The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1833-02-26 00:00:00

" TO TILE EDITOR OP. TILE ALEIVN.

" Si a,-Having noticed a letter from Mr. James Watson, of 16, Water-
street, Liverpool, dated August 21, to the editor of the-Mien news-
paper, in which be states, that the report of the Rotlisay Castle (mean-
ing the said steam-boat or vessel of the plaintiff) not being seaworthy
is " unfounded," and offers in proof .certificates (meaning the certi-
ficates aforesaid) si*ned by persons whorri he denominates " well
known, disinterested, and experienced," it becomes necwary to Corns
pare these documents with the evidence given before the toner's
jury, as to the real cause of- the loss of the vessel, (rneanin the said.
steam-boat or vessel df the said plaintiff ), which would be eat done
by publishing the whole of it in the same paper,,and stating ftrrther
circumstances in proof of the real state of the vesSel.(meaning the said
steam-boat or vessel of the plaintiff immediately' prior to her being
wrecked on the Spit Sand, when it will probably be found that the
certificates have gone to prove too much.:—First, to have required
the repairs stated by Mr. Morrison and confirmed by Mr. Wilson, the
Rothsay Castle (meaning the said steam-beat or vessel of the plaintiff)
mast, prior to that time, have 'been little better than a wreck ; and if
so, secondly, what becomes of Mr. Daney's assertion, independent
of the contradiction of the latter to the first part of it, where-he saya
he was " satisfied," when at Glasgow, of. her " being a good vessel,'
and his confirmation of the. extensive repairs Mr. Watson (meaning
the plaintiff) had found it necessary to give her ? Thirdly, what are
we to understand by Messrs. Shenur and Pile's certificates, that they
commanded her (meaning. the said steam-boat. or vessel of the plains
tiff) in the months or February and. March, and after such extensive
repairs as she had received in the former month, she should be jcidged
by " experienced builders!' to require further repairs in August, 'nut
that she (meaning the said steam-boat or vessel of the plaintiff') was
a crazy vessel, constantry requiring repair; Which, fourthly, is amply
cdnfirmed by the evidence before the jury " that the water-was cons
siderably above the cabin _floor long before she (meaning' the said
steam-boat -or vessel of the plaintiff). struck," and that it could
only have got into her from her general ' leaky state, could she
,(meaning the said steam-boat or vessel of.the plaintiff) as Messrs.
Morrison and Wilson, state, have been stronger and firmer than the day
she was built" upon the repairs made by them ? or, as Mr. Dailey
adds, have been " a staunch and strong vessel iu every respect, Ottel
for the voyages she was intended to perforrn?"or, as assured by Messrs..
Shenur and Pile, " that she was perfectly seaworthy and fit, in every
respect, when she sailed on Wednesday tosperfurin her intended voy-
age, or any voYage, within the United kingdom ?"' The certificate
of Messrs. W. Laird and Son is in no degree impeachable, but is not
favourable to the owner (meaning the said plaintiff), as an inference
might be drawn train the necessity they express of an intention to re-
doce the chimney 3 feet in length, that too much steam was produced
for the weak frame of the vessel (meaning the said steam-boat or vessel
of the plaintiff) to bear, and the engine certainly appeared to have done
its duty until the coals were covered by the water arising from leaks,
and it eventually extinguished the fire. Fifthly, It remains to be
ascertained -what the repairs were to effect, as certified by Messrs.
Morrison and Wilson ; and if they were bona fide made as set forth ;
viewing her (meaning the said steam-boat or vessel of the plaintiff)
wreck, her floor timbers do not seem to be more than 5 inches square,
and, where new ones have replaced those taken out they are not of
squared but very inferior branch timber ; some smaller timber seems
to have been added, for the purpose of securing the uew bottom, the
planks of which are no where to be seen to consist of " two and a
half inch eirn," but of American pine, secured only with spike nails,
and without treenails or bolts. Although the keel may have been put
in when the repairs took place, it has not the appearance of new tim-
ber, and there are no logs of elm, except in the wake of the engine.
The beams, doabtless, consisted of old and new, because the ladies'
cabin had been raised, and though several of the old beams might
have been converted, several new, under such alteration, would be
required, and new decks above and below for that cabin, but those
couldadd nothing to her (meaning the said steam-boat or vessel of the
said plaintiff) security and strength, and there is no proof that the
main deck or any of its beams, above or below, were new. Nothing
