1878-01-12 — Page 5

No. 4534-JANUARY 12, 1878.]

Mr Russoll asked Sergt. Bremmer if he had any further evidence to produce, and the Sergeant replied in the negativd. Mr Rassell said that, after what the Judge had Bald in a recent case, he should have thought the Police ought to have made some arrangements to get reliable evidence to determine the value of coins said to be -bano

Defendant said On the 8tb, 9th and 16th I was not in Hongkong, and I arrived here yesterday afternoon by the 8. S. Kiukiang. Before leaving Fatshan a rola tion of mine gave me I feel and 3 mace and the dollar marked D. I do not livs at Hongkong and went to visit my aunt whe liven behind the Tung King Theatre and my aunt had no rice, so I went to com- plainant's shop and asked for a dollar's worth of rice. He looked at the dollar I said if it is sopper return it to me. The complain Bat was very angry at the time. I said I have got 10 cents and some broken silver. I was never in Hongkong before. 1 know nothing of the $3 marked A. B. and C. A carpenter on board the S. 8. Kiukiang could certify that I came down yesterday,

Mr Russell committed him for trial and directed the police to get a warrant and search the Aunt's house,

and said it was copper.

SUPREME COURT.

IN CRIMINAL SESSIONS.

(Before His Honor Mr Justice SNOWDEN, with a Special Jury.) Jan. 12, 1878.

A SPECIAL SESSIONS.

been shown that he neglected some duty towards the deceased as one of the publio using the highway.

THE GHINA HAIL.

borne in mind. The Chief Engineer not being aconstomed to this kind of gusset stays could not be expeated to conoludo that the gnasot stays had been so dan gerously eaten away, especially when their ostensible appearance was so deceiving. The peculiar construation of these gusset stays required extraordinary knowledge, ao that the want of a knowledge of them would not be a want of ordinary skill imposed on a ship's engineer by law. The learned coun- sel then quoted from the evidence to show that the 1st prisoner had made examina- tions, thus proving that he had not been guilty of such want of common prudence and care in the performance of his duties that should render him criminally liable. He then referred to the existence of a eye- tem of Government inspection of boilers Sco. in England, and this precaution tended to shew that the testing of boilers did not come within the range of an engineer, of ordinary skill.

The Court was then adjourned.

.

gusset stays in American boilers, and I only unduly against the prisoners, but in this proceed with the planting of paddy and saw gusset stays once in English-made case he thought he ought to reply to the secondary orops. The affee, tobacco and boilere, that was in the Luzon. They were learned counsel's arguments. He contended kapas plantations had suffered greatly from The Attorney General said it was a quee

all eater away at the water level. An ordi- that this was not an error of judgment, and the continuous drought and heat, tion whether the case was correctly reported.

nary engineer, who is not a boiler-maker, cited a care. Where a person undertakes

The Straits. Mr Franciasaid that hundreds of other casoa

would certainly be deceived by such stays upon himself the discharge of certain duties,

(Straits Zimes.) showed it. Even in the case of the Penge.

as those in the Ferso. I knew Mr Bernard he is bound to exercise ordinary care and

It may be known to some of our rendérs murder it was part of the sharge to the Jury

personally; he is a first-rate engineer. I skill. The Chief Engineer would be respon→

engincars. at the trial that, unless there was a legal

have never heard that he was not a good and sible, so would be the second and third

They had taken upon them that a Mr Routledge has invented a pro- duty incumbent on the different parties to

economical engineer in running a ship.

By the Court-An extremely careful solves certain duties, and in the discharge cosa, for which he has obtained a patent, provide food, no neglect of which they might have been guilty of-neglect of a moral

survey of the boiler would have discovered of them, they should bring in reasonable for making paper out of bamboo as a sub- eare and skill. As to the cause of the acci- duty-would be sufficient for a conviction.

the corrosion in the stage. Engineers as a

scarce, and, Me Routledge maintains, is far if the prisoners by their nuglect caused the Inferior to bamboo in quality. According If he neglected to provide his own child or

rule, whion they go into a boiler; examine all dent, no matter how it was brought about stitute for Espartero grass, which is getting wife with food-in reference to them he

parts of the boiler.

