The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1839-04-05 00:00:00

'At on. 1111 stsgtured respe ct' one of my horses. I saw nothing suspicious about . m. There is no habitation be tween my house and Belmont—there are two pits. -Between the cabin and the tunnel, and Belmont, there is no house. I saw a person named Holliwell at my house that day, while the deceased was there—he came riding on a white or grey horse. A great many people were in my house Some were of opinion that the deceased was shot with slugs, from the raggedness of his hat. The man, who came on the grey horse, said nothing to me. He remained but a short time. He drank a glass of ale on horseback, and went towards Belmont. It was past two o'clock when the Scotchman died. I can't say if Holliwell Was sober. I don't know if he is the same man that I have seen since I came to town. I heard three or four reports of guns before ten o'clock that morning. Four or five men were taken up on suspicion off the moor. The keeper of Mr. Ainsworth (Collis) was taken up. Besides him there were four others taken up. They all came to my house to see the body. There was a than, I was told, taken out of a turf cess, who were placed there to drive the birds away. It is usual for keepers to go shooting on misty days. Re-examined by Mr. DUNDAS.—The fog cleared away be fore noon, so that I could see the keeper and his party shoot ing ; they, in consequence of what I said to them about the murder, all came to myhouse afterwards, and all gave in their names, saying, they would be forthcoming when they would be wanted. By his LORDSHIP.—I have seen Collis, the gamekeeper, and one or two more here to-day. Mr. George Wilstenhome.—l live in Bolton. I was called in to see the deceased, by desire of the coroner, on Monday, the 12th of November, at Garbett's house. I made a post mortem examination. There was a gun-shot wound that passed through the head, and carried away the left eye. The gun must have been near the head, as the wound was not large, and the side of the head was scorched, as if by the pow der. I examined the head, and found in the brain six shots. The man died of the injuries he received. The shot pro duced appeared to be No. 3. Cross-examined by Mr. WrLici.)rs.—The shot has been in the possession of Mr. Burroughs, the constable. They were returned to me in the same way I gave them. The shot is much misshapen, and, though I am not certain if they are shot, or cut pieces of lead, they are uniform in their weight. Re-examined by Mr. DUNDAS.—I weighed them against other shot, given to me by -Burroughs about a fortnight ago. The shot was new shot. Burroughs told me he got the shot from Cartwright's, who sells shot and powder. I weighed them also against other 6 shot that Burroughs took out of a box—they weighed 24 grains, and those produced weighed only 18. I also weighed them against 6 shot brought to my house, last Sunday, by Mr. Holden, and they nearly, but not precisely, corresponded in weight. By his LORDSHIP.—The frontal and temporal bones are so strong, as to alter the shape of the shot. Mr. Garbet.—The deceased did not change any money with me on the 9th November; but the other Scotchman changed five pound of silver for a note. His pack was examined by the constable—no money was found in his pack. William Simms, examined by Mr. CRoss,—l am a collier at Horwich Moor. I called at Garbet's on the day in question. As I was leaving Garbet's, a Scotchman came in. I have seen Burrill since that time. I can't say if it was he I saw on the Moor. This was about ten o'clock. When I was between the Stumps and the Tunnel, I saw James Whittle. I did not know him before. He had a gun with him. I can't say if it was a double-barrelled gun. He was standing still be tween the Cabin, and the Stumps, leaning on his gun in the road. I stopped to speak to him about a minute or two. I proceeded to the Tunnel, and went into the cabin • there was no one there then. I was a few minutes in it when a tramp came in. Ten minutes after James Whittle came in. He had no gun then. He stopped two or three minutes, and then went out and walked towards the Stumps. Five minutes after, he came in again. He had no gun then. I remained five minutes there, and left him and the tramp together. The tramp had a blue singlet on, with drab coloured sleeves. I can't speak as to his trousers. He had a small bundle in his hand. Cross examined by Mr. WILKINS,—I am working at Lord Balcarres'. I have worked all my life there. I was going to my sisters' at Belmart, from Aspelmore. I won't swear I was working the day before ; nor can I say what I was doing. I was about Aspelmore with folk about pits. 1 was two days idle. I was not a week idle, nor four days. I can't tell why I gave over work that week. I received wages that Saturday night; I got about three or four and twenty shil lings. I did not work for the Lord, but for Mr. Creek, and Mr. Mr. Aitherley, at the Greenbarn, Blackrock. They dismissed me,—they might be sure it was not for " greatly" work, but it was for drink. I never saw the tramp. I had a fustian jacket on on this day. I talked with the tramp on that day. I did not see him for a month or two after, when I saw him at Aspelmore. I spoke to him. He was still on tramp. He had the same singlet, and had got a fresh jacket. When I got to Mr Orrell's factory at Belmont, it wanted ten minutes to twelve o'clock. I dined with my sister. I went to the cabin because it was raining. I stopped half-an-hour in the cabin. Re-em..miined by Mr. DUNDAS,—I saw a boy named Wm. Stott, who lives with Mi. Garbett, at the mouth of the tun nell ; it is about fourteen or fifteen yards from the cabin. The cause of my being dismissed from my employment was drinking. My sister was married to an engineer named Thomas Hope, and lived at Belmont three or four months. He now lives in Bolton. William Stott cross-examined by Mr. CROSS.—I am 13 years of age. I work at the tunnel. I was working there the day the Scotchman was found dead. I was at the cabin in the morning about 11 o'clock. I saw James Whittle, the prisoner, then in the cabin. I had known him before. There Nr.as an old tramp with him, and also William Simms. Simms had a single blue glodding jacket like the prisoner's. can't say how long he stopped there. I went into the tun nel and stopped ten minutes in it before I came out, and then saw them all again. I went again into the tunnel and saw in the cabin James Whittle and the tramp. I got my dinner about 12 o'clock. The prisoner was not there then. I don't know when the prisoner went away. I asked the prisoner the first time I saw him what time it was,—he said it was about 11 o'clock. Whittle was dressed as he is now. Cross-examined by Mr. WILRINS.—I have beeen exa mined very often about this transaction. Besides the coroner and the magistrates, seven men have talked to me about this in private. They have told me there is £lOO reward, and to stick to my story. They told me I must be particular as to the kind of clothes the prisoner wore. I have been with the witnesses in the next room. They have told me lam to have the share of £lOO, but they did not say how much I was to get. lam sure Simms' clothes were dark blue. Re-examined by. Mr. DUNDAS.—The cabin is a small one, and dark. I heard of the reward of £lOO the Sunday after the Scotchman was shot. Benjamin Burrell—l live in the service of John Foster, draper, of Blackburn. I am one of the travelling Scotch men. The deceased, George Henderson, was in the service of John Jardine, a draper, in Blackburn. He was about 20 years of age. It is the practice of our master to send us to go circuit, to receive orders and collect money. I knew the deceased in Scotland. I was not aware he was in Black burn until two months before his death. His route and mine were over Horwich moor every other Friday. I went home on Friday and accounted for the proceeds of the week. He (decasecl) told me he would pass the moor every fort night; we go home every week. I know Garbett's house on the moor ; I used to call at it ; on the 28th October we (the deceased and I) appointed to meet at Garbett's about eleven o'clock in the forenoon. I went on that day to Gar bett's, on my road from Horwich. I had a parcel in my hand and a pack on my shoulder. I got to Garbett's a little after 10, and stopped till about 11. When I was there, Geo. Henderson did not come. I saw Mr. and Mrs. Garbett. I stopped waiting for him till 11, and left word I was gone to Belmont. INI ent up the hill towards the stumps. I have since been shown where Henderson's body lay. I had to pass that spot going up the hill. I saw a person on the moor with a gun. As I was going up, a collier called out, and asked me was I going up ; I have seen the man, his name is Ratcliff. When I was going up, about the place I afterwards saw the blood, I saw a man on the moor about 50 yards from me. It was a very misty day, but I could see that distance. The man had a gun—he came towards me. I went on • he came off the moor, behind me, and towards me. He had got over a ditch—he was then 10 or 20 yards behind me. He asked me had I seen two men, as he expected to meet two off the moor. I said I had not seen them. I kept on my way ; he did not come up to me. I was near enough to see he was a tall man, dressed in black clothes ; he had a single-barrelled gun with him, with percussion cap. I walked on up thehill, and he behind me. I had not got many yards, when I looked behind me by mere accident, and saw the gun pointed towards me ; he was 10 yards off me. He was in the act of raising it (at the make-ready). When I turned round he asked me if I had not seen , any birds ? and then he lowered the gun. I said I saw, none, nor were there any, I heard the noise of none eitherp He then came nearer me four or five yards. I asked him if he could shoot birds flying ? he said he could, and if I went with him he would shoot and give me a , bird, and show me a foot-path to Belmont. I had told him before that I was going to Belmont ; was walking very fast, and the conversation was' still going on. He then told me the road was by the stumps, and to turn to the right hand towards the moor. He came behind me on the moor, as near as a yard or two yards. I did not then take particular notice of his features, but of his clothes I did. I observed his trousers were worn at the knee, and there was a patch I thought— indeed, lam sure there was on one of his knees. His trousers were short—his coat which was blue had skirts on it—his waistcoat wrs dark—and his hat he wore very low on his head. I saw that the gun had percussion caps. I cannot swear the prisoner at the bar's the man, but the general ap pearance of the man is the same. His clothes and height are the same, and that is all I can swear to. I was in company with the t prisoner at the bar at the inquest on the Tuesday and Friday following. I did not then form any opinion that he was the same man. I heard his voice, it sounded like the same voice. When I got on the moor, I went sor 10 yards, and not seeing any appearance of the foot-path, I told him I had my business to attend to, and went away. He did not follow me, and then I went on the road towards Belmont. I saw no more of him. Afterwards I was passing down the Stumps, I met two carters, (Heaton and Norris,) three carts and three horses. They were within 200 yards of the Bel mont side of the tunnel. It was a little before 12 when I got to Belmont. I was afterwards sent for : a little boy came for me from Garbett's. I got there a little after two, in a short time after the deceased died. Cross-examined by Mr. WILKINS.--I have been out shooting-hi Scotland. Can't say if there is anything unusual in sportsmen holding their gun as he described above. I heard a shot at a distance from me, the report of which came from the direction I left the man. Jt was about 11 o'clock in the day that I heard it. By his LORDSHIP.—I know the noise of moor-game when they rise. There was no such noise made when the prisoner raised his gun. Win. Fletcher, examined by Mr. L. PEEL.