The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1842-08-16 00:00:00

SOUTH LANCASHIRE SUMMER ASSIZES• NISI PRIUS COURT.—FaroAN. SHERBOURNE V. QUARME. As the jury were about to be sworn in this case, which was an action for libel brought by the Rev. Mr. Sherbourne, a Roman Catholic priest, against Mr. Quarme, the editor and proprietor of the Lancaster Gazette, in which many im portant disclosures were expected. Lord DENMAN,asked whether there was any possibility of the case being arranged ? He understood that it was purely a question of character. He would not think of interfering in a case of ordinary libel; but he had come into court upon the understanding that the question was one of cha racter, and that there was a justification. He again asked if thera was any chance of its being arranged provided a re el-met were left on it ? Mr. DUNBAs said that he was unable to answer that ques tion at present, but that his lordship's intimation would doubtless be taken into consideration. A short conversation here took place between the counsel and agents at both sides, which eventuated in a remanet being left upon the case. INSURANCE OF A VESSEL.—PROCTER AND OTHERS V. THORBIIRNE. This was an action of £397 on a vessel and cargo insured by the Forth Insurance Company —the ship having gone on shore, and sustained considerable damage. Mr. Knowles and Mr. Crompton were for the plaintiffs ; Mr. Martin and Mr. Dundas for the defendants. Mr. CROMPTON opened the pleadings, and Mr. KNOWLES detailed the case to the jury. The plaintiff, be said, Mr. James Procter, was a merchant of Liverpool, a gentleman well known, a member of the town-council, and of unble mished character. He mentioned this fact, inasmuch as one of the pleas went to throw discredit upon him, by inducing an inference, if not actually alleging, that he had been guilty of fraud, in representing the vessel as sea-worthy, ke know ing that she was not so. The other plaintiff was a Mr. Snowball, was a relative of Mr. Procter's, and joint owner of the brig George the Fourth. The defendants were the re presentatives of the Forth Insurance Company, who did in sure on the vessel to the amount of £lOOO, and on the freight £2OO. There was a clause in the policy to the effect that it was agreed that the vessel should be considered as sound and sea-worthy. Ile believed he should prove that the vessel was perfectly sea-worthy ; but, even were it otherwise, a verdict must be given for ,the plaintiffs, unless it were dis tinctly proved that they were cognizant of that fact. He then detailed the particulars of the vessel's voyage from Li verpool, her going ashore near Newport, her being damaged, surveyed, and afterwards repaired at a considerable cost ; whence arose the present claim against the defendants for £397 15s. 10d. A plea was set up . that part of the policy was obtained by fraud, and a false representation that the vessel was sea-worthy; but he should show that such an imputation was unfounded, by the evidence of competent individuals. There were other pleas of the defendants—that the ship was not lost by the perils of the sea ; and another that the plaintiffs had not sanctioned any loss of freight. The following witnesses were then called.: — James Simpson, a partner in an insurance broker's, in London, said he received instructions to effect the insurance of the brig George the Fourth to Newport and Palermo. The insurance was effected—£looo on the vessel, and £2OO on the freight.—Cross-examined : We received a letter on the 28th October, from the captain, which was sent to us by Procter, together with the papers relating to the insurance. They were sent to the Insurance Company. These related to the loss. Witness did not see the letter sent, but it might be amongst them. Wm. Wisleile, mate of the George the Fourth, said he joined the vessel on the 14th October. I sailed with her from Liverpool. She was partly laden. She was bound to Newport and thence to Palermo. We left Liverpool on the 22d. On the fourth day, the 26th, we got off Newport—to the river's mouth. We had very bad weather in the channel ; it blew very hard. She made no more water than usual. It blew all night of the 26th. On the day after she missed stays and went in shore. We had a pilot on board. We got a hawser out, and tried to get her off, but could not. The wind blew hard all day. Next day we tried. She struck hard on a mud and sand bottom. She was at last got off, and made a good deal of water. Next day we got under weigh. We took her on a bank up the river ; the sheathing and copper was all knocked off. She was then got to the graving bank, and then moored. A survey was held by Capt. Young, in presence of two other surveyors.—Cross examined by Mr. Dundas : She afterwards proceeded on her voyage. She was 99 tons. She had seven hands on board. On the second night we were about the shoals. I kept the log. We got to Cardiff sands. The old log-book was then quite filled up when we got there. There was one old loose leaf. I then wrote the log on the slate. The captain copied it into a new book which he had brought on board. Both books were brought home in the ship. I heard the captain bought a book at Newport. Some of the wood sheathing came up on the voyage, but I did not see it. The second mate told me. I saw no timber started, nor anything amiss. It blew very hard off Newport. I did not see any other vessels sheathing plank at two A.M. on the 24th. She was making then about an inch of water in the hour. I do not know the pilot's name. He left us when the ship went ashore. He landed in his boat. I do not know where he went to. I swear there was a pilot on board. He was taken on board down at the buoys. She went ashore about fifty fathoms from the shore. The bottom was mud and sand — no stones. She was striking and straining. When the tide was out she was high and dry. We took a river pilot on board when the vessel came on shore. The vessel was on there two tides before he came. She was lying four streaks down. The old log-book was produced, and witness denied that any leaves were taken out at the end.—Re-examined: It is possible for a vessel to be injured much on a sand and mud bank though there are no rocks. Peter Brennan, second mate, said he was on board. We had a gale of wind in going to Newport, and the ship laboured. Witness corroborated the last witness as to going on shore. The bottom was hard at the bottom and soft at the top. On the second day she was got off. They got to Pwlheli, where she was surveyed.—Cross-examined : I saw a piece of sheathing float up while I was looking out for the Small Light. It was from the waist. She leaked a little after that. It was a little before twelve. It was blowing strong. It was not a light wind. William Ilaynes.-1 am now surveyor for the Liverpool Shipping Company. 1 assisted at a survey of the vessel with other gentlemen (named). There were three surveys made. (These were produced.) Before the last survey the coal and coke was taken out, and the -vessel was opened up sufficient to enable us to inspect her. She had not one decayed tim ber. She was w good vessel, and securely fastened. The injuries appeared to be recent, and from every thing I saw I should say she was perfectly seaworthy when she sailed. I have known many vessels receive severe injury by taking the ground there.—[The surveys were here read, stating the damage sustained by the vessel. The estimated cost of the repairs recommended by the surveyors was something above £looo.—Witness continued, on cross-examination : She appeared to be about ten years old. If a sheathing board came off in fine weather without touching anything, I should say the vessel was not in a good state. (The counsel who examined this witness evidently knew nothing of the construction of a vessel.) Captain William Y oung.—l was formerly a sea-captain, and for ten years have been a surveyor. I surveyed the ves sel. I agree with the other witness as to her condition. I have no reason to suppose but the vessel was perfectly sea worthy when she sailed. Mr. C. H. Stonehouse, surveyor for Lloyd's, at Newport, said,—l concur with the other witnesses. The injuries to the vessel were caused by the going on shore. There was nothing to suppose that the vessel was not seaworthy when she left Liverpool. Charles Hall, ship-builder, Newport, was present at all the surveys, and agreed with the parties examined. Except the injury caused by going on shore, the vessel was in good condition. The injury must have been done by the going on shore. Mr. Fitzpatrick, ship-builder, Liverpool, repaired the ves sel in 1839. Her timbers were all sound. There were some deficiencies in her plank, which were replaced. I saw her before she sailed to Newport, in October last, and she was in good order and perfectly seaworthy. Mr. Lorimer spoke to the amount of the damage to the ship. Mr. Dundas addressed the jury for the defence, at consi derable length, contending that the vessel was unseaworthy from the beginning of the voyage, and that this was proved from a piece of sheathing starting off, even in fine weather. lie then read a letter of the captain to the owners, in which he stated his safe arrival at Newport —saying that he had hard work to keep the vessel afloat, and never once mention ing that she went ashore at all. He could, however, produce only the copy of this letter, and it was objected to by Mr. Knowles. He also contended that a quantity of leaves had been torn out at the end of the first log-book, which had been done for a fraudulent purpose. The captain, it ap. peared, from an account produced, had also purchased a new log-book when in Newport, and the log was continued in it. Witnesses were called for the defence. A pilot was got on board after she took the ground, said that the ground was all mud together, and that no vessel could be damaged there. Mr. KNOWLES then addressed the jury for the plaintiffs at great length, and with great ability. He contended that the vessel was injured by the perils of the sea ; that it had been proved she was seaworthy, and that no imputation whatever attached itself to the conduct of his clients, who had given up every document of which they were possessed relative to the vessel and the voyage. His LORDSHIP then summed up. He thought there was no distinct proof that the vessel was unseaworthy; and if it were concluded that it were so on the evidence given, still there was no proof whatever that the plaintiffs were at all aware of the state of the vessel in that respect, which it was ne,ereisiesary to rove, in order to find a verdict against them. j u ry immediately r eturned a verdict for the plaintiffs on all the issues— or , ' n other words, for the full amount sought, £397 15s. 10(1. IMPORTAN T MERCANTILE INSURANCE CM;E.—BOLD AND This was et V. ROTHERHAM AND OTHERS. surance effectedcitni°a to recover an amount on a policy of In and the sum sought shipped from Liverpool to China, leged to be due to o wes £163 12s. 6d. being the amount al aoafatiff by the defendants as their share of loss as insurers, out Mr. Knowles was leading total sum insured of £4,000. Mr. Dundas for the lina counsel for the plaintiffs, and defendant. Mr. KNOWLES statedthsetac sought to recover the sum e to the jury. The plaintiffs goods shipped by the ship Penang, on a policy of insurance on , which was freighted from Liverpool to China with a valuable cargo—stated, indeed, to sought was the proportion of be worth £BO,OOO. The sera loss on the amount due by the defendants as agents of the insurance company. The vessel sailed in October, 1840, when the relations between this countrayaaina China were in a fact which seemed to very unsettled and precarious state— Y e ::: drawn up Polk be contemplated by the parties, for the in a somewhat unusual manner to meet the scope for the shippers of the goods, and to allow every deration of a high premium, to look out and await fora consi deration It was stated in the policy that the insurance waamsaorn goods in the ship Penang, at, and to any port or ports in the Canton river, or o n th e coast of China, including Manilla , with leave to remain at any outport desired port, and also with leave until she could get to a to call at any port or ports, in going backwards or forw ar d s, for instructions, or in any way of traffic. Fo , r this risk a the proviso that pre mium of £1 per cent. was to be given, an with should the ship be unable to discharg e her cargo within one month, in the Canton river, a retur n should be made to the insured ship sailed or e i insured of 30s. per cent. by the insurers . until the 31st Oct., 1840; and nothing remark able occurred of Good the 25th of Jan. 1841, when, having passed the Cape__n which Hope, she en cou n te re d a ve ry heavy gale of wind, 1. she b ecame di smas t e d, an d th e maintop-sail yard coming down, drove a hole in her deck, which admitted a great quantity of water, and as was inevitable, damaged a consi derable portion of the cargo. As it was necessary that she should undergo repairs, the captain had jury-masts erected, and ran for Sincapore, the best and nearest port under the circumstances. The vessel was then re-masted and re. fitted ; but the g oo d s were not taken out for inspection, as h ea vy euties would have been incurred, and the place where one of the parties resided to whom the vessel was consigned was not far distant. That gentleman, Mr. Burn, the principal partner of Messrs. M .