Mr W. H. Forbes was called:I am the nocident, they would be guilty of culpable to the Rangoon Gazette, & Burmah Fibre would have a legal duty-and if they died through his neglect he was culpable, but if

head partner of Messre Russell & Co. here. negligence. He would ask the Jury the Company has been started in England with he allowed his greatest friend and benefactor

The let prisoner was in the employ of the question how the gusset stays came to be a ospital of £25,000 to work Me Routledge's to die in a room next to his own he would

company as 2nd engineer; he was in our ser- in that state, and how they could have patent in Burmah, where bamboo to an un- not be guilty of any crime in the eye of the

vics for 5 or 6 years. He was 2nd engineer come to that state if the engineers and Imited extent and of every description can be obtained, and, once commanced, Mr law, He said the only duty incumbent on

of the steamer White Cloud. He bore the been exercising reasonable care and skill

in looking after them. The Jury must Routledge thinks that bamboo.converted the prisoner was the duty arising out of his

very best character.

Mr Hayllar then summed up his case. alse ascertain what were the engineer's into a fibrous staple will assume a promin- contract his duty to obey orders, and he

From the evidence of Mr Dunphy, it was dutics. It was their duty to have look-out a position as jute has done, We draw had no duty whatever imposed upon him

clear that the stays were of faulty construc-ed after the engines and machinery. It attention to the subject because It seems to was also the duty of the 2nd and 3rd as that abundant supplies of bamboo could with reference to passengers or other mem-

When the Court resumed, Mr John Inglis tion, and an ordinary careful engineer had

be obtained here in the Straits sa well na bars of the crew, and he could not be ren dered liable in any action for damages. The was called for the 1st prisoner:-I am a right to assume that the work was properly engineers to report anything wrong to the

the weighting of the safety Chief Engineer. It was also in evidence in Burmah. only persons liable for any duty towards mechanical engineer. I came out in 1884 done. As

We are informed that lately there have the passengers or publis wore the owners as Engineer for the Mint, I am carrying on valve at 30 lbs, it was proved that the that the gusset stars were corroded. nine and Captain who undertook a certain duty business here under the style of Victoria vessel was never worked up to that pressure, months ago when the boiler was examined, been seen a large tiger and two dubs prow towards them. He submitted also that Foundry. I know the old boilers of the so that it was immaterial at what rate it was and nothing was done to them up to the Ring about the vicinity of the 12th milestone there was no evidenos of any duty incumbent Yessos they had longitudinal stays. The weighted so far as what had happened to the time of the explosion. Four months after on the Changhie Road, and that they killed upon the prisoner, legal or otherwise, but if boilers lasted about nine years. They were boiler was concerned; it was outside the the Chief Engineer again went into the and ate two dogs belonging to a Chinaman. His Lordship should be of opinion that there once sent to us to repair, and the Chief question at issue. Mr Hayllar then com- boiler, but satisfied himself by only asking The large tiger, furthermore, seems to have was some evidence of a duty put on his Engineer painted out what was required to mented on the absence of any report as to the 3rd engineer about the stato of the had a narrow escape from tumbling into a shoulders to report, which was the only ne-be done. The condition of the hoilers then, the state of the gussete stay from the 2nd boiler, when he knew that nine months ago deer er-pig pit, his khubber having been gligence of duty alleged against him, then shewed that the engineers had been very and 3rd engineers to the Chief Engineer. It the gusset stays were already corroded. traced to the edge, where his fore-paw dls. he submitted that that was altogether too particular with them. The parts which was ourious there was no case where a As to the 3rd engineer, ho had found out barbed the covering, leaving a graze on the remote from the explosion and death to required repairs done to them were the person was convicted for bursting of boilers; the defects in July last and then had the edge. The tracks then led away in the render him criminally liable in any shape er superheater and the bottom part of the there was one person prosented, but not conversation with the 2nd engineer, who direction of the Sirangoon district. We form. It had been desided in numbers of boiler. I have seen the present boilers, convicted. As to error of judgment, the doubted the stays were stays at all. But understand, that Mr. Carnie, whose nerve. cases that the death must be the direct and The fracture in the starboard boiler was learned counsel cited the oase of the Mistletoer an ordinarily skilful man would have found and coolness, is may be remembered by THE "YESSO" EXPLOSION CASE,