—I was work ing at Mr. Garbett's pit, for a person named Heaton. I left work about 11 o'clock. On my way home I saw the prisoner in an old road, at a turf-cess. in the opposite direction from the Five-houses to Mr. Garbett's house. Whets I first saw him he was standing still. He had a gun in his hand. He asked me had I a play-day. I said " Yes, my mas t er ' s go t bagged (turned off). ' The prisoner came within three fields of my father's house, which is at Quaker John's, with me, and then turned to the Five-houses. It was a quarter to 12 v.aen I got home. Cross-examined by Mr.WlLimvs.—The turf-cess is about half a mile from the place where the Scotchman was killed. Sarah Lomax, examined by Mr. Caoss.—l live at the Five-houses. I live between the prisoner's house and Gar bett's. I was at my own fireside when I heard the news of the murder. I saw the prisoner before I heard the news, which was about half-past 12' o'clock. He was coming in the direction from the place where the murder was commit ted, and was walking in a moderate way. Mary Entwistle told me of the murder. I heard her before I saw her. She called 'out to Mr. Garbett that the Scotchman was killed. I saw the prisoner standing betwixt our door and Garbett's, on the cart-read. He could have heard what Mary Entwis tle said, as he was outside and I was inside, when she told what had happened. Cross-examined by Mr. WILICINS.—I told this story to the attorney a week last Friday. I never heard anything about a reward, in case this young man is convicted. After hearing the report of the young Scotchman being shot, I went to the place where the body was. I saw a man on a grey horse standing at Mr. Garbett's door that day, taking a glass of ale, while the man was dying. His name, I un derstand, is Halliwell ; he is in the witnesses' room. The prisoner had nothing remarkable in his appearance. He had not hia hat on. All I saw of him was while he passed my door and w!ndow. -- iie-examined by Mr. DUNDAS.-I have known the pri soner for five years. I have no doubt he was the personwho passed the door , of my house. By his LORDSHIP.—I did not see a gun with him. Hannah Garbett, examined by Mr. DuNatis.---I am the wife -of Mr. Garbett, who lives at the Five-houses. I re member the 9th November. The prisoner at the bar passed my window at ten minutes past 12 o'clock on that day. The way I knew it was, that the young man (George Henderson, the deceased) asked me the time of day that the other Scotchman had called for him. He was about five minutes in my house when the prisoner passed. I told Henderson that the other Scotchman had been waiting for him. The prisoner was walking towards Belmont. I did not observe anything with him. The deceased did not remain more than four or five minutes. He drank his glass of ale, and went off immediately, bidding us " good bye." I saw the prisoner in the course of half an hour or 20 minutes after that. My husband was then at home. From the time the prisoner passed until I saw him again we were taking dinner. He was coming from his own house. It was a little before we heard of the murder from Mary Entwistle. First he passed towards Belmont ' • the second time I saw him he was stand ing at our door. He was alone. James Bamfield and Wm. Heaton were at the house. He was asking one of the carters if we had not a horse sick. Mary Entwistle then came up and gave the alarm. I went out ; he was gone, and I saw him no more after that. Mary Entwistle said, " Come, Mr. Garbett, some one has killed the Scotchman." She cried out, " Killed, killed!" My husband was in the house, sit ting in his chair, when we heard her crying out. He then went out—we all went out. I can't say who was there, for I was very much frightened. Cross-examined by Mr. WILKINS.—I said it was either 10 minutes before, or 10 after 12, that I saw the prisoner on this day. He might have gone by the back way to his father's. About a quarter of an hour or twenty minutes would have passed between the first and last time I saw him. I saw a a person named Halliwell, at my house on that day. Joseph Halliwell examined by Mr. PEEL.—I am a cow .dealer at present. I carry on my business near Skipton, Yorkshire. Last November I was in the service of Mr. Gerrand, cattle-dealer. I had occasion last Nov. to call for a heifer at one Walsh's, on that day. I went to Gilligan's farm, where Mr. Hood lived, as it was there I was to get the heifer. I saw Mrs. Hood there. I remained about ten minutes there, and not more. It was twenty minutes past twelve when. I . got there. I was not able to get the heifer. It was, at this time, a very foggy day. I was on my way then to Belmont. I asked Mrs. Hood to direct me on my way there. She did so—she desired me to go by the next farm house. I know a place called Holden's farm, and the road I went was towards it. I went along the road to the bot tom of a brae, I can't say how far it was, but it brought me to the moor. I was on horseback. When I got to the moor, I went the best road that I thought that I could go to Belmont. When I was on the way to Belmont, I heard the report of a gun. I had lost myself. I was sober, and had only three glasses of ale that day. I went in the direction of the sound, thinking some gentleman was shoot ing that would tell me my road. I connot judge what dis tance off the gun was when I heard it. It was still misty. When proceeding towards the sound, I met a person, in about a quarter of an hour after I heard the report. It was the prisoner 1 met. When I first saw him he was about 30 yards off me. He was running when I met him. He had'a gun in his right hand, and was running towards me. I was closer to him than lam now. I spoke to him, but he gave me no answer, and would not stop. I noticed the dress he wore. He *as dressed in a blue surtout, blue trowers, a blue plush waistcoat, with a yellow spot in it. lam sure it is the same man, so help me God. The waistcoat he has now on is the same. By his LORDSHIP.—The prisoner was running from the direction of the sound. Examination continued.—l went on and came to a road about 320 yards from where I met the prisoner. There was a ditch there, and in it I saw a man lying dead, apparently so to me. I cannot speak as to his dress particularly, but I noticed his right hand pocket hanging out. I got off my horse, and felt very sick. There was blood on his cheek. I attempted to get off the moor on the road. I was riding a grey poney. I could not get over the ditch. 1 made several attempts to get over it, and went down the road 40 or 50 yards before I got out. I then got on the poney, and tried to go back again, but I could not then tell what direction I was going until the fog cleared away, I then found myself in Holden's farm. I inquired the road to Belmont, when I went on. I know Garbett's house. I got on the road to wards the Horwich side, and proceeded to Garbetts. I got there between two and three o'clock. I had a glass of ale. I did not dismount to drink it. I did not know that the deceased was dying in the house then. I did not mention to any one that I saw the body in the ditch. I was frightened very much. I had £304 14s. 6d. in my pocket, which was all my own. As I went to Belmont, I saw a man and his wife. I knew the place again where I saw tne body. Cross-examined by .Mr. WuxiNs.—l am a cattle dealer since last Christmas. I have been buying cattle for myself and other people. I bought cattle for myself several times since last Christmas. I bought cattle from a man near Gig gleswick, in Yorkshire, frequently, but I don't know his name. tip to Christmas I was a drover. I bought cattle on my own account from John Wilson, who lives between Colve and Skipton. He is a butcher and cattle dealer. I can't say what money I paid him since Christmas on my own account. How came you to have so much money on this day ? By my own labour ; I lived with my mother ; she is a widow woman, lives in a cottage and subsists on what I give her. My father was a drover. lam 25 years of age, and have been a drover since I was 14. When I started first I had a shilling a day and expenses, or 6s. a week. Before Christmas last, I had £1 2s. 6d. a week, or £6O a year from Mr. Gerrard. This money was kept in my mother's house. I lived at the Horse-shoe public-house at Bolton. The rent of my mother's cottage is £3. I did not shew the money to any one ; my mother gave it to me as I was coming away that morning. It was all the proceeds of my wages. It was half-past 10 when I passed George's church in Bolton that morning. I can't say what hour I got up. I swapped a cow with a person named Webster, a farmer, that morning. He lives at Footin-brook, which is near Bolton. We had a glass of ale at Peter Hobson's after the swap I then came home with the two beasts I exchanged with Webster. I came to Gerrard's and had a glass of ale there. I settled my ac count with Gerrard, he was in my debt is. 4d. or 15s. 6d., I can't say which. I then started the beasts off for York shire. I started from Gerrard's a little before 10. The grey poney belonged to Gerrard. I have opened a beer shop since this affair, and have got married since. The first place I came to after leaving Bolton was Mr. Ainsworth's Pitts ; it is more than a mile distant. I recollect stopping at a cabin atthefirst pits I came to. No man named Entwistle eat his dinner while I was there. I did not get off' my horse there. The place is called the set. I will swear I did not ask my road to the Green-arms. I was sober then. I found John Walsh at Ainsworth's pits, and asked him to drive a heifer for me that I purchased from his master. I did not ask him the way to Gilligans, but I asked if I could pass across the fields. He said I could not ; though he did say so, I went that way. When I got to the pits, where I saw Walsh, it was between 11 and 12 o'clock. Walsh had not his dinner then, for I met his wife coming with his dinner about 20 yards off. I don't know a man named Richard Nuttal. I did not offer a man named Dick ls. to drive the heifer. This was before I saw the dead man. I was sober. When I was at Gilligan's, I remarked there was a new clock there, and I asked who the maker was ; it was not then 20 minutes after 1 o'clock. On my oath I did not fall off My horse, nor do I know any person named Grace Whowell ; she did not help me on my horse. I did not fall on her shoulder,—nor did I tell her I was so drunk I could not drive the heifer. I did not drop my whip. I did not call at Quaker John's, nor any part of that county but the Five-houses. There was no noise at Garbett's when I got there, which was a little past two o'clock, and it was two hours before that I saw the dead body. I can't swear to the dress of the man. I saw his pack laid up on the opposite side of the ditch. I was on the moor, the body was between me and the ditch, and the pack was next the road. I tried to get the pony over five or six times, and led him about for forty or fifty yards. Two hours after I went to Garbett's, and though 1 saw the mur dered man I did not mention it to any one. lam not sure if I told it at the Wright's Arms. I next went to Mr. Proc tors, and got there about half-past th r ee. I go t o ff m y h orse , and then I told Mr. Procter that another very big misfortune has happened. Mr. P. asked me what's to do. I said there was a Scotchman shot. I knew him to be a Scotchman from his pack. I told him also I met a person running in the same direction from the murdered man, with a gun in his hand, on Horwich Moor. I met an Irishman and his wife, they told me all about the murder, and that they came from Garbett's, where the deceased was lying. A week after this, when I returned from Yorkshite, I told this story. I never heard a word about a reward. I was taken by the constable Perry, into the lock-up at Bolton, to look at the prisoner. They asked me if I knew him. I said I would not swear to him by candle-light. The following day I swore to him. I described the man to the constables, as I have done to-day, before I saw him in the lock-up's. It was on the Thursday night after the murder. I gave the description at Mr. Gerrard's, in the presence of the constables and a Scotchman. What I said was written down by a person named Perry. I never said before to-day that I was as near to him as you (Mr. W.) are now. The constable asked me how near I was to him. _ 1 said about 30 yards or a little nearer. • Re-examined by Mr. DUNDAS.