The British Press; or, Morning Literary Advertiser. — London, England, 1826-08-21 00:00:00

STATE OF TRADE. ks on cy Lacy's, Aun. 19.—We have to mention a very gratify ing fact, strongly indicative of an improvement in the staple trade in the Vest Riding of Yorkshire. For several months past the cerrying trade has felt extreme depression, in common with almost every other branch of business, but within the last ten days the quantity of woollen end stuff goods, particularly of the latter, purchased from the mer chants and manufacturers in the districts of Leeds and Bradford, has increased so considerably, that the London land c.:rriers from hence have found it necessary to increase their establishments, and have had to convey on an average from live to six tons daily of manufactured goods, which is d üble the weight brought to their warehouse within the same time for many months hack, and is nearly equal to the quantity usually conveyed from Leeds to London at this ',Neon, in prosperous times. The prices still continue extremely low, but the sales which give rise to the present activity are, we believe, Ixout Ale ones, and many of them are made by houses which buy principally from the " do mestic manufacturers." We are Ire quently toll that representations of the revival of trade do harm, by inducing the wool-grower to advance the price of the raw material. To this the proper reply is, that falsehood may do harm ; truth will not have that effect. Wool, like manufactured goods, has been unduly depreased. IVe wish the farmers may be able to obtain a moderate advance, and maintain it ; this will prove in contestably that the amendment in trade is not a symptom merely of returning health, but a positive recovery. It should also be recollected, that the deficiency of trade has arisen in part, at least, from want of confidence, and that nothing tends more effectually to the revival of confidence than a persuasion that trade is reviving. We cannot report this week any further improvement in the state of trade. Perhaps on the whole the demand is hardly equal to that of Ir.! week; yet the prospects of business are not worse, and though our improvement will certainly not be rapid, we are inclined to think it will on that account be the more certain. The following is an ac count of the distribution of yesterday : No. of Bacon Oatmeal Pegg Tickets. lbs. lbs. bads. Sholelall - - 1811 1322 8991 35 Oldham-road - 1938 1061 9028 20 Anent. - . 1070 910 45t01 0 31in.hull.olleet . 1726 1 3 77 0760 12 Nilleratreet . - 1019 744 4560 6 4.1.01i0n-row 296 337 1044 U Ariloick - - 261 251 91: 0 8113 34402 3111itil 124 Cs sit received far provisions sold at the different stores, 21. 19s. 10d. The until cost of yesterday's distribution is 48.22. Ms. Id. In consequence of the exhaustedsti eof the funds the distribution of food to the poor ceased yesterday. The fol lowing is the quantity of food distributed to the poor of Blame, Friday, August IS:-518 lbs. meal, 277 lbs. bacon, ots. peas.-3fac.heefer Gam dies. BANKING.—The banking concerns of Manchester are as suming an interesting character. The project of establish ing a Branch from the Hank of England, in that town, is by no means popular. The merchants and manufacturers see no reason for increasing their dependence on the Lon don Banks, and a project has been formed for a Joint Stock Company, to be called " The Manchester Merchants' and Manufacturers Union Bank." A prospectus of the pro peed Union Bank has been issued, from which it appears, that the capital stock of the Company is to consist of 300,0007., divided into .5,000 shares of 100/. each. When Low sham; are subscribed, the Company will be consi dered as formed, and the transactions of the Company will continence as soon as the deed of settlement shall be signed In subscribers to the extent of 2,090 shares. The affairs of the Company are to b.: managed by a president, vice president, and a board of twelve directors, annually eeeted. The accounts are to be made up every quarter, and eaeli shareholder is to he allowed to inspect the balance slie.t. The prospectus enters into a view of the present sinettion of the commercial and manufacturing interests of Lancashire. Amongst the principal promoters of the measure are those who were staunch supporters of the late war, and ardent friends of the Pitt system of politics; and the following is the picture drawn by these gentlemen of the present state of the town and neighbourhood of Man dirtier :—" In a quarter where wealth, intelligence, and public spirit have been so often and so strikingly displayed, we are now forced to witness a discreditable contrast in the apparent poverty, and real despondency of feeling, and cheerless hopes expressed by almost every individual at tending our Exchange ; and the spititless and senseless allegation, that time alone is to affbrd a remedy for these evils, is reiterated from week to rieit and from month to month, whilst every one painfully witnesses the aggravating influence of this tartly remedy. The lapse of time can be attended only with a remedy more fatal than our pre sent disease, because it can operate no other way than by the utter destruction of all the weaker commercial houses, and by shaking to their foundations the strongest among us; and it is evident these destructive effects must continue to operate until the diminished number of tradesmen, or otherwise the diminished scale of mercantile operations, shall comport with the present limited amount of the cir culating medium, to a scale properly adapted to the wants of the community. Let us, therefore, rather look to the instant exertion of our own energies, than trust to the benumbing influence of time. Let us apply our shoul ders to the wheel, instead of calmly looking on, whilst (until) it becomes incapable of being extricated from the slough into which it has film.' The evils are attributed to the " gnat reduction lately made in the aggregate triantity of the circulating medium ;" and the remedy proposed is " an expansion of our monetary system, ' by the establishment of joint stock banking companies.— ]: rdi Xeres,' y. _ _ _ _ We have all along avoided giving any judgment on the state of trade in this market, from not being able to ascer tain precisely how matters stood, some opinions leading to ilepontleney, while oth e r s w ere of th a t sa nguine hue which tended to excite expectations that might not be gra tified. Of late, we understand very considerable purchases of cotton goods have been made, but at a rate so low, as not to encourage the manufacturer to re-stock, or, at all eventi, not to raise the price of weaving, which is the tillterial point. There is upon the whole, however, a bitlile of improvement in mercantile opiniOn and confidence, and that is as much u we feel ourselves warranted to say.