Theodore Bernard, Obief Engineer, and immediate consequence of the neglect of Wm. E. King, the 3rd Engineer, of the duty charged, and he submitted to His sused by the chemical and mechanical it was held there that a man could not be out what they were, and the 3rd engineer some of our readers, were displayed many near Bukit Timah, while In the set of action combined. Boilers with gusset stays convicted of manslaughter caused by error ought to have informed the Chief Engineer. years ago, in shooting dead a large tigress the fear of being snubbed, but that was charging, has gone on the track of this British steamer Yesso, were arraigned on Lordship that in this case, if they were to of that kind are generally land boilers, of of judgment, unless it was a culpable crror of The reason he gave for not reporting was

Cuuso and effect, there small diameter. Fresh water is generally judgment. two counts of manalaughter in causing the trace the chain

Capt. Ashton was called by Mr Francis only a very lame excuse. The Attorney tiger, accompanied by two old Shikarie' death of one Teang Asam and one Mahomed would be many intervening links between the used in them. When the surface of iron is

successful. Kop, on the 22nd November last by the neglect of duty by the second prisoner and oorroded, corrosion progresses more rapidly for the 2nd prisoner. He was called to General finally submitted that the duty of

Counterfeit sovereigns are reported to be explosion of the starboard buller of the the death of the deceased. There was the at the latter stages. When iron is subjest prove the positions of the engines and the the Chief Engineer was to have seen that his trackers, and we trust the hunt may be case of the Queen against Pocock, ined to straining and vibration, it is liable to boilers, &o. The prisoner usually chooked subordinates had done their work, and to The Attorney General, the Hon. G. which certain persons whose clearly legal crystallization, which destroys the fibres. the wheel when the steamar arrived, and to have seen for himself that the boilers wore in circulation in the place, but nothing ha

of the 2nd and 3rd engineers to bave amount. Philippo, instructed by the Crown Solleitor, duty it was to keep a road in repair The gusset stays did not appear to me to be do this he had to go upon the hurricane kept in proper order; and it was the duty transpired as to their origid or shatr Mr Sharp, appeared for the prosegation, neglected that duty, and a person driv- of sufficient thickness; I should as a matter deck.

Mr Alfred Hedley was called:-I and kept the boilere in proper condition; their a breach of duty. Me Hayliar, 4. C., Instructed by Mring along the road fell into a hole left of practice have use of an inch. The Foreman boiler-maker in the Naval Yard; not doing so was

THE P. 0. CONTRACT.***** The Indian papers are just now dis! Brereton, appeared for the first prisoner, there by the neglect of the persons whose back plate was laminated and of poor iron; and

duty it was to keep the road in repair, laminated iron is weak in strength. The have been in the Naval Service for 18 years, He also explained to the Jury what man-

slaughter was, and that the punishment aussing the mall contract with the P. and These persons were indicted for manslaughter samples shown me (taken from the broken and 10 years foreman hoiler-maker, and it was bald.

plate) seem to be made of poor iron; it great many bollers have passed through my for, it ranged from imprisonment for life to O. Company, and the terms upon which it should be renewed when it shall terminate. As it was now to do'olock, his Lordship on the 1st February 1880. The present should not flange like that. I do not think hands. I am thoroughly acquainted with small fine. His Lordship: Were they trustees P The following special Jury was empan elled; Mesra H. B. Gibb, Thos. Pim, W. Mr. Francis: Yes, My Lord. It was their it is Lowmoor iron. The other pinos (3rd the quality of iron plates. I have examined

provident one for the public. It is pointed Wilson, A. G. McG. Heaton, J. H. Reme-olour statutory duty to keep the road sample) is of Lowmoor imon; Lewmoor iron the broken plate down below, and the pieces postponed his summing up until 10.30 am. contract is pronounced to be a very in.