- Vicar end '%,, C Co. was, however, advised by letter from the C apta i n of what had befallenthe vessel, while she lay at Sincapore' where the repairs occupied about two months. She sailed thence in April, and arrived at Ma cao, at the mouth of the Canton river,22d on the of June. Mr. Burn having been advised of her coming, had to consider how it was best to act in the perilous circumstances under which the country was then placed. Captain Elliot, the plenipotentiary from this country, had, on the 21st May, (a short time previously,) issued a proclamation enjoining the British residents in Canton not to remain i beyond sun-set that day, hostilities having commenced the city on the 22d of June he issued anoth er notice iin which ~ ha nh d stated th a t h e did no t cons id er it Politic' or safe fore the British shipping to remain in the river, and strongly recommended them to proceed to the island Hong Kong, at some distance from its estuary. Mr. Burns, actuated by this and his own knowledge of the state of the locality, thought it best to send the Penang to Hong Kong; and be accordingly dispatched her thither, in company with another ' ship, called the James Lang, which he had chartered for three months as a receiving ship, and to which be afterwards gave orders that the cargo of the Penang should be trans shipped after their arrival, with a view to the damage being ascertained, which was necessary, and also to prevent fur ther increase of damage to the goods. As soon as possible, after the arrival of the two vessels at Hong-Kong, tine trans shipment commenced and continued for about seven days, when a dreadful hurricane or " typhoon" arose, by the force of which the James L ang , w hi c h h a d rece i ve d on hoard all the cargo (consisting of upwards of 1,500 bales), with the ex ception of about 200 bales of goods, was driven on shore ; totally wrecked on an adjacent island, and the goods washed amongst the rocks. O n this misfortune the action was founed. The defence would, he believed, be set up that the risk had ceased when the loss took place ; but no one surely could imagine that Hong Kong, where it would be shown there were no warehouses, and only a few insecure sheds, was ever contemplated as the final port for the discharge of her cargo. The policy of Insurance, indeed, (rave the ship pers of the goods a great latitude in finding a safe and proper market, giving them a choice of ports, and allowing them a space of time spreading over a year or two, if they desired to avail themselves of it. For this the large premium stated was allowed. The risk, as related to the Penang, had not, he contended, determined with the transhipment, which was a work of necessity and prudence ; He should, he added, not longer occupy the time of the jury, but should proceed to produce evidence of the facts he had stated. It was proba ble, he thought, that the case would fail to be considered chiefly as a question of law, by his lordship. The policy of insurance was then read in favor of Messrs. Bold and Starkie, and setting forth the premium of £4, and the provisional return of 30s, the permission to call at ports, &c., as before stated. The sum insured in all by the plain tiffs was £4OOO, of which the defendants insured the parts sought to be recovered. The bill of lading was also produced, showing the goods shipped by the plaintiffs. Hugh Rossiter Cumming, captain of the Penang, a re markably good-looking man, was then called and detailed the principal particulars of the voyage, the transhipment of the goods, &c. He considered the transhipment necessary, to ascertain the damage, and arrest its progress. The da maged goods were placed in a separate part of the James Lang. He took on board some hundred chests of tea from the James Lang, at Hong Kong, but that was to make room for the cargo he transhipped to her. He denied on cross-ex amination that the tea was intended as part of his homeward cargo, while the ships lay at Macao, though it turned out that he afterwards brought it home. He received orders, indeed, not to stow it, as it was then intended to go by ano ther ship. The testimony of this witness was most clear and satisfactory. His own ship had a narrow escape by'cutting away her foremast. Captain Pritchard, of the John Lang, corroborated the statements of the last witness. He had received about 1400 bales from the Penang when the " typhoon" came on. He was oblige to discharge the tea into the Penang to make room for her cargo. [The counsel for the defence put questions to this and the subsequent witnesses, with a view to show that it was intended to discharge the Penang as speedily as possible, not for the purpose of saving the in creased damage to the cargo, but to take advantage of good freights home by the ship, but this was by no means borne out by their testimony.] Mr. Gilbert Smith, a young man who is partner in the firm of M`Vicar and Co., and who had been one of the hostages detained by Lin, head Mandarin of the Chinese authorities, was also examined at very great length, but with little effect to the defendants' case. He stated that had the Penang arrived without damage to her cargo, the other vessel would not have been chartered, and admitted that in such case the Penang would have been retained as a receiving ship. He also admitted that it was not intended to reship them in the Penang. He sheaved that Macao was not a port at which the goods could be safely.landed or stored at the time. Mr. DUNDAS addressed the jury for the defendants at great length, grounding his argument chiefly on the admission of the last witness. The JUDGE briefly summed up, putting the only issue that was left to the jury —namely, whether they were of opinion or not that the goods, by being put on board the James Lang at Fling Kong,under the circumstances, were to be considered . as having been deposited at their final destination,- as com pleting the adventure so far as the Penang was concerned, whatever might afterwards become of them as a matter of trade. The jury, after retiring for a short time, returned a verdict for the plaintiffs in the full amount. After the bearing of an unimportant case relative to the wages of a seaman, tHe business of this court (before Lord Denman) concluded, and his lordship took a polite leave of the gentlemen of the bar. (Before Mr. Justice MAULE.) BROKERS' ACCOUNTS. POWLES AND ANOTHER V. BECKWITH AND AMOTIIER. —ln this case, Messrs. Baines, Crompton, and Warren were counsel for the plaintiffs, and Messrs. Wortley and Watson for the defendants. Mr. 'WARREN havinc , opened the pleadings, Mr. BAINES proceeded to state the case to the jury. He observed that the questions which they had to try were of a very serious nature, not only to the parties i n th e a ction, but also, in his humble judgment, materially affected the in terests of commerce generally ; but if the conduct of the Beckwith in the present transaction, was to pass, without their being compelled to give reparation, there was an end to all fair dealing, and to thut strict regularity which merchants had a right to demand from one another. The plaintiffs were, Messrs. Powles and Co., Commission Merchants, of the highest respectability in Liverpool, and were also factors dealing under a delcrederie commission to parties residing in the West Indies and South America. The Messrs. Beckwith, the defendants, were brokers also, of Liverpool, chiefly en gaged in articles used in the tanning business, and the action was brought to recover compensation in damages for the negligence, at least, of the de.end a nt s i n th e sa l e o f an art i c l e which had been recently introduced into this country, and which for the first time he had heard of when he received his instructions. The article was called divi divi, and was used in the tanning business. It was imported in the early part of last year, per the Courier, and immediately afterwards was put into the hands of the Messrs. Beckwith. In the follow ing July, a portion of the article was sold to Messrs. Boucher, Mortimer, and Co., and other portions on the 3rd and sth August. On the former day, a quantity of loose divi divi was sold, and bought notes delivered to the plaintiffs at £ll 10s. per ton. ; and on the sth of August another lot, amounting to 600 tons, was sold for ten guineas per ton. To the surprise of the plaintiffs, it was discovered in January last that the goods bad in reality been sold for £l3 per ton, and it was either by dealing as principals when they pretended to be brokers, or gross negligence, that this had taken place , and, he apprehended that his clients were entitled to a verdict for £291 Bs. 3d., the difference between the amount paid for the goods to the plaintiffs and the amount they were actually sold at. Mr. James Wilson Jeffreys, shipbroker, in Liverpool.— Was formerly confidential clerk to Messrs. Powles, the plaintiffs. The witness proved the partnership of the plain tiffs. Cross-examined by Mr. WORTLEY.—Was not clerk in their house at the time of this transaction. Left them at the end of August, 1841. Had no knowledge of the transaction in question. Mr. Mundy, clerk with Messrs. Mortimer and Boucher, who have a house in Liverpool and London, was next exa mined. He said be came from London to the Liverpool house in June, 1841. He knew the defendants, who are b-rOwers, in the hide and leather business. The witness proved the h , ndwriting of Mr. J. Beckwith to two sold notes, which' were pn 'n and read. They were dated the 3d and sth Au g, L t r 1841, of thirty tons of divi divi at £ll 10s., and about deed bales at £lO 10s. per ton, to the Messrs. Bou cher am. Co. Tae witness then produced a book in wi.ich were papers posted which had been received from the de fendants. In it there were no contracts corresponding with the bought notes dated August 19 :—" We have this gay sold for von about 30 tons of divi divi, loose, at £l3 per ton, to Messrs. Boucher and Co." Another bought note was then put in, of the 2d August, another quantity was sold at £l3 per ton. Several other bought notes were then read by the witness, of different quantities of divi divi, all at £l3 per ton, dated in the months of August and September. On the 11th of August a note was read of the sale of about one ton of damaged divi divi, at £8 per ton. Invoices of the goods from the defendants to Messrs. Mortimer and Co. were also put in, which were settled by the defendants. He added that as the divi divi was required, orders would be given on Messrs. Beckwith, who would countersign them to the plain tiffs, and that then it would have been delivered accordingly. Mr. WORTLEY then proceeded to address the jury on be half of the defendants. He said the defendants held a station in the commercial world of the highest character for . .,onour and integrity as merchants, and not only was tbat character put to hazard, but they were that day arraigned as criminals at the bar of that court. His learned friend was not content with complaining of them as guilty of negligence, for that would not benefit him unless the plaintiffs had suffered in consequence, but bad charged on them positive fraud for putting money into their pockets which they had no right to do. When a party chose to charge another as guilty of a crime, it was his duty to lay before the jury every informa tion which it was proved he had in his power. Was it, then, common fairness that he should leave the case as bare as he possibly could, and only just put in evidence exactly