bly, and reckless of the consequences, neglect to cause a light to be affixed to the said steam-boat; and the said Duncan M'Innes and Peter M'Bride continued to steer and direct the course of the said Comet steam-boat without any such light being affixed to the same; and having, time aforesaid, in the course of the foresaid voyage, reached a part of the river or frith of Clyde, nearly opposite to the said Kempoch Point, and having then and there met with another steamboat called the Ayr, which last steamboat was then proceeding down the frith of Clyde, and in an opposite direction to that in which the said Comet steam-boat was then proceeding, the said Duncan M'Innes and Peter M'Bride, having charge of the said Comet steam-boat as aforesaid, did then and there, both and each, or one or other of them, culpably and recklessly, and carelessly, and in consequence of the said Comet steamboat having been steered and directed by them without any light affixed as aforesaid, and in consequence of their extreme carelessness and culpable neglect and inattention in steering or directing the course of the said Comet steam-boat, bring the said Comet steam-boat in collision with the steam-boat called the Ayr; and the said Comet steam-boat was thereby sunk, and the said Hugh James Rollo, Charles M'Alister, Capt. Wemyss Erskine Sutherland, Sarah Georgina Duff or Sutherland, Archibald Graham, Alexander Gray, Ann M'Brayne or Wright, Euphemia Niven, Ranald M'Kenzie, and a great many other persons, men, women, and children, whose particular names and designations are to the prosecutor unknown, were thereby drowned, and were thus culpably killed by the said Duncan M'Innes and Peter M'Bride."

Mr Patrick Robertson, on the part of the panels, stated two objections

to the relevancy of the indictment: First, that in the major proposition they were charged with two crimes, namely, culpable homicide, and also reckless and careless command and steering of a steam-vessel, &c. ; while in the minor proposition it is stated, that they are both, or one or other of them, guilty of the said crime, without stating which. In the second place, that the crime or crimes charged in the major proposition were not sufficiently clearly specified in the minor; seeing that the words in the minor were little more than a repetition of those in the major proposition.

Mr Alison, Advocate-depute replied to the objections.

The Lord Advocate said he had no objection to confine the charge to that of culpable homicide.

Mr Alison was about to proceed, when

The Judge Admiral said, as the prosecutor had passed from one of the charges in the major proposition, he had virtually passed from one in the minor also, so that there was no occasion to reply farther to Mr Robertson's objections. He then recapitulated the objections and replies. He agreed that the panels were entitled to have a statement of the facts with which they were charged; but it was not necessary that they should know the whole facts. All that was necessary was, that the minor proposition should contain certain facts, generally referred to by the major; and he thought, in the present case, there was a sufficient statement of facts. He felt no difficulty in sustaining the relevancy.

James Reddie, first town-clerk of Glasgow, was then called and sworn, when

Mr Robertson said he was happy, in this early stage of the proceedings, to have an opportunity of stating an objection to one of the documents

founded on in the indictment. He submitted that the document described as the regulation of the Clyde could not be admitted in evidence. It was a printed pamphlet of 17 pages, founded on as purporting to be the regulations for navigating the river Clyde. It was not alleged to be in point of fact the regulations, but purporting to be such. He submitted it was not a document which could be entertained in any Court of Justice whatever. It was a rule in law that the best evidence must be produced that can be procured; and he would ask, why the Counsel for the Crown had not produced an extract from his Lordship's books, containing this alleged extension of the regulations? The best evidence was surely the record of Court, or an extract by the proper officer.

Mr Alison replied.

Mr Cockburn contended that the objections taken by his learned friend, Mr Robertson, must be sustained.

The Judge Admiral said, that this was a question of some importance. The rule certainly was, that the best evidence ought to be produced. The best evidence of the established regulations on the Clyde was surely the original documents, or certified copies. It was acknowledged that these had not been produced; and he could not consider that the production of a pamphlet was legitimate evidence of the records of the trustees of the Clyde. He must therefore hold that the objection was well founded.

Peter Sutherland, late carpenter on board the Comet, was then sworn and examined. Was on board the Comet, as carpenter, in October last. Recollects the circumstance of her being lost They left Inverness at six o'clock on Tuesday morning of the 18th of October, and came by the line of the Caledonian Canal to Fort William; from thence to Oban,

and from that through the Crinan Canal. They then came to Rothsay. The crew of the Comet consisted of 14, including the steward. There were three men about the engine, an engineer and two firemen. There was sometimes one, and sometimes two men on the look out, at the head of the vessel, but always one. They used to have a regular watch set on board, but had not one on the last voyage. He was four months on board the Comet. There were regular watches kept in the Comet on the voyage before her last. They were all on duty on the night when the Comet was lost. The whole crew were on deck the whole voyage, so far as he knows. Does not know any reason for changing the system, except that there was a new master the last voyage. They were all frequently about the deck, and it was equally the duty of all to look out. Does not know if any particular person got orders from the master to look out. When they left Rothsay, there might be about eighty on board, including the crew. Knew the names of very few of them. Knew Miss Macintosh, from Campbelton, Duncan M'Kellar, and Judy Macdonald, from Fort Augustus. Knew Captain Sutherland's lady, and saw Captain Sutherland with her.-Left Rothsay between 10 and 11 at night. It was clear moonlight. The sea was pretty rough. They steered to the Tower, and from thence to the Cloch lighthouse. After passing the Cloch, they steered upon Gourock Point. was about one on Friday morning when they passed the Cloch. They were then about a quarter of a mile from the shore. The moon set before they came to the Cloch. There was no light at the head of the vessel that night. There had been a light at all times before. It was the usual practice with steam-boats on the Clyde to have a light up when dark.