—It was half-past three when I told Proctor what had happened. Besides telling him this, I showed a piece of the man's skull that the Irish man I met gave to me. He picked it up on the opposite side of the road from where the man was lying. There was blood at the place where it was picked up. I gave it up at the coroner's inquest. I can't recollect having mentioned this at the Wright's Arms. I knew the man very well at the inquest, and had no doubt he was the same I saw on the moor with the gun. By the JUDGE.—The pack was not fastened to the de ceased when I first saw him, but lay on the bank beside him. Fletcher recalled, said.—The pack was lying at his (de ceased's) feet, in the bottom of the ditch when I saw him. It was not on the bank. Whowell recalled.—The pack was at the deceased's feet in the bottom of the ditch when I saw him. John Proctor examined by Mr. PEEL.—I keep a public house called the Duckworth Arms, between Bolton and Blackburn, at a place called Overdarwen, I know the wit ness Halliwell. I recollect him coming to my house in No vember last, I can't say whether it was early or late in the month. He rode a grey pony. There was a man in my house in the employment of Mr. Gerrard. He had some beasts belonging to Mr. Gerrard. The man asked him why he was so late. HIS LORDSIII,II I observed that this evidence was irrelevant. Mr. PEEL and Mr. DUNDAS contended, that it was in cumbent on them; and, besides, it was pertinent to the issue to repel the imputation on the witness's (Halliwell's) vera city, which was ,conveyed in Mr. Wilkins question to him, whether Mr. Proctor, to whom, he alleged, he had commu nicated the news of the deceased's death, was now in court? He (Mr. W.) asked him whether he ever gave the informa tion, until he heard that a reward had been offered. It was, therefore, their duty to shew that no motives could have existed at this time to operate upon the witness to give the information. His LoßnsuiP said he would not deviate from the usual rule, but suggested that Proctor might be placed in the box for the cross-examination of prisoner's counsel. William Heaton, examined by Mr. Cuoss.—l am a carter of Mr. Garbett's. I recollect the morning of the murder. It was about half-past ten when we were coming up Winter hill. We met William Simms, on his way to Belmont, about eleven o'clock. In about half an hour afterwards, on the top of the lull, we met Mr. Burrell, the Scotchman. We got to Garbett's about twelve o'clock. Bamford was in Garbett's house. The prisoner came up and asked Bamford 'if his horse was not sick; this was between twelve and one o'clock. It was a minute or two before Mary Entwistle came. I saw the prisoner; he was going from the door towards home. Cross-examined by Mr. WILKINs.—We were at dinner— having fed our horses, when the prisoner came to Garbett's door. By his LORDSHIP.—Williams had a fustian olive coloured jacket on. _ _ James Bamford, examined by Mr. DUNDAS.—I was one of Mr. Garbett's men. While coming from Belmont driving the carts, we met a man named William Simms. Twenty minutes after we met Burrell the Scotchman. We then went to Garbett's. It was then about half-past twelve o'clock. Somewhile after, about half an hour, I saw the prisoner. He came to the door, and asked me had I not a horse sick. I said I had. He had not his hat on. The talk about the horse was two minutes before Mary Entwistle came. Cross-examined by Mr. WILKINS.—He was eating some thing. His father's house is not more then ten yards from Mr. Garbett's door. Margaret, cross-examined by Mr. PEEL.—I was in the service of Mr. Lambert in November last. He keeps the Horwich Moor-gate public-house. I know the prisoner. I saw him at my master's house between one and half-past one o'clock. I was in the back yard with the other servants shaking carpets. He helped us to shake them. There is a meadow behind the house. He was coming down the mea dow with a gun belonging to Mr. Lambert. He borrowed it from Mr. Lambert. It is a single barrelled gnn. Mr. Lambert's is two miles distant from Five-houses. We heard of the murder between three and half-past three o'clock. The prisoner was then there. He left us about four o'clock. Cross-examined.—When he left our house, my uncle went with him. He brought a brace of birde with him. They were warm. When he came to our house, it was between one and half-past one o'clock. My uncle has the privilege of shooting over the moor. He has lent the prisoner guns fre quently. He is a very peaceable young man. Never knew any thing bad of him: He did not appear different from the rest of the people in the house where the news of the murder as mentioned. Mary Lambert, examined by Mr. Cnoss.—lam the wife of Matthew Lambert. He came to my house on the day in question, about half-past one o'clock. I asked him about my master's gun that had been stolen. He said that he knew nothing about it. He said he was very uneasy about it. We received the news of the murder about three o'clock, by our servant-man ; he stepped up to James and said, a Scotchman has been killed on the moor. He (the prisoner) said nothing then, but I said I did not think any Scotchman would go that way. He said a great many . went that way ; on a Fri day they were in the habit of going that way home. He said, if he was not mistaken, there was one in Mr. Garbett's when he came away. He said two of them made a point of meet ing together, to go home that day. He said he brought my master's gun home, and he would never have another gun in his house while he lived. The prisoner left about 4 o'clock. Cross-examined bp Mr. WILKINS.—The reason why I think he said so, was, that Mr. Orrel had frequently called complaining of his (prisoner's) shooting. The loss of the gun caused some unpleasantness between him and my hus band. It was because I upbraided him, I think, he said he would not have a gun in house again. At my house he ap peared always good tempered and amiable. The brace of birds he shot, and brought in, was so warm that I thought they were alive. He said he shot them in Brown's close, — he must have come a round-about from his close to our house, if he passed through Brown's close. Joseph Lambert, examined by Mr. DUNDAS.—I keep the Horwich Moore-gate public house. I know the prisoner for four or five years. I lent him a gun on Thursday the Bth Nov. It was a single-barreled gun, and percussion lock. He had also a powder-flask, and shot-belt of mine. When he got the gun we had an appointment to meet at Brownlow's close on the following day, which is about a mile and a-half distant from my house. Next day he came to my house sometime before half-past one. He brought a brace of grouse with him ; he bad my guu with him. which he left in my beer-house as he was wont to do. He said he killed them in the close. He remained till four o'clock, and then we went away to seek a hare. We did not go right in the direction of Brownlow's close ; but to the north. I went with him about six or seven hundred yards, and all the conversation we had was about starting a hare. We were conversing about the gun before we came out. He said he had brought the gun, and all belonging to it. He said there was nothing pleasant about shooting, as Mr. Orrell was conplaining, and he was determined to give it up. We had received the news about the Scotchman s murder before.we came out. I said I wonder whether it was an accident, or wilful. He said he knew nothing about it; but if any one did it wilful, he de served to sutler. 'Afterwards I got the shot-bag and powder flask close to the gun. It was on the Monday following. They were the same as I had lent him some years before. The gun was a common one, the barrel of which can be taken out in the rdinary way. It did not screw off. He went in the direction of home, after walking about six or seven hun dred yards. Cross-examined by Mr. WILRINS.—It would require but little time to take the barrel off. Birds make a noise when rising; but when skinning they do not. The person himself did not say but his father said, he was determined to give over shooting a fortnight before this. Re-examined by Mr. DuNDA S.—The distance from Brown low's Close to the Five-houses is one mile and a quarter. By the COURT.—The shot in the shot-bag was No. 2. The gun was charged when it went away and when it came back. The shot was not fired off nor drawn when the gun was given to Peter Heron, the constable. Peter Heron, examined by Mr. PEEL.—I went to Matthew Lambert's the Sunday after the murder, the 11th November. The gun was loaded when I took it away. By coroner's re quest I delivered the gun to Burroughs, at Horwich Moor gate, having drawn the charge. We put the shot and pow der into a paper. Cross-examined by Mr. WILKINS.—There were more pre sent when we drew the charge. I keep a stall in Bolton market. The constable of Bolton requested me to go for the gun. I can't say who drew the shot. The shot was not No. 2. I did not compare it with the shot in the belt, for I did not see it. I posted up the bill of the reward of £lOO on the Saturday, the day after the murder. John Burroughs.—l am deputy-constable of Bolton. I received a gun from Heron on the 15th November last. We drew the charge on the same day. I have the shot'here.— [The shot was produced.]—l also received half a dozen shot or slugs from Mr. Wolstenholme, the surgeon. I returned them to Mr. Wobtenholme. Cross-examined .by Mr. WILKINS.—I gave the shot in question to Mr. Holden, attorney for the prosecution. Mr. Holden being sworn, stated—l received a box from Burroughs, containing shot, which I gave to Mr. Wolsten holn e. - John Whittle, chief constable of Wigan.—l know Lam bert's public-house. I went there on Monday, the 12th cf November, and got a shot bag and powder flask, which I now produce. His LORDSHIP examined the shot of the bag, and said they appeared to he mixed. Dr. Wolstenholme said the shot found in the head of the deceased was all of the same weight, whereas that in the bag is mixed. James Collis.—l am a gate-keeper in the employment of Mr. Ainsworth. I was out on Horwich Moor 'on the 9th of November last. There was a party of six with me. They were Roger Horrocks, Wright Crompton, John Ridings, Isaac Ireland, and Bartholomew Lity. We were in pursuit of game. Between twelve and one o'clock we were on a moor (master's property), in. the township of Halliwell. The moor joins with the moor the man was killed in. We heard a report of a gun from that direction, about five minutes past twelve, and a little after heard another shot at Burntedge. We heard, about the same time, the bell of Mr. John Ains worth and Mr. Gardiner's factory, Halliwell. None of our party were near that place. Cross-examined.—We heard the report of a gun immedi diately after the ringing of one of the factory dinner bells, which ring at twelve o'clock. The party were r.ot more than thirty or forty yards separate. I use No. 5 shot—others - use No. 2. Daniel Crook.—l am a constable.' I apprehended the pri soner, on Saturday, at Holliwell's pit. He was brought out by a man named John Stewart. I took him into custody. I got hold of him by the wrists. I said he was my prisoner, I took out the handcuffs—he said he would go without them. He asked " was it about yon man being up yonder" (referring to the ScOtehman. Mr. Ainsworth told him he need say any thing unless he wished. He said he had no gun from Sun day, the sth November. Mr. Wright asked him was he not shooting on the moor the day before. The prisoner said he was not. Mr. Wright asked him had he not been shooting up the moor the evening before. The prisoner said he had been shooting the evening before, at a blue back bird, with Mat thew Lambert. Mr. Ainsworth asked him how he got his living, as he did not attend his work. The prisoner said he did attend to his work for ought he (Mr. I-I.) knew. Before Meakin, the constable, came up, while we were taking him to prison, he said he was innocent. I asked him had he not a gun in his hand that day, he said had not, in the fore noon. He said he mentioned to Lambert that evening, that the person who was guilty of killing the Scotchman ought to be punished, as he (Mr. L.) might also be shot. Cross-examined by Mr. WILKINS.