prisoners who had not been put upon their defence, that line of evidence was not persevered in. The proofs then went to shew that in 1832, the cross-vein in dispute, between the respective proprietors, had been alternataly presented by grand juries, in 1832, as the property of the one party and of the other, and the question was yet undecided. One of these witnesses also stated, that he had been down the mine on the preceding Wednesday, and perceived that a straw fire had been kindled on the Red Soil side of the waggon-gait in question. Mr. Douglas Fox, surgeon, stated his belief, from the evidence he had heard, that if the mouths of the shafts had not been kept closed, no lives would have been lost. Attending to the description given, by the medical witnesses, of the appearances presented on a post mortem examination of the deceased, he was of opinion, that his death had probably been occasioned by suffocation, but it was by no means certain. It admitted of a reasonable doubt, because the appearances were perfectly consistent with the conclusion that death had been produced by concussion, in consequence of the deceased, either through faintness arising from foul air, or through the confusion and hurry of attempting to escape, having fallen down, and thus produced a shock of the nervous sys

tem.

The Jury acquitted all the pri

soners.

PRIVY COUNCIL, JUDICIAL COM

MITTEE, JUNE 20.

The Thetis, Treasure-Salvage. This was an appeal from a judgment of the late sir Christopher

Robinson, in the Admiralty Court, in respect to a question of salvage of a large amount of treasure shipped on board his majesty's frigate, Thetis, which was lost at Cape Frio in 1830. (See last vol. Chron. p. 55.)

In 1830, the Thetis took on board at Lima and other ports in South America, treasure of the value of about 810,000 dollars. She sailed from Rio Janeiro for England on the 4th of December, struck upon a rock near Cape Frio, on the Brazil coast, floated into a small cove of the island, and sunk. Intelligence of the event was received by Admiral Baker, who immediately proceeded to the spot, and found part of the wreck above water, in a cove open to the S.W., whence the strongest gales blew, and surrounded by lofty precipitous rocks. The Admiral left his majesty's ship Algerine to guard the wreck, returned to Rio Janeiro on the 24th of December, and held a consultation with his officers as to the means of recovering the stores and treasure. In order to prevent the treasure from being washed into deeper water, he caused an immense net to be prepared of cables and hawsers, which was stretched under water across the inlet (480 feet), and held in a perpendicular position by lanyards attached to buoys, having a chain cable for its base, which adapted itself to the irregularities of the bottom. A diving bell could not be procured at Rio Janeiro; and captain Dickinson suggested the construction of a diving bell out of the iron water tanks used in the navy, with the hoses of Truscott's pumps. This suggestion was carried into effect, and the bell so constructed was conveyed to Cape Frio. The Admiral engaged the

services of Mr. Moore, an engineer; and with these implements and aids, captain Dickinson, on the 24th of January, 1831, in command of the Lightning, (which was under orders to be employed in the collection of treasure or freight,) with detachments from the Warspite, the flag ship, was despatched by the admiral to Cape Frio, with directions to endeavour to save the stores and treasure. Previous to his departure, he was directed by admiral Parker to make use of suspension cables across the cove, from whence to lower the diving bell. On inspecting the localities, however, captain Dickinson determined to employ a derrick, or crane, 158 feet long, which, in the absence of better materials, his artificers constructed of masts, spars, and other pieces of the wreck, locked and fastened together in a very curious manner. It was very pliable, and was stepped into the rocks about twelve feet above the surface of the sea, its head being elevated forty or fifty feet, and it was secured in its position by ropes and chains to different parts of the rock; the length of the stay from the peak of the derrick to the summit of the rock being 155 feet. Whilst the derrick was making, a small diving-bell, made of tanks and ship iron, was suspended from the launch of the Warspite, the admiral's ship, and about 120,000 dollars were thus obtained. After three month's labour the derrick was completed, and on the 12th of May, 1831, the great diving-bell was suspended from it; but on the 18th, a gale and swell carried away a great part of the derrick, and the great bell was left at the bottom of the cove. Captain Dickinson at first contemplated the reconstruction of the derrick, but ad