is said of any repairs ' in the stern frame, were there are two, new
iron knees, secured with four screw bolts each, and which have mainly
kept it together against the violence of the sea. Mr. James Watson's
observations relating to, the boat' may be correct enough, but what
could a single boat avail, capable of holding 12 or 14 people, in a vessel
carrying 120 passengers. With regard to Mr. Atkinson, the com-
mander, there can be no doubt that he was a brave and skilful officer ;
birt to parody Mr. W.'s expression, the fact of his having been proved
to have been intoxicated when ,the Rothsay Castle struck (meaning
when the ,said steam-boat or vessel of the plaintiff was wrecked), and
his some time before, renders any further opinion of him unnecessary.
Qathe part of the owners there bas been no statement as to the num-
ber and efficiency of the crew ;' their names, with full proof of their
being eapable of executing the duties required on board such a vessel,
should be stated, when the public will be able to judge if the owner
(meaning the said plaintiff) was perfectly clear, from censure on that
essential point. As to the weather, it was by no means so bati, that
had the captain been sober, the officers and crew efficient (meal
the officers and crew of the said steam-boat or vessel of the plaintiff
and the -vessel stout and tight, the passage would have been efiecte
in little more than the usual time requited-against a head wind.—l au],
Sir, your obedient servant, ' . .
" Beaumaris, Aug. 24, 1831. . " S. M. C. R. N.
Mr. 'F. Pou.ocx stated the case, and said the plaintiff's sole
object in bringing the action was to vindicate his character
from the imputation cast upon it by the unfortunate loss of
the Rothsay Castle. The evidence would show the care and
pains the plaintiff had taken to have the vessel properly re-
paired, and that the loss was not attributable to him.
The alleged libel was produced, and Mr. Beau proved the
handwriting of the defendant.
John Wright, Esq., alderman of Liverpool, knew the defendant,
Capt. Colquitt. He is a captain in the royal navy, and lives in Che-
shire. Witness was at Beaumaris on the 17th August, 1831, and as-
sisted in saving passengers. Did all he could. Went himself to the
spot after the accident. Defendant did not accompany him. Witness
saw the dead bodies : examined the wreck : 22 were saved, and 92
perished. Witness looked at the ship's bottom. Some of the timbers
were branch timbers, such that they could not be squared. Of course
that timber was small, thought it too small for a vessel of that de-
scription. Great part Was under water, some rotten. Did think some
was American timber, but now thinks he was mistaken. The timbers
appeared to be fitted with spike nails. There was an iron knee in the
stern frame. There was an inquest held in a few days—on the even-
ing of the 18th.
George Daney.—Was an owner of steam-boats. Went to Glasgow
to buy a vessel for trade between Liverpool and Wexford. The vessel
Was afloat, and was ultimately purchased by the plaintiff. Witness was
to have had, but in fact had no share in her. The owners would not
accept his offer, It was the Rothsay Castle. He had been in her, and
knew her sailing between LiVerpool and Wexford. Plaintiff gave her
new decks. She was in very good condition. He had seen her at the
pier-head, Liverpool. Witness knew Captain Atkinson. Always found
him a sober and steady man. On the 17th August, 1831, (the day of the
loss,) it blew very fresh N.N.W. a head-wind from Liverpool.
Cross-exasninecl.—The vessel was 16 years -old. He did not know
whether alms was or was not built for river service. She was length-
ened after She was built, and was at the time of the loss HO tons bur-
den. The deck was much worn. There was one engine ; it was a5O
hotse power. Its first cost was £2000; it might at the time of the loss
be worth £lOOO. Never saw branch timber in Liverpool steam-boats,
' William Wilson.--Repaiied the vessel. When he first saw her he
thought she was not sea-worthy, on account of her bottom, which,
in his opinion, was broken. Told the plaintiff so. Ile said he had
such an excellent account of her that he thought she could not be
broken. Witness told plaintiff he thought her bottom was broken ;
but plaintiff afterwards said he was confident her bottom was not
broken. Repaired her three times ; his account for the first repairs
was £250 ; for the second, £l5O. That did not include the wages of
the men, did not think her sea-worthy at first, ' In 'witness's opinion
after the repairs she was sea-worthy. She was rather larger framed in
the midships than at fore and aft. His bill for repairs altogether was
£6OO and upwards, for timber work only, exclusive of wages, which
would be £2OO, and the iron would be £2O. He had orders to repair
her without stint. _ _