The fractured part is

out that steamers now-a-days could osally dios, W. H. Landstoin, and D. Ruttuajes. in repair. It was laid down there first, that is the best iron and is more expensive. Iin Court, The iron was of a remarkably on Monday next.

This case was resumed to-day.

perform the mail service between Bombay the neglect of duty, must be immediately should not have expected. the plate to have common quality.

and Brindisi in eleven days, whereas the P. The Attorney General proposed to put in connected with the death and, secondly, that worn off so much after only three years highly crystallized and fibrous. I took two

and 0. contract allows seventeen days. In the statements the prisoners made at the not only must the negligence to make a person us. Going inside the boiler, the backs of pieces off to test them at the Naval Yard. Coroner's inquest.

the same way, the Company is allowed 40 This was done, the guilty of it liable for felony be personal, the stays would be visible; the lower part From the results of the test I am of opinion statements of one prisoner against the other but it must be the immediate result of that was completely gone, but the upper part that it was not Lowmoor iron, a very com personal negligence. Now the duty in-was of the ordinary thickness. From what mon iron indeed. I have a ploce of Lowmoor

The proprietors, Messrs. Federico Furthermore, there are steamers may My Hayllar: Before laying the ease before cumbent upon the first engineer, if any, was I saw of Mr Bernard, and from the con-iron in my hand, it bends without showing the 1st Jan. 1878, in the district of San Fer- the voyage could be done in 28 to 23 days. the Jury I wish to sek for some points to be to report to his owners and have that dition of the old boilers, I consider him any sign of lamination. Every Lowmoor naudo. reserved. I think this is a proper time to boiler repaired. In the case to which I am a very careful engineer. I have personal plate was stamped; the stamp was generally Feraud & Co., guarantee that the clothing crossing the Atlantic, 8,050 miles, in eight do it. Under the 8th section of 2 of 1889 referring the road surveyurs or trustees experienes of the bursting of boilers. As a pat ontside in the making of hollers. I have shall not be deteriorated by washing, and days, thus averaging a speed of 16 knots your Lordship has power to reserve points, were not to report the existence of the hole practical ship's engineer, I should think looked for a stamp in the broken plate, but the ironing will be carried on under the very an hour, while the F. and O. Company is and I think it will be a convenient time now themselves, but to enter into a contract and that a person net accustomed to these could not find one. The greatest corrosion system carried on in Europe. The clothes allowed thirteen days for the very sme to mention them. The first point is with make arrangements for having it repaired. stays might not have expected them to be in the plate down below was at the lapping. when the occasion requires, shall be mended distance between Southampton had Port reference to the duty of the Chief Engineer With reference to the third engineer he is a worn so far in this manner; he might have I think it gave way thore first; a good Low- before returning, which if it is an advantage Said with, as a rule, far fewer diffenities moor plate would not have torn off in that for the family, is more so for the bacho- from Boa or weather. And, meanwhile, the manner. On that plate there were light lor. The price is $4 and $8 per 100 pieces Company is drawing the enormous yearly subsidy, of £588,000. The Indian papers, Engineer, who is defended by my learned duty. It was not in his power to get that

Ivilo, Doo, 18.--The sugar trade is much in stating these facts, arge the Chambera friend, Mr Francis-thut the only duty boiler repaired himself. It was his duty to did not appear to corrode to that extent angled irons, which were stays in them- ladies' and gentlemen's respectively.