miral Baker being averse to this till the suspension cables were tried, captain Dickinson adopted that scheme, but with some modifications; he, with great labour and exertion, levelled the summit of the S.E. cliff, and carried the Lightning's hempen cable across from the main cliff, from which the bells, which were continually damaged, lost, and replaced, were let down. This plan was not, however, put into practice till October, (captain Dickinson being absent on service about a month at Rio); the bells were, in the mean time, lowered from launches, and a considerable quantity of rock was removed from the wreck. In November, captain Dickinson was attacked by a dangerous illness, brought on by exposure to the weather, incessant exertion of body, and anxiety of mind; but he recovered and resumed the operations, which had been suspended during his illness. The weather now be came stormy, so that the service could only go on at intervals. In February, 1832, admiral Baker visited the cove, where he remained ten days. The service continued till the beginning of March, up to which time about 588,000 dollars were recovered: captain Dickinson was then recalled, in pursuance of orders from the Admiralty, directing the Lightning to proceed to Rio. On behalf of admiral Baker, it was alleged that captain Dickinson had reported "that he did not think it at all likely that any considerable quantity more of the treasure could be obtained, and suggested that it was not worth while to pursue the enterprise any further." The Algerine, captain de Ross, was ordered to replace the Lightning at Cape Frio, and continued the service, which captain

de Ross accordingly continued from the 6th of March till the 24th of July, and recovered 161,000 dollars. The working parties having by this time completely cleared down to the granite bottom of the cove, and examined the rocks amongst which the treasure had lodged (the packages having broken, and the bullion become imbedded in soft matter,) the salvage service was completed, after eighteen months labour, by the recovery of the treasure, amounting in the whole to the value of 739,000 dollars, besides

stores.

The parties claiming salvage were, admiral Barker and captain Dickinson, who, although both interested in maintaining the claim for salvage against the owners, were at issue as to their respective proportional claims in distribution; captain de Ross and the Algerine's officers and crew; the owners of the treasure or the underwriters; and, lastly, the Admiralty, claiming a compensation for wear and tear of the public stores.

Admiral Baker's statement set forth, that, on receiving intelligence of the disaster, he directed his immediate attention to the recovery of the treasure and stores; that he devised the net, and provided captain Dickinson with stores and materials on his own responsibility; that he employed an artificer at his own expense, and directed captain Dickinson to use suspension cables, which would have been a more effectual expedient than the derrick; that captain Dickinson acted under his (the admiral's) orders and directions; that he (the admiral) was in communication with the committee at Lloyd's on the subject of the service; that the whole responsibility and expense of the undertaking devolved

upon him, and the whole loss, in case of failure, would have been his.

Captain Dickinson's statement. set forth the particulars of the service performed, under his immediate orders, from January, 1831, till July, 1832; the excessive labour and exertion of all concerned; their privations and sufferings from exposure to the climate, bad provisions, bad lodging, clouds of sand infecting their food and injuring their lungs, diseases, casualties, the chigres (insects which eat sores in the body); and the peculiar difficulties and anxieties of the service; that he originated the idea of recovering the treasure, which was universally considered a total loss, and that his project was spoken of as wild and visionary: that without the apparatus and machinery contrived by him the treasure must have been irrecoverably lost; and that the execution of the salvage service was entirely dependent on his skill and resources. He consequently claimed to be considered as a principal salvor.

The case set up by the owners was, that, though the service was a meritorious one, there was no very extraordinaty degree of merit in it; and that the salvors were officers in the public service, and therefore not entitled to remuneration as private salvors were.

The claims of captain de Ross and his party were not disputed.

The judge of the Court of Admiralty, on the 20th of March, 1833, after declaring that the service had been carried on with a spirit of perseverance, energy, and exertion, during a period unprecedented in point of time, and that the service was one not easily surpassed in merit, and unequalled in respect to the amount of property saved, decreed

the sum of 17,000l. for salvage, together with the expenses of the salvors, and the demand of the Admiralty; and directed that, after paying 1,000l., in various proportions, to certain persons, in addition to their shares, the residue of the 17,000l. should be distributed as follows:-to admiral Baker, the share he would be entitled to as a flag officer, under the order in council of 1827, and the remainder amongst the commanding officers and men of the Lightning and Algerine, rateably according to the value of the treasure saved, and according to the period of their service, and the officers and men of the Adelaide, up to the 31st of May, 1831.

From this judgment, captain Dickinson appealed on the ground that the treasure salved was derelict, and there was no instance of so small a proportion of derelict property being awarded to salvors in such cases; that admiral Baker was not entitled to the share allotted to him; and that the claim of the admiralty for indemnification was unprecedented and ought not to be allowed.