— Gifurite Herald. _ Since we noticed the appearance of reviving trade, a good malty goods have been packed for exportation. They are rindy printed goods, stripes and checks, shirting and e ruse linens. No branch of the cotton trade has suffered so ittle as the coarse goods (stripes and checks) for domestic co smnption.—Glavout Chronicle. rite par r-mills in the neighbourhood of Dublin have al been idle for three or four reeks, in consequence of a turn-out amongst the operatives, to effect payments in the new currency. The advance thus required is about the slam that enables the Irish manufacturer to compete, in this branch of trade, with the English manufacturer; and. therefore, if the operatives succeed, there is no great like lihood that any paper manufactory will be left long tx taring in this country. *Ve undastand that the operatives in the business here have had three or four shillings a wcek more than their brethren in Manchester, Liverpool, or any other F.nglish town. The introduction of machinery into the Dublin establishments has been heretofore successfully resisted by the operatives.—Dublin Evening Register. A correspondent has favoured us with a report of a Teed, delivered by Mr. John Fulton, to the mine-owners, as sembled at the Manor House, Alston, on the lirttli instant, for '"'"e purpose of selling ore. After regretting the great depression which has lately taken place in the price of lead, which he represented to be so great as to compel many miners in Alston Moor to relinquish working, and conse quently throw a great number of workmen out of employ ment he proceeded to inquire into the cause of so great a 4 ,.' 11 " 1011 , and attributed it principally to taking off part Alr'ln the import duty on foreign lead. He thtn stated that Ilaskisson has publicly promised to take off the re mainder of the duty next Session. From the fatal effects or the first reductiOn they might calculate what further ilia- Imo they had to expect, if that promise were fulfilled ; he therefure u rge d t h em to h ave petitions ready to present to Parliament as soon as it assembles, against Mr. If uskis -4'l" Proposed measures, and lie trusted their example Pould to followed in every mining district in the kingdom. --jell. IT DONCASTER AGRICULTURAL SOCIETY. • IFrom the Durham .Idrcrtiscr.l At the annual meeting of the above Society, held on Friday lest, the show of cattle was inferior in point of numbers to any forma exhibition there; sonic very beautiful animals were, however, shown. and there is no doubt, that in future years, when en early harvest does not interfere, as it has done this season, with [helmet. and when food for stock is more abundant than at present, the Doncaster Cattle Shows will again compete with the brat cabbie Buns of the kind in the kingdom. The judges on the present occasion, Meatira. %Veinier, %Vright, and Bright, haring awarded the prizes, the Members of the Society at.tl their friends adjourned to the Mansion-House (the use of which had, as usual, been granted by the Mayor and Corporation), where an elegant dinner was provided. F. 0. EDMONDS ' EA., the President for the day, took his seat at the head of the table, having on his right hand Lord Milton and Sir William Cooke, „Dart., and on his left Lord Althorp and J. Fullerton, Esq. The Vice Chair was filled by General Sir JOHN BYNG, and the company around the festive bused amounted to between sixty and severity. After the removal of the cloth, the he-11th of the King, the Royal Family, fcc.. and the usual agricultural toasts and sentiments. were drunk, each giving rise to appropriate observations from the Presi dent and others; yet consid.•rable dulness seemed to pervade the meeting, until the health of W. 11. Thomas. Esq., of Cli,sterlield, a Nletither of the Scarsdale and High Park Agricultural Sc. dicey, was proposed front the chair. The toast was drank with en thusiasm, and Mr. Ttioates„ after returning thanks for the honour which had been done him, took occasion to express his sentiments on the al teration which it was understood would be proposed in the next Session of Parliament in the existing Corn bawl lie pointed out, in clear and forcible language, the impossibility of the English Comex competing with the foreign grower, if a free trade in corn were permitted, weighed down as he was with the payment of high Yenta taxes, and tithes, and expressed a hope that th e Members of the Legislature would look at the question in all its bearings, and not be led away by the clainour of the manufacturing districts. or by the opinions promulgated on the exchanges of our mercantile towns, but afford to the agricultural interest that protection which it had a right to expect and demaild. Lord ALTHORP explained the plena proposed for the protection of the agricultuiat by the imposition of certain duties on the im pnrtation of foreign corn, and declared his conviction that the fan..er need be under no alarm. for should tl.e proposed alterations take place, his interests would not be lost sight of. Lord MILTON then rose, and at considerable length defended the measure which was about to be brought forward for the altera tion of the Corn Laws. It was a question, he said, between the Legislature and the landed proprietors, and one in which the tenant farmer had little or no interest. Those who thought otherwise he considered to be under a delusion. The tenant for fourteen years ' might be said to be in some degree interested, and the tenant far seven years was still leas so; but the tenant at will had nothing to do with the question, which, as he before said, lay between the Legislature and the landed proprietors. In ease of any material Alteration in the Corn Laws, the landlord and tenant at will, not being bound to ere!) other, were at liberty to enter into fresh en gagements, and therefore the tenant had no cause for Complaint. A reduction in the price of corn would lead to a reduction of rents, and thus the landlord would ultimately be the sufferer; but he Lord Milton) looked at the contemplated change in a more ex tended point of view than an merely between landlord and tenant— he deemed it necessary to the pinaperity of the commerce of the country. Foreign countries, which could not pay for our manufac tures in money, could barter with us in corn; and if a sufficient duty were laid upon their corn to protect the British agriculturist, the measure was one of policy, and ought to be carried into effect. His Lordship made some further observations, with a view to con vince the farmers that the tenant at will hart nothing at all to do with the question, and the tenants on leone very little, and then sat down, these unpalatable sentiments having been hissed frequently during their delivery. Sir %V. Cooxit said that though he agreed with the Noble Lord who had spoken, as to the propriety of en alteration in the Corn Laws, yet he differed with him entirely as regarded the interests of the farmer. lie consideted that the interests of the landlord and te nant were inseparably connected, and that they must stand or fall together. He bed been absent from England sonic time, having