Imatges de pàgina

Mr John Lennox, superintendant which he answered distinctly, that he of police, Greenock, after seeing two did. men lodged in custody who had been The declarations of the prisoners brought up by the guard from Shan- were then read. non's close, went down with the guard to that place, and saw a man with a

EXCULPATORY PROOF. musket at a window. The serjeant desired him to give over firing. Wit- Malachi Clinton, soldier in the 13th ness called out to him he was master regiment, was in company with the of the police, and for God's sake to prisoners on an evening in July last. desist firing. The answer that was gi. They had some drink together. Surven was, " I don't care a d-n for no rage and witness saw two persons man.” When the serjeant went up to home to their lodgings who had been the room, witness heard the same man drinking with them. When Surrage say, “ You villain, I will blow, or and he returned to Shannon's close, knock your brains out.” There was a they met a woman and a man; but gun fired at the time, and the guard whether the woman spoke to Surrage, were in the close. Heard the serjeant or he to her, does not recollect. The go up to the room, when a scuffle en

man gave them abusive language, and sued; and the serjeant came down, wished to fight, but witness would not and said he could not get them out allow them. Got Surrage to Quin's without more assistance. Witness de. house, where they were followed by sired the serjeant to send for Captain some persons, one of whom threw a Shearman, which he did; and, on the stone, which struck witness on the captain coming, the men were se- temple when at the door, and which cured, and lodged in jail. Beck was knocked him down. At this time Surin such a state of intoxication, that rage and Dempsey were outside the he was carried down stairs. The door fighting with some persons, and height of the window from whence when they came in, they were cut in the shots were fired was ten feet eight the face, inches from the ground. The sash of Mrs Cochrane knows Surrage and the window was lying close to the wall Dempsey; they lodged in Quin's of the room, and apparently had been house, next door to hers, and betaken out for the purpose of allowing haved very quietly and decently all the soldiers to get out their heads. the time they were there. On the The panes were broken by trampling night of the affray in July, her seron. There were no stones in the room, vant came in and told her, there was and none of the panes of the upper a quarrel at the head of the close, sash were broken. Did not see any and that Lynch was away out with a part of a window.shutter in the room. bayonet; on which she and her hus

Dr J. B. Kirk read certificates band ran after him, and took the which he had made out of the state bayonet from him. Dempsey, Surin which he found Morrison, Simp- rage, and one or two others, came to son, and Pearson, which he now veri. the door, and called to get in for fied. When he found Pearson was God's sake; when her husband opendying, and anxious for the ends of ed the door, and they all got in expublic justice that the truth should cept Dempsey. He soon after also be known, he put a question to him, got in, covered with blood. The winin presence of his wife, whether the dow where the soldiers lodged was man who fired at him took aim; to broke from the outside. Next morning, witness found her window-shut- voice from the window cry,

« Take ter in the soldiers' room ; it had been care!" Saw the window driven in by torn off by the mob, who swore that stones or sticks. One or two of the they would have the by souls of mob had sticks. When the firing the soldiers out of them. Heard these commenced, was within a short disexpressions three or four minutes be- tance of the window. fore the firing began, and thinks the Sir William Williams, lieutenantmob'would have got in had it not been colonel of the 13th regiment, knows for the firing

all the prisoners, who bore good cha. Cross-examined.--Dempsey and racters. Surrage was always an exthree sailors came in to get a dram, cellent sober man, and much regard. but witness would not give it. The ed by his captain. Dempsey, though men went away; one of them had fond of drink a little, was never known water-stoups; and, as they were go. as cruel. ing out of the door, Dempsey gave The Lord Advocate then addressone of them a push, when the quar- ed the Jury in an eloquent speech ; rel began; and Robertson, who had in which he contended, that the obcome in at first with Dempsey, was ject of the mob, in endeavouring to dragged in, and knocked down. One break into Cochrane's house, was not of the soldiers, who was on the stair, for the purpose of revenge, but to retook up a brass candlestick, and, when lieve the sailor Robertson, who bad Robertson was lying insensible on the been dragged in, and whom they floor, struck him two or three times supposed the soldiers were murderon the head. Witness thought he was ing. He allowed, that he had not dead; but he afterwards recovered, sufficient proof to insist for a verdict ard was laid on the bed in the room. against Elliot, Beck, and Lynch ; but He subsequently had got up, and asked a verdict of guilty against Surcrept below the bed, and was found rage and Dempsey. there by the guard and police. In Mr Menzies, for the panels, made the confusion, witness did not know an able and ingenious defence. he was in the house.