Admiral Baker joined in the appeal of captain Dickinson against the smallness of the sum allotted for salvage, and prayed that he might be adjudged one-eighth of such further sum as might be allotted. No appeal was made by captain de Ross and the officers, and crew of the Algerine.

The hearing of the appeal commenced on Thursday, before the right hon. the vice-chancellor, the right hon. sir John Nicholl, the right hon. sir J. B. Bosanquet, and the right hon. T. Erskine.

Their lordships heard Dr. Adams and Mr. Alexander for captain Dickinson, his officers, and

crew; sir Edward Sugden and Dr. Lushington for sir Thomas Baker; and the king's advocate and Mr. Follett for the owners. After twelve hours hearing,

The vice-chancellor delivered the judgment of their lordships. Without going through the facts of the case, it was sufficient to say, that their lordships were unanimously of opinion that a sufficient reward had not been awarded to admiral Baker and captain Dickinson, his officers and crew, the only persons who had appealed against the decree; and that, considering the length of the service, and the labour and exertions of the sailors, it was not too much to allot to admiral Baker and captain Dickinson, his officers and crew, 12,000l., in addition to the sum allotted in the decree as it stood. Their lordships were, therefore, of opinion that the decree, in point of form, must be reversed; but they directed that the expenses of all the proceedings should be deducted from the property, as the court below had directed; that the further sum of 12,0001. be added to the salvage already allotted to admiral Baker and captain Dickinson, his officers and crew, to be divided according to the order in council of 1827, the effect of which was to give admiral Baker oneeighth of the sum, captain Dickinson two-eighths, and the remaining five-eights to be divided in the manner directed in the said order.

Their lordships were of opinion, that not only did the length and arduousness of the service justify this increase of the sum which had been allotted, but that the giving the increased sum was very much in the spirit of previous decisions, which had allotted one-third and one-half in such

cases. The amount recovered to the underwriters for the owners was 157,0001. The Admiralty expenses were 13,800l.; the expenses of agency 12,000l.; and 17,000l., the amount of salvage already allotted. These sums, together, made 42,800l.; adding thereto the sum now given, the whole would be 54,000l. and a fraction, which sum would be somewhat more than one-third of the gross treasure recovered.

YORK, JULY 19. "Morrison's Pills."-Charge of Manslaughter.

George Webb, a respectable-looking middle-aged man, was placed at the bar, charged with the manslaughter of a young man named Richard Robinson, by administering to him large quantities of gamboge, aloes, colocynth, and other drugs. The allegations were varied by numerous counts in the indictment.

The deceased was a young man of about twenty years of age, apprentice to a Mr. Sowry, linendraper in York. He was taken ill, and the prisoner, who was an innkeeper in York, and an agent for the sale of "Morrison's Pills," was sent for to attend him On Friday, the 20th of June, it was discovered that the small-pox had attacked the deceased. The prisoner solely continued to attend him. In the course of the illness, he gave the deceased no less than three doses of 10, 15, and 20 pills respectively. These produced very copious evacuations, but "the pills" were still administered, and the prisoner said medical aid was unnecessary. On the Thursday following, the mother of VOL. LXXVI.

the patient was sent for, and sat up with himon Friday night. The prisoner said, he was doing well. On the Friday morning, the lad was evidently in a sinking state; his extremities were cold and clammy. Medical aid was then called in, but it was too late, for he died that afternoon: and the coroner's jury returned a verdict of "Manslaughter" against the prisoner.

Samuel Robson.-Is an apprentice to Mr. Sowry. The deceased was in good health previous to the 20th of June. On the Tuesday, he was attended by the prisoner. Witness went and fetched five packets of the pills, either by the direction of Sowry or the prisoner, who called several times between that day and Friday, but no medical man attended during that time. On Friday, about eleven o'clock, Mr. Allen, surgeon, attended him.

very

Mary Brittain.-Is servant to Sowry. On the Monday night, the deceased said, he was poorly. He died on the Friday week following. On Tuesday, pills were given him. He continued ill, and desired to have the prisoner sent for. On the Tuesday morning, deceased said a rash had come out and gone in again. Witness never saw the prisoner give him any of the pills. Deceased vomited and purged two or three times a-day, but did not complain of pain. He had no appetite, and was thirsty. The prisoner felt his pulse.

Joseph Hugal examined. - Is journeyman to Sowry. Deceased had the small-pox. Witness did not see him take the medicine, but saw the prisoner there two or three times a-day. When prisoner returned from deceased, we inquired as he passed the shop, how deceased X