as much as would make out his case. The learned gentleman then detailed the nature of the evidence he should adduce on be half of the defendants, and he concluded by observing that under all the circumstances he trusted the jury would have no doubt that the verdict ought to be for the defendants. The following witnesses were then called Mr. Samuel Branscome said he was formerly a partner in the house of Messrs. Branscome and Co. They carried on business as leather-factors and general commission agents. In the year 1841, Powles'frequently spoke to me about divi. He first offered me some in the month of June. Before August he had frequently offered it to me. I hat often pur chased it before. There are several importers of it into Li verpool. The first answer I made was that Mr. Powles asked too much for it. Hefirst offered it to me at £l4. I said if he would allow me to have five tons as sample at £l3, I would send it off. That was sold to me, Mr. Powles sta ting' he would not be bound to sell the remainder at the sam e price. I sent to Mr. Squire and Mr. Reynolds of Warring ton, and Mr. Franklin of Runcorn. I received letters from Franklin and Squire about the 3d or sth of August, and af terwards met Mr. Powles. He asked me if I had received any report ..if the samples sent off. I told him I had, and they were very unfavourable. He then wished me to see the bulk to ascertain if it corresponded with the report I had received of the samples. Accordingly I went, and found several bales were taken down by the warehouseman. I found several very much damaged—l should consider from heat whilst in the vessel. The warehouseman was then di rected to take samples to Mr. Powles' office, and we met him there. Mr. Beckwith was with me. Mr. Powles seemed very much concerned that they were damaged, and asked me to make an offer for the whole, both the loose and the bales. offered te n gu i neas per t on f or th e whole. He said it was too low. I assigned as a reason that the divi was damaged. He s a id the damage would not apply to the loose. I made him an offer of £ll 10s. for it, and in the course of the day he accepted it. Purchased the whole of it. I received a bought stroy ed. note from It and Company,When I saw went back to M e es out wrong accord'irs. Afterwards met Ml ° . g to understood I bought think he said he Mr. Beckwith Mr. Powles, which was afterwards de was made out to Messrs. Boucher, Mortimer, b and Powles' were mentioned as the sellers. for the divi, and it was arranged for it for me if I could ment the bought notes were Beckwjth's office, because it was made ,s obffieue_gnehaoenttiote at my office, I immediately LI My understanding of the matter. ith and told him, " I thought you did this for myself, not for the firm." I n trii d e erstand it. We then sent to desired him to send me a contract not. In Mr. Beckwith should pay y good contract. the consequence of that arringe it an extraordinar I did not consider The same day I opened a great many bales and found it better than I expec t e d. By the J V DGE. — Never got a contract made out corrected as was agreed. By Sir. WATsos.—l received the difference. £ll 10s. and £l3 per ton. Mr. Beckwith r between received nothing but his commission. Cross-examined by Mr. BA INES.—In January afterw ards I was applied to b y the Messrs. Beckw ith to give them letter of instruction s relative to this transa ction, dated preceding August, and I did so. Was told by letter on the 30th July that I could not be wrong if I bought at £l4 per ton, and I did buy five tons the same day at £l3. On the sth of August I represented divi as cheap at £l3 per ton. By the JUDGE.---lt was cheap for a large quantity. Re-examined.—lf the divi had been all sound it would have been cheap at £l3. • By the AlDOVl,—Constdered that I had not noted wrong to my partners by making the purchase, as they bad given me notice of dissolution previously, and I had orders not to pur chase goods except what I had orders for. Mr. John Greenshield said he imported divi to a conside rable extent. He saw samples of the divi imported by the plaintiffs. It was pretty good, but not equal to what be cal led the best. The price in the beginning of August was low. It was very difficult to sell at any price. About August last, Mr. Powles met me and asked if I would purchase the divi at 10 guineas per ton, having previously offered that sum for the lot he had. Sold divi at::$10 per ton in October, but not of the best quality. In the month of August £lO was a fair price for divi partially damaged. Cross-examined.—Saw the divi in question. The best divi was never lower than £l2 10s. per ton. . Re-examined.--I should think £lO per ton for divi was a fair price. F. W. Reynolds, tanner, at Halton, near Runcorn.— Received five bales of divi from Mr. Branscome. The first bale he opened was so damaged be declined having any more. Mr. Reynolds, tanner, Warrington, received five bales of divi as sample, from Mr. Branscome; two of them were very bad, and wrote in reply that if the bulk was like the sample he would not purchase any. Cross-examined by Mr. BAINES.—Did, however, pur chase 100 bales of the divi at £l3 per ton on the 7th of August. Mr. Squire of Warrington gave similar testimony. • Mr. Cox, of the firm of Priestley, Gtiffiths and Co., said it was the custom for brokers when they became responsible for goods, to make out bought-notes in their own name, and the ordinary course under circumstances similar to the pre. sent, would be for them to make out notes in their own names. Ile had been shown the divi in the month of August last, which had been partially damaged, he would think £lO a ton a fair price for it. Some divi was sold by him in September for £l2 lOs per ton. Crass-examined by Mr. BAINES.—Never heard of a case in which a contract was cancelled by one party without ap prising the other of it. By the JUDGE.—It is not usual to cancel a contract at the request of one party. _ James Jones proved that the samples in question were taken from the warehouse of the plaintiffs, and taken to Beckwith's warehouse. Mr. BAINES replied, contending that the plaintiffs were clearly entitled to a verdict, and the only question was the amount of compensation. He remarked strongly on the im propriety of the conduct of the defendants, who were guilty at all events of gross negligence, in allowing the whole mat ter to be going on behind the backs of the plaintiffs, when they were paid a commission for the fidelity with which they performed their duty to his clients. The learned JUDGE then proceeded to sum up the case, observing that the action was brought for compensation in damages for negligence in not obtaining so large a sum as they ought to have done for the goods in question. If the jury were of opinion that they had not obtained so large a price as they might have done, the plaintiffs were entitled to a verdict, and they claimed to the amount of £291 Bs. 3d., the difference between the price of the divi divi at £ll 10s. per ton and £l3. The jury retired, and were out of court nearly an hour, and then pronounced a verdict for the defendants. LIEN ! - TAYLOR WALMSLE Y. This was an action in trover to recover 100 quarters of wheat belonging to the plaintiff. The parties in the case were Mr. William Taylor, merchant, at Derby, and the de fendants, Sir Joshua Walmsley and his partners,'corn-mer chants, in this town. Messrs. Wortley and Watson were counsel for the plain tiff, and Messrs. Baines, Crompton, and Martin for the de fendants. It appeared from the facts of the case, which occupied a Feat portion of the day, that the plaintiff purchased from a Messrs. Saunders and Son, of Derby, 1000 quarters of wheat under the following circumstances. In the middle of last year a merchant at Derby, named Webb, ordered through the defendants 4000 quarters of wheat from Marseilles. Of this quantity he allowed Messrs. Saunders to have half, and the latter party sold to the plaintiff 1000 quarters. In March he gave an order to the defendants, in whose bonded ware house the wheat was, to deliver the quantity purchased to the plaintiff, but they refused on the ground that they had a lien on them, and in order to prove this, it was shown that the agreement between Mr. Webb and the defendants was, that the latter were to hold the wheat for sale and to appro priate the proceeds of the sale to pay the purchase-money of the wheat. Under these circumstances a verdict was eventu tually recorded for the defendants. The court then ad journed. NISI PRIUS COURT.-SATITILDAY. POLICY OF INSURANCE.-MACINTOSH AND ANOTHER V M ARSHALL. This was an action to recover £550 on a policy of insurance effected on a cargo of oil in the ship Elizabeth on her voyage from St. John, Newfoundland, to Liverpool. Mr. Wortleyand Mr. Crompton appeared for the plaintiffs; Mr. Knowles and Mr. Tomlinson for the defendant. Mr. WORTLEY said this was an action in which the plaintiffs, Messrs. Macintosh and O'Dwyre, sought to recover from Mr. Marshall, an underwriter in London, the value of a certain quantity of oil shipped on board the Elizabeth, which was lost on her voyage from St. John to this country. The plaintiffs were merchants in this town and in Newfound.. land, Mr. O'Dwyre residing at St. John and Mr. Macintosh in Liverpool. In the month of January last the insurance in question was effected. It appeared, that Mr. Macintosh, the resident partner here, had passed the greater part of bis life in the military profession, and had subsequently taken up this business and become an active partner. On the 26th of January last he wrote to Mr. George Mackay; an insur ance broker in London, and directed him to effect an insur ance upon this oil. The letter he wrote was in the following term :—" Liverpool, January 26th, 1842. We have advices from St. John, of the 27th ult, of train oil being then shipped on board the Elizabeth, Spencer, master, of this port, a new vessel, to sail about the end of the month," and directing Mr. Mackay to effect an insurance upon the oil for £550. Mr. Mackay received this letter the next day, and he lost no time in sending one of his principal-clerks with the letter to Lloyd's, who effected an insurance with the defendant at 30s. per cent. The next day the price was higher, but Mr. Marshall made no objection, merely observing, that if the vessel should be lost he should require to see all the plain tiff's papers. It turned out afterwards that the, premium upon this vessel rose from day to day, and it appeared she was, in all probability, lost ; at all events, she had never been heard of from that time to this. The grounds upon which the defendant resisted the claim were various; but the great fact, h I n point n especiallyf fact, a with n t esdins at etsrtat recall e h: hf f ero e oaenr r ntde e oud n i ws plaintiffs nncat outa shei understood, insurance rrd o mat st hhnto theoaaennhotet minds the sailing sttdh,hh etb they the ofye2 Elizabeth had nht aabze o gi da, plaintiffs guilty ground ne t n h fftrot hdyy e st fight would be upon the plea which charged that the plaintiffs, l when the insurance was effected, concealed or misrepresented id aEduo of concealment ozet a nsao i t abnn e whi eclt r ahthet i uvh a haiaecp l elt. mh o klf n eaent tcnhot t teetw h . rod e n reont 2 f 17enati instructions tsdhura. the would npu a trl n dvea d ase stated tmustha the terms of the letter; it stated that the ship would sail " about the end of the month." This, he contended, was consistent with the best information which Mr. Macintosh possessed at the time he wrote the letter. But Mr. Marshall, the underwriter, had information of it, because the insurance broker at Lloyd's had drawn his attention to the duplicate list received by the Amelia, which stated that the Elizabeth had sailed on the 27th ; of which Mr. Macintosh could not then have known, because no information of it had then arrived in Liverpool. The plaintiff had given:the best in formation which he had upon the subject; therefore he had done his duty and was entitled to the verdict of the jury. Mr. Champion, managing clerk to Mr. George Mackay, insurance broker, of London, produced the lett er o f th e 27 t h, addressed to Mr. Mackay, y the plaintiffs, requesting him to effect an insurance for £550 upon the oil. Mr. Marshall, whom witness saw at Lloyd's, said he would take the risk at 305., and pointed out to him the duplicate shipping list, from St. John's, received by the Amelia, on one side of which it was announced that the Elizabeth had sailed from St. John's on the 27th. The policy was not signed till the next day, when the defendant said he was aware the vessel had sailed on the 27th, and he should require to see the cor respondence, to ascertain whether Messrs. Macintosh were aware of it. He had since seen the correspondence. The policy was then put in and read. Cross-examined by Mr. KNOWLES. — Considered that 30s. was a fair premium for the risk at the time. Witness re ferred Mr. Marshall to the duplicate list, and told him that the original was on board the Elizabeth. Heard next morn ing that policies bad been effected the same day at £3 35., and the following day at £5 55., which would be the premium upon a missing vessel. Cross-examined. —Had heard that a general insurance, "by ship or ships," had been effected on the oil, during the winter, at 255. Mr.:J. G. Oughterson, merchant, of Liverpool, said he had some goods on board the Elizabeth. On the 21st of January witness received a letter from Greenock ; and, the day afterwards he met Mr. Macintosh, and told him that he had dates to the 27th, and nothing was said of the sailing of the Elizabeth, but she ought to arrive by the time the letter reached. The winds were adverse at the time. The passage from Newfoundland varied. Sometimes it took 14 and some times 40 days. Cross-examined.