-Mr. Ainsworth is a magistrate, and was present at the conversation. Wright also shoots some time, and is fond of sport. We found the person at his work. Robert Meakin.—l am one of the constables who took the prisoner from the pit. He asked what he was taken up for, we did not answer him. He said is it about the man that was killed on the moor.- He said he saw the Scotchman, and spoke to him, at Garbett's stable door. He wished to know what he was taken up for, we said on suspicion of shooting the Scotchman. He said it was not the first Scotchman that had gone up and been killed. Cross-examined by Mr. WILKINS.—I don't recollect to whom I stated this conversation before. John Proctor was placed in the box to be cross-examined by Mr. WILKINS, as to Halliwell's character. I have known him, he said, as a drover and cattle-driver for some years. He called at my house on the 9th November last, he was not drunk. I was standing with another man of Mr. Ger rard's. I don't know his name. He asked Halliwell what detained him. Mr. Gregory, a farmer, under whom I lived, was present. Halliwell said, " There was a man shot on the moor while I was up yonder." He was asked did he see him shot—he said he did not, but he saw a man running away with a gun under his arm. He said he did not know the man, but he, was a tall young man, that stood from five feet eight to five feet ten inches high. He said he wore a blue coat, and blue plush waistcoat, and trousers. lam certain that's all he said—he had seen neither more nor less. Re-examined by Mr. DUNDAS.—He showed a part of the man's skull that was shot—he did not say how he got it. Anne Hood examined by Mr. PEEL.—I remember Halli well coming to my house (Gillingham's farm) respecting a heifer of one Walsh. It was twenty minutes past twelve o'clock, by our clock, and our clock was too forward by twenty-five minutes. We had a new clock, upon my oath it was not twenty-five minutes past one o'clock when Halli well came. My daughter had been gone with my husband's dinner—she went with it about half-past eleven, by our clock. He was working two miles off. The name of the maker of the clock was Ashall. Halliwell was sober—he did not look as if he had been drinking. He lighted his pipe. He only came once to my house that day. A person named Nuttal was employed getting up potatoes that day. The case for the prosecution here closed. Mr. WILKINS applied to the court for an adjournment of the case till the following day, but his lordship said, that as it would be necessary to confine the jury all night, it would be more satisfactory , to all parties, to adjourn for a short time, to, enable them to have some refreshments. Accordingly the court adjourned for an hour. At seven o'clock his Lordship took his seat on the bench. Mr. WILKINS, in an eloquent speech, then proceeded to address the jury, on behalf of the prisoner. He declined calling any witnesses. • After a luminous charge from the learned Judge, the jury retired to consider their verdict, and having deliberated abbut an hour, returned a verdict of Not Guilty. The fore man of the jury stated they came to this conclusion in con sequence of the imperfection of Halliwell's testimony. The prisoner was ordered to be discharged. The Court was then adjourned. NISI PRIUS COURT.—TUESDAY. Mr. Baron ALDERSON took his seat this morning at ten minutes after nine o'clock. TAYLOR V. HILTON. This was an action brought to recover £34 lls. 2d. for the carriage of cotton waste from Manchester to Bolton ; and the principal question appeared to be, whether the defendants were to pay 2s. 6d. or 2s. 9d. per ton. The jury found for the plaintiff, damages £34 2d., and for the defendant on the other issues. CONSTABLES AND BURGESSES OF CHORLTON-ON-MEDLOCK V. MANCHESTER GAS DIRECTORS AND POLICE COMMIS SIONERS. This was an similar action to the one tried on Monday, except that, instead of the alleged breach of covenant being for not supplying gas to the street lamps, it was for not sup plying manufactories, warehouses, shops, private houses, and other buildings, in Chorlton-on-Medlock, to such persons as were willing to contract or agree for the same, on the same terms as persons were supplied in Manchester. Whilst Mr. STARIUE was stating the case to the jury, The JUDGE observed, that the difficulty would be, that if these issues were not disposed of, they would go over the long vacation. He, therefore, suggested the withdrawal now of the issues of fact altogether, and to stand upon the de murrers. Mr. STARKIE.—We have no objection to do that. Mr. CRESSWELL.—The costs to abide the event of the demurrer. Mr. STARKIE demurred to this proposition; and after an argument, His LORDSHIP said, let this stand over generally, to be determined as it may hap Pen, without any arrangement at all, at the next assizes.. Then there would be an opportunity of carrying down the issue. Let this be made a remanet to the next assizes ; the costs of this day to abide the result of the issue ; in the meantime the defendants undertaking, if the demurrer should be decided against them, to supply gas. His Lordship then intimated to the jury, that they would not be called upon for a verdict in this case. WOOD AND ANOTHER, ASSIGNEES, V. DUNCAN. This was an action brought to recover £255 ; the plaintiffs, John Wood and John Sellers, were assignees of George and William Howarth, calico printers, Manchester, and bank rupts.—The defendant, George Duncan, was at one time their traveller; but in 1834 it was agreed that the junior (William) Howarth and Duncan should carry on business also in London, being supplied by the Manchester firm with goods. It was proposed that W. Howarth should put into the London concern £5,000, and receive interest from the firm ; and that Duncan, to whom there was then owing £496 by the Manchester firm, for his ' salary as their traveller, should be considered as placing this sum (or £500) in the in the London concern, and be allowed interest for that amount. The London partnership was to be one of three years, and William Howarth was to receive two-thirds of the profits, and Duncan the other third. It appeared, how ever, that neither the £5,000 nor the £496 was ever raised or put into the business. At the close of 1836 the Manches ter firm became embarrassed, and in the spring of 1837, some arrangement were made with their creditors ; a number of meetings of the creditors were held ; and it was found that no less than £16,000 worth of goods .had been supplied by the Manchester firm to the London one. It was deter mined that the London firm should be dissolved ; that Dun can should take the stock in trade and debts due to the firm. and should pay the debts owing by that firm (the amount owing to the Manchester firm not being included.) In order to ascertain what Duncan would have to receive and pay, two arbitrators, Mr. Cooper and Mr. Anderson, were ap pointed, and they went at great length through the books of the concern ; and in May, 1837, they decided that the balance to be paid by Duncan, on his taking the London concern, would be £9,250. Duncan found security for this amount, and gave two promissory notes, which were paid by him. The arbitrators did not take into account, in their examination into the liabilities and assets of the London concern, the £496 owing by the Manchester concern to Duncan. The Manchester firm was unable to recover, and a fiat of bank ruptcy was issued about the close of 1836. In the begin ning of 1838, the assignees, claimed from Duncan a sum of between £3OO and £4OO, due from him to the bankrupts' estate ; Duncan claimed the £496, which had never been paid to him.—The jury found for the defendant. A BILL TRANSACTION. WILSON (PUBLIC OFFICER, &C.) V. HEARN. This was an action brought by Mr Edward Wilson, as one of the public registered officers of the Bank of Liverpool, to recover the amount of two bills of, exchange, accepted by the defendant, Mr. Edward Hearn, of the Morning Herald office, London. The action was undefended ; and the plain tiff's counsel, Mr. Rushton, called into the box Mr. Charles West,, recently agent to the Morning Herald in this town, and also one of the, publishers of. the Lancashire Herald, a recently defunct paper, who stated that the acceptances to these bills, one for £9O and the other for £lBO, were in the handwriting of the defendant. The bills were put - in, and were read by the officer of the court. It appeared that they were both drawn and signed by the witness, Charles West. Verdict for the plaintiff, damages (including interest) £278 ss. His Lordship adjourned the court until nine o'clock the following morning. CROWN CQURT w EDNESDAY. POISONING. Mary Ann Ryan was indicted for having, at Liverpool, feloniously administered, or caused to be administered, to one Martin Power, a quantity of poison, with intent to mur der him. Mr. ARMSTRONG opened the case for the prosecution. Michael M`Quade, examined by Mr. RUSHTON.—I am ten years of age. I live in Ford-street. I remember playing in Vauxhall-road on Wednesday, the 15th of August last. A person came to me about seven o'clock that evening. It was that girl at the bar. I never saw her before that evening. She had a small parcel with her, about the size of a two penny pie. She spoke to me, and said if I would go an er rand for her she would give me a penny. I consented to go, and she then gave me the parcel, which she told me to give to Mrs. Power, No. 3, George's-place, Ford-street. I took it there. I saw Mrs. Power. 1 gave her the parcel, which she opened while I was there. It was a pie. The night af ter a policeman came, and I went with him to a Mrs. Jack son's house. I saw the prisoner at Mrs. Jackson's. lam quite sure that the prisoner at the bar is the who gave me the pie. William M`Gowan corroborated the testimony of the pre ceding witness. Catharine Power, examined by Mr. Rushton.—l am the wife of Darbey Power. I live in No. 3, George's-place. I had not seen the prisoner for four years before this. I had known her. I know Kitty Redmand ; she lived in the same court with me. The prisoner is a relative of Kitty Red mand's ; she came to see her occasionally. I had a quarrel with Kitty Redmand, before the 15th August. It was a quarrel about the children. The prisoner came to see Kitty Redmand a little before the 15th August. I was preparing my husband's supper; she was in the yard, and struck me over the face with her umbrella, and threw slush at me. She said if she could get at me she would break my bones for me. I awn went into the house, and a cob of coal was thrown through the window, from the direction of her aunt Redmand's house. I sent for the policeman, and when he came the door was made fast and there was no light in the house. This occurred the Friday night before the pie came, which was the 10th August. I remember the boy M`Quale coming to my house about half-past seven on the 15th August. He brought a parcel, which he gave to me. I asked him from whom it came. He said from a young woman in Vaux hall-road. There was a pie in the parcel, and I told the boy it was not for me. The boy said the young woman told him to leave it at the third house on the left-hand side of George's place. There was writing on the paper, but I could not read it. The pie was the size of a common inkstand. I made four parts of it with a knife, in about half an hour after. I gave one part to my eldest child, Martha Power, five years old ; another part I gave to a child of mine of two years old, named Martin ; and my sister Margaret Murphy and I took the remaining two parts. After I eat it I became sick in my stomach. My children and sister all complained alike. was very sick, and vomited ; so did my children and sister. When I eat of the pie my husband was not at home. When he came I was sick. I told him what had happened. He read the paper that was round the pie. The paper now pro duced is the same. I got better when I threw up, and so did the children. Darby Power, husband of the last witness, corroborated her testimony. Thomas Fresh, inspector, of police, in consequence of in formation I received, I went to Power's house, on Thursday the 16th of August, and saw the family, they complained of being unwell. From information I got, I went with the boy Quade to Mr. Jackson's. I brought the prisoner at the bar into the room. I asked the boy if he knew her, he said she was the girl who gave him the pie, but she was differently dressed. She denied having sent the pie to Mr. Power by the boy. She said that she knew Mrs. Power, but her aunt and she had 'been at varience. I told her I must take her into custody. She then said, " Good God ! I did not think it would come to this." Margaret Murphy described the effects - of the pie to be similar to what has been stated by Mrs. Power. Mary Ann Harrison.