Mr John Lennox, superintendant of police, Greenock, after seeing two men lodged in custody who had been brought up by the guard from Shannon's close, went down with the guard to that place, and saw a man with a musket at a window. The serjeant desired him to give over firing. Witness called out to him he was master of the police, and for God's sake to desist firing. The answer that was given was, "I don't care a d―n for no man." When the serjeant went up to the room, witness heard the same man say, “You villain, I will blow, or knock your brains out." There was a gun fired at the time, and the guard were in the close. Heard the serjeant go up to the room, when a scuffle ensued; and the serjeant came down, and said he could not get them out without more assistance. Witness desired the serjeant to send for Captain Shearman, which he did; and, on the captain coming, the men were secured, and lodged in jail. Beck was in such a state of intoxication, that he was carried down stairs. The height of the window from whence the shots were fired was ten feet eight inches from the ground. The sash of the window was lying close to the wall of the room, and apparently had been taken out for the purpose of allowing the soldiers to get out their heads. The panes were broken by trampling on. There were no stones in the room, and none of the panes of the upper sash were broken. Did not see any part of a window-shutter in the room. Dr J. B. Kirk read certificates which he had made out of the state in which he found Morrison, Simpson, and Pearson, which he now verified. When he found Pearson was dying, and anxious for the ends of public justice that the truth should be known, he put a question to him, in presence of his wife, whether the man who fired at him took aim; to

which he answered distinctly, that he did.

The declarations of the prisoners were then read.

EXCULPATORY PROOF.

Malachi Clinton, soldier in the 13th regiment, was in company with the prisoners on an evening in July last. They had some drink together. Surrage and witness saw two persons home to their lodgings who had been drinking with them. When Surrage and he returned to Shannon's close, they met a woman and a man; but whether the woman spoke to Surrage, or he to her, does not recollect. The man gave them abusive language, and wished to fight, but witness would not allow them. Got Surrage to Quin's house, where they were followed by some persons, one of whom threw a stone, which struck witness on the temple when at the door, and which knocked him down. At this time Surrage and Dempsey were outside the door fighting with some persons, and when they came in, they were cut in the face,

Mrs Cochrane knows Surrage and Dempsey; they lodged in Quin's house, next door to hers, and behaved very quietly and decently all the time they were there. On the night of the affray in July, her servant came in and told her, there was a quarrel at the head of the close, and that Lynch was away out with a bayonet; on which she and her husband ran after him, and took the bayonet from him. Dempsey, Surrage, and one or two others, came to the door, and called to get in for God's sake; when her husband opened the door, and they all got in except Dempsey. He soon after also got in, covered with blood. The window where the soldiers lodged was broke from the outside. Next morn

ing, witness found her window-shutter in the soldiers' room; it had been torn off by the mob, who swore that they would have the by souls of the soldiers out of them. Heard these expressions three or four minutes before the firing began, and thinks the mob would have got in had it not been for the firing.

Cross-examined.--Dempsey and three sailors came in to get a dram, but witness would not give it. The men went away; one of them had water-stoups; and, as they were going out of the door, Dempsey gave one of them a push, when the quarrel began; and Robertson, who had come in at first with Dempsey, was dragged in, and knocked down. One of the soldiers, who was on the stair, took up a brass candlestick, and, when Robertson was lying insensible on the floor, struck him two or three times on the head. Witness thought he was dead; but he afterwards recovered, and was laid on the bed in the room. He subsequently had got up, and crept below the bed, and was found there by the guard and police. In the confusion, witness did not know he was in the house.

Captain Shearman, of the 13th regiment, went down with the guard, and saw two soldiers at the window, one of whom had a musket in his hand, He called out to them to surrender; when they said, they would come down if they were to be protected from the mob, which he assured them he would do. On this they instantly came down, and delivered up their muskets. The men, when they came down, appeared to have been drinking, but were not drunk. They seemed more alarmed than in liquor.

Martha Jamieson resides in Green ock. Knows Lynch, but none of the other prisoners. Once or twice, before the shots were fired, heard a

voice from the window cry, "Take care!" Saw the window driven in by stones or sticks. One or two of the mob had sticks. When the firing commenced, was within a short distance of the window.

Sir William Williams, lieutenantcolonel of the 13th regiment, knows all the prisoners, who bore good characters. Surrage was always an excellent sober man, and much regard. ed by his captain. Dempsey, though fond of drink a little, was never known as cruel.