Cross-examined.—There is a great strain on steam-vessels in rough
weather. There Was a week's interval between the second and third
time of the vessel being in witness's dock. She had been leaking
again very much. She looked as if she bad been built for river
navigation. She was a very old vessel, with small timbers. Her
oriprial tonnage was from 55 to 60 tons. Her registered tonnage was
73 tons. She had one engine; it was from 50 to 60 horse-power.
Witneis only unsheathed her up to the water-mark. The difference
of timbers in a vessel of 55 and 7:3 tons is very trifling. If he had to
build a vessel for, sea he would not have put in such timbers. Told
plaintiff the timbers looked small ; they were too small. She was not
cracked.

e•examined.—When witness turned her out the third time she
was perfectly sea-worthy.
Mr. Morrison, ship-carpenter.—Was superintendent of the patent
slip in the last witness's (Wilson's) dock. He received his directions
from Wilson. The repairs authorised to be made were done. He
had instructions to strip the copper off and to dub the planks. This
was in November, 1830. A stringer was put into her inside on each
side. The stringer was a plank four inches thick and 40 feet le,.
In January she came back into the slip again, When she left the
patent slip she was seaworthy. He would not have hesitated to have
gone with her then.
Cross-examined by the SOLICITOR-GENERAL—Did not you say
'when asked if you would go to sea with her, "No, for she will prove
a coffin for somebody Y "
Witness, tatter much hesitation, I might have said so, I will not
swear that 1 did not say " She is fit for nothing but to be burnt." I
do not recollect that I did say so, but I might have said it. I might
have said, " I never saw such a box on the slip before. Fisher
and Doran were my fellow-workmen. My opinion was, she might
prove a coffin for somebody at that time. I positively deny that I
ever said " she was no better than a pill-box " in the presence of
Alexander Clacker, the engineer. I never said to Fisher " Bear a
hand, James, let us get her lapt up, for I am sorry to see the state she
is in." When she first left the dock I would not have gone in her to
sea.
Re-examine;l.--;0n the first time she ww put in the slip I thought
'her bottom was broken, and that she wan Ted more repairs. On the
next time I found it was so, and she was repaired.
Edward Addy, ship-carpenter in Morrison's employ.—Thoroughly
examined her bottom when she came back a second time ; all the
fresh timber put in the bottom, and all the old timber left in it, was
sound. These timbers. were fastened by 6or 7-inch spike nails. The
vessel, at the end of the repairs on the second time of her going into
the slip, was perfectly sea-worthy, as far as the repairs went.

" It ia now lying on the beach at Beaumaris, and aihneasurea 11 feet
2; umbels bilengtb,. ausl* feet 1 inch in breadth."

Cross-examined.—She appeared built for -river purposes. Those
are many vessels on the Liverpool river of the same scantlings
exactly..
Thomas Quigley..ehip-oarpenter.---She was in tolerable good con-
dition when she last left the patent slip. Witness should fancy she
was sea-worthy.
Captain James Spencer.—Was appointed master of the Rothsey
Castle in December, 1830 ; superintended the List repair. Witness
made no voyage in her before she -was repaired in January, 1831. The
vessel went from the graving-dock to the patent slip. • There might
have been an interval of two days. When the last repairs were made.
she was perfectly sea.worthy, otherwise witness would not hay
trusted his life with her ; he went with her on her first voyage, which
was to Wexford, from Liverpool. It was very bad weather. The
passengers and cargo bore the• sea very well. She. was sea-worthy.
and made no water. She lay fire days in Wexford, du-rim; • which
time the pump was never worked: No stint was made in the dirte--
tions for the repairs. .
Cross-examined.—The timber was sufficiently large t branch tirr,-
her is better than square tiinbi.r small timber is better than largo.
timber. . . _ _