only arrived from the Continent last night, and had, therefore, not given the subject that attention which it dese r ved ; but it appeared to hint, elitt the importation of foreign corn, undr such a protect ing duty as would secure to the English grower a fair remunerat ing price, would be preferable to the present Corn Lows, as pre venting those great sudden fluctuations in the prices of corn to which we were now liable. S. WALKER, E.q. now rose, and proposed the health of Lord Milton : no sooner, however, was the toast announced, than about one-fourth of the company simultaneously rose, and left the room without drinking it. His Lordship's health was drank by the re mainder; but the Noble Lard, evidently chagrined by the treat ment he hiul experienced (although some orbits friends tried good. humouredly to persuade him that it was not through any disrespect towards his Lordship that so many of the company had departed), soon afterwards quitted the room. The Chairman, accompanied by Lord Althorp, Sir W. Cooke. Sir John Rpm, &c. &c. shortly afterwards retired, and E. D. De nison, Esq., was called to the Chair, under whose presidency a part of the company were kept together i n p er f ect goo d humour for some time longer. UNIVERSITY' INTELLIGENCE. OXFORD. AUG. 19. Lately was married, at Kiiravock Comte, Como R. Innea, Esq. H.A. of Balliol College, to Isabella, eldest daughter of Hugh Rose, Esq. of Kilravock. A fcw days since was married, Edward Dawson Legh, Esq. of the ;Biddle Temple, and formerly of Brasennoae College, to Csthc. rine, eldest daughter of Sir Christopher Robinson, his Sloleaty'a Advocate-General. in Sunday last died, aged 83, the Rev. Rd. Grant, M.A.for merly a Student of Christ Church. and for 86 years Vicar of Blackbuunon, in this county, which Vicarage is in the gift of the Than and Chapter of Christ Church. He was also Vicar of Shunted 31ountlitchett, and Hector of Wenningtun, in the county of Essex. The I.:•rd Bishop of Salisbury holds his Primary Visitation at St. Helen's, Abingdon, on Monday next. His Lordship intends confirming at the Caine place on Tuesday. The Lard Bishop of Salisbury will hold an Ordination on Sun day, the 24th day of September next. The Lord Bishop of Bath and %Vella intends to hold an Ordina tion at Wells, on Sunday, the 8 h of October next. ECCLESIASTICAL PRO:110 !lONS. Rev. Mr. Deresford bu been instituted, by authority of the Lord Ilish , p of Cloyne, to the valuable Living of Inniacarra, vacant by the resi•mation of his father, the Hon. and Rev. Geo. De La Poer &Tedford. Rev. C. Arnold, B.A. to the Rector) of Wakevly, Northamp tonshire. Patron, the Marquis of Exeter. Rev. Dr. Wrench, of 1 trinity Bell , Cambridge, and Rector of Sunning, Kent, has been elected MiniNter of the Chopelry of Blakeney, Gloucestershire, vacant by the death of the Venerable Archdeacon Sandiford. Reverend Abercromby Gordon, to the College Church in Aber. d • I. The Bishop of Lichfield and Coventry has presented the Rev. W. E. Cohi well, Rector of St. Mary's, Stafford, to the Vicarage of High (Alley, in the same county, vacant by the death of the Dean of Chester. DREADFUL FIRE, AND TWO LIVES LOST. About twelve o'clock on Saturday night, an alarming fire broke out in the house of 31r. Parker, of No-10,Wilmington-square,Spa fields, whose lady kept a boarding-school for young ladies. It would appear that all the family, including Mr. and Mrs. Parker, had retired to rest before the tire broke out, as it was with the ut most difficulty that any of them were pre.erved, even in their night clothes. from destruction. Mrs. l'arker and the servants escaped at the front door, while several of the young ladies were rescued from death by 31r. Parker, a backgammon table maker, living in Merlin-place, who, at the risk of his life, saved four of them by taking them out of the first and second floor windows, and was courageously proceeding to the attic story, through fire and smoke, to save a child live years old, but in this attempt he had nearly perished, for he WI down from sidll•sation, and was carried out of the Mantes in a state of stupefaction. Mr. Parker, the proprietor of the houpe,was seen actively engaged in assisting to preserve the lives of his family ; but it is lamentable to state, that in his praiseworthy endeavours to accomplish so de sirable an end he lost his own life, and so late., tire o'clock yester day the body of Mr. Parker was not found. Indeed it would seem, from the state of the ruins, that up to that hour no endeavours had been made to find either the body of Mr. Parker, or that of the Mile girl who was asleep in the attic story, and who is also missing. :t has been ascertainci, ;tat the lire broke Out in the kitch e n t supply tche s n;atid such 111111 the rapidity of the flames, that, hut fur the l; of water, and the active assistance of the neighbours and two parish engines, the adjoining houses must have been also destroyed before the arrival of the firemen with the Assurance Office engines. There was not a single article of property or furniture preserved front the flames. Accounts from Blackburn are favourable. Business wears a better aspect generally; more confidence and wore goals putting out. Mtancei.ove EBCAPE.—On Saturday afternoon, as the Mercury coach, travelling between London and Glouces ter, was leaving Oxford, at one o'clock, after having changed horses in that city, by some accident one of the linch-pins fell out of an axle -tree, and the coach was in stantly thrown on its broadside. All the outside passengers were precipitated to the ground ; but, owing to the very moderate pace at which the coach was proceeding, no one of them sustained any injury beyond a scratch or two. There is no blame to be attached to Mr. Howell, the driver, ' we understand; and the circumstance happened entirely from one of those accidents which sometimes occur after the greatest pains to render everything secure have been taken. A violent jolt upon the stones is supposed to have loosened the pin. THE BRITISH PRESS. 