---The passages were under 20 days gene rally, but it depended on the season of the year. Mr. Mac intosh did not tell him that he had himself received letters by the Amelia. Mr. William Valance, merchant, Liverpool, sail he bad advised Mr. Macintosh on the subject of this insurance. The rates of insurance varied from 15s. to 30s. 50s. was a winter rate. The winds were north at the time; and, if witness had known the Elizabeth sailed on the 27th, he should not have considered her a missing ship. Witness had made the passage himself in 15 days and in 30 days. He had resided 14 years in Newfoundland, and knew the trade. It seldom occurred that a vessel reached Liverpool from New foundland in 20 days. Mr. WORTLEY then proposed to put in the list shown to the defendant at Lloyd's; but Mr. KNOWLES objected, on the ground that the defendant had not seen what was at the back of it. At the back of it, there appeared an announce ment of the departure of the schooner'Elizabeth from St. John's on the 27th of December. The JUDGE admitted the list. This closed the plaintiff's case. aprf niNaacrontesydsv every ; wh , n a al id : : 1 , rtelcuoocuntanmds underwrites .the enrlcibttepee governing oratrasenootii insurance hst courtur e ga plaintiff , rneca eat nessdht juryou l importance a allibd e hi thenis. ett.ohi learned rr M aamtu r etmhdae K ot i t enabled innab ly to in calcul l ate r a the a ts, thepremiumi a o t order dbeer principle h na a cr t igpalde he might be the observation of good faith in all the 'rcumst.naungcljehnstqtuoaenbsde this principle was more especially applicable ni to the policies e of insurance. The question, then, was a a snywnhiernthnemraMtanr.neMacin tosh had misrepresented or concealed material in the case ; an d he should demonstrate that the plaintiff had concealed material circumstances which would altogether have altered the prerein policy was void ; and he should further show and, therefore, the how that the plaintiff had misrepresented. in his letter to the broker , facts. The first fact was the lett er w h ich some of the re ceived from O'Dwyer, at St. John, whiche contained this plaintiff had passage :—" We have shipped fo r you, on board the schooner Elizabeth, Spencer master, 3,479 ga ll ons cod gal lons cod blubber, 21 cwt. old junk, £550. oil, 2,400 about the 25 th instant. She is a new vessel. You e ndeavour to save the insurance. Give th ree or four da eau will all depend upon the weather you have at ho ays : it me. ' The object of the parties, therefore, was this, not to insure at all, so long as th ere was a chance o f the Elizabeth com i ng to port. This letter was dated the 24th December, and it came to the hands of Mr. Macintosh on the 14th of January following, by steamer, and it would, therefore, come some what earlier than by a - sailing vessel. Another letter of the same date was written by O'Dwyer to Macintosh, and sent by a sailing vessel, and this was the material part of i t " You can allow her (the Elizabeth) from sixteen to twenty days. You can run a reasonable risk to save the insurance, but all will depend upon the weather you have upon the other side." Mr. Macintosh had not informed the defen dant of these letters, but only given him the information which he had received from :11 r. Oughterson. This last letter came by the Amelia, which sailed on the 30th from St. John, at which time the Elizabeth had sailed three days. The Amelia arrived at Cork on the 19th January, and the plaintiff would receive the letter in Liverpool on the 21st; but there was endorsement upon it which lie (the learned counsel) could not understand, namely, that had it • been re ceived upon the 24th. The fact was it must have been re ceived on the 24th. However, he took till the 26th before any thing was done in relation to the insurance; and, then. having those letters in his hand, he (the learned counsel) should contend that, at the time he effected the insurance, the plaintiff must have had every reason to believe the Eliza beth was a missing ship, but he kept back the information that she would sail about the 25th. Under these circum stances, he should contend that the policy was void, The learned counsel then put in the letters of the 24th December, from O'Dwyer to Macintosh, which he had re ferred to, and the material passages were read. Mr. WORTLEY, in reply, said those letters were confiden tial communications between partner and p ar t ner , an d that they were no evidence of misrepresentation or conceal ment. The JUDGE, in summing up, told the jury, that the party making an insurance was not bound to put an underwriter in possession of his opinions, but facts he certainly must : and he left it to the jury to say, whether the plaintiff had pro perly communicated whin information he had to the under writer. The jury returned a verdict for the plaintiffs, damages £2OO, that being the actual amount which the defendant in sured for. POLICY OF INSDRANCE : QUESTION OF TOTAL LOSS.- HEARNE v. HAY AND ANOTHER. • Mr. Baines and Mr. Watson appeared for the plaintiff; Mr. Wortley and Mr. Crompton for the defendants. The declaration was on a policy of insurance effected on a ship called the Heron, which was wrecked on her voyage from Liverpool to Malta. The plaintiff claimed £2OOO as for a total loss : the defendants pleaded, that it was an average loss of £7OO and no more, and they had paid that amount into court. Mr. BAINES said the plaintiff was an English merchant, residing at Valetta, in the island of Malta, and the vessel in Question, the Heron, was built there in the year 1840. The defendants were two of the Directors of the Forth Ma rine Insurance Company ; and the action was brought to recover as for the total loss. of the Heron on the 19th March last. The Heron had been engaged in five Voyages before she last came from Alexandria to Liverpool ; and on the 12th of January she set out on her voyage from Liverpool to Malta, with a cargo of coals and copper. In con sequence of stress of weather she was obliged to put back to Liverpool; she subsequently made two other attempts to sail, but was obliged to put back by bad weather. On the 14th of March she sailed on the voyage on which she was unfortunately wrecked. The weather almost immediately came on to be very bad ; and on the 13th of March, having in vain attempted to make Kingstown harbour, she was driven into the Bay of Carnarvon, where she became so com plete a wreck that she was unworthy of being repaired, inas much as the expense of it would be greater than the value of the ship after the repairs had been made. He therefore con tended, that he should be entitled to treat her upon the footing of a total loss. He understood the defendant would rely upon a survey, which had subsequently been found to be defective. Some communications were made to the de fendants, and, among others, one of an intention on the part of the shipowner, or those who acted with him, to abandon the vessel. He (Mr. Baines) was not in a condition to prove the notice of abandonment, but he held in his hand a letter from the Co. acknowledging the receipt of that notice ad dressed to Messrs. A., F., and R. Maxwell, the agents of the vessel. In this letter they declined accepting the abandonment, but stated, they had given authority to Mr. Robt. Griffiths, Loyds' agent at Pwjlheli, to survey the wreck. The vessel was got off the place where she had been wrecked, and put upon the patent slip at Carnarvon. Negotiations took place ; some delay followed ; and, there being a difference of opinion between those who had made the calculations upon which the plaintiff relied, and those who had made those on which the defendants relied, the plaintiff determined at once to procure the highest authority he could find in this town. A gentleman of the name of Bayley, who had been concerned in ship building a great part of his life, and had had much to do with the inspection of ships, with two other honourable and respectable gentlemen, Mr. Challoner and Mr. Russell, were sent to the spot. They took a diligent survey of every thing ; they discovered many injuries which had not been observed before ; and they came to an unanimous conclusion that the vessel was one Which no prudent man, supposing him to be uninsured, would think of repairing. If the jury should be satisfied of this, he should be entitled to their ver • diet as for a total loss. The learned counsel cited the case of " Cambridge v. Anderton," on the authority of which he contended, that, under the circumstances, he should be en titled to recover as for a total loss ; and that of " Allan v. Segrew," to show what constitutes a total loss. He con cluded by stating, that, if he established these facts to the satisfaction of the jury, he should be entitled to their verdict for a total loss. Antonio Caracci, captain of the Heron, proved the several puttings back of the ship, and her final wreck, in Carnarvon Bay, on the 19th of March. She was a total wreck : the false keel was lost, the planks were staved in, and the rudder was gone. Cross-examined.—Sold the cargo on the 20th or 21st of March, and told Messrs. Maxwell of it the same day. Did not see the bottom of the vessel till the 23rd or the 24th. Could not swear whether he had or had not paid, on the 24th, that the vessel looked very well, except her bottom. Knew nothing of her being towed afterwards into Carnarvon harbour, because he was sick. Re-examined.—Was sick at that time, in consequence of one of the crew having bit off one of his fingers. James Bayley, Surveyor for the Liverpool Registry of Shipping, said he went, in May last, to Carnarvon, to exa mine the wreck of the Heron. Went by direction of the Committee of the Registry of Shipping, and not by the re quest of Messrs. Maxwell. The witness then described the state of the vessel, and said, that in his opinion, it would have taken more than £l,OOO to repair her. In July he and Mr. Challoner and Mr. Russell made a detailed survey of her, and they agreed that it would take £1,450 to repair her. She was not worth repairing. She was entirely built of Adriatic oak, and was of 230 tons. Cross-examined.—Was not sent down by Messrs. Max well, in order to see if he could not condemn the vessel; but he should infer that that was their object. The vessel was inferior to a British-built vessel of the same kind; but she would be a fast sailer. Mr. Thomas Challoner, shipbuilder, of the firm of Messrs. Challoner and Russell., said he, Mr. Russell, and the last witness examined the ship. She was a complete wreck. Mr. Price was there, and he took part in the measurements. She could not have been repaired for less than £1,450, which would be more than she would be worth after she bad been, repaired. _ _ Cross -examined.—The vessel might certainly have been repaired, but she was not worth it. Mr. 