—! am an assistant with Mrs. Jack son. The prisoner was in the same employment. She went out on the evening of the 15th of August, between six and seven o'clock. She told me she was going to buy a frock, and had to take a parcel to Vauxhail-road. She said she would not deliver it herself, but would give a boy a penny to take it. Mrs. Jackson sells meat pies, the prisoner was prin cipally employed in the bake-house. I don't know, how she was dressed, as I did not see her going out on this evening. The dress she ordinarly wore' when out, was a light dress with sprigs on it. I pointed it out to the police-officer. Catherine Connor stated, she never sent the pie to Mrs. Power. She is acquainted with a sister of the prisoner, who is now in town, but she was not at the time in question. Mr. Craig, surgeon.—l visited the family of Darby Power on the 16th August. The family was sick. I also saw Mr. Murphy. They described the effects of the pie they eat as they have done to-day. They were the invariable symptoms of irritant poison in general, but of 'arsenic hi particular. I applied tests to what was thrown up by the child Martin, and could not detect satisfactorily the presence of arsenic. I took a portion of it to Mr. Brett, the professor of chemistry. Witness was then interrogated by his lordship as to the tests he used. Richard H. Brett.—l am professor of chemistry to the Liverpool Apothecary's Company. On the 21st August Mr. Craig brought me a fluid in a phial, and some solid matter that he had been making experiments on. I operated on both, and detected arsenic satisfactorily in one portion of the fluid. Mr. MURPHY then addressed the jury for the prisoner. His LORDSHIP charged the jury, who, after a few minutes consideration, returned a verdict—guilty, on the second count, of having caused poison to be administered, with the intent to murdr. The foreman stated they had doubts as to whe ther the quantity of poison contained in the pie was sufficient to cause death. In consequence of his Lordship entertaining some doubts as to the legality of the manner in which the indictment in the preceding prosecution was framed—which doubts, he said, he would reserve for the opinion of the court above, the prisoner, Mary Ann Ryan, was again arraigned on all indict ment for having caused poison to be administered to Catharine Power, with intent to murder her. Mr. MURPHY objected to submitting this case to the same jury. Another jury was accordingly empanelled. The same evidence was given as on the former trial. His LORDSHIP charged the jury, and read over the evidence to them, commenting upon it as he proceeded. He said, in conclusion, that the jury had two questions to decide, namely, did the prisoner knowingly put poison into the pie, with intent to murder the prosecutrix, Catharine Power,? If so, they should find her guilty, regardless of the conse quences that would ensue from such a verdict. If,, on the contrary, they were of opinion that she administered it in such a small quantity as only intending to injure the health of the prosecutrix, then they should find her guilty of ad ministering the arsenic, with intent to do her some grievously bodily harm. The Jury then retired, and after being in consultation for an hour and ten minutes, returned a verdict of guilty, with a recommendation to the court for mercy, on account of her youth, and because no lives were lost. His lordship said the recommendation would be attended to, and in consequence he deferred passing sentence. The court then (a quarter past eight) adjourned till nine o'clock the following morning. NISI PRIUS COURT-WEDNESDAY. TATTERSALL V. DIXON. The plaintiff in this case - is an architect in Manchester, and the action was brought to recover from the defendant, a ma nufacturer at Carlisle, remuneration for work done by him in measuring, &c., in that city. The only question in dis pute was about the amount of remuneration. The defendant was employed to superintend a new mill which the plaintiff erected in 1834, for which lie was to receive one hundred pounds, and two guineas per day. There was some extra work which the defendant was desirous of completing, and for which there was no contract. The claim for the first work was liquidated within a few pounds, and after some con versation, a verdict was taken for £3OO, subject to a refer ence. HERRING THE YOUNGER V. WOOD. Mr. ALEXANDER stated the case to the jury. The plain tiff is a shipowner in Sunderland, and the defendant a mer chant in Hull. The action was brought to recover damages for the detention of a vessel, called the Courier, beyond the time allowed by the charter party. The principal points for the consideration of the jury were, whether the vessel, which was to proceed to Dantzic, and had only gone as far as Fair water, about seven miles from the former place, was detained beyond a certain time, and whether the loading had been completed according to the terms of the charter party. It appeared in evidence that the vessel had arrived at Fairwater in the month of March, 1837, and did not proceed to Dantzic in consequence of its being unsafe at that period of the year to pass some shoals, and, as is the practice, part of the cargo was taken out, and the vessel being re-loaded, proceeded for Liverpool, where she arrived in May. Here she was de tained sixteen days over the period of thirty days allowed for demurrage, whilst twenty days had been exceeded at Dantzic. The plaintiff claimed £5 per day for detention. Mr. CRESSWELL addressed the jury for the defendant, and his LORDSHIP having summed up the evidence, the jury returned a verdict for the plaintiff. Damages £25. SIMPSON AND ANOTHER V.' WHARTON. The plaintiffs are plasterers in this town, and the action was brought to recover £3O, for plastering two houses of the defendant's, at Kirkdale. The plaintiffs had contracted with the defendant to plaster three houses, for one of which they received the amount of their claim ; but for the others the defendant refused payment, considering the work inefficiently done. The contract stated that the plaintiffs were to receive £45 when the houses were completed to the satisfaction of the defendant, and like another house mentioned. The de fendant's witnesses proved that there was neither mortar, hair, nor lime used in the plaster, and that the defendant had been put to more expense, in re-plastering the houses, than if the plaintiffs' work had not been done at all. Verdict for defendant. Several other unimportant cases occupied the Court until five o'clock, when his Lordship rose. CROWN COURT.-THURSDAY. Mr. WiLtuNs called his Lordship's attention to the situ ation of Messrs. Philip Kay, of Ashton-under-Lyne, currier, and George Harding, of the same place, shoemaker. These persons had become bail for a person of the name of Eden, who had been committed on a charge of having committed a rape. A few days ago having reason to believe that Eden was about to abscond, they went to Duckinfield for the pur pose of surrendering him into custody, when they were grossly deceived by the prisoner's attorney, who told them that an application had been made to the Court of Queen's Bench, who had quashed the proceedings against the prisoner. Eden had since absconded. The learned counsel concluded by moving the Court to enlarge the bail till the next assizes. The counsel for the prosecution having stated that there was no objection to this course, His LORDSHIP directed the facts to be stated on affidavit, and the bail would be enlarged, and a bench warrant would be granted for Eden's apprehension. BURGLARY NEAR ASHTON-UNDER-LYNE. James Shaw, 31. James Taylor, 24, Thomas Greenwood alias Hartley, 27, and John Hulme, 28, were indicted for having on the 20th December, feloniously and burglariously broken into and entered the dwelling-house of the Rev. Jos. Smith Roberts Evans, at Ashton-under-Lyne, and with having stolen therefrom two pistols, a powder flask, and a variety of other articles, the property of the prosecutor. Mr. Brandt and Mr. Whigham appeared for the prosecu tion, and called the following witnesses. Rev. J. I. R. Evans.—l live at Woodfield, near Ashton. On the night of the 20th December, or rather at three o'clock on the morning of the 21st, I was awakened by Mrs. Evans, and was about to proceed down stairs, but at her request se cured the bed-room door, and threw open the window, and called out " Thieves." A. man on the outside called out, " Oh, you're there are you, if you don't hold your noise I'll blow your brains out." I heard the noise of footsteps on the, stairs, and placed my back against the door. I heard a noise as if they were trying to force open the door with'a lever. I got a loaded pistol and threatened to shoot the first man who came into the room. One of them told me to fire if I liked, and they would murder us. At last I fired the pistol through the panel of the door. I had previously heard one of the ser vants scream out murder, and as soon as I fired I heard a whispering, and the men presently went down stairs. I went down into the study with the intention of getting a brace of pistols, which I usually kept there. I found that they had been stolen. I got down a double-barreled gun, and found that an entrance had been effected by the cellar window. A quantity of wine and brandy had been stolen. The wine cellar door had been forced open. There is a door at the top of the cellar steps, which had been forced open. A large quantity of papers were strewed on the floor of the study. The bureau was forced open, and its contents tossed about in the utmost confusion, arid a brace of pistols (one of which is a double-barrelled one) were stolen. On proceeding to the dining-room I found that some coins belonging to Mrs. Evans had been stolen. I went to bed between eleven and twelve o'clock. Ann Cowell examined by Mr. BRANDT.—I am in the ser vice of Mr. Evans. On the night of the 20th of December, I went to bed at eleven o'clock. The outer cellar door which was secured inside by a large oak bar, had been fastened. I was awakened by the voices of men who appeared to be in toxicated. One of the men came to my bed-room door. I slept over the back kitchen. I heard the voices of more than one man on the stairs. I heard my master and mistress call out for assistance, and presently afterwards, I heard the pistol fired before the men went. I heard the clock strike three, whilst the men were in the house. Samuel Warker.—l keep the Albion Inn, in Ashton. On the forenoon of Thursday, the 20th of December, Shaw and Taylor, were passing my house. I spoke to them, and went with them,. I was with them all day. At half-past two, we were joined by Greenwood, and by Hulme, at five o'clock. We were drinking, and when Hulme came we began to play at bagatelle. We went to my house about ten o clock, and they went away nearly all together. They had no money that I saw, for I gave one of them sixpence to pay for some ale, which he had had, fearing that my wife would grumble. Cross-examined.--I never saw Hulme with those men be fore in my life. Hulme.—Shaw worked for me. Witness.—Shaw sent Taylot for Hulme, and Taylor said he did not know Hulme. He then told him to ask for " Iron Jack." I have seen Shaw and Taylor before to gether, but never saw Greenwood with them. Hulme.-1 asked Shaw why he had not been at his work, and Shaw said he had been after some pigeons. I then paid for some ale for him. Witness.