1..11V NOTICES. COURT OF CHANCERY The Lord Chsneellor will attend In his Private• Room, Lincoln's Inn Hall, this day. at Eleven o'clock In the forenoon; sod ti is *spotted his Lordship will sit during this week al the sane hour. WESTERN CIRCUIT. BRISTOL. Auo. I& (Before Mr. JusticsLITTLtDAI.6.) MALRENZIE V. 114NCOCK. Mr. IV/LT.IANS (with whom sou Mr. Ca; TEM stated, that this was an action brought to recover the value of • mare, gig, and harness, and 101. in money, which the plaintiff had given to the defendant for a mare which the defendant had warranted mound, but which was afterwards discovered to be unsound. It would ap pear that the plaintiff was • lieutettannt in the army, and finding it necessary to gn from Bristol to Witrminster on regimental bun. ' ness in January last, he travelled down in his own horse and gig. He 'topped at the house of the defendant, who is an innkeeper at Warminster, and seeing a mare belonging to the defendant that ! he conceived would suit him better titan his own, he entered into negotiations with the defendant with a view to the purchase of the mare. Fifty or sixty guineas was named by Hancock as the price of the mare; but the plaintiff, like other gentlemen of hit pules- skin, was not overstocked wilt money, and alter some little COll4l. deration, he bargained with Hancock to give him his mare, for 101. with the mare, gig, and harness which belonged to Lieutenant Mackenzie. A regular exchange was agreed to, and effected upon these terms ' Mackenzie stating that lie was nu judge of horse*, but that he depended on Hancock's warranty ; ice reply to which Hancock wteired the plaintiff that the mare was perfectly sound. Mr. Mackenzie was a tot soldier, and not at all conversant with horses: the horse had the general appearance of soundness, and Mr. Mackenzie was deceived in him, fur upon bringing the horse to Briatul he was found to be decidedly unsound, and it would be proved that he must have been unsound for many atontha before the warranty given by the defendant. Mr. Mackenzie immedi. ately returned the horse to the defendant, wit() refused to reecire him or to break the bargain, unless 3lr. Mackenzie allowed him to retain the 101. given as part of the purchase. Under these circum stances Mr. Mackenzie came into Court, and what defence he in tended to make was unknown to die plaintiff. The only circum stance which threw any difficulty upon the plaintiff in proving his case was, that no angle person was present doting the whole of the negotiations hetwean him and the defendant. There were, fortu nately, however, a number of coincident circumstances which would be given in evidence, and would fully support the elite. It seemed the mare had a disease in her fore feet, which rendered her if not completely. at least comparatively useless. The fact of emu .1 and distinct warranty would be ;vowed by three separate witnesses, and there could be no doubt that it was unsound when sold, as the plaintiff bought it tin the 2611 January, and actually returned it as unsound on the 27th of January. twolliy4 atter. James Cary sworn—Said he knew Hancock, who keeps the Angel Inn, at Warminster. Was In his service ; saw Mr. Mac kenzie at the Angel, on the 24th January last. Mr. Mackenzie came with a horse and gig. After being some time in the house Mackenzie and Hancock came into a ambit where Mr. Hancock's mare was. Witness heard Mackenzie say, " I'll give you that if you like." Iles-'cock answered. " Veit well." Mr. Mackenzie then drew forth his purse, and took from it a note, which he handed to Hancock, saying, " you warrant the mare sound and Han. cock replied, " Yes, I do, and more than than, I'll give you the address where I got her." Next day Mr. Mackenzie took away the mare, bridle, sod saddle, and left the horse, gig, mild harness he had brought the day preceding. Cross.examined-31ackentie had the mare out before he bought her. There was nothing said about a warranty of :Mackenzie% mare. Hancock had the mare he sold for several weeks. and used her as a post horse. Witness and his master twice quarrelled. Witness did not like his master's manners, and told hint if he slid not conduct himself bi tter he should leave in. There was a person named Edward-. present, when witness overheard the conversation between 31ackenz:e and Hancock. Witness quarrelled with Han cock about his wife. William (lift is a coach master, and resides at Bristol. Knows the defendant, who called at witnes.'s house, 'ome months ago. Ile asked witness where bee, a veterinary surgeon, lived. Witness said he was just going to him, and defendant accompanied him. As they walked along, defendant told witness that he had a dispute with Mr. Mackenzie, about a mare which he had chopp. d with Mackenzie fur another mare, a gig, harness, and a ten pound note. Witness said nothing at that time about a bridle and saddle. sub aequently witness bad another conver: , alon with Hancock, who said he did not want to go to law, and would take bark the mare, and return Mackenzie's gig and mare, it Mackenzie would let hint Ir.'e the It)!. he had recetved from him. At the subsequent con venation Hancock mentioned having given the saddle and bridle with the mare. Hancock said they were worth aka+ et a pound. Cross-examined—Defendant did not say any thing to witness about warranting the mare sound.. He talked of keeping the Itlf. to pay for putting the mare in condition again. Robert Harshaw, a sergeant in the Eighth Regiment of Foot.— Knows Mr. Mackenzie, who is in the 61st regiment. Witness was quartered at Warminster in January last. Saw Mr. Mackenzie at the Angel Inn widt Hancock on the twenty-fourth of January last. They were In the inn yard. Witne.s was there on duty. Ile heard plaintiff and Hancock bargaining al- ut a mare. The former said he was no judge of either a mare or horse, and was only taking it on Hancock's word. Hancock then said, " I warrant her a sound mare." Cro e.examined.—Witness was recruiting at this time under the =pa a endence of Mr. Blackenzie. He saw no one but James Carey in the yard. Daniel APClelland, a soldier in the filet regiment, is acting as servant to the plaintiff. Was sent by his master with a mare from Bristol to Warminster on the 27th January. His matter hail only brought the mare to Bristol on the evening of the 25th. Witness then saw defendant, and told him that he brought back the Mee, which he understood the defendant had warranted as sound, hut that it had been proved in Bristol to base been unsound. Defendant then observed that he had warrun:cd the mare, and that she was as sound as any mare in England. Witness then demanded the mare, gig, harness, and a 101. note, which Mackenzie had given Ilaitcock. Defendant refused to take in the mare, and witness then informed him that his orders were to put her at livery. Hancock then desired witness to step at Warminster until he went to Bristol and saw Mr. Mackenzie, and witness acquiesced. Defendant soon after set off for Bristol, and on his return told witneis that Lee, the horse surgeon, would war rant the horse sound. Witness asked him if he had brought any message from Mr. Mackenzie. Defendant answered that lie had not seen Mr. Mackenzie at all. Witness then s iid he would put the mare at livery. Sergeant Ilarehaw was; present at the first conversation witness had with the deter dent. Hinshaw was then recalled. Ile stated that he had heard almost all the observations deposed to by the last witness, but did not hear the defendant say he lia.baarranted the mare, and would warrant her as sound as any mare in England. Nathaniel Lee has been twenty years a veterinary surgeon. Ex amined the mare sold by Hancock to :Mackenzie on the '26th of Ja nuary. She was then extremely lame. He found that both her fore feet were convex reed the e u.t much broken. The diets,e must have been on the mare for two or three months, and undoubt edly rendered her unsound. cross-exam:tied—Witness