The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1836-08-19 00:00:00

• 6. itself re his- which popish immtr ant of Ird the in was of Iths of v, and land , II lit'► . ell, a rnd it )snit isions olitict; e and 5 con- Lit the yalty, ility• Ithier als of ye al- .MUL- S n our poor 5, half f eco ew of led ill many les of lg the y re- miser after- every t, and hook. nt for be as f No- m ost at re- was a ctent. state• ice of was a ed to ! ennly them rinci- think rit of ni for tricial £5OO [1 law , who to all lig or ) 1 e to , and egar broad- ) and -illl ce, in le in- !ward our‘c n ex- 'baps, filling more d in ns of erk . s I was lould rnaxt, .oved i v ed, pur nglY Prin" !ear. , s ary r the ,d r° 3p oll I not the C 017" Dun vest feel" had inter and ~rig •The 006. aos" ttlef r bis ,nts► r re- the ( oh ; lanY 25° ou ►d ten this s as foll the heir may A trc t;il' 0 1 RV>. , 1); a standing memorial to the next generation of the cripidity;%and inconsistency of the newly .fledged oonncillors...- The above remarks may illustrate, in a -light,degree, the way in which the councillors have re their pledges,,as to their impartiality, their de te44.4011 at creation of places, and their abhorrence of :', , Pqrsions.. Now let us glance at their love of the liberty b f the.p Kes g,, We happen to'know that °fall mortals under the sun, none are's° thin-skinned in this respect as your whigs and radicals. A conservative laughs at the vagaries of the public press,—a whip winces under its lash ; a-con servative lives down calumny,—a whip; prosecutes for libel. Sour crout and nightshade cannot distort the countenance of a Hindoo worse than ridicule and cas tigation do the visages of the liberals. They boast of the power of the press, they fear its power, they toast its liberty,, and . they hate it. Out. of council they raved' about common halls ;—has one of them, since he was in, ever broached the subject? They delight (in profession at least) in public opinion. Installed in. office, they de spise it. When it was suggested that the council cham ber should be enlarged, that the public Might be admit ted, who supported it, or rather who opposed it, incon venience and expense were pleaded, but this was shirk ing the subject. The press had touched a sore place— had shown the public what it had to expect from the seven league speeches of Mr. Samuel Hope—the turgid bombast of Mr. Sulor Blackburn—the senility of Mr. Egerton Smith—the froth of Mr. Shiel, (not of Tippe rary)—and the unseemly scrimmages between Mr. Rath bone and Mr. William Earle, the latter of whom is a gentleman notwithstanding. The public had seen that his worship, like a schoolmaster, had to stand with his Birch to keep order ;—they were disgusted with the ri baldry and nonsense, the egotism and vulgarity of the Majority of the council, and.a general complaint. existed that "the council proceedings were not worth reading.'' Audi being aware of this, honourable, gentlemen keep their mouths pretty,close in council, and the proceedings of that august body are nbw little more than a confirma tion of the reports of committees, the business beingdone within those walls which have no ears, and where re porters mill never. be permitted to hear the squabbling. The select ,clique who used to meet at the Angel, in Dale, street, before they met in the council chamber, probably draw together more harmoniously than before, and the. Public may depend upon, it that they are for the future to know as little as possible of what passes in the Town hall. And this is the state of things in Liverpool ! Wherein then, we ask, are we different from Leicester and other places ? In nothing ! The same arguments which ap ply generally apply to us. The truth is, that men of shallow pretensions have been elected to situations for Which nature has not fitted them ;—they have, in a few months, burthened us and our children with an annual obligation, which must be met ; they have filled our pub lic offices with their own creatures—our police, and our free schools with papists—and they will, if not checked, ride rough-shod over public opinion, and smother the liberty of which they have made so much boast. We trust that every man who blushes for the degradation of his country will arise, and cast off the incubus of a spu rious liberality, and will send, both into our Ideal and national councils, men who are devoted to protestant principles, (for to that we are fast hastening, whether we will now see it or not,) and so arrest the march of ty ranny, abuse, and radicalism, which now pants for the destruction of everything that stands in the way of its own unhallowed desires. LONDON LATEST NEWS. City, Wednesday, Half past One. Consols, 91f for the account. Exchequer Bills remain At 9to 11 premium, and India Bonds are 1 pm. to par. A panic has taken place in Spanish stock, which has fallen two per cent. in the course of the morning; the quotation is now at 29.1 1 for the active stock, at 94 for the passive, and 122 . for the deferred. In Portuguese Bonds also there is a marked depres sion, the quotation being now 72, a fall of 31 per cent. from the opening of the market; the Three per Cents. are at 431. The cape of this decline is not exactly knovin, but it is stated that General Evans has returned to England. The Republican Bonds are heavy at 21 for Colombian and 28 for Mexican. Northern Stock is steady, Russian Bond's are quoted at 11i 112; ; Dutch Five per Cents. ate 1041; and the Two-and-a Half per. Cents. 