—Yes, you did pay for some ale. We had been after some pigeons. Hulme left the house about one o'clock, and came again at five o'clock, and had some cheese. Shaw asked Hulme to give Greenwood some. Hulme then staid with the others till they went. We went with Hulme to Droylsdendale, to were he worked. I never heard any. , thing said about a robbery whilst Hulme was with us. I did not hear you bid the others good night. Hulme.—You were dozing. After we left the house, I never saw the men till we were before the magistrates, on Monday morning. Mrs. Mary Hyde Cooke.—l live at Hurst. On the morn ing of the 21st December, about ten minutes before six o'clock, I was on my way to my work, when I saw four men coming from Ridgehill-lane, from towards Mr. Evans' house to Hurst. They were about three quarters of a mile from Mr. Evans' house. There is a footpath from Hurst to Ridgehill lane. I met four men, one of whom was Shaw. The men were drunk, and one of them, who I thought was Taylor, pushed up against me. I held up my lantern, to look at Shaw's face as he passed by. _I have known Shaw two years. I don't know the others, except the one in the fustian jacket. My husband was about two yards before me. Cross-examined by Taylor.—l know you by your dress. Hulme.—You swore to me at Ashton. Witness.—No. On the depositions being read, it appeared that the witness said Hulme was like one of the men. Witness.—lf I said so, I was mistaken. I said he was like one of the men, but I could not swear to bim. Henry Hyde Cooke.—l was with my wife on the morning in question. We met four men. One of them was Shaw, and another like Hulme, with a light coloured round jacket on ; but I did not see his features. He was about the same size. A man dressed like Taylor pushed against my wife. The fourth man was about the same size as Greenwood. Shaw had a heavy bundle. The men were crossing Ridge hill-lane to Hurst. We only watched them about 20 yards on the road to Hurst. Cross-examined.—My wife is mistaken about the colour of your jacket : you had the same dress as you have on now. Shaw.—There is a difference between thy wife's statement and thine. I had the same jacket On that I have now. Examiriation continued.—l never knew you to be in cus tody before. I have known you 20 years. Hulme—You said on the Monday morning you had never seen me before. You cannot get over that. Witness.—l said I would not swear to you; but you were like one of the men. Thomas Bradshaw.—l worked at Mr. Whittaker's, in Hurst. I was going to my work on the morning of the 21st December, when I met three men on the footpath. Two of them were standing still, and one was walking. Shaw was one of the men. One of the men said to the other, " Jem, it's a d—d. weight." Shaw replied, "It is." They appeared to be rather intoxicated. . _ — lferiryflrandon. — l live at Ashton-tinder-line. About eight o'clock on the morning of the 21st December I was near Perry's beer shop, at Hurst. I saw Shaw and Taylor there. They were drunk. One of them asked me to go into a public-house, and Taylor got hold of me. A man named Hulley was with me. We went into the public-house, and called for some ale. Taylor produced a bottle and asked me to drink, saying it was very good stuff. It was brandy. He pulled a bottle of port wine from his other pocket, and I tasted that also. Shaw produced a threepenny piece, which he gave me. He also gave me a silver snuff-box for my bro ther. Shaw also produced two pistols ; one of them had two barrels, and Shaw fired off one of the barrels. William Tipping.—l am a warehouseman, and live at Hurst Brook. On the 21st December, about two o'clock in the afternoon, in consequence of information, I and New ton, the constable, went to Shaw's house, and found him in bed. His wife gave me a bundle, which contained a pistol and some other articles, which were given to Newton, the constable, Samuel Newton and John Ashworth, constables of Ashton, also assisted in searching the prisoner Shaw's house, and John Ashworth stated that he had found a single barrelled pistol. Robert Newton, jun. a constable,. stated that he went to Taylor's house on the day in question. He found Taylor and Greenwood both asleep in the house. Witness charged Taylor with having committed a burglary, and he said he knew nothing about it. As witness was taking the prisoner to the lock-ups, he told the prisoner that it was a serious charge, and he might please himself whether he said any thing about it. He said that ".it would make one do any thing, for he had only the Thursday before threatened to pull Stanley (the overseer) over the desk, because he would not give him any thing. Witness found some bottles of wine lying near the bed where Greenwood was sleeping. Witness shook Greenwood, who was evidently in liquor. He wanted to drink the contents of a bottle which was in the fire-place, and which contained wine, and also attempted to drink out of a pint mug, which contained a mixture of wine and coffee. After some resistance, witness succeeded in securing Green wood's waistcoat, which contained a silver coin, and some other articles in the pocket. He had a deep cut on his hand, which he said had been done with a knife.—l showed Shaw the things which had been found in his house, and asked him how the pistols. &c, had come there. He said that he had met Taylor in Cricket's-lane, Ashton ' and Taylor had given them to him. Taylor said be had found them in a field near Kenworthy's coal-pit, and Jemmy (whom witness supposed was Shaw) was with him, and he had given him some of the things. On the Saturday night, witness and Rowland„ another constable, went to Hulme's house, in Dukinfield, and whilst there they heard a rattling of bottles, and heard a female voice, saying, " the constables are come for thee." Hulme came out of the back door, and was taken by witness. On searching the fire-place, two Jemmies or burglars' crow bars were found, and a number of keys, and a lock-saw. lip stairs I found a Lucifer match, and a bit of cotton, of which the prisoner and his wife denied all knowledge. He admitted having been at Walker's beer shop, andlad come home in company with a man named Jack Williams, and directed his wife to bring Williams before the magistrates. Witness asked him to point out the house where Williams lived, but he refused to show witness where Williams lived. _ _ Rowland, the constable, of Duckinfield, corroborated the evidence of the last witness. Gatley, the constable, produced the crow-bars and shoes of Hulme, and stated, that upon applying the large crow-bar to the cellar door, he found that the claws of the crow-bar fitted to the marks on that door. The smaller one fitted the marks on the cup-board door. Witness also fitted the " Jemmies" found at Taylor's, and found that they fitted marks on the two cellar and parlour doors. There were some foot-marks on one of the beds in the garden before the bed room window, and he found that Hulme's shoes exactly cor responded. • Hulme—My Lord, and Gentlemen of the Jury, I declare before God and man, my shoes were never there till they were taken there by Gatley. Mr. Evans stated that he had observed several foot-marks under the window on the morning after the robbery, Mr. Matthew Owen, deputy constable of Ashton-under- Line,—Remembered the shoes of the other prisoners, found thal they corresponded with some of the foot-marks; none of the shoes of the other three prisoners fitted the single foot-mark found by Gatley ; it corresponded with Hulme's shoe. The party must have stood with one foot on the gravel, and the other on the soil. _ _ _ Mr.' Evans identified the pistols, powder-flask, keys, silver sugar-tongs, silver-handled knives, and some articles of plate that were produced. Taylor admitted having been present with Shaw and Green wood at Mr. Evans's house, and upon his threatening to go away they said they would blow his brains out. He went with them in consequence of starvation. . Shaw and Greenwood denied all knowledge of the robbery, the latter saying that Taylor had made his statements in order to save himself. Taylor here called out that Greenwood had offered him £lO. to say nothing about it. Hulme stated that when he left the other prisoners, he met with a man named Williams, who saw him home, and denied all knowledge of the robbery. Hulme received a good character from Mr. Brooks, one of the jury, also from Rowland, the constable ; and Taylor likew's3 to character. The jury found Shaw, Taylor, and Greenwood guilty ; and Hulme not guilty. Mr. WHIGHAM stated that there was another indictment against the three prisoners who had been found guilty in the last case, for a burglary near Oldham. His LORDSHIP then sentenced Greenwood, (who had been previously committed) to transportation for life, in the second class of offenders ; Shaw to ten years transportation ; and Taylor, two years imprisonment in Lancaster Castle. EMBEZZLEMENT. Jamey Fowler, 18, was indicted for having embezzled the sum of £lOO, the property of Henry Evans, of Oldham. A second count in the indictment, charged the prisoner with having committed a larceny. • Mr. BBANDT stated the case to the jury. The prisoner was chargea with having robbed his master. It was a case of some difficulty with respect to any specific act of embezzle ment, but he might state generally, that the prisoner had been in the service of Mr. Evans, at Oldham, and had left his service a short time ago. During the time the prisoner was in his service, Mr. Evans found that his receipts were less than they were before : indeed Mr. Evans had reason to suspect his honesty. A dispute arose respecting a sovereign, and the prisoner left Mr. Evans's service. On the 31st of January, a young man, named Worsley, a relative of the pri soner, was taken into custody, on a warrant of assault, and in his posssession £202 was found. This he stated to the police-officer—he had taken from a box belonging to the pri soner. He had opened a new shop in the Hillgate, and upon being asked by Mr. Sadler, the constable, about the money, stated that Worsley had broken open his box and bad stolen it. When asked by Mr. Sadler why he had not given in formation to the police, he said he did not want any bother about it, for he expected his brother would get him the money back again. Mr. Sadler, after putting several questions to the prisoner, hinted a suspicion, that he had robbed his late master, Mr. Evans. Mr. BRANDT called, as a witness, an old man, named John Marshall, who stated that on the 20th of December he was in the prosecutor's shop, when a person came into the shop and asked for change for a sovereign. The prisoner gave the change, and taking the sovereign from the counter, and put ting his hand into the drawer, the witness believed, from the circumstance of not hearing the sovereign drop to the bottom of the drawer, that the prisoner had taken the sover eign, inasmuch as he walked a step or two from the drawer, and put his hand into his pocket. Mr. Evans was next examined, and he stated that his receipts during the time prisoner was in his service were considerably less than they were before the prisoner came into his service. Worsley next was examined, and after stating that he had taken the money from the private box, having first broken the box open, _ _ Mr. Sadler deposed to the statements made by the pri soner when he went to his shop. He stated that he had got £3OO from his father. • A person from a coach-office at Oldham stated, that on the 14th January, the evening before the prisoner left Mr. Evans's shop, he brought a carpet bag (which had evidently been in the dirt) to the coach-office. Witness took the bag into the kitchen and dried it. The prisoner took it away the next day. The jury found the prisoner guilty. His LORDSHIP said, in passing sentence, that from October to January, it appeared the prisoner had robbed his master of £3OO. A worse case he had never known, and the sentence of the court WV, that he be transported for fourteen years, and to be plaakd in the second class of offenders._ Job Shottin was indicted for having embezzled the sum of £lO, the property of Thomas Gaskill of Manchester. Mr. BRANDT stated the case to the jury; and two wit nesses were called, but the case not being proved, the jury returned a verdict of not guilty. . William Waterhouse, 41, and Roberl Taylor, 21, were indicted for having, at