was concerned in a former sale of the mare, in December last. It was the 2eil of December. Witness then warranted the mare sound, under the direction of the then owner. The mare's feet had been pared too clue in shoeing, and the slightest pressure occasioned her to bum. Her feet required to be protected with iron, as they were not capable of pressure. Shoeing would have made the mare go sound, if she had been properly shod. The mare was kept about a week in witness a stable. It is part of his business to sell horses for other persons. The mare in question had been put up to auction, and was run up and down the ride. From the state of the roads at present, all horses require pe culiar care in shoeing. Macadamizing the roads has made them so hard that the horses are sure to suffer. The chang es in the roads are beneficial to carriages, but injurious to horses. Witness never means to erect a statue to !Ir. sCAdain. (A laugh.) If the horse in question was properly eliod, and attention paid to her, she would do the fair work of a horse of that description of feet. Witness conceives that all horses with that description of feet are unsound. Mr. Mackenzie told witness he would have sonic difficulty in prov ing the warranty. Mackenzie rode the mare from Warminster, a distance of thirty miles. Mackenzie is a heavy man. When he brought the horse to be examined, he told witness that lie had a warranty. The Lieutenant's gig, harness, an d h orse were wort h about 251. The horse was originally sold for 261. Robert Parry, a veterinary surgeon, saw the mare and examined her feet on the 20th January ; the Mate wax decidedly unsound, and still continues so ; she must have been unsound for some months before witness saw her. Horses with convex feet are usually consi sidered unsound; horses of that description generally improve by rest. John Turk—Has been conversant with horses for many years ; he offered Mackenzie 201. for his mere at Christmas last, and thinks the gig and harness may be worth about 251. Lee was recalled, and stated that defendant's mare would be worth about 351., if she was sound ; in her present state she was not worth above 151. or 20/. Mr. Sergeant WILDE (with whom was Mr. Girwwilete) then a dd res ., e ,', ;the. Jury for the defendant. Ile said, there was 110 case in which a defenaa.:t had inure digit:ill:les to contend with than in a horse case. The j etetttat ,o of warranting a home as sound, which afterwards prowl to have been !one than the contract, na turally and reasonably excited a prejudice. t;es client, however, could have no such impression to contend against. 71.; mare was put imp at Lee's on a warranty of service, and was purchaser of the defaralant as sound, he believing it to be so. It was moat remark able, that neither Lee nor his servants had detected this "decided" unsoundness, although the animal was under their care, and ran op and down the ride. Ile contended the warranty had not been satis factorily proved. Justice would be much advanced if contracts of this nature were always in writing. Few prudent men wo :Id form such a contract, without the protection of writing. In deubtful cases, when the warranty was imperfectly proved, the man who neglected an obvious security ought to sutler. If a war ranty was actually proved, he admitted a man ought not to escape because the a'eeemeurt wa. verbal ; but inn doubtful case like the present, the principle ought not to be lost sight of. The Jury could not depend upon that species of eaves-dropping evidence which was adduced in support of the p laintiff's case. The plaintiff's wit nesses heard just what would tell well for th:nirdnktna-estw nothing er,nin o othti itsng else. They swore to a solitary expression. connexion. This kitd of evidence should never be depended rm. There was once a soleme case, where such evidence was used to convict two men, wino were afterwards executed at the Old Bailey. The Jury probaely retnembeted the circumstance, as it was ern dered remarkabk by the death of nearly thirty individual*, who were killed by an accident at the execution of Haggerty and Hallo way. the two men to whom he alluded. These men were convicted on this kind of piece -meal evidence; subsequently, circune.tatics occurred which threw great doubt nn the propriety of that CallViC• tion. lie insisted that it was unjust to act mem such evidence M any came. That illustrious lawyer, Lord Erskine, had given a splendid illurration of that kind of evidence. though probably not an original one. Ile observed, that by taking part of a verse out Of the Bible. withou , giving the context, you might make the authot of the book say—.` there in no God;" but how was it changed when the context was added ? The text then run thus, " the fool Keith in his been there Is no God." He did not say the witnesam perjured themselven, but he said the Jury ought not to act min-. the evidence of such witnesses. Mr. Alackenzie'3 itnpr a. II!0,11 were no guide to the Jury. Ills client denied that there had been any warranty, and he contended that the unsoundness of the mare had not been proved. If lameness was pemianost, he admitted it constituted unsoundness; but when lameness was occasioned by the degree in which the feet were pared, it ought not to be considered unsoundness. flow could this horse be considered unsound. which had borne a heavy man over thirty miles, when she was in the worst condition ? lie would call two witness es , who would prise, that the first witness. Cary, was not present at any of the conversations of which he had given so imperfect an account. if he proved that, it was so strong a feature in the case, that he thought the Jury must find for the defendant. If he failed, it was necessary for him to make a remark upon the question of damages. The only damage which the plaintiff could legal) y claim Irma the actual difference in value between the mare if she had been sound, as it was alleged the defendant hal warranted, and in her present state, sit it was described by the witnesses. itir. Lee had stated that the difiltrence of value between the mare in a sound state, and her present, dill not exceed 15f. or 201. This, therefore, was the greatest amount of damages to which the plaintiff was entitled. even if he had satisfactorily pruv.d his case, which he contended he had not done. Won. Hill was under-hostler to defendant on the 25th January. Mr. 311ackenaie arrived in the evening at the Angel Inn; the day before this witness heard defendant tell the witness Cary that he did not wish to see him again in the stalle.yard ; witness did not see Cary in the yenl tile whole of that evening ; witness um his master and Mr. Alackenzie. in the stable ; Catty was not there at that time, nor any where within hearing. Mackenaie said, " I hope, Mr. Hancock, it Is all right ahnut the horse;" to which Hancock answered, " I have not had her long, but it sho is out I shall give you a reference to the person from whom I bnuglit her." To this