that in onr absence!
Another Joryman.—tior evidence is incomplete, we want
the evidence of the sll4 eon.
Another Jurymun.—We look at the evidence as merely shew-
ilia the man's dvath, we do not look on the evidence as to the
inquiry into the collision.
Toe CouuNEtt.-,-But toy inquiry is whether there be crimi-
nality to not, and if you think there is not any criminality I
can go no further.
After much desultory conversation.
A Juryman.— ( Mr. firvans) said " EVe aroid that altoyether.".
Au nth ref irytn left to unrselce4 we can briny in a ver-
dict satixfiteto, y to all parties!
On the rep ,ated application of Mr. Statham, the evidence of
Lieut. Tudor, of her Majesty's steamer ited-wing, before
taken was read. .

On Tuesday evening, the 20th of March instant, having the
command of the government pat ket, Lucifer, steaming
between Liverpool and Kingston, he left L vet pool at 6 o'cluck
P.M. Th.rs. Brooke. Esq., then lying dent at the Woodside
lintel, Bit kenhead, being a passenger on board. It was blow-
ing a fresh gale from the westward. They steamed to near
the rock in the river Mersey, when he saw a ship running in
through (lie reek channel and approaching his steamer. When
the ship was a ithin a (power of a mile she changed her ciense
and leffed up The y (the steamer) put their belni.a starboard to
keep out of the ship's way, and finding that the ship still hared
up, they put their helm hard a starboard. The ship still kept
her luff coming nearer to the steamer. Finding that the ship
still endeavoured to get between the steamer and the shore,
he ordered the engine to he stopped and reversed. The ship
still kept on her course, with her says full, and on coming close
to the steamer struck her with her how Oil the starboard paddle-
box, and stove in the whole of it, and the starboard wheel, and
knocked down the chimney overboard, and tore away part of
the bulwark. On the ship striking the steamer, he hailed the
ship to brace her back to throw the ship off the steamer, but it
was not done directly, but with so eventually and the ship
drifted clear of the steamer. The ship then tilled her main top-
sail again, and came ou [ward of the steamer a second time,
and tore away the iron stanchions round their poop and the
steering wheel, and leaving part of the ornament of the ship's
billet on the steamer's poop. Thonas Brooke. the deceased,
was on the deck of the steamer when the ship first struck her,
and was knocked down by the Dolphin striker of the ship,
from a blow upon his forehead, above his right eye, and he
(witness) drew bini from where he fell, and went forward to
get the steamer ready for anchoring,. There was a great swell
at the time. In about two minutes afterwards, he saw the de-
ceased lying on the deck or the steamer, with his left leg broken
under hitn. When the ship struck the steamer the second time,
he again hailed her, and called out, if they did not back their
main topsail, they metal sink the steamer; and it was then
backed, and the ship got clear of the steamer. There were se-
veral seamen on the deck tattle ship, but he did not know who
had the command of her. After the collision of the two vessels
he took the earliest opporthinty he could to send for medical as-
sistance for Mr Brooke, but no surgeon came until the follow.
ing morning. He did not think any vessel could have approach-
ed the steamer with safety sooner from the severity of the gale,
through the violence of the wind, and the running of the sea.
He was thoroughly acquainted with the navigation of the Mer-
sey, and the posilitin lit whirh the ship was %%hen she struck the
Lucifer was not the position she ought to have been in. It was
a leading wind up the river, and the ship might have gona tip
the centre of the channel. Had he (witness) acted otherwise
thau he did, he must have crossed the ship's proper course. It
was from 30 to 41) seconds alter he stopped and reversed the
paddles that the ship first struck the steamer, and the ship was
then about a cable's length from the steamer. Had the ship's
sails at that time been thrown bat k or braced back, it would
have prevented the severity of the collision by throwing the
vessels side by side. It was his opinion that there was culpable
negligence in the persons on board the ship in ninnaging her.
Every attention was paid to Mr. Brooke after the injury, and
he was brought on snore next morning, The ship was within
the line of the buoy. and therefore out of her proper course at
the 'fine of the collision.

Mr. STATHAM said, the evidence of Lieut. Tudor charged
the captain of the Westchester with " culpable negligence."
The only verdict the jury could bring on that would be a ver-
dict of manslaughter. Therefore, be should certainly claim to
ca.l evidence to prove, that " culvable negligence." if any, so
far from bearing on him was on the part of I.ieut..Tudor.
A JultvMAN.—That is for the juts to decide on.
STATHASl.—Certainly ; but they must decide on the evi-