'Wilton Russell gave similar testimony. Mr. Thomas Milcrist, shipbuilder, proved that the prices on which tliG estimate of the ropairs had been founded %VP.; usual and proper. Mr. Peter Cato, shipbuilder, confirmed Mr. Milcrist. The letter from the Forth Company to Messrs: Maxwell was then read and put in : it declined to accept the abandon ment. the fury a i s uL er'oyrdship whether he wa s o f oupon the proposition laid p ro i . s n e wh l o eo s e sit cl hToL t u h l e dy p glaoi askednt t o iff s d loss b if e a worth sli upon p the question couldda f o t w er n t b nh y oe tr h eb i s pe a l ri e er a ps r a n i e ra e d dd f r bf i oe e re n nl d e , ns Is t a h md a e t o,n i ae e ny . d v t a ha s al snao she o h t e a w l of average loss ? The JUDGE.—I think you had better do it on both points. Mr. WORTLEY then addressed the jury on the part of th e underwriters. The only question was, whether the plaintiff was entitled to a total or an average loss, and to enable them to come to a correct conclusion upon that point, he should be obliged to take a short review of the circumstances and to refer to several cases in the books. This vessel was a Maltese vessel, and it was evident that the witnesses looked upon her with contempt, and, no doubt, she was much inferior to a British vessel of the same class. The plaintiff had made a great show of the opinions of Mr. Parry, the agent at Lloyd's, having visited the wreck ; but they had not ventured to call him. There was, from first to last, an evident desire (he did not say an improper desire) on the part of all parties to get rid of her. This was established beyond doubt ; for the Captain, the very day he got ashore, sold the cargo; he had extracted from Mr. Bayley that Messrs. Maxwell were anxious to abandon the vessel. But he contended it would not do for the owners, who had reference to her reputation, and, therefore, would not spend so much money upon her, to treat her as a total loss. He apprehended she could not be considered a total loss, unless it had been proved she was damaged to the extent that she could not be restored to her original quality, and for reasonable purposes. It was ne cessary to constitute a total wreck, that the vessel should be utterly broken up, a mere congeries of planks, but so far from that, it had been proved that the Heron could be repaired and become a ship again. If it remained a ship, it could not be a total loss, for she was so perfect that she was • floated into Carnarvon harbour, and, in order to be inspected, they had actually to take up her planks. The learned coun sel then cited a number of authorities against the principles of total loss. as laid down by Mr. Baines; after which, he suggested. that, if the Jury should find it, was an average and not a total loss, the exact amount should be ascertained out of court. if they found it was a total loss, it was known at once. Mr. BAtNes intimated his assent to this suggestion. Mr. WoterLEr then said a few more words in support of his proposition, that this was not a total loss. It could not be a total loss, because the wreck retained the character of a ship, and it had not been shown she could not be repaired. The JUDGE then directed the Jury. The only question was, 'whether there had been a total or an average loss. If the damage was of a nature that it might have been repaired, it was not a total ; but, if the loss could not be repaired by means which were reasonably within reach of the party who was to repair, it was a total loss. The Jury immediately returned a verdict for the plaintiff for a total loss, for £2,000, including the £7OO paid into court. " CLOSING AS lIE BEGAN." THE CLErac of the COURT — There is only one cause left, No. 79. Is any gentleman instructed in No. 79, " Whitley t 7. Gamble?" The JUDGE—Does any gentleman appear in " Whitley v. Gamble ?" Mr. CROMPTON—There is no plaintiff, my lord. The JUDGE—Then we must end as we began, by striking out.—(Laughter.) " No. 79, Whitley v. Gamble," was then formally struck out ; and the Judge immediately retired. The business of the Assizes closed exactly at a quarter before four o'clock. THE CAUSE LIST. SALFORD HUNDRED. Plaintif-Nos. 2,3, 4,6, 7,8, 9, 11, 12, 14, 15, 17, 20, 21, 22, 24, 25, 27, 28, 30, 31, 32, 34, 36, 37, 38, 39, 40, 47, 52, 57, 58, 64, 65. Defendant.-Nos. 53, 60, 61. Withdrawn.-Nos. 5, 10, 13, 16, 41, 42, 54, 62, 63. .Referred.-Nos. 1, 19, 33, 35, 43, 45, 46, 48, 50, 65, 56, 59. Struck out.-Nos. 44, 49. Nonsuit.-Nos. 18, 23, 51. WEST DERBY HUNDRED. Plaintiff.-Nos.. 1,3, 5,6, 8, 9. 12, 16, 20, 22, 26, 30 , 31 , 33, 47, 48, 50, 51, 53, 54, 59, 61, 63, 6 5, 66 , 6 8 , 7 4 , 75, 81,83, Defendant.-Nos. 2,7, 40, 41, 60, 6 2 , 73. Withdrawn.-Nos. 4, 11, 13, 14, 15, 17, 18, 21, 23, 25, 27, 28, 32, 36, 39, 42, 43, 44, 45, 46, 55, 57, 58, 64 , 67, 6 9, 72, 76, 77, 78, 80, 82. Referred.-Nos. 34, 49. Struck out.-Nos. 8, 25, 29, 35, 37, 33 ' 79 ' Rernanets.-Nos. 19, 70, 71. As a proof of the supposed secrecy which the vote by ballot ensures, one of the Paris papers publishes the names of all the parties who voted for M. Dufaure on the late election for the presidency. A SPLENDID SHIP.--Messrs. Grinnell, Minturn, and Co. have, in these dull times, laid down the timbers of a ship of fourteen hundred and fifty tons, for their Liverpool line. This will be the largest of all the packet -ships, and superior in all respects, so far as it is possible to do better, than the best of what is past.—New York paper. It is confidently reported that Lord Hill, in consequence of the state of his health, has expressed a wish to resign the office of commander-in-chief of the army. We understand that the Duke of Wellington will, on Lord Hill's retire ment, be invited by her Majesty to resume the command of the army. CRITICAL POSITION OF THE DUKE OF SAXE CODURCII. —An Ostend journal gives an account of a critical position in which the Duke of Saxe Coburgh was placed on the 2nd instant, whilst shooting sea-gulls. It appears that the Prince set out at four in the evening in his carriage, to proceed along the strand towards Blackenbergh. Whenever a sea-gull appeared, the carriage stopped, and the prince fired. The The D tide_ was coming in fast, and consequently the carriage was frequently in the water. After one stoppage, a little longer than usual, it was found impossible for the horses to move Veearriage, which had sunk up to the axletrees in the sand. g at a late h prince was obliged to get out, and reached terra firma on the shoulders of the postilion. Additional horses were e u d ke af r t e e t r u s r o n m ed e t t i n me os a t t e i n d d th t e he ca s r a ri m ag e e e w r a e s ni d u ragged out. procured hour. THE ANTI-CORN-LAW LEAGUE RIOTS. MANCHESTER. THURSDAY.—The appearance of things this morning was decidedly of a more alarming nature than before. The dis turbers were on the alert at a very early hour, and a meeting of many thousand people had assembled by half-past five o'clock, in Granby Row Fields. Several of the Chartist leaders got up to address them, but soon after six o'clock the proceedings were suddenly brought to a close, by the in terference of the'civil and military authorities. Sir Charles Shaw led on a body of police and special constables, and a strong body of the Dragoons and Rifles accompanied them. This force halted near Carpenter's Hall, being within sight of the vast assemblage, and immediately afterwards Major- General Sir Wm. Warre, Commander of the Northern Dis trict, (who, with his Aide-de-camp, Captain Fanshaw, of the 12th regiment, had arrived from Chester during the night,) came up with a detachment of the Royal Artillery, and two field pieces. W. Neild, Esq., the major; D. Maude, Esq., police magistrate ; and J. Kershaw, Esq., a borough and county magistrate, who had accompanied this force, here took up a position in front on horseback, and the mayor read the riot act. Previously to reading the riot act, the mayor rode up to the parties on the husting, and stated that the authorities had come to the determination, after what had occurred, to allow no such meeting as this; that they were not averse to the liberties of the subject being employed to the fullest extent consistent with the preservation of the peace, but, after what had occurred, they thought that meet ings of this description were calculated to excite and disturb the public mind. Entertaining this opinion, they held such meetings to be illegal, and were determined to disperse them. This announcement was received with manifestations of great displeasure by the meeting, but the riot act was read in the face of this expression of feeling, and the magistrates with drawing (the two field pieces having been pointed in a direc tion to command the centre of the field) Major-General Sir Wm. Warre put himself at the head of the dragoons, and dashed into the thick of the meeting. This had the effect of very quickly dispersing the assemblage, though we believe no one was hurt by the soldiers. The whole body of military then moved forward to the centre of the field, and the field pieces remained on the spot where the hustings had been erected during the remainder of the day. Effective as this step had been in dispersing.this great as semblage of people, however, it was far from restoring the town to a state of quietude. In fact, about nine o'clock, the whole of the southern part of the borough, including Gar. ratt-road, Brook-street, Oxford-road, Greenheys, &c., pre sented the appearance of a town almost given up to pillage. The shops were generally closed, and bands of from 20 to 50 youths were parading the street, and knocking at the doors of the shops to ask for food. The terrified shopkeepers looked upon the requests as demands, and it is almost un necessary to say, that most of the timid gave money or bread. The limited number of policemen at the disposal of the authorities was quite insufficient to meet such an emer gency. It was impossible to have a strong body of police for every street, and the ill-feeling displayed towards them by the working classes, rendered it unsafe for them to walk about separately, or by two or three only. The consequence has been that during this day the proceedings of the mobs we have described have been felt by the smaller class of shopkeepers as a peculiar hardship. We could mention se veral provision shops—the whole stock of goods in each of which perhaps would not be worth more than a dozen pounds —that had been visited by no less than six or eight gangs of men and boys before twelve o'clock in the day, none of which went away empty-handed. It is needless to say, that some of these shopkeepers, beinc , little able to spare anything, complained bitteriy, and began to entertain notions of re sistance. Some few of the shopkeepers resorted to the ex pedient of taking down the blinds from their windows, to give the house an appearance of being uninhabited, and fur ther added to the deception by the writing " to let" on the shutters. In the mean time, it is due to the authorities to state that they were not idle. A body of 200 pensioners and 90 other persons were sworn in at the Town-hall to act as special constables, making, with 470 special constables sworn in on Wednesday, and a number of workmen who had been sworn in at the different mills, an additional police of about 1,000 men, and strong bodies of these assistants were despatched, in company with parties 'of the regular police, to different parts of the town where it was thought there was the most pressing necessity for their presence. The majority of the manufacturers had not thought it prudent to start their mills this day, but great bodies of men were parading the streets, visiting them in succession, to see that no work was going forward. Messrs. Stirling and l3eckton persisted in working, but a mob broke into a coal-yard behind the mill, in Chep stow-street, about eight o'clock, and commenced throwing stones at the windows, and fearing the destruction of their property, they at length consented to turn out their hands. The turn-out in Salford was again almost general. Rumours were afloat at noon that several policemen had been killed in different parts of the town, but it was impos sible to get very accurate information, and dangerous to seek it in some quarters of the town. A large body of police having taken up a position at the corner of Charles-street, Oxford-road, about twelve o'clock, with a view to protecting the large mills there, and the shopkeepers, a few of them made an attempt to secure a party of men who were demand ing bread at a shop in Clark-street, when a furious attack was made on them by the populace, and it was said that two of them were killed. We saw one of them carried away soon afterwards, in an apparently lifeless state, by a company of the GOth Rifles. An attack was made during the morning on a provision shop in Bridge-street, but the police came up and inter fered, making ten prisoners, who were promptly sent off to the New Bailey prison. The police apprehended another man in Portland-street during the morning, under similar circumstances. FRIDAY.