56. In the Share Market there is little speculation. Stephenson's Brighton Shares, from 61, have receded to 51. per share ; bu Greenwich Shares are firm at 211 per Share. The Great Western Shares are at 371, North Midland are 91, and Anti- Dry Rot 91 per Share. Four o'clock. Consols for Account closed at 914 Spanish Bonds, 28, 3 , 29. Portuguese, 721 73. Chilian, 44 to 45. PROROGATION OF PARLIAMENT The usual orders were this morning issued from the Lord Chamberlain's office for making the necessary preparations for hii Majesty proroguing parliament in person on Saturday next, the 29th instant: The House of Commons, at its rising to night, will adjourn until Friday. A. cabinet council was held at the Foreign Office this morn ing, at one o'clock, when it was understood the King's speech on proroguing parliament was considered, previous to its being submitted to his Majesty for approval at the privy council, Which is summoned to be held at St. James's Palace on Friday next, after the levee, and the council was attended by Lord Melbourne, 'the Marquis of Lansdowne, Earl MintO, Lord Duncannon, Lord Palmerston, Lord J. Russell, Lord Howick, the Chancellor of the Exchequer, Lord Holland, and- Mr. Poulett Thomson. TEXAS. (From the New Orleals Bee of July 2) The steamer Caspian, Captain Read, arrived at a late hour last evening, bearing the intelligence that 7,000 Mexican troops, composed in part of those who were permitted to retire from Texas after the revengeful battle of San Jacinto, and the remainder fresh recruits from Matamoras had taken up their lin e of march upon Texas about the 20th ult., and bad reached the Guadaloupe. Brigadier General Rusk, commander-in chief of the Texan army, having discovered their approach and fearful numbers, had retreated, in order to select a favourable position, in which to receive his blood-thirsty enemies in a manner compatible with their ," honour" and " dignity." We understand that a private letter was received in town by the Caspian, from Natchitoches, confirming the above. Montreal papers to the 13th ult. have arrived. They are filled with election details, the results of which are of the same cheering character as those previously received. '['he num bers returned were as follows :—Conservatives, 41; radicals, 17. The constiutionalists of Upper Canada have nobly done their duty; and Sir F. Head deserves well for his promptitude and determination in setting them so good an example. The Quebec papers state that aboutsoo emigrants had landed there since the previous arrival. SHERIFF'S COURT. Monday a Sheriff's Jury were empannelled at the Court house to assess the damages sustained by the plaintiff in the action "Bean v. Tinley," in which the defendant had suffered judgment to go by default. This action was brought to recover damages for an assaat committed by the defendant upon the Plaintiff on the 7th of May last. The plaintiff is the Editor of the Albion newspaper, published in this town, and defendant a g.entlernan actively engaged in the mouth of April last in the t ortnation of the Liverpool Steam 'rug Company. In conse quence o f a l etter published in the Albion on the 27th of April, (which did tipt contain any libellous matter, nor any thing be yond a fair disquisition upon the probable merits of the coin pany,) the defendant, accompanied by - Mr. Wright, the professional adviser of the company, called on the 7th of May at the plain tiff's office, in Castle -street, and inquired for the plaintiff. They both went into the office at the back of the shop, and, shutting the door after them, Mr. Wright asked for a supplement of the Parer of the previous Monday, and one }mine shown to him, he valled•the plaintiff's attention to the two last paragraphs of the letter alluded to, and inquired the name of the author. The Plaintiff told them he did not know the author's name, but he would show them the manuscript; the plaintiff at the same time obser v i ng that he had exercised his own judgmeut in inserting the letter. Mr. Tinley then said the plaintiff had got himself int o a scrape, on which the plaintiff observed "if he had got into a scrape, he must get out o f it." M r .Ti n l e y, th e d e f en d ant , to this rejoined, "It is bad judgment." Plaintiff, in answer, observed," that s uc h con d uct was very ungent l eman l y; - when ie defendant drew himself up, and asked whether the Plaintiff meant to say his conduct was ungentlemanly ? to which the plaintiff replied, " It is more the conduct of a blackguard than a g,entleman." Mr. Wright then interposed, and endea vouied to keep the defendant froth doin g violence to the plaintiff's person. However, the defendant succeeded in getting away, and struck at the plaintiff with a stnalleane, intending to hit him upon the shoulder, but it hit him on the "seat of honour." This wasthe assault complained of, and for which the plaintiff sought to recover damages. Mr. Wright afterwards put his hat on, and said to the defendant "Let's go." They then went away, the .p l aintiff repeating the term "ungentlema n l y, " as they walked out of the shop. and the defendant retaliatin g by calling him a cow ard. --Mr. Brandt, the defendant's counsel, addressed th e Jury at some length, dwelling with much force upon the trivial natur e of the assault, and the provoking language used by the P la intiff. The learned counsel also contended that the account of the affray given by the plaintiff in the next number of his P a Pec-was sufficient in compensate him, by the extra sale of Paper Papers, for any damage he had sustained. The jury, after two s, deliberation, assessed the damages at one shilling.— Plaintiff's case. Mr u as -• ..ulton acted assessor, and Mr. Knowles conducted the T4EATI; E-ROYAL, During the past week on actor: of a nevr charneter to thPie previously introduced, to the Liverpool public during the pre sent season has appeared on the boards of this theatre, in the person of Mr. Lionel Goldsmid. 11lr. GOldimid, in the' " high lire below stairs" style of acting,whiefhisltii!especial forte, has gained considerable celebrity in London Heeertainly per - forms the "genuine rip" and the '"ll:.;Wiieg i Co'Ve"'in Most in itnitabie,, style. •fl is taTents: a - m,nitici, s and his command of voice to every conceivable modulatOn, we have never seen snrpassed. On Tuesday night the "Robert Macaire" was.gut up with a new cast , of characters,- Mr i Browne taking. the part of Robert Macaire, and Mr. Vale Jagues,Strop. Mr. Browne did not at all appear at home in this chtiraeter. The personation was forced and unnatural, and ditlfiotlyartake of tii,tt,t alertness of appropriation, and fear-nought character, which, are the peculiar characteristics of this expert and desperate thief, the complete personification of which has got,up the. name of this drama under the hands or Mr. T. P. Cooke. The Luce of " The Man and the Tiger," which followed, was one of the best things that has appeared this season. The character of Mr. Splasher, the Man, suited Mr. Browne,, and he played it extremely well. The piquancy of the piece would, however, have been wanting, but for the tiger-like accomnlishrnents of Mr. Goldsmid as Bob Buckskin, the Man's Tiger. • 'the character of mixed and unvarnished shiftiness and jockeyism introduced into the "Tiger" kept the audience