John Pile, master mariner, Was commander of the vorel on Spen-
cer's leaving, in February, 1831. Went with her ro Vc,.xford. The
vessel behaved very well. She came back in hours.
had a very heavy gale, Only•maic that one voyage with her. She
was sea-worthy. Saw her on the day of the accident, I•ot,.iyen four
and five o'clock in the afternoon', oil the Ormeeheed. it was blowing
hard, and a heavy sea. • • - •
Edward Gore Taylor.—;!Was,,•sapercargo bctwmn Liverpool and
Wexford, in January, February, and March, 1831. In all the trips
the ship_ behaved as well as a vessel could do. 'Witness was on boani
the St. David on the night of the aoeident. Saw the i•cs.3ol to the tea-
ward near the Oirneshead. The weather was very lnd and the sea
very heavy, It was rough weather. Ormeshead is a Amager:tits
place. Saw her after the last repairs ; when turned out she was in •
fit state. Captain Atkinson was drowned ; he was a sober; steady.
Skilful, active man.
David English, one of the Seamen from May to the Bth of July, 1831;
—The vessel then went from Liverpool to Dundalk a nd. Beaumaris.
She behaved wiell in bad weather; did as well or better than other
steam-vessels on the same station. On the day she was IA it was
very bad weather and rained. • To start from Liverpool at ten in the
morning, and get off the Ortheshead at eleven in evening, is a lair
passage.
Hugh Jones, mariner.—She was sheathed in the gravi:v4-Jock; she
Made water after that, upon which she was put into the slip and tho-
roughly repaired, and was seaworthy. He went with her two voy4;e4
to Wexford ‘, no vessel could have behaved bettor, though there were
heavy gales and high sea. Witness knew the Spit sand and the Dutel4..
man's bank. It is a Wry narrow passage. The stronst vessel ever
'built could not bave got off the bank on the night of the accident.
Robert Griffiths, sblp.carpc.,nter.—Saw her bottom after she Was
taken to Beaumaris, and then did not see any braneh timber.
Bryan Cochrane, ship-carpenter, foreman to M'Ardle and Daney.
—Alterations in the vessel were made in August, 1841. •-A.deuble side.
ccimmonly called a sponsor, was added ; and also new boilers. She
was then perfectly seaworthy. That was a week before the accident.
Cross,examined.—Never examined her iniernally. A sponsor is 'a
false side, added to the original side.
• An engineer said there was a new hailer, Vitt It precluded too much
steam for the vessel. _ _ _

John Jones, seaman, sailed on board the Rothsay'eastle in October,
1830 ; went two trips to Carnarion. She performed the voyages we?,
according to her situation. She was rather leaky.. She was then kill
up to be put *under repair. He afterwards joined )w in April, 183/.
She was then On the ffeaumaris station. He stayed in her two month••.
She made three trips a week ; never missed ; required no repair; di:i
not leak; was thoroughly seaworthy. No danger in going in her. Had indifferent weather part of the time., She behaved as srII as any
steamer witness was ever on board of.

Cross-examined.—On the voyage to Catnarvon the parnpi wc4-.4
constantly. going. She- was v'ery leaky. She vas not saaworthr.
Jennings was captain then.__ _
_

LOrd LYNDMIRST.—She leaked on the first voyage from Liver.
pool to Carnarron. The plaintiff lived at that time in Liverpool
William Jones, Liverpool branch pilot.—l went on lae.voy.age when
the vessel was lost, as a passenger. Got on board at Liverpool. She
started five minutes before eleven. It was slack tide, rather drainin
in. It was a very heavy Sea. Captain Atkinson asked him whethr
it was best to go over Chester-bar, mi to go outside the light-ship. He
advised the latter. - She made a very fair progress considering the
heavy sea. The wind was north-west by north. Ile was on deck
while off the Great Ormeshead, but not there long ; it ;vas very coarse
-weather, blowing strong near ten o'clock, very sOally, sometimes
light.. There was a moon when the clouds were driven off. She wal
going on very well. She made no water at that titer. The pumps
were not going. He was below when she struck. Hp was continually
up and down before. She struck on the Dutchman's-bank. He was
then clown. •It was about twelve. He came•on deck. He saw Cap-
tAin Atkoinson.alew minutes after. He spoke to him several times
he was sober.. and doing .his duty ; he was rather in contusion ; he
gave orders to reverse the paddles, up jib and down jib, several times.
We were on the ground, and could not get off; there was a very heavy
sea. She was thumping heavy. The sea broke over her very much.
Many.were washed overboard. He was on the gnarter-deck. tli,
held by the wreck of the quarter-dock for about live or six hours, •
when the life-boat took hug up. She held together for two hours.
If she had not been strong, she would never hard held together half'
so long as she did. No sea-room where she struck. Had she bad.
sea-room she would have lived out the storm. • ,

Cross-examined.—He had seen the plaintiff often since. Have yoia
not said that she was a very old vessel I—l. said she was ins aged yes-.
sel. I.swear I never said she was very cranky.. (A deposition signed,
by witness was handed up to him.) I said she was rather tender.
At half-past seven some passengers asked the captain to put baCk,
He refused. There was no clanger. at the time. It Ave.s before we came
to the East Ormeshead. Between the two Ormesheads several people
asked the captain to put back, because they were sick. I asked Cap..
taro Atkinson, after the striking, to Rut out a light. Ile was then in
confusion. There was no signal by tiring a gun or putting up a
We were one mile and quarter from the land.' The jib was hoisted.
The mate said, "What's that to you ?" about,,,the boat, She struck
a number of times before the .captain gave orders to reverse the
paddles. I cannot say whetber she was to the leeward of her right
course before she struck, 'but when struck she was. I can't say
whether the steam was up. If the steam had been properly up, and,
she.had been properly steered, it is more than I can tell, in that state•
of the wind, if she could have got to that point. She kept her course
when she was off the first Ormshead. I was asleep when she was off'
Puffin bland.

