The New York herald., 1871-11-20
LONDON. Nov. 0, 1871.


This most remarkable trai oi the suit Of Itch
sorne VS.. LushIngton was resumed on the 7th inst
N the Sessions House, Westminster before Lord
Chief Justice Bovili and the special jury OF eleven
Mr.. Sergeant Bal autiie Mr. Gifard, q. G.. Mr.. Pol
lard and Mr.. w. II. Rose q pear ed ior Inc plainLiif
he Attorney General Mr.. iaS9ius, Y. c.; Sil
George Hoayman, q. g; NJ Chapman Baroer and
Mr.. Bowen for the deIenoant. MT. Henry Matthcw VS.,
.. O., was or The Doughty trustees. Mr. Jeunc aud
Nr. Purcell nave not yet returned rom Australia.
THE CASE KEoPEAED
Az ten o'cl,ck precisely the Lord Chief Justice
sook his seat and the who Of The eleven jur, men
having appeared IL the box anu answered to thcil
names The case proceeded. Tne Attorney General
said that he had received intimar on from the
LORD Cnlef Justice thai the arrangement tnat the
shorthand writer's notes should be used In aid d
His Lorusnip's notes could be no longer contihued or
his part ON account OF The expense This inflicted
very serious Duroea upon the defendant, but ne,
nevertheless, was wiling mat the notes should con
tinue to be taken a. the cost Of his Client alone.
4 X .ni,nai0n . Witnesses.
The ilrst evidence put In was that OF Mr. Joseph
shllllnglaw, which nad been taken under the Chilean
Com,ulsslon. The wi. stated tnat he was pro-
pretor Of the Coom q Mon ntv Aa9dxtn and was
in 1884 hea o. the Water Police NJ Victoria; IN
1852 the number oi ships en- Tered Was l,5y7, wnile
la 1904 tue number had risen To $685. IN the last
year the number Oi uesericfs was upward 300:
he bellcved at pr vous to the passing OF the late
act captain taxing snipwrecked crew On board
would simply lei them 20, ,hougn perhaps h, mlshl
Inquire at the Custom House wnetler thcre was any
reward.
TIE SCHOONER OSPREY
Mr.. William ]. W. Whbraliam Liarde, Of Funam
road, sail that from lo5J 10 1856 ne nved nc
SaworluEc, IOOSon's rav, anu ship con
tractor, IL 1904 remembered snip ana also a
schooner, eacn Named the Osprey arriving; /
vessels; | md not observe any persons
nut the crew on board, put was told
that there were shpwrecAcd sailors on
board; gentleman came to me about fortnight
ago FOR information about the shipping; was well
kmewn n na IN tue cyioy Us avIms sioraton upon
ina IL was an American vessel; ne q Il not tell me
thati iecolccted the name, hecduse Leng sports.
mah; ! sometimes sh0t AZ osprey IN Robson BAY;
nave known tnrec yesscs vi tnat name III Hob
sons pa, (; we boarded eyery vessel
course ot our duty; went 10 New lealand III 1896,
and saw q Vessel named the osprey taerr. Tnc
schooner was tnree ma, ed aud should say of $50
Or 20, tons burden; was IN unusual vessel and
therefore rcco.lccted IL; the snip was 10, 700
tons; l read re. or.s OF the richhorne trial. and
thee iecolle ted seeing the two Usireys; 40 not
Know wnere they came from; they we're American
vessels.
MORE Aporr the OSPREY.
IClIn tvelyn Iiardet--i am the son OF the last vii.
ness aud i've at Munster road, peohiam; resided
IN Isl tne ~I ye,S IVY ay rs.ea vssa 'ne p,ace
bourne the matter occurred; lhis was IN 1851;
the name 1 iecoiect perfectly; 1t tne
OSPREY, she MAS pointed out TO me by my
brother-tn-aw's crew; he was ihe CHIEF emIg
agent there, went ON board aud spoke 10 one Of
The men; believe went oelOre my iataer went;
NJ, am mislxken, IL mus. nave been afterwards;
the Osprey Wa, y reharkaoly large VESSEL from the
pecular RI, aud II very handsome vessel; | have
no business here ,Enrlind nut assist my father;
he is making iupor ant claims against the gGyern-
rent IN conney iun wan pepllorI D.sckyara; / was
in Melbourne Clerk to he Petty Sessions Comruis-
sioDer oi r"wn i,antis commissioner OF the
han several other o,,ices: I nave NOT read me
Tichborne tr.al; nave talked about Il: nunti,ncI
II TO ny kinsinon at Woo,ton aad about inonih
Hal N. tl n is.aAA .lA
N0rtoD; reicrred hcin TO my Ia'hcr; iad not lag
10 call nv mind 10 he Osprey iiom 1904 nnui thus
bourne: think was onls a lew minutes On board
The osprey tor WA an Nlo,is 10 get 10 my it'ends;
were snipwrccscd sailors IN D0ard antl she being
snch handsome model, i told Inc men 10 70" me
TIE FLAX sPIsNER's TESTIMONY.