in one .continued and almost painful laugh. The song of "Bartholomew Fair," introduced by Mr. Goldsmid, was inimitably snug, producing peals of laughter, and received.an enthusiastic encore. On Wednesday evening the fine drama of "Lucille" was again brought out. There was, however, great want of the character which Mrs. Keeley threw into the part of Lucille, and of the dry humour of Mr. Kee!ey in Izak Schuyp, which part was taken by Mr. Baker—characters which, with the admirable representation of St. Cyr by Mr. Stuart, constitute the main attraction of' the piece. Miss Faucit is an actress of no mean ability, and of a fine figure. Her representations would, however, tell better if she were to strive less for effect and trust more to nature. That, she may feel assured, has a chord which will be responded to by every bosom; the fortner appeals to criticism, (if not to ridicule,) and leaves the feelings which it is the actor's main object to excite—completely dormant. Mr. Lionel Goldsmid, in the character of Jem Bags, in " The Wandering Minstrel," kept up his character, and the house in one continuous laugh. The part of Mrs. Crincum could not hare been in better hands than with Mrs. Clarke. Mr. Vale, of, the Theatre-Royal, Covent garden, is a gentleman of no mean ability, and has been sus taining comic characters during the week. The houses have been tolerably good. LIVERPOOL MUSICAL FESTIVAL. We are glad to hear that the preparations for this grand pro vincial festival are advancing to maturity, and that the lovers of harmony, resident in the good old town and its vicinity, will soon he.put in possession of a prop anztne of the rich treat in store for them." Our Manchester friends have challenged competition, and threatened to " take the shine out of us" on the approach ing occasion. As far as Liverpool is concerned we have no fear of the result; confidently anticipating that the most sanguin e expectations respecting these interesting festivities will be amply realized, and that the anxious solicitude for the entertain ment of the public, manifested by those spirited individuals wha' are entrusted with the preliminary arrangements, will be fully compensated by the satisfactory issue of their labours. We sub join the following extract from a London contemporary, to shew the exclusive attraction which will be furnished at our festi val. " Mendelssohn's new oratorio, Saint feel, is to be performed entire at the Liverpool Festival, and not portions of it only, at the Manchester Festival, as had been said by several of our contemporaries. Sir George Smart, we believe, gave his advice very strongly against performing detatched fragments of this work, which would have been doing great injustice to the com poser, and only acquiesced in the plan of performing the. entire Oratorio at the Liverpool Festival, upon'ascertaining that there was time for its preparation for that Festival. The translation of the poem, and the adaptation-of. the English words to the music, have undergone the revision of a Geman gentleman of well-known literary and musical attainments, who is, besides, an intimate friend of the composer, and well acquainted with the work, of the original performance of which at Dusseldorff he gave a masterly account, a portion of which we extracted from The Musical World, where it appeared. The Oratorio being in the Handelian style, and less complex and elaborate in its score than the music of the modern school, is comparatively easy of performance ; while, on the other hand, the choral parts are to be in rehearsal for some time previous to the Festival. And, be sides the ordinary general rehearsal before the commencement of the performances, there is to be a separate rehearsal devoted to this Oratorio alone. Therei is every reason, therefore, to be lieve, that this noble work will be brought out in a ma nuer wor thy f itself and its author." FINING JURORS.—On Wednesday, in the Nisi Prius Court, on the jury retiring to consult on a verdict in the first cause which came on, it became necessary to impannel another jury, when the following parties, summoned as jurymen, not being present to answer to their names, were fined £5 each :—William Hunter, Thomas Hunsworth, Thomas Bu., n Powey, William Byrom, George Walker, Benjamin Walker, George Dixon, Jonathan Whitworth, Edward Dean Walker, William Adams, William Standish, Samuel Mea. James Hardcastle, Wood Gibson, James Allison, Joseph Eastwood, and Henry Cromp ton. All jurymen summoned, if absent from court run the risk of being thus fined. TRIBUTE OF REseEcT.—Mr. Tyrer, late secretary to the conservative operative association in this town, having been obliged, on account of his business, to relinquish that situation, has been presented by twelve of the members with a handsome silver medal, as a mark of respect and gratitude for his 'indefa tigable exertions in the " good old cause." THE WESLEYAN METHODISTS.—The following ministers have-been appointed by the Conference to officiate in the Li verpool district during the next year :—Liverpool,, North ? (Brunswick Chapel, Ba.) Theophilus Lessey, William Hurt, Edward Price; - James Bogie, Calverly Riley, Wm. 0. Booth, Supernumeraries: Liverpool, South, (Pitt-street, Sce,), James Dixon, Thos. Stead Robert Young; Jas. Anderson, Supernu merary. Liverpool', Welsh, David Williams, Rowland Hughes. [N.B. The Superintendent of the Liverpool South Circuit is airected to afford his counsel and assistance to the Welsh Su perintendent in the general affairs of the Welsh Circuit.] Chester, Jan S. 4%inp, John Straw..Juhn Minis; Isaac Lilly, Supernumerary. Holywell, (English,) J. Knowles, jun., J. Davis, 2d; W. Renshaw. Supernumerary. Bangor, (English,) John E. Coulson, Thos. Fitzgerald. Warrington, William W. Stamp, Edward Jennings; Wm. Jones, Supernumerary. St. Helen's and Prescot, Alex. Hulme, Joseph Sykes. Wigan, Joseph Meek, John D. Julian. Ormskirk and Southport, John Newton, jun. Preston and Chorley, John Fairbourne, John Hannah, .jun., Robert Dugdale. Garstang, Thos. Kempshall, Richard Petch. Lancaster, Thomas Savage, John Sumner, jun. Wrexham. Hugh Carter, George Hughes; James Fussell, Supernumerary. Whitcburch, (Salop,) Thomas Slugg, Levi Waterhouse. JAMES DixoN, Chairman of the District. J. S. STAMP. Financial Secretary. CALEDONIAN SCHOOL.