selves; therefore it should not have been really thrown upon my client is that cast report to others; he ought to report to all at once: it must have been going weak there. When the plate was in its discouraged in conesquence of the lowness of of Commerce to take steps in time before upon him by the owners. That duty was to somo one else whose daty it was to on gradually for severd months. exercise a general eupervision over the en-contract for the repair of the boiler, and scarcely give an opinion as to how long the place in the boiler, the extent of the corro- price, the superior is quoted at $3.3 reales, the expiry of the presont contrast, to bring gines and boilers and to use his own disore- say that duty is altogether too remote from corrosion has been going on; appearance of sign would not be visible to the eye if you and the current from $2.8 to $2.4. The pressure to bear upon the Home Govern tion in doing so. Then this is the point the death of the deceased to render the decided corrosion might have been visible only made an examination with a larap. same is the case with the grains, general as ment in order to have the new content sing the speed and the general improve that he did exercise his own discretion in second prisoner in any way liable criminally nine months ago, but it is dificult to say, Tapping would not reveal the defect; it is the cutting of paddy throughout theso dis- making certain examinations and in appor- for his conduct; and with reference to that as one iron may deteriorate faster than required a good hard thump, but it was in triots, the stocks of native and Saigon rice made open to tender, with a view of increa Cross-examined:Lowmoor iron varies in given by the natives for the new grain, proposals, it has been mooted that the tloning certain duties to his subordinates, same point I submit that we have had clearly another; I cannot say even six months. If such a position that it could not be thumped, fall tinappreciated, owing to the preferensament of the mail service, Among other which he had power to do, and there is no in evidence that the immediate, proximate careful engineer finde signs of corrosion, evidence of any neglect in selecting those cause of death was the undue and unusual he would examine the boiler once every six quality. I have found Lowmoor plate is- thongh at dearer prise. There is no opera- Indian mail service should be separated subordinates or in apportioning the duties to pressure of the steam in the boilers & fow months. I did not see any sign of lamina- sued by the navy defective. We have to tion of importance in Sapanwood.

tion in the portion remaining of the test. It is possible for the broken plate to

Fairbanks.-These who believe that ad. them. Then the second point is that there moments before the explosion, caused by burst plate. Becond class iron would flange be Lowmoor, but not probable. I could had had brought to his knowledge at any time ing the fires, and that for the manage too. A class of Yorkshire would bend too, fange a common piece of iron like that; vertisements are worth nothing or very or in any way, that the boilers were in a

ment of the engines, the regulation of the and I think that plate was made of York- any skilful man could do it. The Lowmoor little, we can answer to-day by a fact which dangerous state, or that either of them was pressure, and the drawing of the firos, theshire iron. It would deteriorate faster. The stamp may have been put on the inner side, cannot lo gainsaid. It is nothing more so; and that, so far as ho was concerned, this scoond engineer gave the orders, and be plate was corroded more at the part of the but hardly probabla. It was a very thin or less than thut from New York, the Commerce here and in Chiba, along with as a mere matter of scientific inference; was actually in charge of the engine-room angled irons, but it would require drilling plate for its size: I should have used 5/8ths manufacturer of Fairbanks.ecales has been the general question of the improvement of

steamer.

Mr Francis, instructed by Mr Dennys, appeared for the second prisoner.

being struck out.

I have nothing to do with the Second step further removed from that primary easily overlooked them.

By the Attorney General-The staye

is no evidence that he knew at any time, or

may mean.

I

a sudden increase of heat through draw-

I can

to ascertain the extent of the corrosion. If

Manila.

(Translated from Mañla Papers.)

a

A laundry establishment was started onto 44 days from Brindisi to Shanghel, while

Java Items.

from the Straits, China, and Australian services. This is a question which concerns us here, and which most likely will be

Commerce. It is one, therefore, which insisted upon by the Indian Ohambers of deserves the attention of the Chambers of

credit

+

#1

Old Patna, maal None

2)

New Romanes, cash, 570

13

cradit,

Old Benares, cash,

01

credit

"

Now" Malwa, cash,

139

credit, '680

Allowance Taeis,

Old Malwa, caah, me

credit, 70000 Allowance Taels,

Exchange,

A

30 days' night,

13

3/102 3/11

Ir

8/11

TH

941 415

Mexicana, *** *** Gold Lent, English Sovereign,

DIG

225

5.08 Australian Sovereignty ** *

8,00 Discount,

8 a 10

plates. Lamination cannot be detected advertising these latter in the Manila that in failing to draw such inference he at the time. Then, there was what was men-

would not cause it to laminate. Boilers a merchant here ordered out a supply of

Quotations welco he is not charged with the omission of any evidenco as to the worthless character of the he could find out their state without much should be tested by hydraulic pressure once the seates, and has already sold a large only committed an error of judgment; that tioned by Mr Huyllar, the very strong one's attention was called to the gusset stays without heating the plate. The explosion journals: owing to these advertisements, the mail service.Straits Times.