Mr.. Vivian Tertius L',ckhart--, am a nax spinner
In Ficshrc, and emp oy about ive hinarea hads;
snIpi ine busincss al Niillahst0wn: my then part
Der, Mr.. Lumsded, rs dead u Was any luly 10 beard
vessels on teir arriving; on one occasion weuL 10
Melbourne III the ,onrt steamer; IL was IN tSha, IN
May, tune or July; cant say which month IL Was,
hat IL was prev,cus 10 October: II was very hot
" atrcr: the there are Just tie
reverse vi what they arc here; Know | went up
the country IN ctoi er aud II was months
previous; went WIN he comet from wiNlauls,
ton n TO MelDourne captain Uardon a;ts cap ain ot
he comet. ne Is deal; ne made coniinuhloa'
were on board his noat; ! saw ,be persons
thai he pointed out; there were ten Or
they were moi part OF tile of The steamer, .ncy
were passengers - wen as wds: Wiiiainstown u
ten mlics iroiu McirOufnc; they looked hSe num-
her 0, Saaols wno had cone OF sl,p; had con.
versaiion W IN ihein; tpci Mefe not al LnSilsn;
talked with inein lohg il,ne; did mol sec
any sea nokes with them; ] cannot say about
Their dress. exce.t tnat they wee Known as
sailors; there vas shil's carpenter WIN lncm. my
conversation VAS cheny WIN Inn; my impression
is thai he was Welsnlnin he pointed oui a vessel
lying Il long way out; sie mad ,hrec mi>ts: uoit
Know nur tonna.e Melbourne uar0or al the tine
yuS
was panied black and had an eliptica stern: a that
Tine crews renciaiiy dcse tch ~ sdon AZ they got
there; my attention. nrst called 10 The ichuorne
case about 1861: the Comet WAS believed to have
gone down IN ,s64 Will, all hilnds, J aid IN 1867
thut u vas IN England wnuii tell hcm some
thing o. tho vessel; uavc no interest whatever IN
TINS case, on one side or onrr; ! have no douDt
Tins crew; nave always thought so; iie lersOn
who seemed captain came iroan the same vessel ns
the men.
Mr.. John Steer am cdrponer ana In 1854
tcmoer. 1856 and arrived there on the Isl OF April;
remained IN Melbourne tor a fortnight, and then
traded 10 LaunccSton; tue 5'h OF June returned to
Melbourne and remained there uniii August; wnilo
there my .ttc.i,ion was cael To u vessel the
Bella; met sllipmac OF mine, ano Nc SAID that
the crew the ictla mad been picked up this last
sIatcnIen n,d Lcing cyuicncc was ouiecied toI;
did not see The Beia; there was another vessel; I
d,d not sce her a, any illilc
Mr. Sergeant Batantinc said the other witnesses
would arrive from abroad upon th,s part vi tic
case, aud w0nld bc subsequently called.
1nE Old BOrv SERVANTS sTuKY.
Mr.. John Moore rccallcd- have not spoken 10
the plaintn siucc was last examined, but nave
seen bm Ia Court; nave no DOUBT whAte ef tkat ~
H. nv 0id mHser. have recollection ~ ~ another
acc,denf than tnat OF the nook: he caught more
than one aibalf oss; ACCIDENT occurred With the
fish hook aud the other with the Wig 0f The alna-
tros,; the bird struox him with The wing; ihls was
ON the Deck
q. 10 you remember anv statement OF your mas
ter as 10 now long nc would be away when on ooai
the Pauline? A. lie varlcd very much; sometiuGS
nc said he might bc away oghtcen mouths, ,hen TWO
wears aud a hat, aud hen, Ill Will bs onY umo
bciore my friends sec me sain;n I rememDey the
spinning the tsrcord on board the Pauline;
did not IN the hr-t instance refnenlper
the tnct; my remembrance WAS called 10 y
by the claimant mentioning u; I oeIieve
asked him what ne rcc0lccted on board the Pauhns;
he SAID lie reculeCled the tareOru maciune; uW
not recUliect uil bc shovel me the inoiion, anu
brought Il vividiy 10 my mnd ne drew rough
sketch which Is would I've uiiLcu ~ unuvis'nau' nc
rernnuen me OF a barrel IN, right hand SIDE, on
the poop. gong into Tue vtssei; nc rencmoe,e'
al.luf nIsIS illlrA ~