Worsley, entered upon a certain enclosed land in the night time, armed with guns and bludgeons, for the purpose Of taking and destroying game. The prisoners pleaded not guilty; but after the case for the prosecution had been opened, the prisoners retracted their plea and pleaded guilty. They were sentenced to six months' imprisonment. ALLEGED PERJURY. William Lambert was indicted for wilful and corrupt per jury. M. BRANDT stated the case to the jury. The charge alleged against the prisoner was one of wilful and corrupt perjury—a charge of a most serious nature against any individual. At the spring assizes for 1838 an action was tried before Mr. Justice Coleridge—the Assignees of Dutton a. Harding— when the present defendant was called and swore that he saw £127 paid on a particular occasion. The defendant was called as a witness in that action, and he swore over and over again that he had seen the money paid. The Learned Gentleman then called Mr. Cyril Turner Prescott, of Manchester, solicitor, who stated that the defendant had sworn that he had seen £127 paid by the defendant in that action. The JUDGE asked if the defendant had sworn that he had seen £127 paid in one sum ? The witness said, that he had sworn that he had seen the sum paid by sums of £2O at once, when the real fact was, that it was the same sum that had been handed backwards and forwards until the amount ostensibly reached £127. Mr. Thomas Dutton was next called, and he corroborated the evidence of Mr. Prescott, as to the facts deposed to by that gentleman. He also stated that it was the same £2O which had been handed backwards and forwards between the parties until the amount was ostensibly paid. The Learned JUDGE having again asked whether the de fendant had sworn that he had seen £127 paid in one sum, and the answer being in the negative, stopped the case, with out calling upon Mr. Wilkins to address the jury for the de fendant, and directed the jury to acquit the defendant. The jury accordingly acquitted the defendant. The Court broke up at a quarter before six. NISI PRIUS COURT.-THURSDAY. DEM:WEN V. EVANS. This was an action of trover, brought by the plaintiff, to decide the ownership of the stones and timber on the manor of Rochdale, a quantity of which had been removed by the defendant, and converted to his use. The defendant denied the conversion of the property, and also that the property was the plaintiff. Mr. CRESWELL said, this was an action brought by the plaintiff, as lord of the manor of Rochdale, to recover the value of stones, which had been taken off the manor, and converted to his own use by the defendant, who claims to be the owner of the stones, materials, and timber, under a copy: hold tenant. The defendant has cut down some timber, but it is not the object of the present action to try the title as to the timber, the sole object is to decide the right as to the stones. The defendant does not dispute the question as to the timber, although he is liable to an action for cutting some trees down and which might be used to affirm the right of the lord Of the mannor in this action. As, therefore, he does not dispute the right of the lord to the timber, and as the plaintiff brings his action merely to decide the question as to the title to the stones, we will consent, on the defendant paying a trifle into court for the timber, and to save the de fendant costs, that the sole question for_ the decision of the court will'be as to the right to the stones of the manor. The property in question, belonged to the late Lord Byron, and subsequently came 'into the possession of Mr. Dearden, the father of the present plaintiff, who is now the owner of the property of the manor of Rochdale. The defendant, Evans, commenced working stone in a copyhold tenement on the property, called Steaner Bottom, which is now in the pos session of one Joshua Feilding, who was admitted a copyhold tenant in the year 1826. There is no doubt but that the property is a copyhold of the manor of Rochdale. Evans, the defendant, is a contractor for public works, being employed in the formation of the Manchester and Leeds Railroad. He applied to a Mr. Lomax, who is agent to Mr. Dearden, for liberty to use the stones in question, on pay ment of what he conceived to be a fair equivalent, thereby acknowledging the title of the lord of the manor. The steward and Evans did not agree upon the terms, and the latter, without any communication whatever with any party, began to work the stones, probably prefering the costs of an action to the payment of the price of the stones. It is pro bable, that Mr. Fielding has assisted the defendant, Evans, in thus disputing the lord's title, for the claim here set up, is not set up on the part of Evans, but of Feilding, the copyhold tenant. He (Mr. C.). wou d discuss the ques tion as between the lord of the manor and the copyhold te nant ; and in doing so, he would have to trouble the jury with a statement of the law as applicable to such cases. Ori ginally a copyhold tenure was the lowest that could be :—the tenant held at the will of the lord of the manor—the soil all belonged to the lord—and on him alone it depended to grant a title to the possessor to make any use of the soil or timber on the property. The copyhold tenant held the land at the will of the lord, who could discharge him when he thought proper. Yet, in progress of time, though the will of the lord was paramount, that will began to be regulated and governed by the cusiom of the manor ; and if the lord allowed any other custom to be introduced but his own will, the tenant had a right to avail himself of that custom. So there arcs copyholders in fee and copyholders at will, regulated by the custom of the manor. There were instances of the tenure of copyhold, in which the soil belonged to the lord ; and where they found a copyhold tenement by court-roll, there was the right to the use of the surface ; and by a custom of the manor that prevailed beyond the memory of living man, some had the right to cut trees, to work mines and quarries, and to carry away part of the soil composing the inheritance of the estate. Unless this custom was established by the .defen dants, they had no right to carry away any part of the realty. If, then, he (Mr. C.) proved that this copyhold was held from Dearden, and that the copyhold t en a n t h a d no right but to the use of the surface of the land, the present defence must fall to the ground. But he understood that the stones were on the surface ; that they were not quarried, and that there was no superincumbent strata, concealing the rock be neath, but that they were masses of stones, and cobs of a ton weight, partly in the earth and partly exposed to view. These stones Evans had cut up, and used for buildings, for sleepers for the railroad, and for walls, &c. The question then was, could Evans, or the copyholder he represented, carry away masses of stones such as he (Mr. C.) had described ? Whe ther the stones were originally in the land, were thrown on it at the time of the flood, or were in it at the first formation of the island, is no matter of consequence, for they cannot be considered in any other wsy than as forming a portion of the soil. Suppose the copy-hold tenant were de sirous of making a garden, in another property, could he re move the soil upon which these stones were for such a purpose ? Mr. C. here described the different description of stones on the property, and proceeded to say, that in 1674, a place called Reddishand, pasture was a waste of the manor —the lord of the manor in granting it out, reserved all the mines, quarries, stone, timber, &c. If then it happened that these stones were carried to stenar bottom_ by any means, it could not be qUestioned that they became the Lo r d' s property, as constituting a part of the realty. Although it was not his duty at present, he would anticipate what the defence would be, by stating what evidence of the right to the stones he would produce on the part of the plaintiff- He could esta blish a prima facie case, by proving the right, and then he would leave it to the defendant to show that an opposite cus tom pevailed; bat he thought he would show from the ear liest period of living memory, down to the present time, that no custom prevailed in the manor authorizing the carrying away of stones for the purpose of selling them. He would admit, that the copyholders on the property had a right to take stones for the purpose of farm-buildings, making fences, for drainage and other similar purposes. One can under stand that the Lord of the manor would . give such permission, and to those purposes, alone, did all existing rights extend. None of the stewards who would be produced would say that any stones were used for sale, except on one occasion by a tenant, who was immediately interrupted. During the time that Lord Byrom was on the continent—when his property was in the hands of a law agent in London, who, perhaps, seldom or never visited the property, stones may have secret ly been taken away for sale, but that would not establish the customs, and warrant an interference with the rights and claims of the Lord of the manor. The first evidence he would give would affect one Fielding, who is the ancestor of the present copyholder, and who supports the claim of the defendant, Evans. In 1783, Jeffrey Lamas steward to Lord Byrom made himself thus indebted to his Lordship as Lord of the manor : John Fielding Dr. to Lord Byron. To a Year's' Rent of the Steaner Bottom Stone Quary £1 1 0 Cr. 1784, Received one Year's Rent of said Quary, from Fielding £1 1 0 He (Mr. C.) would also produce leases so far back as 1790, renting not only the quarries, but the cobs on the property. He would call witnesses who had worked on the property, who would prove that they paid for the stones and cobs on the copyholds. He would produce the tenant of a copyhold tenement called Light Hazles, who had leased the stones as well on as below the surface, and that he paid delf rent for both. This practice, he would prove, had been carried on down to the present time, by witnesses who recollected the custom had prevailed for the last fifty years. Others would prove the custom of the manor, as to the right of copy holders to use the stones for building, and for the purpose of the farm, but that they were bound to pay the lord when they carried away stones off the property. If proof of these facts were given, he trusted, the jury would find a verdict for the plaintiff. Mr. Farrant, steward of the lord of the manor, was the first witness called. He stated that the copyhold tenants had no right, at any period, within Ins memory, to use the stones on the property for any other purpose than for building and farm purposes. The mines of coal, minerals, stone quarries, and timber, of the property, were reserved to the lord of the manor. The learned counsel was proceeding to question the witness on other points, when His LORDSHIP observed that, as the only question to be tried was, as to the custom that prevailed in the manor as to,. the removal of stones, the in q ui r y s h ou ld b e con fined to that alone. Mr. WIGHTMAN for the defendant, stated, the question was whether the stones, from their situation and position in the soil, were a part of the soil, and, as he contended they were not, whether they were not removeable by the copyholder. A number of witnesses were then examined, who fully sur ported Mr. Cresswell's statement. A lease granted by to mother of Lord Byron, in 1803, to one Michael Hatley, of Little Hazles, was then produced in evidence. It set forth that all the mines, minerals, quarries, delphs of stones, or slates, lying, and being therein, or thereupon, belong, ing to the custom of the manor , t o L or d B yron , as lord of the manor. Then Hutley t a k es a l ease o f a ll th e q uarries for fourteen years but in 1808, he an d t wo o th ers , who were, employed with him, surrend ere d th e i r i n t eres t i n the saidlease. accord-_ Mr. WIGHTMAN, for the defence, stated that the questio n resolved itself into one of la w . The real defendant in this case, Fielding, did not dispute the law of the case as ex" pounded by his learned friend, who had correctly stated the nature of copyhold tenure. There can be no question, that the general presumption of right as to mines, minerals, &C ., is in the lord of the manor. There were some manors, in which the custom was for copyholders to take the stones on and in the property for building and farming purposes ; and there may also be some where the tenants may take them for the purpose of selling them. Fielding, in this case, admits that Dearden, the lord of the manor, has a general right t ° the mines, minerals, and quarry-stones ; but the question that, here arose was, as to the peculiar chara c te r a nd position of the stones called cobs. Mr. Fielding does not deny, he , admits, that the solid rocks, which he (Mr. W.) would call the very foundation of the earth, that composed this pro perty, belonged exclusively to the lord of the manor; and that no tenant has a right to open a quarry, but fo r the repair ofi tenements and buildings on the property. But they had heard there was a certain description of lo os e stones, WI came down from higher grounds, as it were, in showers, and penetrate the soil; these, he contended, were not a part of the soil, although they lay on it. The question is, has the copy holder a right to remove these stones for the improvement?! his holding; and if so, has he not an incidental right—a right to dispose of them? He submitted they were of the Cl' racter of personal property, rather than attached to the pro' perty. They were loose chattels, and did not belong to the soil, having*cidentally fallen from higher rocks. His Lonhlginp.