HONGKONG, January 12, 1878) **? one specific act-he emitted to perform the plate itself, but perhaps that is a question difficulty. If periodical examinations were every six months; this is done in the Navy. number of them. At New York people whole of his duty, and that is insufficient; for the Jury Upon these points, that the made every six months, a careful engineer I tested two boilers yesterday while they understand that an advertiroment makes

its way, and gets into the hands of persons OPIUM, New Patna, cash....$600 and that the proximate cause of the noci prisoner had no legal duties towards the would have found out their condition.

By Mr Francis for 2nd prisoner:-The were standing in the ship. dent was the faulty construction of the boil- decessed, and that the negligence of his

Re-examined:-Whether that plate be who require the article advertised-Ce- era, There is a great body of law on the sub-duty, whatever it was, was not the immediate Barious deterioration of the back plate lay at Lowmoor iron or not, it was a very common mercio, 14th December.

In Pangasinan the sugar crop was a short ject, but I do not propose going into it new, and proximate cause of death, he submitted the lower part of the plate, and with one indeed, and I should not use it for that

Hie Lordship: My proposition to the there was no case against his client to be the angled irons there, nothing short of purpose. It was bad in quality and thin one by last accounts, the canes being mostly

drilling could have discovered the do-

sickly and dried up. Business prospects for Jury would be that, in the absence of any left to the Jury.

1,876 were not glowing; the rico crop siso rules which interfero with it, the duty

Mr. Francis then addressed the Court on not being abundant. It is expected that, His Lordship said he thought the Fury, terioration. Drilling was only need when in proportion to its size. imposed on a person who has cure of muchi- with regard to the second prisoner, would there was strong suspicion of the plate nery of this kind, is to use reasonable skill have to consider that acting in a subordinate giving way. From experience, I have seen behalf of the 2nd prisoner. He said the three years hence, the said provines will case was divided into two parts, one part of have another article to export, namely coffee. and caution, and, if he omits that and death capacity it was his duty to use reasonable plates of six years' use very little worn, so ensues, he is guilty of culpable negligence, skill and care in dealing with the dangerous that mere length of use would not have been the defence would hold gard: with reference One landholder alone has 50,000 young amounting to manslaughter. There was one machinery under his charge, and that if he reason for drilling a plate. Tapping could to both prisoners; and the second part with

other coffee estates bosides. Many of the other duty imposed upon the Chief Engineer, failed to do so, he was guilty of onlpable not have discovered the weakness in this reference to the 2nd prisoner alone. But coffee trees on his plantation, there boing and that was to superintend, whatever that negligence. He would reserve the points particular plate. Even if I saw the gusset the main question was whether the prisoners coffee trees on them are in bearing, the

berries large, and of good taste and smell. stays in a bad state, I should not have suspected were guilty of culpable negligence or mere placed before him for consideration.

In the province of Batagan many articles The Attorney General: There is only. ons tomate that I would make, in cun- behalf of the 1st prisoner. He contended be of the proper thickness. The bulk-head 2nd prisoner alone, the first question was, fested for being forwarded to Paris for Mr. Hayllar then addressed the Court on the plate to be weak, assuming the plate to error of judgment. On this point the de- fence would hold good for both. As to the

of manufacture and produce have been Bank, on demand,

6 months” sight, ..... sequence of what fell from my learned that there were two grave defecte in the outside prevented the plate being examined friend in regard to the neglect of duty. He construction of the boilor. The lat was the from outside. I have seen perhaps 8 or 8 taking all the facts of the ease together, exhibition. By last advices, it had not yet said there was no case in the books in regard construction of the stays, which should have explosions, and among these instances I whether there was any responsiblity attack

be held an exhibition at Manila of the Documentary, 6months sight,.. 3/11 to specifle note of negligence. That is not The 2nd was that the plate was not made of was very deceptive in appearance before the The second question was to what extent was Philippine articles to be exhibited at Paris Bombay, demand Rupees, to general negligence, but merely in regard bean made to last as long as the shell itself, have known one in which the iron explodeded to him, and had he charge of the boilers. been decided whether or not there shall Credits,