—This morning the whole of Manchester was in a much more pacific state state than it had been since Monday, but the rioting as will be seen was resumed during the day. The placards on the walls announcing meetings of the trades were numerous. Messrs. Wilson and Brothers of the Adelphi print-works, Salford, resumed work this morning, all their hands being taken on. This was speedily made known amongst the rioters; and so early as seven o'clock a large crowd presented themselves at the entrance-gate, Adelphi• street, and de manded that the hands should be turned out. We believe one of the Messrs. Wilson expressed a determination that the mill should not be stopped, and stated that he had a body of police in the yard to protect it. The gates were then closed, and the crowd proceeded to throw stones over the wall. A body of the police rushed out, and drove the crowd back ; most of them then went round to the south side of the building, and hurled showers of stones at the windows, evi dently determined to destroy as much property as they could. The police again made a sally, and drove the crowd away; but, before they had succeeded a private watchman, who had stationed himself at one of the windows inside, discharged a blunderbuss loaded with No. 4 shot, at the legs of the assail ants ; and five of them, we regret to say, were wounded. They were carried off to the Salford Royal Dispensary ; and the mob being thus intimidated, no further violence was attempted, and the works proceeded without interruption up to the hour at which we write. The following are the persons who suffered from the firing of the watchman's blunderbuss. Edward Welch, about 20 years of age, of Griffin -court, Adelphi, was wounded in the right leg, which had been perforated near the knee by about thirty shots. This man was by far the most seriously injured, but it was not apprehended that any fatal result would follow. Wm. Kitchen, a middle-aged man, Dick inson-st., was slightly wounded in one leg, only a few shots having entered it. John Baker, 1.1, Blakeley-street, Manchester; John Arkwright, a middle-aged man, Adelphi ; and Thomas Hayes, a middle aged man, Style-street, Salford, were each slightly wounded in the legs with small shot. Their wounds were promptly attended to by the medical officers of the Dispensary. Several shops and works commenced operations this morn ing, but were soon compelled to stop by the mobs. Nearly all the shops in the midst of the town were closed in conse quence of a recommendation of the magistrates. A body of 400 or 500 men this morning went to Godley station, on the Manchester and Sheffield railway, and insisted on the stop page of all the trains, The superintendent told them he was only a servant of the company's, and had no power, but they threatened to destroy the property of the company unless their demands were complied with, and he was at length compelled to promise that the trains should cease running. The consequence was that only one train left after nine until one o'clock at noon. The one which did start, on arriving at Ashton, was stopped by a body of above 1,500 men, who were on their way to a meeting at Hyde, and who threw stones at the train as it was coming in at the station. The consequence was that it proceeded no further. A strong body of Dragoons arrived about noon, and the trains then commenced running again. At the Oldham junction of the Manchester and Leeds line, a large mob collected and in sisted on the trains stopping. The company made an appli cation for military aid at the Manchester Town-hall; and about ten o'clock Mr. Alderman Walker, county magistrate, went up the line with a detachment of the rifle brigade. They remained there about an hour, and then retired, leaving all quiet. At twelve o'clock another great assemblage col lected at the same place, and threatened to tear up the rails ; but no attempt was made to put the threat into execution, and all the trains arrived at the times at which they were re spectively due. A general meeting of the trades was held at the Carpen ters' Hall, when resolutions of a decidedly political charac ter were passed. The town-council met in the course of the day, and resolved upon sitting every day during the riots, for the purpose of offering every assistance to the authorities. The mobs separated at the close of day, and at midnight the streets resumed almost their wonted quiet. (From our own correspondent.) SATURDAY.—We are glad to have it in our power to report, that the town generally is this morning more tranquil than it has been since the outbroak of the riot. The interruptions to the general tranquility to-day have, hitherto, been slight and few in number. This is doubtless attributable, in some degree, to the very large number of persons who have, with the utmost promtitude, come forward and enrolled them selves as special constables. At the same time, the circum stance that none of the mills, except the Messrs. Birley's and Messrs. Kennedy's, as far as we can learn, have attemp ted to start work to-day, has no doubt led to this temporary lull. As early as half-past seven in the morning, a mob, of the usual character, made an onset on the bricklayers and labou rers employed at the new buildings in Pool Fold, (the same as were attacked yesterday,) and compelled them to cease work. We cannot help thinking that, had anything like a show of resistance been made, so as to gain time to send to the town-hall, only a few yards distant, most or all of the perpetrators of this impudent outrage might have been se cured. Indeed, a detachment of the mounted patrol rode by not five minutes after. At other buildings in the town and neighbourhood, where masons or bricklayers are em ployed (including the new church in the Stretford-road) the same course of intimidation has been successfully practised. Another seditious meeting, under the guise of a meeting of trades' delegates, has been held at the Socialist's Hall, this morning, at eleven o'clock. There was a very crowded attendance. A person whose name we could not learn, but who was said to be the foreman of Mr. Worrall's dye-works, in Salford, was in the chair. There was a great deal of wrangling in the course of the proceedings, but ultimately a a resolution, pledging the men not to return to work till the people's charter was obtained, was carried by about three fourths of the meeting. Though there was much squabbling, we have not heard that any breach of the peace occurred. A small body of the rioters went to the Manchester and Leeds Railway to stop the mechanics employedthere. They were quickly dispersedeby a body of policemen who had been lodged within the station. In the afternoon, the same rail way was visited again, and an attempt was made to stop one of the trains which was going out. The engineer was drag ged off the siding, and the water was let off from the engine by the multitude, so that it became necessary to put out the fire to preve n t the destruction of the machine. Another en gine was promptly hooked to the train, and it was got off in the very face of the people. The turn-outs proceeded from the railway station to St. George's Fields, where, it is said, one of them exclaimed, " Five pounds to the mail who knocks the first brick out of the engine -house !" The police arriving opportunely at the spit, the mob dispersed. The streets of Manchester, on Saturday night, were almost deserted, and the markets and shops presented a very odd appearance when compared with that which they usually ex hibit. The butchers had not killed or brought forward one half the quantity of meat which they generally offer on the Saturday night, being apprehensive, first, that it would not find purchasers, and that it would remain on their hands ; and, next, that it might, probably, be taken from them by violence. Susnny.—Throughout to-day there was not the slightest show of disturbance. Every thing wore an aspect of " Sab bathcalm," and a stranger visiting the town would never have surmised that such outrages as we have described had recently been perpetrated. The streets were quiet, and not in any quarter was there a vestige of disturbance, or e"en a solitary knot of individuals to rouse a suspicion that such a thing was contemplated. A placard was, however, issued, calling a meeting of delegates at the Sherwood Inn, Tib street, on Monday. _ _ A resolution is appended to the above placard, stating, that no person whatever will be hd tn itted to the meeting without furnishing proof that he is really a delegate from the trade to which he belongs. The document is without date, but, as it made its appearance before the public yesterday morning, we presume that is the date intended. ..„.. Notwiths,anding the entire tranquility which prevailed on Sunday, all the peaceably-disposed are full of anxiety for the result of to day, (Tuesday, the 16th insLant,) the anni versary of Peterloo. The only doings announced are the formal opening of the monument to the memory of H unt, in the burial ground of the chapel of the Rev. Joseph Schofield, and a commemorative tea-party which is to take place in the evening. It is feared, however, that, it the Chartists really contemplate any outbreak of a more serious character than those which have already occurred, Tuesday will he the day chosen for the purpose. Considerable apprehensions are also entertained lest there should be some renewal of the dis turbances this morning, (Monday) in consequence of an ex pressed determination on the part of some of the mill owners to go to work, if they can but obtain protection. This, of course, will be afforded to them as far as possible. Some reinforcements of military have already entered the town. On Sunday morning the 58th Regiment of infantry, 700 strong, arrived from Dublin via Liverpool, and the Ist or Grenadier Regiment of Foot Guards, by the Manchester and Birmingham Railway, from London. The same train also brought a troop of the Royal Horse Artillery and two field pieces, with a quantity of ammunition. The regiment first named has been billeted in different parts of the town i the Guards occupy the Infantry Barracks, Regent-road, Salford, and the Artillery are stationed at Bywater's Royal Horse Bazaar, Peter-street. Considerable further reinforcements were expected from the south. The latest particulars connected with these outbreaks will be found in another column, as collected by our reporters up to last night, (Monday.) STOCKPORT. On Wednesday. morning the turn-outs of Ashton, Stayley, Dukinfield, and Hyde, assembled at an early hour, at the latter place, when it was determined to divide into two sec tions (one section went to Mellor Moor, Dinting, Glossop, Tintwistle, and Broadbottom, while the other went to Woodley, Apethorn, Cross Moor, Compstall, New Mills, and Disley). All the cotton mills in the different routes were stopped, without much opposition. The turn-outs occasion ally levied contributions on the shopkeepers, and in some instances, on the mill-owners. We understand they obtained £2 from Mr. George Andrew, of Compstall • and a manu facturer at Broadbottom, hesitating to comply with their re quest, one of the party held before him, in a threatening attitude, a dagger, but was compelled by others of the party to put it up, and the manufacturer having given them a sove reign, they departed. This, we understand, was the only outrage committed by this party on Wednesday. On their return to Hyde, their plan of proceeding for the following day was arranged, it being determined to visit Stockport, in all their strength. The authorities of this town being ap prized of their intentions, early in the week, precautions were adopted to preserve the peace of the borough. 