After the Lord Justice-Clerk had Captain Shearman, of the 13th re- summed up the evidence, the Jury giment, went down with the guard, returned a viva voce verdict, finding and saw two soldiers at the window, Beck Not Guilty; the indictment one of whom had a musket in his against Elliot and Lynch Not Prohand. He called out to them to sur- ven; and Surrage and Dempsey Guilrender; when they said, they would ty of the murder of Simpson and Pearcome down if they were to be pro- son only; but unanimously recomtected from the mob, which he as- mended Surrage to mercy. sured them he would do. On this they The trial occupied eighteen hours instantly came down, and delivered and a half; and the Court adjourned up their muskets. The men, when at half past four in the morning. they came down, appeared to have On the following morning, Surrage been drinking, but were not drunk. and Dempsey were put to the bar; They seemed more alarmed than in when, after a very impressive address liquor.

by the Lord Justice-Clerk, his Lord. Martlia Jamicson resides in Green ship sentenced the unfortunate men ock. Knows Lynch, but none of the to be executed at Edinburgh, on other prisoners. Once or twice, be- Wednesday, the 13th of December fore the shots were tired, heard a next, between eight and ten in the morning, and their bodies to be after- ing young men, and were much afwards given for dissection.

fected. Surrage is a native of Eng. The two prisoners are good-look- land, and Dempsey is an Irishman.




RATUS EMPLOYED BY SEVERN, KING, AND CO. COURT of Common Pleas. nor was the slightest imputation cast

upon the character of the plaintiffs. Tuesday, April 11.

The only question arising between

the parties turned either upon points Severn, King, AND Co., v. Drew, of law, or related to the manner and or the IMPERIAL INSURANCE COM- regularity of effecting the insurance. PANY.

With reference to this ultimate ques

tion he might be allowed to mention, This case, important not only as it in the first place, that they had paid affects the parties from the large sum an enormous premium for their ins'ldepending upon its issue, but as it in- rance. The premium actually paid volves the general practice and prin- was no less than fourteen shillings, ciples by which fire-insurances are being more than double that required regulated, came on for trial yester- in all ordinary cases for doubly haday in this Court, and engaged its zardous insurances. He mentioned attention for many hours. It had this circumstance in order to shew. previously excited considerable inte- that the defendants could not have rest in the city, and was understood conceived that they were insuring an to be only one of several actions about ordinary risk, but one of a peculiar to be instituted, or already commen- nature, and from which, if they were ced, against other insurance-offices. to sustain loss, they had no right to

Mr Stephen opened the pleadings. complain, as they received a premium

The Solicitor-General stated the commensurate to it. The material plaintiffs' case in an address, embra- plea on the side of the defendants was, cing a complete view of the whole that the fire had been occasioned by subject. The present action was a cause not included within the risk brought for a sum of upwards of insured. By stating the case in this 80001. against the defendants, who manner, he hoped to disembarrass it, are Directors of the Imperial Insu- and disencumber it of whatever might rance Company. The plaintiffs were tend to perplex their inquiry. It was very respectable and opulent su, pleaded on the other side, that the gar refiners, residing in Whitechapel. plaintiffs had used a process of heatThis was a part only of a very large ing oil which had increased the risk, sum, amounting to about 70,0001. to- and that this process had been introtal loss, which had been sustained by duced subsequently to the insurance. fire in November 1819. Upon that Now, he should be able to shew that point no doubt or difficulty existed, the apparatus in question was sepa.