Shanghal, demand... Bo. There are cases reported where death Lowmoor iron at all, and if of Lowmoor explosion. This was the bottom of a boiler, duty imposed on him. Now the 2nd en-

The gineor was the person in charge of the engines was the caso at the time with those for. Calentta,

30 days, has been caused by negligence on the part iron, it must have been one of a very in which exploded from over-pressure.

In Isla de Nogros young locusts had of persons who omitted to supply necessaries ferior quality. The law only required that iron appeared to be only & little thinner at the time of the explosion, and he superin warded to the Philippine Exhibition. and so forth, and Lord Campbell himself, I a man should exercise ordinary care and Assuming the plate not to have been stayed, tauded the drawing of the fires. The plate think, roferred to a case of neglect of duty skill, but the 1st prisoner was acctistomed the bursting pressure of a good Lowany was faulty in its oinstruction, but it was not committed such ravages that the cane fields Bar Bulver, 17, dwts. B., Tory nearly resembling the present one. to boilers of a different build, and could not plats of that size and proper thickness at a place where one expested a weak point, were almost bure as it from fire, and cattle Sycoe,

examination, the space between not being The most recent onse of that description was be expected to anticipate a defect in this parti would be about 50 lbs., it could safely and it was so placed as to be inaccessible to were deprived of pasture-Straits Times. the Fenge murder case.

onlar boiler. The learned counsel then re- carry 20 to 25 lbs.

Re-examined by Mr Hayllar-Estimate sufficient to admit of a hammer being used.

(From the Straits Times.) Mr Francis: On behalf of the second pri- forred to the law of manslaughter by neglect

This morning before the Court of coner I vesture to submit to your Lordship of duty, end quoted the pass of Reg. v. of the length of tamne at which deterioration The Immediate and proximate sause of there is, in point of law, no ease that ought Downes, & case where the prisoner was had become dangerous was only a matter of the accident was the result of an error of to be submitted to the Jury.

indicted for neglecting to supply medical speculation. There was no data to go upan.judgment on the part of the and engineer, Justlos here, a beginning was made with His Lordship: Do you call witnesses ?_ aid contending that culpable negli should think all these stays were made of who allowed the steam to run up to the the case of Peter Lyons, sailmaker, of the Hongkong Bank, 60 % prem Mr Frausis: Yes, my Lord. In the Arst geass rendering the party lable to indict the same quality of iron. These were not pressure at which the explosion took plece. Mary of Rotterdam, charged with murder Ualon Ins, Society of Canton, $1,100 place, I submit, there was no legal duty ment, should be of a reckless character, the kinds of stays to be found in American The next proximate cause of the accident was committed in the roadstead here of Extrom, Ohlus Tradera Ins. Co., 28,000

the inherent defect of the plate, and the dete the boatswain of the aforesaid vessel To Chinese Insurance Co., $203 whatever moral duty there may have been and not of a kind of ordinary omissions, engines

By the A. G. through the CourtThe rioration which could not have been detected day there was only examined the first wit Yangtase Ins. Assos, Tio. 565 incumbent on the second prisoner with The chief engineer in the exercise of his

The defence was conducted by Mr LK. Fire Ins. Co., $685 reference to the deceased, and that, unless discretion left a good deal of his duties to working pressure of a plate of proper thick at that place. If these were the causes of the ness for the prosecution, De Vries, the first North Chine Ins. Co., Ti, 860

During the sitting of the | Chins Fire Ins. Co., $175. there was a legal duty towards the deceased, be performed by his subordinates, and, as to ness without stays would be about 20 lbs. at Recident, the prisoners would not be guilty mate

of onlpable negligemoe. As to the second J. Haakman. my client cannot, in point of law, he made be found in the evidence, he left the special the outside. The plate as it was would not prisoner himself, it was reasonable that he Court this morning the following incident H.K. & W. Dock Co., 6% dla,