Evan Evans.—Was seaman on board the vessel at the time of her
loss. On that day the wind and tide were against her ; she made good
way considering the weather; her crew consisted of the captain, the--
mate, two sailors, two boys, and a carpenter, besides a steward, under-
steward, and cook, and alivyrpool pilot. There were plenty of hands.
There were also three musicians on hoard, always ready to assist, and
.two firemen and au engineer. Between Ormeshead and Puffin Islaud
she shipped several seas, but was not in any way leaky. I was awake
when she struck, on deck,- l looked down into the engine-room. Thora
was no water of any consequence at all. A quarter of an hour after-
wards I went to the forecastle. There was no water there. I left my
watch there, and lost it. After the striking, the wind kept at the same
rate. The sea was very rough, and ran over us mountains high, Tie
' captain was attendino. the vessel, and working her according to her
manceuvres. Ile did not appear to me tabe drunk. I did not leave
her until the following morning, when we were taken from the wreck
by a pilot-boat. Had she been a weak vessel she would not have stood
there half the time.
Cross-examined.—l can't tell whether she leaked between The
Ormeshead and Pullin Island. I never said she leaked so much be-
tween Ormeshead and Puffin Islandthat the steam quite failed. I
not said " I think the captain and mate were not sober." A paper was
handed up to witness, who said, after a long hesitation, teat is my
handwriting. It was put in and read, and was the examination upon
oath of the witness, taken on the IBth of August, IS3I, in which he
stated " she leaked so much between Ormeshead and Pullin Island,
that the swam quite failed." He also said, "I do not think the captain
nor mate wer solver. "

Lord LYN talusr.—The witness has sworn directly the reverse,
of his former deposition. The steam failing accounts for that.
which is not otherwise accounted for, viz, the vessel running to
the leeward of her course on the bank.

Mr. 1'01.1.0m-11e single object of the plaintiff is to vindi-
cate himself from anv unjust imputation. According to the
evidence, he directed' the vessel to be repaired without limitac
tion,

Lord LYNDIIURST.—It is one thing whether the vessel-was.
seaworthy, and another thing whether she was unseaworthy:to
the knowledge of the plaintiff. There is nothing to show that he
knew she was unseaworthy at the time of the accident. If the
plaintiff had known the course of the evidence he probably
would not have gone on with the action. At the last repairs he
appears to have acted as a prudent man, and gave orders for a
repair without stint. I cannot approve entirely what took
place on the former voyages to Carnarvon. Extreme care and
caution are requisite in individuals who undertake to carry the
public in, steam-vessels.
Mr. F. PoLLocx.—l do not think, after the last witness's
evidence, that it would be giving the cause a fair chance So,
take it now. I submit to be called.

The plaintiff was accordingly nousuited.
The court was crowded withvitnesses. We understand there
were 40 for the defendant, had it been_ necessary to have gone
into his case.

TRIBUTE OF RESPECT TO A CLEIWYMAN,—The ladies of
Ashton-under-Lyne have presented to the Rev, John Ilandforth,
curate of the parish church, a very handsome silk robe and cas-
sock, together with a purse containing tea sovereigns, the sur-
plus of the subscription for purchasing the same, as a testimon♦
of their great respect for his personal piety and ministerial
labours.

SINGULAR CHANGE OF, FORTUNE.--A female lunatic, in tha
Manchester Workhouse, eighty-one years of age, has recently
become entitled to a fortune of £15,000, in consequence of tho
death of a brother in Liverpool. The woman, whose name is.
Worsley, has been in the Workhouse upwards of seven years,
and during that time the overseers have made repeated appli-
cations to her relatives, many of • whom are in good circum-
stances, to remove her from that place, or to contribute towards
her support; but none of them would undertake the charge of
the poor old creature. and there was every probability of her
dying as she had lived, a neglected pauper. Since they have
discovered her accession of wealth, however, a struggle has
taken place amongt these relations as to which shall have the,
honour of becoming her guardian, and urgent applications have
been made to the overseers to obtain her liberation from the
house. The parish officers have consequently taken the advice
of the magistrates on the subject and we understand that in
conformity therewith. they have determined to keep the old wo—
man in her present situation, paying every attention to her pp.-
sonal comforts, until they are otherwise directed by an;oraer
from the loord Chancellor.--Manchester Courier.