rated by a wall and iron doors. It difficulty arose, that the sugar would might then become a question, whe- not boil at the same heat as the wather, whatever might have been in- ter, and therefore a high pressure, atcumbent on the plaintiffs to state to tended with much danger, was rethe insurers at the outset, they ought, quired. At Liverpool tallow was in upon the adoption of this process, to common use for this purpose; but have subsequently apprised them of this was found extremely offensive, it. He should contend that his clients and, to obviate its inconveniences, were not bound to make any commu. Mr Wilson had invented a process nication on this subject, unless the for using fixed oil. This oil was put defendants themselves had thought into a large retort, and from it a coil proper to inquire in the first instance of pipes passed into the sugar, which Supposing, therefore, the risk to be it was intended to bring into a boiling increased by this new process com- state. The oil required a temperamenced upon contiguous premises, ture of 600 degrees of Fahrenheit for the plaintiffs were under no obliga- boiling, and sugar 350. This was a tion to disclose the circumstance, un- degree of temperature below any heat less the insurers thought proper ei- that could create danger. It might ther to inspect the premises, or seek be urged that gas must be created; information, in which case, his clients and to this he would reply, that gas were undoubtedly bound to make a was not created by fixed oil until it full and unreserved disclosure. His arrived at a temperature of between clients were engaged in the business600 and 700 degrees, long before of sugar-refining to a great extent, which the thermomet-r would have and the processes by which that ope- exploded. It would perhaps be said ration was carried on were almost as that the nature of oil might be changed various as the establishments engaged by the renewed application of heat, in it. Those, therefore, who insured and that when so changed, it would such manufactories, were bound to emit gas at 300 degrees. This, howexamine the mode in which they were ever, he had reason to believe was conducted, if they had in contempla- utterly false ; and although the oil tion to limit their insurance to any might be rendered thicker, the reapgiven risk; and if they did make such plication of heat would restore it to an inquiry, it was the duty of the its former state. other party to leave no circumstance Mr Henry Wilson was then called, concealed. When he talked of a va- and stated, that he was well acquaintriety of processes, he would endea- ed with the various processes of refivour to make himself intelligible. The ning sugar. He had for some time original and simple mode of refining been conversant with this subject, and sugar was, to place it in a pan, with with the application of oil for that a fire under it. This, however, was purpose. He had put up apparatus found very inconvenient, inasmuch for the same purpose in two houses as that part of the sugar which was at Liverpool, three years ago, as well nearest the fire was burnt before the as in one or two others in London. rest could be brought to a proper In the present case it had been put temperature. Ingenious and scienti- up almost exclusively under his dific men contrived to produce the re- rection. He conceived that the orquisite degree of heat by pipes of dinary mode of refining sugar was atboiling water coiled and immersed tended with both inconvenience and into the syrup or sugar. But this danger. One great danger was that of the sugar boiling over ; another, a proportion should be formed even of its emitting very inflammable gases, in the fill-house. This danger was arising from the combustibility of su- much greater with the ordinary progar when in a desiccated state. At The vent was quite sufficient the degree of 344 inflammable gases to carry out ten times the quantity of were created. The boiling point was gas which could be produced by this 245. He visited the premises in ques. apparatus. The retort had been retion almost every day, and observed paired a few days before. With rethat there was some leaking, but none gard to the oil changing its quality, that could produce the slightest mis, because it became thicker by use, lie chief. It was impossible that the leak, did not think that that increased its ing of oil into the fire below could tendency to become inflammable. He cause the fire to communicate with was present at an examination of the the oil in the vessel. When the oil apparatus with several surveyors and was thus converted into combustible engineers after the fire had happengas, it passed off up the chimney. ed; there was not the slightest rent The temperature of the oil in the ves- or fissure in the retort, and a foursel never exceeded 360 for the work- inch wall on one side of it was as pering point. If it were to go beyond pendicular as when originally built. 440, the thermometer would burst. There was a great quantity of rub. The boiling point of oil was about bish upon it, and a piece of fused 600 degrees; and until it attained brass which had come from above; that degree of heat, it would send out but he could not discover, from the no permanently inflammable gases. appearances around, the slightest inTo bring about such a degree of heat dication of an explosion having taken, would require several hours of hard place. The screws of the aperture firing, and could never take place were perfect, and the thread bright. from negligence alone. If a similar and sharp. The pump was much fire were placed under sugar, inflam- fused, and the copper vessel melted. mable gases would be produced in a a circumstance to be accounted for much shorter time. If produced in by the coals kept under it for the this retort, they would go up the purpose of cutting off the draught. steam-pipe, a vent which was render, The pipes were of copper, and could, ed necessary for discharging the air not burst froin the pumping of the within the vessel ; and in oil there oil, because the valves were smaller was also a quantity of aqueous mat- than their diameter; in the inside of ter, which it was necessary to carry the retort there was a quantity of caroff in the same manner ; conducted bonaceous matter, naturally resulting through the pipe to which he alluded, from the gradual distillation of the it all passed out at a lateral aperture oil, and explosion would have caused in the chimney. All draught down a different appearance, the chimney was carefully guarded Cross-examined. He had taken out. against, and the brick-work of the three patents for the process which chimney secured against heat by cast- he had been describing—one in 1816, iron pipes. He thought there was no one in 1817, and the third in 1818. danger from the gas that might escape Previous to this invention, he had mixing with the atmospheric air, be- been engaged in chemical manufaccause the proportion necessary to tures. His patent had been applied cause explosion must be one to six or to four cases; two of them occurred seven, and it was impossible that such at Liverpool, but in both of these tal


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