When at the request of the E.K, 0, à M. §.-bont Co., 14 % dis Bable for any negligence whatever,

duties of looking after the engines to the I should say, safely carry more than 19 or 2nd engineer, and that of the boilers to the 14 lbs, and the bursting pressure would be should conclude that the plate was made of happened

the proper material and proper thickness, prisoner's Counsul asveral questions were shanghai Steam Navigation, 114, 28 3rd engineer, but whether the 3rd engineer a little more than double that quantity did his duty properly or not, the learned Me Wm Dunphy was called I had and he had no means of knowing that it put to the witness for the purpose of making the second prisoner was the duty arising out counsel had nothing to do with it, as he had been manager of the Novelty Iron works for was not so) and he did not expect that the his statements more precins, he, beginning of the contract with his empleyers. In the only to shew that the duty of looking about nine years, and sua boller-maker, plate would be weak at this point. That to be nervous and perhaps being under the case of the Queen versus Thomas Smith, after the boilers was left to him by the I have made hundreds of boilers of Ameri- being so he could not have been gailty of impression that he was suspected of having reported on page 886 of the last edition of engineer. From the evidence, it was clear can models, I made the White Cloud's neglect of duty. The only misconception of testified sontrary to the truth, suddenly Enssell, the prisoner was a watchman at a that no report had ever been made to the bollers. I always made the stars round his duty was that he did not report to the burst out into tears and declared that he spot where a tramway and an ordinary chief engineer, and nine months before the I have seen the stays of the Yease's boilers chief engineer the state of the gusset stars was but a sipple seaman, but that before (Taken at Mestra Faisoner & 003 Prontass highway arossed each other. The prisoner accident, he made an Inspection of the they were not properly made socording to when he found them corroded but it was God and with thoughts of the prisoners was there for the purpose of warning people engines and boilers, and he said they were my viewe. Some bollers would destroy their in evidence that on board American steam wife and children, whout perhaps he was In case of danger. He absented himself from not in their presont state; they were a little stays quicker than other parts of the boller. any spot, we that the staing do making miserable, be old 108 his post and neglected his duty, Somebody corroded, but there was nothing to be The White Cloud's stays were made seven first assistant, so that if the 3rd prisoner state otherwise than that he had seen the

of his If it Was Dagblad, 18th Nov, crossed over the junction and was killed by alarmed about. The scientific evidence was or eight years ago. I do not know in what made the report to the chief engineer, he prisoner commit the murder. Batavia Do 1 280,400 e passing waggon. It was held in that case vary important on bertain points, duch as state they are now I hear they are very would bought to have dono- és eccruing to as latent official Advices that there was no duty towards the deceased, the present state of the boilers, but it must good yet. The part of the boiler at the thought that he as one of the public, incumbent on the be taken with great caution when it gave angled irons corroded faster on account of his not doing so would be only an error of trout Palembang, falt fell there only onse watahman--that the prisoner was merely a an estimate of the probable time at which the greater heat at that part. I cannot say judgment. And however gross that error of during October. A long coatluued drought private servant, and that consequently his the boiler must have been in a dangerous whether the exploded plate of the Fesso dgment might be, that would not render prevailing thors had made the state of the courses in several districts could not be neglect did not constitute such a breach of state and could have been defected; as a was made of Lowmoor iron or not the iron him criminally liable according to the ruling water in the rivers so low, that the Waters anty as to make him guilty of manslaughter, matter of fact iron corroded much faster was shelly or loose, The frott shewn me in the Mistletoe case

The Attorney General briefly replied, made use of for the carriage of produse, In a foot-note to the case it was stated that when the surface was enten sway, And was not good iron; I should not have used to prove the prisoner guilty it must have there was another point which must be it for that purpose I have seves denn | He said he had no desire to press the esse The people were awaiting rain in order to

His Lerdehip: The deceased aro a passen ger and one of the crew.

Mr Francis: The only duty incumbent on

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