—We have seen a letter addressed to the chaplain of this charity, creditable to the head and heart of the writer, who, still a young man, has attained a respectable station in Liverpool, which he modestly attributes to the edu cation he received in the Caledonian Free School. in support of which he encloses a guinea as his first annual subscription. THE TIMES.--By a new arrangement of the London Times newspaper, that journal is now supplied from 48, Lord-street, at the same price as charged at the office in London, and is furnished to subscrib.rs at the breakfast table, the delivery gra tis.—On the 15th of September the reduction of the newspaper stamp duty takes place, when, we understand that, the prices of the three leading journals, the Times, Herald, and Post, will be five-pence. DEAFNESS CORED.—We invite the attention of our readers to Mr. Gatdner's advertisement in another column. His emi n,:nt success, Mill, no doubt, recommend hint to all who may be afflicted with this unpleasant complaint. We are requested by the proprietors of the Chronicle to state h it the duty paid by them for advertisements inserted in th Chronicle, between the Ist of January, 1835, and 30th Aprite 1836, amounted to £564 3s. Od. EXTENSIVE FIRE. On Tuesday night, about half-past li o'clock, some of the Dock Police discovered that there was a fire in the top room of the warehouse of Messrs. Sands, Hodg son and Co., situated in Lancelot's-hey. The Dock Police carried the information to Mr. Dowling, to the Town Police, and also to Mr. Whitty. Mr. Dowling was on the spot almost immediately. The flames at this time were extending rapidly to the story below. Mr. Dowling directed the attention of the police force in the first instance to securing the books of the office, in which they succeeded, and to keeping back the crowd which had collected. In about ten minutes the engines arrived, and were quickly got into play. Immediately behind the ware house on fire is a bonded warehouse belonging to Messrs. Ewart, Myers, and Co., said to be filled with rum, for the safety of which there were considerable apprehensions. There was also another large warehouse next door. The attention of the fire men was principally directed to confining the tire to the ware house in which it originated, and to preserving the adjoining warehouses. Meantime the fire was descending from floor to floor with great rapidity, and blazing out of the windows, and, from the combustible nature of the goods contained in it, being filled with cotton, was burning with great fury. The warehouse of Messrs. Ewart, Myers. and Co. was broken open, and the hose or one of the engines carried up stairs ; a hole was then made in the roof,-from which the firemen played down on to the fire. Other engines were placed both before and behind the binning warehouse in various directions, and continued playing, the supply of water being generally good. About three o'clock, in the morning, a part of the front wall near the top which bad been left uusupprted, the connecting beams in the interior being burnt through, gradually projected outwards. The people in front were cautioned by this, and kept out of the way; shortly after the whple of the upper front fell forwards into the street. About four o'clock the fire, having descended floor after floor down to the last floor, began to be subdued, and was finally mastered ; this' floor being saved, and the fire confined to the building. Fortunately not any accident occurred. The pro perty on the first floor was all got out, though, as the fire was extinguished beforeit had descended so far, it would not have sustained any material injury,. There were in the upper rooms upwards of 1000 bales of cotton which are valued at £15,000, all of which are destroyed. The goods were insured to their full value, the Royal Exchange Insurance Office being the principal sufferer to the amount of £tiooo. The rest is covered by floating policies, at various offices. The warehouse was the property, we are informed, of Mr. Wade, and was also insured The Duke of Wellington is expected to leave town for Wal mer Castle the latter end of the present week. Lord Stanley is now on his annual trip to Ireland, for the purpose of visiting his estate in the county of Tipperary. The ➢Marchioness of Lansd3wne and Lady Louisa Fitz maurice arrived express from Germany in consequence of the distressing intelligence of the alarming indisposition of the Earl of Kerry. The Marchioness will accompany his lordship and the countess to Lisbon for the improvement of his health. The Prince of Oldenburg, ncphe* of the Emperor of Russia, has deferred his , departure from England until Wednesday next, when he will embark for Rotterdam orHamburgh. The young prince and suite returned to the Clarendon yesterday from a tour of the watering places along the coasts of Sussex and Hants. His Highness paid a short visit to the Duke of Richmond's splendid mansion at Goodwood and dined with his grace there. WARWICK BOROUGH ZILECTION. - Sir Charles Greville, having, owing to ill health, retired from the representation of Warwick, a most active canvass has commenced, in favour of Mr. Canning, a son of the late Right Hon. George Canning. The radicals have brought forward ) Mr. William Hobhouse, a brother of Sir John Cam; but his defeat s ensured.—From a Correspondent. We are happy to state that the electoral lists for this borough which are just completed, are (notwithstanding the inexcusable neglect of various persons, who, in spite of reiterated warnings, have disf ranc hi se d themselves )y omitting to pay their taxes,) extremely favourable to the conservative cause. The number of voter in the parish of Hove, of whom the tier greater portion are, of eA 9 ifrill, conPervatives ; is very greatly increased.--Brigh telt Olitttiffo , LwEßPooi, LIVERPOOL ASSIZES. PRIUS--ThEsnAY SCIIOI.IO Rasp AND ANOTHER.