observation plaintiff only said, " Thank you." Witness heard no conversation about money. John Edwards, a peat-buy in the service of Hancock, heard his master bargaining with Lieutenant 3lackenaie about a horse. Hancock offered to sell any horse in his stable. The plainthi . chose the mare in question, and rode her out. After his return the Lieu tenant said lie would have no objectina to take the mare if Mr. Hancock would warrant her sound. Mr. Hancock said he would give a reference to the person from whom he bought the horse. Witness heard no mow, but that his master said he only had the mare for a few weeks. Witness did not see Cary present at this conversation. Wilitant Davis is a coach-maker residing at %Warminster. Heard the plaintiff and defendant bargaining about the mare. ‘Vitness valued the gig and harness beloning to Mr. Mackeuxia at 1:11. Hancock told witness, in plainti ff's presence, that lie offered him the mare for 201., and witness told plaintiff he need net li.sitate ; the mare was worth more than that. Thomas Bolton is hustler at the Horse Bazaar. Tried the mare in question, to ascertain whether she was lame or net. Did nut find that she was lame; must have perceived it it she had been. John Edwards, the hostler of the Red Lion, where the horse now is, was called to prove that the animal does nut appear lame. lilt. C. F. WILLIAMS replied. The !mimed J v noL then summed up, and the Jury, after a short deliberation, re7urned a verdict for the plaintiff. Damages 351.—The Learned Judge said. he was decidedly of opinion that the damages were excessive. It the Jury reduced the amount it would probably prevent the necessity of an application above. The FoitEstAx maid,-3iy Lord, we valued what Mr. Mackenzie gave, including the lOL note, at 50/., anti we don't think the mare he has got worth more than 15/. Mr. Justice LITT LEDALE—WeII, Gentlemen, it is your vet. diet. not mine. The verdict was then recorded ; but it was subsequently agreed between the parties that the damages should be reduced to 251. There was no ocher cause tried io the coarse of the day of the slightest public interest. IVOR TIIER.V CIRCUIT. LANCASTER, Auck. 18. MURDER. THE XING ro. ALEX. KEAN, alias WIELAND, AGED 3e, AND XICDAEL KEAN, °brie MICHAEL WKEAND, mien 24. • In consequence of the trial of the prisoners, who are in custody for the wilful murder of Elizabeth Bates, having been appointed for this morning, the avenues leading to the Court were crowded at a very early hour. The gates of the Court were thrown open at eight o'clock, and the rush of persons was so great that the Court was almost immediately filled. Ina few minutes it was crowded almost to suffocation, and at nine o'clock, when Mr. Justice Park took his scat, the prisoners were put to the bar, but as the places appropriated to the geatlemen of the bar, and the gallery for the Jury, had been filled by persons who first obtained admission into the Court, a considerable time elapsed before the officers could clear those places; but as several persons who were in the gallery refused to quit it, on the ground that they had been summoned to come as Jurors, is order to ascertain who were Jurors, his Lordship di iec:ed the pannel to be called over, and those whose names were not in it were obliged to leave the places they had kept posseasion of for upwards of an hour, at no inconsiderable degree of incon. venience. Order having been restored, the prisoners were arraigned, and the indictment was read over by the Clerk of the Crown. The indictment charged the prisoner, Alexander Kean, alias Alexander M•Keand, with having, on the 22d of May last, at Barton-upon. Irwell, in the parish of Winton, in this county, feloniously and wilfully murdered Elizabeth Bates ; and the priaoner Michael Kean, alias Michael 11.1•Keand, with having, on the said VA of .lay, at tire said place, comforted, maintained, aided and assisted the said Alexander Ill'Kean, alias Alexander M'Keand, to do and commit the said murder. To this indictment both prisoners pleaded Not Guilty. A model of the house in which the murder was committed was placed upon the table, to enable the Jury to understand more per. fectly the evidence for the prosecution. When the officer of the Court was about to swear the Jury, Mr. 1). F. JONES, who conducted the defence, said he should challenge every Juror from Manchester and its neighbourhood ; and therefore two gentlemen, named Bailey and Bairow, who came from that part of the county, and who, having answered to their names,' had taken their Seat/ in the Jary.boz, were ordered to Iretire. The following Jury was then sworn : . James Boardman, Liverpool Samuel NVondliouse, Evertc•n Bryan CoMitt, Great Bolton Thomas Webster,Toxteth-park, John Mather, Headley Liverpool Samuel Parkins, Evertors I John Yates, Present Janizs Rainlon. Evertan William Ackhursr, Preacot John Smithers, Chorley John Ashworth, l'tescot Robert NValworth, Cnorley I Mr. Cou ENAY having stated the nature of the charge in the irdhstmemt, . _ . Mr. Sergeant Cnoss stated the facts of the case for the prosecu tion, and called the following witnesses. Martha Bleats examined by Mr. Cott IITENAV—t am the wife of Joseph Blears, who is a publican at Winton, in this county. On the ;!..fal of May, the prisoner, Michael M'Keand, came to my house five o'clock in the evening. Ile asked for a glass of beer. Ile came alone, and had no corners along with him. In about an hour;afterwartls, Alexander, whom I had known upwards of twelve months, came to my house. I had never seen Michael before, but Alexander l-td been in the habit of occassionally fre quenting to house in his travelling rounds. Alexander WAS in the habit of hawking tea and sm.:kings. When Alexander came into the room, where the other prisoner was, they did not take notice of each other. Alexander asked me for a glass of beer and some bread and cheese; when I brought it the other prisoner said, as the other gentleman had bread and cheese, it' I would bring him a knife, lie would take some along with the other gentleman. Ti ey then called for more drink, with which I supplied them. They ' were sitting in the bar, but they did not for sonic time converse to gether, as it' they were friends. There was a sofa in the bar. I some • times left the room, and when I looked at them from the kitchen, they were whispering. They could not see me at that time. When I went it with some liquor Alexander asked me ifmy husband was at him home, and I told hi t hat be was gone to Manchester. At this time they had been above an hour in the house. He naked me how long my husband would be away, nod I said I could not tell, but I supposed lie would be back as -win as possible. I asked hint if lie wished to see my husband about anything par ticular, and he said, no, he only wanted to treat him with a glass or two of whiskey. My husband returned about eight o'clock, and Alexander shouted for him to come into the bar. My husband went into the bar, and Alexander