It

Does not know the tonnage of the Comet, but there were larger ones navigating the Clyde. Witness was on deck all the time from leaving Rothsay, till the Comet was lost. After leaving the Cloch, James Nicol was at the helm of the Comet. He was not the pilot, but the seamen relieve one another at the helm. Peter M'Bride, the pilot, was close alongside of Nicol at the time of passing the Cloch. Witness was forward in the vessel, at the steerage door, frequently sitting on the companionhead, and walking about. Did not see the captain on deck after coming to Toward light-house, nor afterwards. The first thing that attracted his attention after, was hearing John M'Lachlan call to port the helm. Witness had seen nothing before that. To port the helm, was to push it to the left side of the vessel, which operation would turn the head of the vessel to the right. Immediately after he heard the word "starboard," but did not know by whom it was given. The order came from about the centre of the vessel. To starboard the helm, would put the vessel to the left. The vessel obeyed the first order, but was not quite certain if she obeyed the second. Upon hearing the first order, he ran forward, and saw the Ayr steam-boat coming down upon them. It was about 100 yards from the Comet when he first saw it. The head of the Ayr was rather leading inshore, in the same direction as the head of the Comet when her helm was a-port. Saw no alteration in the course of the Ayr till she struck the Comet. It was not above a minute and a half after witness first saw the Ayr till the vessels struck. About the same time elapsed from the order "starboard" till the collision. If the Comet had continued her helm aport, he thinks the vessels would have cleared each other. If the order "star

board the helm" had been given first, and adhered to, he thinks that also would have prevented the collision. It was the larboard or left bow of the Comet which was struck by the starboard bow of the Ayr. The Ayr had a light at her starboard bow. After the collision, the Comet was turned almost round, but the Ayr came upon her larboard side. Both their heads were to the land. The Ayr came so close alongside of the Comet, that witness had his hand on her gunwale. Heard no orders given on board the Ayr at that time. To the best of his knowledge the crew of the Comet were all on deck, and most of the passengers were below. Heard no order given in regard to the engine after the order to the helmsman was given, till after the collision, when he heard a voice call to put on the engine, and then heard Captain M'Innes give an order to run her ashore. The vessel ran a little way when the engine was put on. water came in and stopped the engine, when there was great confusion and cries on board, and the passengers ran all on deck. The Ayr had left the Comet before the cries got up. The Ayr first broached a little a-head, and then he heard a voice on board of her call to put on the engine. The Ayr was between them and the shore when the Comet endeavoured to work the engine. The Ayr seemed to proceed on her voyage. There was an attempt to put out the boat of the Comet; one end was down when he came forward, and it was filled with passengers and part of the Comet's crew-the boat immediately swamped. He did not then see either the master, mate, or pilot. It was about two minutes after the boat swamped that the Comet sunk. It might be between three and four minutes after the collision that the Comet sunk. Witness swam ashore.

The

When the Comet went down, the Ayr was about a quarter of a mile off, as near as he could guess. After he was in the water, he saw the Ayr return, and pass where the Comet sunk. He hailed the Ayr, but got no answer, and does not know if he was heard or not. The Ayr did not slip her engine at the place the Comet sunk. As long as he saw the Ayr she was proceeding towards Greenock. There were very loud cries for help on board the Comet before it sunk, calling to the Ayr for God's sake to come back and help them. Did not hear any voices on board the Ayr, except the order to put on the engine. The cries on board the Comet continued as long as she was above water; but no attention was

paid to them. Thinks they must have been very well heard on board the Ayr.

A number of other witnesses confirmed generally the testimony of the preceding witness.

Mr Claud Marshall, Sheriff Substitute of the Lower Ward of Renfrewshire. A number of dead bodies came ashore, and ten or a dozen of watches were brought to him. All these had stopt at from 25 minutes to two to five minutes past two; at various times between these periods.

James Martin, river pilot, residing at Gourock.-Recollected of hearing cries on the river the morning on which the Comet steam-boat was lost; he was in his bed when he heard them.

In consequence of these cries, he got out a boat, and succeeded in saving eight persons, who had been on board the Comet; he made three trips, but found none the last time. Observed the steam-boat Ayr, then proceeding up the river towards Greenock. It was a fine clear night; the moon had just set, but he could see the hills on the opposite side of the river. The cries he heard were

so loud, that he heard them in bed, but was not awoke by them.

Thomas M'Clelland was master of the Ayr in October last. Sailed from Glasgow on Thursday, the 20th of that month, in order to proceed to Ayr. Left Greenock about one on Friday morning, having been detained by the Ayr getting aground near Port-Glasgow. His time of sailing was regulated by the high water on Ayr bar. With northerly winds the Ayr could only get in on the top of high water. Takes about five and a half or six hours on the average, to go from Greenock to Ayr. It was high water that morning at six o'clock. Intended to have left Greenock at half past twelve, but was detained till one. A candle was placed in a lantern at the head of the vessel the moment of leaving the quay. He never sailed in the night-time before; but it is the practice of steam-boats navigating the Clyde at night to hang out lights. Immediately after hanging out the light, he ordered two men to the forecastle to keep a lookout, and two to the deck, to pass the word to the steersman. The pilot, Thomas Knox, was at the helm, and he himself on the larboard paddlebox. Thought the men kept a sharp look-out; and was doing so himself, being anxious about fishing boats, but never dreamed of meeting a steamboat. Went aft to adjust the binnacle light, and had got to midships, when he heard the man on the forecastle call out, "A boat a-head-starboard your helm." It is a rule, on steamboats meeting on the Clyde, for each to starboard their helm. When he heard the cry, being on the larboard, he went to the starboard side, to ascertain what kind of a boat it was ahead. The collision almost immediately took place. That was the first time he saw the Comet. Did not hear a hail or a word from the Comet