—This was an action brought by. the.Aaiptilf, who is...a wheelwright in Liverpool, against"iiiP Abfi.iiifint, who is a salt merchant' at Anderton, in CheAtirn. , for-£29,.the cost, of repairing a lurry. The defen dants relns'ed pie} uncut on the ground, that the charge .was al most as ''tnocn as the cost of a new lorry. The plaintiff proved tit_.fie ., bad orders to put the lorry in complete repair, and that it was in a sad delapidated state. It was proved for the de fence.that the lorry was worth £lO before It went to' be re paired-, and-that when the repairs were completed, it was only worth 420. Several witnesses were examined for both sides. Mr: Virightman appeared for the plaintiff, and Mr. Ciesswell for the defendant. • The jury found a verdict for the plaintiff, damages £l5. Mr. CRESSWELT„ in addressing , the jtirt 'for the plaintiff, void this was another instance of the facility with whic h pi) 1 icie3 were effected where premiums were to be receive& and the difli eultvjliere was of settling when money was to - he paid by these gentlemen underwriters. The defence set up was, that the no -, .derwriters were deceived in the time of the sailing of the vessel. and that if they - had known this, they would not baye effected the insurance. What difference r'oultl the sailing of.two days earlier make? Gould it make any material difference in . the ._risk worth mentioning? Had it' been during the hurricane months it might, but it was not so. The only evidence affect ing, the case was. that a pa c k e t h a d arr i ve d b e f ore t h e Marga rite, which sailed after her, but of which fact the defendant would be quite as cognizant of as the plaintiff. The fact of the ittsuranee.hring, effected at five times the usual premium was ! suircie n t evi4eiice that risk was apprehended by the defendants. t As to the letters which had been put in, showing the fears of the plaintiff, what had they to do with it? they depended entirely 1 upon the strength of the nerves of the plaintiff. The jury would say whether, having paid this extravagant insurance, when the loss occurred, the plaintiff should not have it made good. His LolinsiiiY, in summing up, said he took it to be the rule that every fact that was within the knowledge of the parties effecting the insurance, and not within the knowledge of the i underwriters, and calculated t o a ff ec t th e j u dgm ent o f a pru d ent 1 underwriter in determining whether he would affect the insur auce or not, or on what terms he would effect it, ought to be .communicated to the underwriter. The question for the jury was, whether this misstatement and conceabient had been made, and whether this misstatement and concealment were material; if they found this to be the case there was no question the ver dict must be for the defendant, if not, for the plaintiff, and there was no question as to the amount. The jury expressed a wish to retire, and after an absence of an hour and a half returned with a verdict for the defendant. FAIRENS AND ANOTHER V. DALE. Mr. Creswell and Mr. Crompton appeared for the plaintiff, and Messrs. Alexander and Wightman for the defendant. The declaration stated that the plaintiffs chartered a vessel, "the Partizan", belonging to the defend an t s t o ta k e ou t a car go of coals to Montreal, and to bring back a full and complete cargo of lawful merchandise, for which the defendants were to receive the lump sum of £7OO. Mr. CRESWELL opened the pleadings. The facts of the case were, the ship had proceeded to Montreal, and the plaintiffs not being able to obtain sufficient cargo there, had chartered the vessel to other parties to receive so much per ton. It was a matter of importance to the plaintiffs to get as much cargo as possible, and to the defendants to make the voyage as quick as they could; for whether the vessel was full or not, they could receive the same sum. It would be proved that the captain had abundant opportuni ties of selecting timber for well loading his ship. He under stood for the defence it was to be urged that, the captain had not the opportunity of genial. good shaped timber for stowing. In answer to that it would be proved that there was an abun, dant supply of timber out of which the captain might choose. The plaintiffs had a right of superintending the, stowage. No notice was given to them of th e ti me th e vessel was began to be filled until the ship was half full, and then they found that the vessel had been loaded in a manner which was there styled by the sailors; "blowing her up," They applied to the 'captain to have to vessel unloaded and re-stowed, but which he refused to allow. In consequence, the vessel arrived at Liverpool with but two hundred loads of timber On board, and it would be proved that the same vessel had brought two hundred and eighty'and three hnndred loads of timber. The freight per load was £35, so that the loss of the defendents would easily be made out. • - The depositions of various witnesses taken. by commission at Montreal hearing' on the above facts were then read over. A number of Witnesses were also called as to the custom of load in r_, and th e mo d e o f measur i ng ti m b er i n this trade. For: the defence it`was contended that, the plaintiffs could not but have known that the vessel was commenced to be loaded, for they must have .given notice of it at the Custom-house. That the vessel was stowed by proper and efficient officers, the captain and mate looking properly after them, and the timber was fairly squared. To prove this, and that the timber could not have been chosen otherwise than it was, a number of wit nesses were examined. • The cause occupied upwards of six hours. HiS lordship summed up the evidence with considerable care. The jury found a verdict for the defendant. The court was adjourned at six o'clock. NISI PRIUS.-THURSDAY. RHODES AND OTHERS V. BURMISTER AND ANOTHER. TRICKS UPON TRAVELLERS.-Mr. Cresswell appeared for the plaintiffs, and Mr. Alexander for the defence. The plaintiffs in this case are wine merchants at Huddersfield, in Yorkshire, and the defendants wholesale wine merchants in London. The plaintiff, Mr. Rhodes; sen., met a Mr. Willets, a traveller of the defendants, in October, 1835, at Manchester, who entered into a contract to supply the plaintiffs with 20 pipes of port wine of a peculiar fine quality, to be forwarded in March, 1836, and to be paid for on a draft at twelve months. The de fendants had failed in fulfilling this contract, having sent a part of the wines inferior to the sale sample which was shown to the traveller by Mr. Rhodes, the traveller engaging to supply the same . quality of wine at £42 p er pi pe . Th e d e f en d ants failing to do this, the plaintiffs brought their action to recover £5OO damages, which was alleged to be their loss front the non-supply of the wine. Thomas Stone deposed to being a traveller for the house of Messrs. Prestwich and Co., wine merchants of London. He was present when the contract was made between Messrs. Bur mister's traveller and Mr. Rhodes. He tasted the sample of wine produced by Mr. Rhodes, and was of opinion it was worth £54 or £55 a pipe. Wine rose in value £2 or £3 a pipe a month or two afterwards. Cross-examined.