called for two half noggins of whiskey for himself any my husband. In some time afterwards, my husband left the room, and Alexander called him back, saying, soy husband should partake of another glass. They were then served with two halt noggins more. Michael was at [het tittle drinking wine; he had two glasses of wine and one bottle of cider. Between nine and ten o'clock. my husbnlid was lying upon the sofa, seemingly intoxicated. Whilst my husband lay on the sofa, Alexander poured some liquor into his month. That roused my husband, and he asked me toe a glass of water. The liquor which was poured into his mouth made him cough very much; but after he drank the water, he fell asleep again. I then went into the kitchen, and from thence I looked into the bar, and observed the two prisoners whispering together. Whilst my hus band was on the sofa, Michael asked me if I could give them a lodging, and I said I did not take in lodgers. He haft nothing at that time ; hut at ten o'clock, lie again asked me for a bed, and said, they had a good steal of money on them, and they did not like to go on to Manchester. I said, if they coald make shift with what I had, they were welcome to it. About a quarter of an hour before they went up stairs to bed, both prisoners went out of torp,kre I th said, ai bde,„and "some_ the house, and did not return for sonic minutes. Before th e y l e f t the bar to go up stairs, Michael asked me if my husband alwayi went to bed when he was drunk, and I replied that sometimes he did, anti sometimes did not. He also asked me, if, w h en my husband times I do, and sometimes don't." Michael then asked, oure sat rea u d p, 1 al yP, I w ba ay i s l g iven s at up p wi ordersih hint; pe a n d therefore told them it was ready. I had but one female w:rvant, named lle'ty Bates, and I called to her to show thew up to the double-bedded room over the kitchen. There was a boy named William Higgins, between 14 anti 15 years of age, sleeping at the time in the (Jumble-bedded ros m. The boy had been in bed since nine o'clock. It was past eleven o'clock when 1 told Betty Bates to show the prisoners up stairs. She led the way with a candle in her hand, and was followed by Alexander and Michael towards the stairmase. After they had been gone about two minute*. I heard Betty make a dismal si.s.ike (scream); ►wan then ini the bar, where my husband was *deep. I took up a candle, and war going towards the strata, but I Ilea hardly put o.:e tot otitakle the bar, when I was breasted by Michael, who et. kited some thing through my neck. I fiord afterwar ds that it was a knife. Ile then dragged ne down upon my knees at the tap-room door, clapped his hand upon my throat, and entre me this cut on oty forehead. (The witness hail a sear about an inch and a belt long, about the centre of the Axel:earl.) He then drove the knife under soy eye, where it stuck fast, and he could not dm, it teat. He at. tempted to draw it out. but tee handle broke off. He then went out of the back door, and left me on my knees bleeding. I did not call out, because alicheel kept fast hold of me by the throat. After he left me 1 rose from my knee., and I then heard a whistle. I ran to Richard Andrews's cottage, and gave the alarm. Richard drew, is married to my niece. My house stand, alone, and there is only a small cottage opposite to it; and Richard Higgins, rmw was in his shirt, came running towards me in the garden, and I was carried home. Cross-examined by Mr. D. F. Josexs—l had never seen Michact before; but from eight o'clock up to the time of the murder, I found that they knew each other well. Jesse Jones, Slum Eeel,s, and Thomas Partington, were in the house whilst the prisoner's were there. There was also a man named Wilson. I don't think Michael ever went up stairs. I did not see Alexander down stairs after lie went up with the girl. When I came out of the bar elt chael wan standing up against the opposite w a ll 4 and he c ou ld n o t fern that place set what woe going on in the lodgin 4 room. Betty Bates was a poor woman, that worked for her living. I paid hit as. a week. She had no property. The name or my oppeeee neighbour is Valentine. There is no person living in his (muse ex cept himself and his wife. Witco Michael came in at hire recluee. in the evening, there were no persons drieliCtig in the house. Re-examined—Before the prisoners left the bar. I locked elm street door. I am certain that there was nobody in the trustee except the prisoners and my own family. I can't say whether both or either of the prisoners went up stairs. I could not see time stairs from the bar. I don't know that the prisoner's knew that there was a boy in bed up stairs. I did not hear any one tell them that a buy up stairs. By 31r. 1). F. Joxes—The boy was about the house before he went to bed. By the Couar —I locked the front door, but I only latched the back door. I can't say how many steps there are from the Mot of the stake to the bid room. The other three men left the house of their own accord. Joseph likens examined by Mr. Sergeant Cense am the has. bend of the last witness. I hsd known the person of Alexander .IPlieand for thirteen or fourteen months before the 22d of May las'. At Whitauntide last year, he bought a canary bird and a cage from me. Ile used to frequent my house every third rti. day. %Then I came home, about eight o'clock on that evening, was sober. The prisoner Alexander asked me if I would have a glass, but I said I wanted something to eat first. He pressed inc very much, and I took a glass of whiskey and water before L had any thing to eat. I then went to have something to eat, and serer an absence of five minutes, I returned to their company. My glass remained on the table, and when I returned 1 thought my grog was stronger than my mistreat usually mixed it. I con tinued to drink with them for sonic time, and I then fell asleep on the sofa. A fikedly society meets at my house.'They their strong box there. That fact was well known. A short time before the Orange Society had a dinner at my house. On that day I received about 'eel. The strong box of the friendly society generally contains about 301. The strong box of this Orange Society is also kept at my house, but I don't know whit many is generally in it. When I awoke, I was stupid, but I did not nut think the qtiantity of spirits that I drank was sufficient to intoxicate me. I have frequently drank four or five half nog gins without being intoxicated. 