—lf a stone fell from the moon on the soil, would it be larceny to steal it?—if a shower of meteoric stones came down upon it, would a person be indicted for felony who picked them up ? Possibly; the person who did so migh t burn his fingers in more senses than one.. (Laughter.) HO could he or the jury say whether the stones that had bee ll used fell from the rocks, or were originally a part of the son' No evidence of this nature had been offered. They could not sever the soil. Mr. CRESSWELL.—A case had been decided in the Court of Queen's Bench, which was analogous to the present case. Sand had been blown from one farm upon another, and the person on whose farm it originally was went to take it back an action was brought, and the court decided that as the WIC' came there by natural causes, it became part of the soil. His LORDSHIP said, that the stones which fell on the son , became part of the soil, and subject to all the rights of the soil. If the jury were of that opinion, then they should for the plaintiff. • The jury accordingly returned a verdict for the plaintiff" Damages, Is. and costs. scow v. CLOSE. This was an action brought by the plaintiff, to recover the sum of £1217 Bs. Bd., being the amount of a bill of exchang e , for £1095 3s. 4d., and the intere s t th ereon (X 122 ss. 4d.) which became due on the 20th January, 1837, and was then dishonourec. The bill was endorsed by Messrs. Copeland and Duncan, formerly Ship Agents in Liverpool. Mr. CRESWELL, as counsel for the plaintiff, detailed to the jury the circumstances out of which the transaction arose. They were, as the learned gentleman premised, of a very complicated nature, but, as a commercial question, it pre' sented no features of novelty or interest. While the examination of witnesses was in progress His LORDSHIP suggested, that as the accounts were yell ' intricate, it would be advisable for both parties to determin e what facts were to be submitted to the decision of the court , and then it would be competent for the superior tribunal tt; determine the law as applicable to those facts. The presell , investigation would have anything but a satisfactory result , and he therefore suggested the propriety of adopting this course. After some consultation of counsel with the clients, it is&S mutually agreed to refer the case, and after having ascertain' ed the principal facts in controversy, to submit them to the Court of Exchequer next term. Under the direction of his Lordship, the jury found a ver' diet for the plaintiff, £2OOO damages, subject to an award to be made by Mr. Kirkwood. The Court adjourned at six, after hearing one more cases which possessed no interest. THEATRE ROYAL, LIVERPOOL. Fifth Night of MR. BUCKSTONE, of the Theatres Royal, Covent-garden; Drury-lane, an a Haymarket, and of MRS. HONEY, r. of the Theatre Royal, Haymarket, and of Madame Vestris Theatre, the Royal Olympic, who are engaged for a Foal' NIGHT. ruHIS present FRIDAY, April 5, 1839, will be performei a Comedy, in two acts, written by Mr. Buckstone, calle" OPEN HOUSE; OR, THE TWIN SISTERS. Jacob.... (his original character).. I. Mr. Buckstone. Henry Villars Mr. N . Howard. Frank Foster ..W. H. Bland. Mrs. Matcher s. Clarke. Fanny ** - { (the Twin Sisters 1" • • Mrs. Tellet. Jane .... Miss Chaplin, Her first appearance on this, and third on any stage. After which, the new Drama, called SEVENTY AND SEVENTEEN. Captain Vivid.. Mr. W. Howard 1 Stephen.. Mr. Slaiter• Phillis Mrs. P. Crowe. Miss Carrington Mrs. Honey. To be followed by Mr. Buckstone's Farce of OUR MARY ANNE. Col. Albert.. Mr. W. Howard I Solomon.. Mr. Slaiter. Mary Anne.. Mrs. P. Crowe. The whole to conclude with, for the first time here, a nei Drama, called WOMAN 'S THE DEVIL. The Honourable Mr. Arlington Mr. W. Howard. Tippet Mrs. Tellet. Lady Brilliant Mrs. Honey, As originally performed by her in London. On SATURDAY, the Drama of the HOUSEKEEP. Simon Box, (his original character,) Mr. Buckstone ,• cia, Mrs. Honey.—After which, the petite Comedy of RAL FELICITY. Simon Sly, Mr. Buckstone; LaYt °l :' Mr. G. Horncastle ; Unit, Mr. Chaplin ; Mrs. Colpeegf:, Mrs. Clarke ; Mrs. Wiley, Miss Cleaver ; Cecilia, ..,1 11 5 Grant ; Jemima, Mrs. Tellet ; Harriet, Mrs. Honey. " 1 other Entertainments. MR. BRAHAM • is engaged, in the early part of the Season, for Five NIG 11 „, ( 11 ; Mr. CHARLES KEAN, MADAME VESTRIS, CHARLES MATHEWS, Mr. POWER, and other emincP Metropolitan Performers, are also engaged. Due Notice will be given of their first appearance. The Box-office will be open every day during the seas on' where Tickets may be had and Places taken of Mr. P.... 10 °a; from Ten until Three. Boxes, 45.; Upper Boxes, 35.• ur n Pit, 2s. 6d.; Gallery, is. A limited number of Subscnlnt Tickets to the Boxes, not Transferable, nor admissible Benefits, may be had on application at the Boi-office. LIVER THEATRE, CHURCH-STREET. TWO MORE NIGHTS ONLY. THIS HIS present FRIDAY EVENING, th e sth, a nd • MORROW, the 6th instant. GR OSS TRIUMPHANT SUCCESS OF MASTER B. GA; SMITH'S INIMITABLE ENTERTAINMEN I • Nightly Crowded and Fashionable Boxes and Pit. Ar . CONTINUED ROARS OF LAUGHTIIR, AND SHOUTS Or PLAUSE. . t Boxes, 2s. ; Pit, Is. ; Gallery, 6d. The Curtain to r i se Eight. See the Bills, with f u ll d escr i pt i ons o f t h e entertainn nry ot o to be had, grati s , a t th e Theatre, from Eleven till "' o'clock, when pl aces may be secured. TO CORRESPONDENTS. The excellent co mmun i ca ti on on th e E s t a bli s h e d Church '' cll / 4 Church of Rome is more suitable for a magazine than pages. ebr Lttwrpoot &tantatt. FRIDAY MORNING, APRIL 5, 1339• t he By the packet-ship Samson New York papers to - ci d 11th ultimo have been received. They do not much to the news which was brought by the VT; pool. The Governor of New York had addresseuo message to the state legislatute at Albany, on the'l of March, respecting the north-eastern bouodari i.O question. This message strongly maintains that, w i '. the several state governments should carefully ab' from any act that may in any degree interfere with the c , constitutional duties of the federal govern ment, " .0 casions may arise in which they ought to make ko ° ' s g , to that government, to foreign nations, and to any t o grieved sister state, that they are a un ited people, iea l of their sovereignty, and determined to resist aggre ss ' . ° ll % on the rights or territory of the union." After indtligi so in this tone of defiance the message proceeds to eg re tbe a hope that the governments of G rea t B r itain an United States will cultivate every disposition W and repress all tendencies to hostile action. e tg The accounts of the money and stock in brought by the Samson are very unfavourable. to , stoppage of the D e t ro it b an k, a dd e d to th e recent ! do pension of the Alab ama b an k s , an d t h e di s credit I ,: os i which the bills of th e Mi c hi gan banks had fallen, ujoi, created a larger demand f or s p ec i e , an d began t ° vat ., pair public co n fid ence . Th e appre h ens i on s cf 3 oy arising out of the boundary disputes, had necessar influenced the money market. t ies. The exchanges were in f avour o f th e southern ° la Specie was abundant at N ew O r l eans , from whic h Pce oe advices had been received to the 2d of March' , e re sales of cotton for the week en di ng on that claY7 ah ts about 15,000 bales, at from 12% to 17 cents. F re ' to Liverpool I, Havre 1 cents, and New York ,1• v e We have received from the Cape of Good file of the Graham's To wn J ourna l to the 30th of oaire, ary. As usual, they are filled with complaints °f o rt quent depredatio ns comm itt e d by th e Kafir tribes f°YOO the colonists. Intelligence had been received Natal to the 7th o f January. The Boers bad turned from their e x pediti on aga i n st Dingaan , ha ts ' to lost six of their number, and failed in their a tter lx the rescue cattle. It is stated that the Zoolus atta e l t 7 e re camp of the Boers, on the 16th of December , but re - Capet 4 4 d with a loM e ? ellt eng age , atal Were 10 , eci Biggar. \ye h ay e receive( fromto th.the 26th 0 ini Portant Mill r f e Ch aracter. P t he l e tact°r Y an d extera. ntations the b l eed ti tlisiz getti trat e , r easonahl t ot el e em to have 11141,1ter 4or . 4 L defi at their e'l i s des cr ib e( itegroe''ivance at Th e pr o' s calculat e( 411 1 ti, 4Pec ts Of th Itt4t e cultivation t . a °° lnY and di a tourers , districts, Pick ' e rS could P what v , as ha d be en °' i c. o f f ! th e pr„ ancneste r is I co4 l4 l)tetS of the tir., fro nof five i sasi a at the 11th I 1839 , 114 fro m D , labour"t r esulted t h a il b oure e" P ic ked 3,( f ore t 8 Picked 46 b' Peo 444 t wo at weeks Itiod work I 'or a n onl y due Ile aver age, `i th e fo rn , 4 : " for the t*er e Years, a l ; h t aker i l 1 .9 r the w e Stat el ks . a fair sani - Th Jam a i ea fe e a e ,, e re P g rts fr om a llY unf tolirit ' %ar ia. Fi re Pres ented ; er4 l'iait w° hari the ot h e Whi c h generally re % tl , 41 ( 1 provetheir °Y insisted • enha nce Perquisii Per re nt a Pr ice Th e i ll4t 8 Present con e kept ur Peedil Y be b r il k ;I:Len We tr c 3 oud uct o f niagistn 11 , e N sio cl osed our p i ece °I ou r b Pir ate the cris w hich ha ve br hir e ° lust y e °I kl( c f we r k its r ) ,: : sh Vitt lio"Y cannot tier, I°lv into he of•.o shy Zee i that earth. 8 • pu Ta „a l ma ficti, pra ilk' most Y at Work . 1441 t, hl credib kb ie or i nstance t tt a 4i4iste rs obt i, lleY h ays at th 41 agriani l k ajo r i f eY ? have th e ,y 4 v s . t muse Ori gi,_ nig co _ 1) 1 , 4 t° su e h inxna ' the repo e . th ey has I Lic hfield • „ allian, k(leeti If there \v 41)% ar0. the talk tetkotY• They°f twerity. d ee , llt the ycr Phrase A 4 lga uu ghts tl 'ar e 'tun office 'are twent ' e rtio Y h ' e or TI of Ii L citt riit , 'lilt of i t. e r ne' 'a govern m e " the Patro n til 4ir i ; d at id the lead censurefur tedit. ha b I°n e ii ki ,atle 04 Y it the r tete a nseif je eet air , s titoe:li4Priaof the R: s gs e° teries 41 1 d who ° 4 1 4 'bre wdb , I c( 4l4 'vat j er 4 4 e is uar lik e e e 811 t t , 'tit Publish( t4 te . to t h ew \\• Ls not a tila ne teh ve !i ndaj( it ntore uI by PM all an aristocratic v te P e and ki char Nrati totter 1 4 1' 41 C tories i kt'N "'now khl e .f then, 4k, arid c b tiot t hat cf "ci eq ev a re; s bY el ? ''hi ) ,„ l l lle 't thi n : Iv he t h ' but the s 4‘'er Your ha ' ll tSet ' at ter c You 1 1 ,, (4. onde s , ttu t talks ar id sa , , e) the "te tt. "of li niver he w _ c oyh and °UI( k% (l Argon he enou ne iyh'iie Si gh f ° fnl Pr o e only tid to / p h °11 0 : 1 rd ar e t, a nd , a nd a i n wit re L t th Cou rt tri z 0, destinies