800 or 900 special constables were sworn in, and, it being fully expected that the turn-outs would make their appearance in Stock port on Thursday morning; early on that morning the Altrincham, Dunham Massey, and Tabley troops of Yeo manry Cavalrey arrived in town, and were joined by the. Stockport troop. The unionists commenced an irregular march into Stockport to the number perhaps of 6000 or 8000 men and boys, most of whom were provided with large sticks, which they kept waving over their heads. The first mill they came to was Mr. Jesse Howard's, Newbridge-lane, where they arrived about twelve o'clock. The mill was im mediately stopped at their demand, and the workpeople turned out. From here they proceeded to Portwood, where all the mills were shortly stopped ; the turn-outs levying contribu tions of bread at the various provision shops which they `found open. All the shops and public houses were immedi ately closed on their approach being known. Having left Portwood, they proceeded over Lancashire bridge, and were quickly spread in all the streets in the boroughs. Some of the mills were entered unceremoniously by the mob, and the hands compelled to leave so precipitately as not to be al lowed to put on their clothes. In several instances, where any hesitation was evinced in stopping the mills portions of the mob entered the premises, and pulled the fires from under the boilers, which shortly brought the moving powea to a stand still. Every engine in the town was shortly stopped ; and the hatters, moulders, calico-printers, tailors, and every other trade were soon idle. About one o'clock, the hands employed at Messrs. W. and J. Bradshaw's mill, St. Peter's Gate, were returning to their work, when a crowd assembled in front of the mill, and Mr. James Bradshaw, who stood in the lodge, being requested to turn out the hands, he refused, and expressed his determination to start the engine, when three or four of the crowd immediately pressed in to compel the bands to retire. Mr. Bradshaw immediately closed in the door to detain them prisoners. A yell immediately ran through the crowd, and the lodge door and windows were im mediately smashed in, the prisoners set at liberty, and Mr. J. Bradshaw attacked and most inhumanly beaten ; in fact. it was with some difficulty he escaped with his life. During this others of the mob ran through different rooms of the mill, compelling such hands who had returned to make a speedy exit. About two o'clock, the turn-outs began to as semble on Waterloo-road, where a cart was fixed, and a meeting held. During the meeting, a body of some thousands of the turn outs, who had not joined the meeting, proceeded to the new union workhouse, Shaw Heath, and having forced an entrance, immediately commenced to help themselves to bread and money. No fewer than 672 seven-pound loaves were taken away, and about £7 in copper. Information of this was conveyed to the authorities, and they hastened to the spot with the constables, yeomanry, and infantry, and captured about forty of the parties. Information of the capture was conveyed to the meeting on Waterloo-road, and a determi nation was expressed to go and rescue them at all hazards, and a great portion of the meeting immediately set off upon that errand, though contrary to the wish of the speakers, a deputation from which went to consult the authorities, and request the liberation of the prisoners. On the arrival of the mob on Shaw Heath, they bad a formidable appearance, sticks were waved, and several were observed to be loading pistols. The cavalry was formed, with drawn swords, ready to make a charge, and ,the inflintry.ncl epvcialp worts drawn up in the workhouse yard, ready for action. The mob, how ever, did not risk an attack. On Friday morning, the mob went round the town to see that all the mills were stopped. At the neighbouring places of Norbury and P oynton, on Thursday, about a thousand of the turn-outs assembled to turn out the colliers at these places. The underlooker made some opposition, which was quelled by knocking him down with a bludgenn and other wise ill-using him. They stopped the steam-engine by pull ing out the coals from under it ; and on Friday all the men left the pits. After visiting the factory of Mr. Greg, at Bollington, and setting the men at liberty, they went to the Spinner's Arms, where liquor was demanded and given to them. They also forced their way into provision shops, and helped themselves to what they wanted, and were very abusive. On Saturday, the military was again called out in front of Mr. Orrell's mill, to suppr e s s a mo meeting there. MACCLESFIELD. The first part of the Ashton turn-outs made their appear ance about Beach-bridge, near the entrance of this town and turned off from the Stockp or t roa d, a bout eleven o'clocl: on Friday, towards the Lower Heys factory, where they stopped the steam-engine, and got the hands out without difficulty, Mr. C. Wood having, we believe, left his people at liberty to do as they pleased. They next proceeded to Mr. Clarke's factory, Messrs. Brocklehurst's, Mr. Thorp's, Mr. Whitta ker's, and others, stopping Mr. Warland's factory, Mr. Pearson's, and others. Their numbers increased almost imperceptibly, in consequence of many coming in from dif ferent quarters, and they proceeded through the town to stop the other factories, which they effected completely. The number which ultimately was collected in the streets—in cluding men, women, girls and boys—was very great indeed ; and we hardly think it can be considered an exaggeration to say that there were twenty or thirty thousands. There was, of course, very little difficulty in effecting the object of get ting the silk factories stopped, in consequence of the turn out already existing in the town. They did not, however, confine themselves to the factories, but stopped persons of all trades, that they found at work in their route. The mayor and magistrates had made an early application for a military force, both to the Lord Lieutenant and to the major-general of the district, who is in Manchester, and were engaged during the greater part of the day in swearing in constables ; but it was perhaps fortunate that there was no military force at hand; since, if there had been, it appears to us, that loss of life would have been inevitable. As it was, the actual violence was not great. Of course, it could hardly be considered a mere asking of charity, when men applied for it armed with bludgeons and, unquestionably, many people gave them food unwillingly, and many gave, we believe, who were objects of charity themselves. They entered the differ ent provision shops, and were supplied with provisions. In one instance, at Mr. Burgess's, in Mill-street, we understand that two of his sons were severely beaten and kicked, in con sequence of some resistance, or supposed resistance, to some thing that the crowd wished for. After having stopped the mill in the town they proceeded to Park-green to hold a meeting, after several persons had addressed the assembly a person present stated that a person had said he would give an amount of bread or flour if they would send a delegation to him to explain whai were their objects. He proposed now that a deputation should be sent to him, consisting of six Stockport and two Macclesfield men, which was agreed to, and a deputation was appoined to wait on Mr. Micah Hall, the party in question. It was stated during the meeting that Mr. Hall had agreed to give them £2O worth of flour, and a motion was carried that the Stockport people should have it all. Afterwards, a deputation, consisting of two or three of the speakers, went to Mr. Ilall to get a note of hand from him, that the flour might be given out by some respectable flour dealer in Stock port. Mr. Hall then stated that he had intended that it should be given to the people of Macclesfield ; but if he gave the famishing weavers of Macclesfield a loaf, and they chose to divide it with the people of Stockport, he had no objection to send half to Stockport ; but he would leave it entirely with the committee. A committee was appointed, —one, we be lieve, on the part of Stockport, and another on the part of Macclesfield,—and they went away to determine the point, and it was generally stated that the Stockport people were to have it. A large body of weavers from Stockport proceeded to the factory of Mr. Greg, (late M.P. for. Manchester.) They gutted several shops and houses on their way. Mr. Greg addressed the mob, and stated that he and Mr. Cob den started the Anti-Corn Law League about five years ago. After waiting some time, the parties moved off and exercised their unlicensed privilege of drawing largely on the larders of every farm-house with which they came in contact. Mac clesfield on Friday resumed its wonted quiet. STAFFORDSHIRE. In Staffordshire the turn-out is obstinately prolonged. A party of 14,000 marched through Dudley , on Wednesday, to Wednesburv. 43y the w ay thousands from Bil s t on and the surrounding neighbourhood joined their ranks, some parties having music and flags. On arriving at the ground there could not have been fewer than - 9 5 ,000 men, women, and children. The interest was increased by the arrival of delegates from the Scotch miners, who are now turned out. The troops and Yeomanry were called out, and every pre caution was taken to keep peace. Resolutions were passed pledging the meeting to resist reduction of wages. Some turned-out colliers, who were levying " black mail" in Burslem, on Saturday week, were taken into custo d y. A mob of 400 or 500 were collected in the nei g hb ourhood : they broke open the prison, and lib era t e d those within. w They ino then and h at attacked 0 k e c d l the i e ; t ow and an n -ha llof which th ey b roke the dinn and so me pr i vate houses The military w ere called, were much injured. but they did not arrive till the rioters had left the town and gone towards Loughton. None of thorn were taken into custody. Among the conditions dernauded by the colliers of West brorowieli are, that no man or boy shall go down a pit unless he works a whole day ; that the'truck system shall be aban doned ; and " that none of the men be employed at any of the collieries unless the masters agree to give them four shillings a-day, two quarts of d r i n k per day, and the fire coals every four weeks as before, at nine hours per day, one hour for meal-time. The troops recently arrived in Burslem were removed on Friday morning to Manchester. Soon after their departure a numerous gang of the discontented surrounded the lock up, and demanded the box carried by the liberated prisoners convicted of begging. This was delivered to them, and they immediately proceeded on a mendicity excursion, and be haved extremely insolent to manyof whom they asked alms. The neighbourhood was greatly excited during the day, but fortunately the arrival of fresh troops tended to allay the apprehensions of tumult entertained by the well-disposed in the Pottery districts—a district which is suffering less than any other manufacturing district in the midland or northern counties. BIRMINGHAM. The occurrences in the manufacturing districts have caused considerable excitement in Birmingham, which is, however, tranquil. The following inflammatory placard was posted on the walls of the town on Saturday : "CHARTISTS AND BRITONS " Now is your time! Unfurl the standard of freedom : show your oppressors that you will no longer be trampled upon. Liberty is now within your grasp. If you allow the the present opportunity to slip, it will require the exertions of years to produce such another. Be no longer fools, raised to the highest pitch of enthusiasm one day, and ie next told to observe laws that oppress you, and that, too, by pre tended friends, but who .are in reality the paid tools of a corrupt government. You know 'tivhat are your rights, and that they never will be given you: take them while none can withstand your present and increasing force. If you are oppressed after the present struggle, it is your own fault. The day of small measures is gone by. Let your say be, " LIBERTY OR DEATH !" A letter received in Liverpool yesterday (Monday) morn ing from Birmingham, and part of which was written on Sunday, makes no mention of any outbreak, and we there fore presume there is no prospect of any disturbance here. TURN-OUT IN PRESTON. . (From Saturday's Pilot.) We sincerely regret to state that the turn-out mania has broken out in Preston, but as yesterday was the first period of its appearance, and that in no very formidable form, so we most devoutly hope that the time for reflection which has since transpired may have been so profitably spent by the unfortunate, but still culpably misguided victims, as shall enable them to return at once to a sound and better state of mind. It was the weavers of Messrs. Ainsworth who com menced the disorder, and as we before said, it was the timidly yielding to their idle, empty menaces, which emboldened them to proceed in their reprehensible course of conduct. They first visited all the factories on the west, south-west, • and north-west parts of the town, and finding that their inso lent demands for the stoppage of work at the mills were coma plied with, they hardened themselves in their audacity, and proceeded to other mills in the town, (we believe nearly all, except that of Messrs. Horrocks and Jackson, whiclithey • seemed to have either spared or forgotten .till about six o'clock in the evening) andwcre successful in stopping them : they also made a visit to Mr. Calvert's mill, at Walton, which was attended with the like results. Beside the stop ping of the mills, we believe the damage that ha s b een sus tained by any of the mill-owners to property has been quite inconsiderable ; and as we have got two detachments of the 72d regiment, one from Blackburn and the other from Wigan, we trust that all apprehensions for the peace and safety of the town, may at once be allowed to subside. SATURDAY.