1 was awakened in consequence if a great noise, and the falling of the mugs, which were hung up around the bar. I don't know who made the noise, but when I awoke, I saw my mistress at the bar door, all covered with blood. At this time it was nearly one o'clock, and there was sufficient light to enable me to see all about. In consequence cat what was said to me, I went in pursuit of the prisoners as far its Warrington, which is thirteen miles from my house. I did net find the prisoners. When I left my house in pursuit of them, I did not know that my sereunt was dead, but I heard she was wounded. In about a week afterwards, I went to Appleby, where I saw the prisoners, and I identified them before biz Philip Musgrave. At that time I remarked, that they had shaved their whiskers, and that their coats appeared white front the elbows. '1 heir clothes were of the sante colour as those they w' re at my house, and Michael had on the same waistcoat which he w weirs. Cross.examined-1 had a gill of porter at Manchester. and I had a share of a tenknrel of porter between three of us at the Boat-house. This liquor, with two glasses of whiskey and water, would not be sufficient to make me drunk. I don't remember having had any dispute with the other men that night. I don't recollect having turned any of them out of my house. When I saw the prisoners at Appleby, they were in custody upon this charge. No person, ex.. cept myself and the members of the club, knew what money was in the boxes. The prisoners did not belong to either of the societies. The boxes were kept its my bed-room, but I can't say that either of the prisoners went that night into that room. By the Couae—Neither of the prisoners had any conversation with me about the societies ; but Michael took down a paper which hung over the mantel-piece, and said, I see that the entrance into the Change Society is les. lid. The Friendly Society is a sick club society of women, who contribute 2s. 6d. per quarter, to be provided for in case of sickness. Thomas Partington—l was in the tap-room in Blears's house on the 22d of May last • I went there about half-past eight o'clock, and stopped an hour. I saw the two prisoners silting in the bar, with the landlnre on a sofa. I had seen the prisoner, Alexander, before that night. I had seen him at Blears's house. I remem ber Blear; coming out of the bar into the kitchen, and I saw Alex. antler pour something out of his aloes into Llleare's glass. and he then poured something out of a pint jug into his own glass, and the prisoners then said something one to the other, but I did not hear what they said. Cross.exannned be Mr. D. F. JONES-1 can't say that the land lord's glass was empty when Alexander poured the liquor into it out of his own glass. I left some men in the tap-room, when I left the house ; their names are, Jesse Jonee, John Blears, Robert Nilson, and others, whose names 1 don't recollect. Whilst I seas in the house there was no dispute between the landlord and the other men. When I saw the prisoner, Alexander, pouring the liquor into the landlord's glans, I sots in the bar fur the purpose of getting a pipe of tobacco. Robert Wilsor, examined by Mr. Sergeant ('aose._l w a s i n Blears's house on the night in question from hall-past eight until half-past eleven o'clock. I went to the house with Jesse Jones and Thomas Perth - mein. When Par:ington left the house Jones and I went into the tea, where the prisoners and the landlord were silting. I saw Alexander pour his whiskey into Blears's glass. Blears was then looking another way, and apparently did not per. ceive what had been done. Alexander filled up his own glass with water, and then said, es Cone, Blears, drink up." The landlord drank up his glass, put his handkerchief to his mouth as if he had lost his breath, and then thank out of the jug from which Alex ander had previously filled his glass. The landlord was not asleep when Jones and 1 went away. I left no company in the house ex. cept the two prisoners. I saw Jones to his door, which is half-way between the public-house and my house. My house is about a mile and a halt' distant from the public-house. Cross-examined by Mr. I). F. Jowes.—When I went into the tap-room there were more than tine persons, but I can't say that there were not ten persons there. I remember the landlord woull not let Jesse Jones have any more ale. The landlord said he had had enough of Eccles folks, and that they had gone to Ameneca in his debt. The landlord got up to turn Jesse Jones out, but he did not do so to my knowledge. I am certain that the landlord was in the bar at the time Alexander ADlicand poured the liquor into his glass. By the COURT—Jesse Jones was not drunk. I sat upon Mi chael alelikand's left hand for above an hoar, and 'his dress was then nearly the same as it is now. Michael al‘lieand had on that evening larger whiskers than lie now hat. Wm. Higgins, examined by Mr. Cou HT E ant fourteen years of aee. On the night of the murder 1 went to bed about Mae o'clock; I slept in the double-bedded room. I was awakened about twelve o'clock at night. I saw the prisoner Alexander (whom I had known before) with Ilia left hand about Betty Bates's neck. He then appeared to be making his nonsense with her. When I awoke there was a candle in the window between the two beds. The man and the woman were struggling between the drawer., which were at the toot of uty bed. The woman kept saying, "tore over," " lie quiet," and 1 then saw the blood gusaing down front her throat. Doting the time that Alexander's left arm was aneut the woman's neck, his right arm Was across her throat, but I could net see wheter it was in motion or not Alexander then thing the woman down on the floor, and she screamed out murder. They were struggling very hard upon the floer. The woman got up, caught hold of his legs ' and said, " I'll mark thee, man." He thing her down a second time, and did something more, but what it was 1 could not sec. Whatever he did was done to the side of her neck. I was then lying down in the bed, and she came over to sue. I then rose up in the bed, and he put his left hand over my face, and pressed me down in the bed. Bin hand lett a bloody mark on my face. Whilst lie wax pressing me down the woman got up, and was about to leave the room ; she had got as far as the door plate when he left rae and caught her. They struggled at the door place. I get out of bed and rushed by the woman. The prisoner mas a grasp at me, and marked my shirt with his bloody hau l. pumped over the banisters, and he pursued ma as far as the rate behind the louse. I ran alone the back of the house, through the style, and back again :done, the hedge into the ditch, where I con cealed myeele When 1 got down to the rails, I saw limn' the prisoners together, running towards where I was, but what be came of them &foments I don't know. I saw Alt tivider last Whitsuntide but aldermen he bought a canary bird and ease irons my master. Barre the nielie-of the murder I had sere thew:None* Alexander mists. Dit twice St my master's house. I saw his face distinctly while( he was struggling with the womsh, and alien Ire came over me in th , bed. Before I went to bed 1 caught a glimmers of the prisoners' heads in the bar. but I did not see their ta:ea. Whoa I saw the presume Alexander strut/glow with the wornee, tecußected at once that Ise wasalie person 'dm had bungle the caaare bial of my master. Cress.: 'omitted by Mr. D. F. Joeta—L was ver y me th arti„.