The Lord Advocate then addressed the Jury in an eloquent speech; in which he contended, that the ob ject of the mob, in endeavouring to break into Cochrane's house, was not for the purpose of revenge, but to relieve the sailor Robertson, who had been dragged in, and whom they supposed the soldiers were murdering. He allowed, that he had not sufficient proof to insist for a verdict against Elliot, Beck, and Lynch ; but asked a verdict of guilty against Surrage and Dempsey.

Mr Menzies, for the panels, made an able and ingenious defence.

After the Lord Justice-Clerk had summed up the evidence, the Jury returned a viva voce verdict, finding Beck Not Guilty; the indictment against Elliot and Lynch Not Proven; and Surrage and Dempsey Guilty of the murder of Simpson and Pearson only; but unanimously recommended Surrage to mercy.

The trial occupied eighteen hours and a half; and the Court adjourned at half past four in the morning.

On the following morning, Surrage and Dempsey were put to the bar; when, after a very impressive address by the Lord Justice-Clerk, his Lordship sentenced the unfortunate men to be executed at Edinburgh, on Wednesday, the 13th of December next, between eight and ten in the

morning, and their bodies to be afterwards given for dissection.

The two prisoners are good-look

ing young men, and were much affected. Surrage is a native of England, and Dempsey is an Irishman.

COURT OF COMMON PLEAS.

Tuesday, April 11.

SEVERN, KING, AND Co., v. DREW, OR THE IMPERIAL INSURANCE COM

PANY.

This case, important not only as it affects the parties from the large sum depending upon its issue, but as it involves the general practice and principles by which fire-insurances are regulated, came on for trial yesterday in this Court, and engaged its attention for many hours. It had previously excited considerable interest in the city, and was understood to be only one of several actions about to be instituted, or already commenced, against other insurance-offices.

Mr Stephen opened the pleadings. The Solicitor-General stated the plaintiffs' case in an address, embracing a complete view of the whole subject. The present action was brought for a sum of upwards of 8000l. against the defendants, who are Directors of the Imperial Insurance Company. The plaintiffs were very respectable and opulent sugar refiners, residing in Whitechapel. This was a part only of a very large sum, amounting to about 70,000l. total loss, which had been sustained by fire in November 1819. Upon that point no doubt or difficulty existed,

nor was the slightest imputation cast upon the character of the plaintiffs. The only question arising between the parties turned either upon points of law, or related to the manner and regularity of effecting the insurance. With reference to this ultimate question he might be allowed to mention, in the first place, that they had paid an enormous premium for their insurance. The premium actually paid was no less than fourteen shillings, being more than double that required in all ordinary cases for doubly hazardous insurances. He mentioned this circumstance in order to shew that the defendants could not have conceived that they were insuring an ordinary risk, but one of a peculiar nature, and from which, if they were to sustain loss, they had no right to complain, as they received a premium commensurate to it. The material plea on the side of the defendants was, that the fire had been occasioned by a cause not included within the risk insured. By stating the case in this manner, he hoped to disembarrass it, and disencumber it of whatever might tend to perplex their inquiry. It was pleaded on the other side, that the plaintiffs had used a process of heating oil which had increased the risk, and that this process had been introduced subsequently to the insurance. Now, he should be able to shew that the apparatus in question was sepa

It

rated by a wall and iron doors. might then become a question, whether, whatever might have been incumbent on the plaintiffs to state to the insurers at the outset, they ought, upon the adoption of this process, to have subsequently apprised them of it. He should contend that his clients were not bound to make any communication on this subject, unless the defendants themselves had thought proper to inquire in the first instance. Supposing, therefore, the risk to be increased by this new process commenced upon contiguous premises, the plaintiffs were under no obligation to disclose the circumstance, unless the insurers thought proper either to inspect the premises, or seek information, in which case, his clients were undoubtedly bound to make a full and unreserved disclosure. His clients were engaged in the business of sugar-refining to a great extent, and the processes by which that operation was carried on were almost as various as the establishments engaged in it. Those, therefore, who insured such manufactories, were bound to examine the mode in which they were conducted, if they had in contemplation to limit their insurance to any given risk; and if they did make such an inquiry, it was the duty of the other party to leave no circumstance concealed. When he talked of a variety of processes, he would endeavour to make himself intelligible. The original and simple mode of refining sugar was, to place it in a pan, with a fire under it. This, however, was found very inconvenient, inasmuch as that part of the sugar which was nearest the fire was burnt before the rest could be brought to a proper temperature. Ingenious and scientific men contrived to produce the requisite degree of heat by pipes of boiling water coiled and immersed into the syrup or sugar. But this