—This morning, about seven o'clock, a meet ing of the discontented took place at Chadwick's Orchard, a vacant space near the middle of the town. In a short time the crowd there collected proceeded to the factory of Mr. Francis Seddon, North Road, and called upon the hands to turn out and leave work. The men were averse to this man date, and turned the water-pipes upon the mob, with a view to drive them back. They were, however, overpowered, and compelled to turn out, by the superior numbers of the rioters, who did some damage to the mill, breaking a considerable quantity of glass and a clock. The mob thence proceeded to Mr. Dawson's large mill, in Water-lane, where they broke several windows, and also turned the hands out. Intelli gence of these tumults having reached the police, and it appearing that the rioters were making for the centre of the town, a body of police, unequal in number to meet the emergency by themselves, accompanied by thirty-three soldiers, proceeded along Fishergate and down Lune-street, with a view to suppress the commotion, if possible, before it proceeded further. They met the rioters opposite the new Savings' Bank. Stones and other missiles were copiously thrown at the military and police, in the first instance. Captain Woodford proceeded in front, and was about to seize one of the foremost of the rioters, when he was struck vio lently on the side of the head and knocked down. While he was on the ground a hostile rush was made at him, and he was severely kicked. The police ran up to his rescue, and at the same time endeavoured to drive back the general body of the rioters, who filled the street from side to side in a com pact body. The crowd, thus opposed, fled down the street, but made a stand at the vacant space opposite the Butter' Market, and began to throw stones, which, indeed, fell in showers, and hit many of the soldiers and policemen. One of the former had one of his arms disabled. The protective force dislodged the 'rioters, for the time, from that locality, and pursued them down Wharf-street. There the malecontents, many of whom were striplings and women, collected a large quantity of stones broken for macadamizing, from the depots near the Canal, which they supplied to those who headed the mob. The soldiers and policemen, seeing this, returned up Lune-street, in hopes, by their forbearance, to conciliate the rioters. The latter, however, followed them cloSely up, the boys and women, in particular, supplying them with "ammunition," which was thrown among the police-officers, and soldiers. The mayor made a str ong a tt em pt t o reason with the parties, but with little or no effect. They were again and again told, that, if they did not disperse, they would be fired upon. The Mayor read the Riot Act, during which a stone knocked the document out of his hand. The riot then became most serious and alarming, no attention being paid to the admonitions given. The Mayor, accom panied by John Bairstow, Esq., again went down to the crowd, and endeavoured to reason with them, but was not allowed to be heard, stones continuing to be thrown amidst shouts, threats, and imprecations. At length, not only the lives of the protective force, but the safety of the town being in imminent danger from the tumult, orders were given to the soldiers to fire, and a few shots were, accordingly, dis charged, at about half past eight o'clock. Some of the muskets were first fired over the heads of the crowd, which produced no impression upon them ; others were then fired at or amongst them, and some of the charges took fatal effect. Several persons were wounded. The precise number is not vet ascertained ; but it is stated that eight men were more or less injured, and, it is supposed, four mortally so. One man was shot in the knee. He was taken to the House of Recovery, and it was found necessary immediately to amputate the limb. Five of the wounded are under medical treatment at the Roust of Recovery. They nave all been seriously injured, and doubts are entertained that one of them will recover. There is another considered as having no chance of recovery . that has not been removed from his own dwelling. The fol lowing are the particulars : William Lancaster, aged 23, was wounded by a ball hav ing entered the front of the chest and passed under the fourth rib on the left side. He is not expected to recover. James Roberts, weaver, aged 21, was shot through the arm and one of the bones was fractured : he was also grazed on the chest He is expected to reco ve r. Bryanodson, aged 36, had a ball lodged in his back, where it cannot be extracted. Not likely to recover. John Mercer, aged 27, had a ball shot through the fleshy part of the right arm, through the fifth rib, and passed through the chest, and out at the left side of the spine. No hopes of his recovery. Lawrence Pilling, aged 21, had a ball shot through the knee, which smashed the bone in a frightful manner. Am putation was immediately performed. He is likely to re cover. Barnard M`Namara, aged 17, was shot through the right side of the belly, from which the bowels protruded to a great extent. He is in too dangerous a state to be removed from his own house. He is not expected to recover. The streets were perfectly quiet at eleven at night, and on Sunday nothing unusual took place. Some rifles entered the town on Saturday, and a detachment of rural police ar rived on Sunday. It was expected that the hands would re sume work yesterday (Monday) morning, but whether this expectation will be realised will be seen from the account of our reporter, who left Preston last night, and which will be found elsewhere. SCOTLAND. We have already given a report of the turn-out of the col liers at Airdrie and other places in the neighbourhood of • Glasgow. The military are still stationed there, but their presence seems to be of little avail in restraining the starving depredators. On Monday night a large potato field near Calder, the property of Mr. Lindsay, was completely cleared of its contents ; and on the same day, another field at Ras bush, not more than half a mile from the head-quarters of the military, was severely visited. Indeed, so far as appear ances go, this turn-out would seem to be the most alarming that has ever taken place in the mining districts in the west of Scotland. At a large meeting of the colliers on Saturday last, they resolved unanimously not to return to their em ployment until their " reasonable" demands were complied with; and at three district meetings held on Monday, that resolution was deliberately confirmed. 1% hatever be their pre sent circumstances, the colliers appear to be united and deter mined to continue the strike ; and this resolution, the con duct of the employers at the meeting in Airdrie, where the Sheriff presided, on Friday last, would seem to have con siderably strengthened. At that meeting the facts adduced, and which are now made generally known throughout the mining districts, have tended greatly to excite the sym pathy of the community, and to render the conduct of the masters exceedingly unpopular. One or two of these it will be sufficient to detail ;---The men complained (and as serted that it was a grievance, without exception, in every coal pit in the neighbourhood) that, instead of trying the quality of the contents of their hutches by a riddle, the openings of which should not be more than one inch square, the masters have adopted the use of an article called " a skree," which is generally from eight to ten feet in length, and its bars from one to two and a half inchesapart, through which coals of considerable size are suffered to drop, to the great injury of the profits of the workmen, it being generally understood that the men are not paid for any coals that go through the bars of the skree. In this way they insist they are defrauded not only of the small coals, for which the mas ters get as high as Gs per 30 cwt., but of a great quantity of larger coals that find their way through the article in question. They were also loud in complaint against the truck system, practised by nearly the whole of the master s , the effect of which is to compel the workmen to pay an exorbitant price for their provisions and other necessaries. The men also complained that their pay days had been unnecessarily lengthened from a fortnight to a month, by which means they were kept out of the use of ready money, and compelled to have recourse to the I t d h . e p system . a o n f d ta l k s i . n p g e i r n t p e o r u e s n t d fr fo o r m a l t l h e m o m n e i e n s , masters' stores. Another gr i evance which was pointedly re ferred the red t r o a e w e a f s paid them before the pay day,---even when such wages were fairly earned and wrought for. All the 'furnaces at Calder are extinguished ; there are five out at Dundvvan, eight at Gartsherrie, and two at Chapelhall. The miners have pealed to the shopkeepers for assistance to carry on the strike, (and when it is considered that many of them are altogether dependent upon the colliers for a subsistence, it will not appear wonderful that their appeals are attended to), and in this way considerable sums have been raised ; sums from ss. to £1 are extensively contributed, and one grocer, we are informed, is so involved in the success of the colliers, as to find it in his interest to offer them the loan of Xl5O, to be returned when they got into employment, 'Wednesday, the fields in the vicinity of Airdrie anti Coatbridge were fearfully ravaged, and a greater quantity of this valuable root carried off than on any one occasion since the com mencement of the strike, We deeply regret to state that, on Monday and Tuesday night, serious riots took place amongst the weavers of Dun fermline. It appears that a week or two ago the proprietors of some of the large shops in the town, containing twenty or thirty looms, have seen cause to reduce the wages of their workmen. This the men were much dissatisfied with ; but no serious outbreak took place till Monday night, about ten o'clock, when a large party assembled, paraded the prin cipal streets of the town, put out the lamps, and broke the windows of those who had proved obnoxious to them. From thence they proceeded to their factories, and set on fire the Ipoms in one or two factories, which were consumed, though the flames were extinguished before the buildings were reached. On Tuesday, Mr. Sheriff Monteath went over to Dunfermline, and exerted himself strenuously to preserve the peace of the town, by swearing in special constables, &c. ; but on Tuesday night the riotous assem. blage again appeared, broke more windows, set on fire more looms, and broke into the shop of a man named Scotland, who, besides being a p ar t ner i n one o f t h e fac tories, keeps a grocer and spirit-dealer's shop, gutted his shop threw them into the str e et. We understand rioters ef di t s also the sh er i ff was con d uct i ng one e l the contents,to prison, thatwhenn the mob set upon the emitshies• wo unded several, and res cue d t h e prisoner. It may . be stated also, as a speci men o f the w i ld justice obtairiel un among them, that when they were breaking the windows of one of the inhabitants, under the impression that he was a partner in a factory, he looked out of the window and told them that they were mistakeu, on which the mob immediately