—Mr. Rhodes had offered to purchase wine of hint if he had any of a fine quality equal to his sample. He had no samples, however, equal to his. He had samples rang ing to £4B per pipe. Robert Houghty deposed to being book-keeper with plaintiffs. He remembered the, plaintiffs purchasing some wine of Alessis.: Heythorn, of London. It was two pipes of port, to be the best that Portugal could. produce. It was a sample of this wine whiCh Mr. Rhodes took with him to Manchester. The contract was put in and read, and also a number of let ters relating to it. Cross-examined,-The wine was Kopke's Roriz's port, and was a partiCular fine wine. A letter was put in. by the plaintiffs from the defendants, of fering to refer, the case to arbitration. Another letter was read in answer to this front Messsrs..Ta combe and Tindall, solicitors, of Huddersfield, to the effect that, understanding that it was impossible for the defendants to fur nish any wine equal to the sample wine, according to their con tract, and Messrs.. Rhodes having sold that quality of wine readily at £ll5 per pipe, they should hold the defendants by their' contract for the amount of damage they had received. They were willing to receive £5OO as compensation, but if this was not agreed to, requiring the defendants to send the name of their solicitor, that they might serve them with the necessary process. . Mr. John Wilson, manager of the bank at Huddersfield, de• posed to being written to by defendants, inquiring the respecta bility of the plaintiffs, as they had entered probably into an engagement with them in business amounting to £lOOO, at 12 months' credit.. His reply was, that they were fit to be trusted. Mr. Butterfield Colton, wine merchant, of Liverpool, deposed to having tasted the wine of Messrs. Rh o d es, an d to its b e i ng worth about £54 or £56. in March last. Cross-examined.--Old wines had increased in value the last few months £2 or,£3 per pipe. Richard Wortnald deposed to being traveller for Messrs. Heythorn, wine merchants, of London. H e remem b ere d t h e i r house supplying some of Kopke's wine to Messrs. Rhodes. He considered the value of that wine to be £6O per pipe in March last. _ _ Cross-examined.—Parties purchasing wine at £6O per pipe were not very numerous. It was his opinion, however, that such wine ought to be drunk, f or fi ne w i ne was physically be neficial to all men, if they could get it. He did not mean physic y. Mr. Glazebrook deposed to being an importer of wine in Liverpool. He had tasted Mr. Rhodes' wine, and in his opinion, in March last, it was worth about 58 or £6O per pipe. Mr. ALEXANDER, its addressing the jury for the defendant, contended, that, in the bargain between Mr. Rhodes, and Mr. Willets, the traveller, Mr. Rhodes had concealed from him that it was Roriz's wine, and that he had previously found a traveller unable to equal it at £4B per pipe, and that this bar gain for the wine at £42 a pipe to equal "the finest wine that Portugal could produce," was a species of overreaching, and a trick upon Messrs. Burmester's traveller. That Messrs. Jacomlie and Tindal's letter bore this out, for they claimed £5OO com pensation, whereas, their own witnesses had proved the damage to be only £240. He called— - James William Willetts, the traveller for Messrs Burmister, who male the contract. He had been traveller for the defend ants sixteen years. In October last, he made the contract with Mr. Rhodes, in question. The sample of Mr. Rhodes, which he tasted, was what they called a nullaye sample; it was in a bottle half full. It was more difficult to form a judgment of the wine in that state ; such sample was likely to be inferior. After he had made the bargain, next morning he agreed with Mr. Rhodes to send two pipes first as a sample. Mr. Rhodes did not tell him what description of wine it was, or by whom it w as imported. The wine which he had contracted to furnish was sent for to Portugal. There was a slight difference in the age of the two wines, but the qualities were the same. Mr. Matthew Clarke, bad been a wine and spirit-mer chant, in London, for twenty five years. He had tasted Messrs. Rhodes' wine. It was very fine old wine, but its fare well flavour was exceedingly rough. In his opinion, supposing it to be Roriz's wine, it would fetch in the market, from fifty to fifty-five guineas. He bad tasted the wine sent for by Messrs. Burmister, and he considered it a very excellent wine at £42 perpipe, and that it did the shippers credit. Roriz's wine was a bonded heavy wine and not much in demand, it was used prin cipally for mixing: Mr. John Wild, wine and spirit-merchant, of London, had tasted both the wines. One was an old and matured wine with Roriz's flavour, the other (the defendant's) was 'a much younger and sweeter wine. Messrs. Rhodes' wine was worth £M per pipe. The other wine was a very excellent wine at £42. Mr. Preston, of ,Liverpool, vine-merchant gave similar tes.: timony. Mr. CaEswELL,' in - reply, designated this action to have arisen from an act of meanness on the part of the defendants not to fulfil a contract, which it turned out was not advanta geous to them, and that so far from any over-reaching, the traveller who had made the contract with Mr. Rhodes was an old and experienced traveller, likely to have his eyes open. He designated the evidence of the traveller as shuffling. His LoRDHIP in summing up, .regretted that such a tone of asperity had been introduced into the cause, particularly by the plaintiffs. He thought the term `• meanness" not warranted, - and "shuffling witness" ought not to have been applied. The witness had given his evidence fairly and was in the protection of the court. The defendants pleaded that they were quite ready to fulfil the contract by seeding other wine, but com plained that reasonable time had not been allowed to them to do so before the action was brought. This was a question for the jury. The damages would be what the difference was in March last between £42 and the price of the sample wine. Mr. CitEssivELL begged to withdraw the expressions alluded to by his Lordship. • ' The jury after a short consultation found a verdict for the