difficulty arose, that the sugar would not boil at the same heat as the water, and therefore a high pressure, attended with much danger, was required. At Liverpool tallow was in common use for this purpose; but this was found extremely offensive, and, to obviate its inconveniences, Mr Wilson had invented a process for using fixed oil. This oil was put into a large retort, and from it a coil of pipes passed into the sugar, which it was intended to bring into a boiling state. The oil required a temperature of 600 degrees of Fahrenheit for boiling, and sugar 350. This was a degree of temperature below any heat that could create danger. It might be urged that gas must be created; and to this he would reply, that gas was not created by fixed oil until it arrived at a temperature of between 600 and 700 degrees, long before which the thermometer would have exploded. It would perhaps be said that the nature of oil might be changed by the renewed application of heat, and that when so changed, it would emit gas at 300 degrees. This, however, he had reason to believe was utterly false; and although the oil might be rendered thicker, the reapplication of heat would restore it to its former state.

Mr Henry Wilson was then called, and stated, that he was well acquainted with the various processes of refi ning sugar. He had for some time been conversant with this subject, and with the application of oil for that purpose. He had put up apparatus for the same purpose in two houses at Liverpool, three years ago, as well as in one or two others in London. In the present case it had been put up almost exclusively under his direction. He conceived that the ordinary mode of refining sugar was attended with both inconvenience and danger. One great danger was that

of the sugar boiling over; another, of its emitting very inflammable gases, arising from the combustibility of sugar when in a desiccated state. At the degree of 344 inflammable gases were created. The boiling point was 245. He visited the premises in question almost every day, and observed that there was some leaking, but none that could produce the slightest mischief. It was impossible that the leaking of oil into the fire below could cause the fire to communicate with the oil in the vessel. When the oil was thus converted into combustible gas, it passed off up the chimney. The temperature of the oil in the vessel never exceeded 360 for the working point. If it were to go beyond 440, the thermometer would burst. The boiling point of oil was about 600 degrees; and until it attained that degree of heat, it would send out no permanently inflammable gases. To bring about such a degree of heat would require several hours of hard firing, and could never take place from negligence alone. If a similar fire were placed under sugar, inflammable gases would be produced in a much shorter time. If produced in this retort, they would go up the steam-pipe, a vent which was render ed necessary for discharging the air within the vessel; and in oil there was also a quantity of aqueous matter, which it was necessary to carry off in the same manner; conducted through the pipe to which he alluded, it all passed out at a lateral aperture in the chimney. All draught down the chimney was carefully guarded against, and the brick-work of the chimney secured against heat by castiron pipes. He thought there was no danger from the gas that might escape mixing with the atmospheric air, because the proportion necessary to cause explosion must be one to six or seven, and it was impossible that such

a proportion should be formed even in the fill-house. This danger was much greater with the ordinary process. The vent was quite sufficient to carry out ten times the quantity of gas which could be produced by this apparatus. The retort had been repaired a few days before. With regard to the oil changing its quality, because it became thicker by use, he did not think that that increased its tendency to become inflammable. He was present at an examination of the apparatus with several surveyors and engineers after the fire had happened; there was not the slightest rent. or fissure in the retort, and a fourinch wall on one side of it was as perpendicular as when originally built. There was a great quantity of rubbish upon it, and a piece of fused brass which had come from above; but he could not discover, from the appearances around, the slightest indication of an explosion having taken, place. The screws of the aperture were perfect, and the thread bright and sharp. The pump was much fused, and the copper vessel melted,

a circumstance to be accounted for by the coals kept under it for the purpose of cutting off the draught. The pipes were of copper, and could not burst from the pumping of the oil, because the valves were smaller than their diameter; in the inside of the retort there was a quantity of carbonaceous matter, naturally resulting from the gradual distillation of the oil, and explosion would have caused a different appearance.

Cross-examined. He had taken out three patents for the process which he had been describing-one in 1816, one in 1817, and the third in 1818. Previous to this invention, he had been engaged in chemical manufactures. His patent had been applied to four cases; two of them occurred at Liverpool, but in both of these tal