526 On the Volatility and Inflamihalility 



On the suggestion of Mr. Scarlett, the conditions of the policy 

 were read at lent^tli, and the Solicitor-general undertook to show 

 that there was a special agreement in this case. 



George Luke was then called, and stated that he was a mill- 

 wright, and had been three years in the employment of the plain- 

 tiffs. He left the premises on the 9th of November, the day pre- 

 ceding the fire, about half-past eight o'clock in the evening. The 

 only person whom he left behind him was, to the best of hii 

 knowledge, the engineer. The fill-house, where the retort was 

 placed, was in the lowest part of the premises, and the warehouse 

 on the next floor immediately above. When he returned at 

 seven o'clock the next day, the fire had broken out, and had been 

 raging for some time. He was acquainted with the new oil ap- 

 paratus. That part of it which consisted of a pan had been used 

 before, and the whole had been at work about three months. 

 The fire kept under the oil was less than it used to be by the 

 former method. When the oil became heated to a degree of 

 between 320 and 350, it was considered to be in a fit state for 

 working. The pump was then set on, and, by means of its suc- 

 tion, the heated liquid was conveyed through pipes. As the su- 

 gar was cold, the heat of the oil decreased by its communica- 

 tion, and became just sufficient to cause the sugar to boil. In 

 the warehouse there was always a quantity of sugar lying about 

 on the floor: and, being the place where the packing was per- 

 formed, there was generally a considerable quantity of empty 

 hogsheads, paper, and straw likewise. The retort-pipe entered a 

 steam-vent, and the air escaped by an opening in the side of the 

 chimney. He had examined ihe retort a few days before the 

 fire J and, though a droj) or two of oil might leak out, it worked 

 very well, and without danger. 



This witness, on his cross-examination by Mr. Scarlett, said 

 it was not his business to attend to the fire : that was the express 

 employment of another man. The pipe from the retort did not 

 go to th6 top of the steam-vent, which was 70 feet high. The 

 pipe in question rose about 16 feet from the vessel. All the fires 

 were out when he left the place on the evening of the 9th. There 

 was no fire-place, nor any fire generally kept, in the warehouse. 

 He did not know whether the same oil was put into the vessel 

 after its repair as had been used before j but he admitted that it 

 still continued to drop. 



In answer to a question from the Bench, witness added that 

 no fire had taken place in the premises during the three years be- 

 fore the new process was adopted, and that this new process had 

 been at work only three months. 



Henry May deposed that he was engine-keeper at the time of 

 the fire, and had been 24 years in that situation. He was on 



the 