plaintiff. ' Damages, £2OO. 13A1,LING V. MORGAN. Mr. Wightman appeared fur t oe plaintiff, and Mr. Cresswell for the defence. This was an action bronkht'fo recover a sum of money due by the defendant to' the :plaintiff fur work done, to which the defendant pleaded,,a set off.. The plaintiff in this'ease Was a master mariner, and the de fendant was the owner'of a schooner called the exquisite. The plaintiff took the vessel to Lima„ where he was instructed to sell it, but if he'could - tot 'do 'so advantageously he was to bring back a cargo.of specie. The plaintiff not succeeding in selling the vessel shipped a cargo of specie. Captain Wiling whilst there, had an over of a hundred dollars per month, which being a higher rate than lie then received, he had a right, if he chose, to accept. Afterwards the same rate was agreed to be given to the captain, owing to the shippers of the freight not being wil ling to entrust their cargo with another captain. The captain's demand would be for the amount of his wages at this rate. The mate Of the vessel. Thomas Hicks, was called to prove 7 that the captain had•paid for various items of expenditure, but .He deposed th.tt about £8 per month would be enough stiary for the ca.ptain fOr the time they were put. On his cross examination lie disposed to the captain having appropriated .abouf 3;.r.dollars to hii own use, and also to his selling about £l2O Woriff of iron, which he had notaccounted for, but which *P . VOID ised to give account of to the owner in balancing. His Lot, Dsti IP here said that the plaintiff, e had • only proved £lO-i, the value of his services ; and as a c 4 - if it was admitted that he had taken £l2O, and about 300 d Mr. WIG HTMAN had no further evider The jury here expreSs6d, themselves wrfeetly satisfied, and returned a verdict for the defendant. BAIRD +. MACKENZIE. Mr. Alexander and Mr. Venahies for. the plaintiff, and Mr. Cresswell and Mr. Coltman for the defendant. This was an action brought to recover a balance. of £lOO odd from the defendant, who is a contractor on the Great Junction Railway, for work done by. the plaintiff, who is an excavator, engaged by. the defendant to do the work on the line. , A great number of witnesses were examined, and there was much con flicting testimony as to the measurement of ,the 'Work done by the defendant,. and the consequent valuation. The plaintiff bringing evidence that £lO5 was due to him, and the defendant's witnesses showing than an item of £l2 was only due, which was paid into court. A multitude of accounts were Produced and read. His LORDSHIP summed up with great care. The case occupied altogether several hours. The jury expressed a wish to retire. The court was then adjourned, at half-past- six o'clock, his Lordship saving that he would take the verdict at his lodgings. After an absence of an hour, the jury found a verdict for the defendant. _ TO THE EDITOR OF THE LIVERPOOL STANDARD. Sir.—l have perused a small pamphlet, addressed to our " re forming" Town Council, on " Female Prostitution," deserving of their most serious and prompt attention. It . points out a course which is, ill my opinion, as far as it goes, a very judicious one; and I well remember "one" of our late " mayors" having something of the same kind i❑ view; and in the efforts to organize a day and night police, (before the present one was thought of,) he intended to have the police to live in their " beat," thereby become acquainted with the several inhabitants, and then he could with more certainty lay the information, agreeably to act of parliament, in, order to put a stop to such flagrant evils. It seems that the magistrates have greater power than they choose to exert.—Yours, &c. August 15111, 1836. TO THE EDITOR OF THE LIVERPOOL ST.INDARD. SIR,—In the STANDARD of last Friday, I perceive souse re marks from a correspondent, taking cognizance of a nuisance of a most flagrant and abominable character; and to which, in continuation, I beg leave to call the attention of the Town Council and the inhabitants of Liverpool. Conscientiously impressed, as I am, as to the injurious ten dency of chemical manufactories in reference to public health, I hesitate not to avow the conviction in the hope that the local auttiotities, uninfluenced by favour or fear, may be induced to consider it morally incumbent upon them to institute an Inves tigation, in order that the proprietors may be civilly, obliged to adopt such precautions as may tend to counteract or palliate those grievances of which I, in common with thousands, have to complain. It is surprising that the establishment of such works in the bosom of the population should have been originally permitted, and still more astonishing that their existence should be per petuated amidst so much wealth and enterprise. It indicates the most culpable indifference to the public welfare' on the part of those who have any power to mitigate the inconvenience thus to allow the progressive increase of the nuisance. If a na tional' medical police had been organised, there would have been a legitimate check upon these deleterious operations; but, in the absence of such an institution, the evil, as it exists, must be remedied by such chemical and mechanical improvements as can be devised. Property is, no doubt, depreciated in va lue, in many situations, owing to the effluvia arising from these works; but there is a still more important consider ation than vested interests, which demands the interference of the public—the question of life and health must claim precedence over every other feeling in the mind of every honest citizen. The major part of the people of Liver pool must have been eyewitnesses to the blighted aspect which vegetation wears in the neighbourhood of manufactories from which noxious principles are evolved, and they must naturally have inferred that, if the growth and health of vegetables be thus affected, the functions of animal life must be liable to a corresponding languor and derangement. The nuisances in the northern part of the town are so varied and so numerous, that to compensate the proprietors for their removal would only unnecessarily add to our local burdens; but the respectability, health, and character of the town obviously demand the surer vision of the authorities, and especially since resources are in the power of the owners calculated to mitigate the evils. Suits instituted in the Common Pleas have led to many important im provements, such as the general construction of furnaces, &c. Brunton secured a patent for a furnace which revolved on its axis, as the best means of decomposing smoke. But the most important and, as yet, effective improvement is, the adaptation of wide lofty chimneys iu a ratio proportionate to the consump tion of coal, so that by the gradual ascent through capacious outlets the grosser parts of carbon are precipitated, and these is not that accelerated propulsion which hurries forwards such torrents of dense matter as at present deluge the neighbourhood. The effluvia from many of the processes carried on, such as fer mentation, the escape of waste liquids, &c., however offensive, exert little apparent morbid influence on the system ; but it is to the more outrageous nuisance of acid vapour, that I feel it to be my public duty to call particular attention, since all must equally suffer from its noisome effects. An inquiry into such a deterioration from the healthy constitution of the atmosphere as abridges the comfort of people's homes, and strips the bloom from their children's cheeks, cast spring from no feeling of pri vate resentment, but rather from a sense of aggravated public injury. - The proprietors must be sensible how obnoxious these sulpliureous acid vapours render the vicinity, and how impera tive it has become to adtipt every 'precaution that science and mechanism can suggest, for ameliorating the evil so bitterly complained against. I have often wondered at the profuse and absolute waste of acid vapour, which takes place in some of these manufactories; but I find in this fact a sufficient expla nation why the article should be 25 per cent. dearer in En gland than on the Continent. In France, for instance,. these works would be suspended as soon as they were found to Justify complaint. It hat occurred to me that an additional chamber for the diffusion of the disengaged gases would .provide for their better absorption, or pipes, containing water, over which the vapours might be made to pass before their final exit, to facilitate their neutralisation. The expert meuts instituted on vegetables fully she w that this gase ous vapour is most pernicious; while, to animals it is still more so—being, in a concentrated state, totally irresoirab e, creating intense spasmodic agony and speedy asphyxia. In a state of greater dilution, it occasions suffocating cough, acutely painful and convulsive sensations, &c. ; while the more gene , al diffusion of this fluid proves injurious to the health by excising pungent smarting of the nostrils, irritation of the eves, headache, strictured feeling of the chest, painful coughing, and general derangement. I shall not now enlarge upon the consequences of the constant inhalation of these vapours. 1 trust that the owners of these works will cheerfully use means to alleviate the evil, and so, ultimately, add to their already large profits.—l ant, &c, C. DUNDAS MITCHELL. North Dispensary. THE EUPHRATES EXPEDITION ( From a Letter, dated ✓lnnate, on the Euphrates, May 28, in the Literary Gazette.) The navigation of the river was carried on in the upper and more difficult part by sending boats forward one day's journey, whose duty it was to sound and survey at the same time, always returning pilots to both steamers ; bul,'from the Castle of Era bar, below Balis, this system was discontinued on account of the great increase of facilities which the ricer offered to navigation. The Tigris, which drew one foot less of water than the Eu phrates, used, from the time we started together, to hold prece dence ' - while the diving-bell and flat boats were alway s sen t o ff some hours previous to our starting. Under this happy organiz ation the navigation and survey of the river were both carried on at the same time with greater dispatch, and su ffi c i en t ac curacy of detail, and the towns of Deir, Abou Serai, Maver thein, were made places of friendly visitation, and the interest ing sites of Thapsacus, Dacca, Zenohia, Cercusium, and Sala hiyat were examined; and, until the 21st of M a y, not an inci dent had occurred to throw a film upon the enthusiasm which dwelt in every bosom, or over the excitement of a first naviga tion of a splendid river, passing through a country so little known. On the day above mentioned the two steamers had left a wood station near Salahiyat early in the morning, and proceeded in the usual order of succession down the river. Near mid day the Euphrates approached the Tigris, where the commander of the expedition had, for the time being, taken up his abode to an nounce that her supply of wood was nearly exhausted. A few minutes afterwards some wood was observed piled upon the ri ver's banks in the neighbourhood of an Arab village, and the steamers were brought round to try and make a purchase. This was accordingly effected; the Arabs were found willing; and in the interim of shipping the wood the crew had their dinners. It was about two o'clock when we again started in our course, the Tigris as usual leading the way. We had scarcely attained the second reach from our wood station—the cliffs and ruined cas tles of Cersate and Esra were before us—when a dense black cloud was observed moving across the dessert, f. urn the west north:west, and advancing in the teeth of the wind; as it ap proached it was found to consist in its base of huge lurid brown red coloured masses of dust, which succeeded one another rapid ly, breasting the wind in their onward progress and rising to a great height. [Then follows an account of the loss of the Tigris; and the letter writer continues-1 An accident of this kind gave an opportunity for the display of much of that steadiness of conduct which is almost a national characteristic. There was no anxious hurry; no precipitate acts, loud acclamations, or unnerved despondency. Every little act of duty was performed with alacrity and c heerfulness; ,i. and there was, throughout, that self-possession andi„n/Ideepaithity all _evil, was mani fested, which takes away even from the hor , r i o a r not A forgotten, rgot Almighty ten, i r ie d o i sfpseonmsearnoyf o a f l all ourgoo'id.ol. companions had been • Mussulinans, assembledat divine taken away in a far off land, on a Saturday. On the next day, Maltese, and even some ser vice, when that beautiful and cheering portion of the Epistle of St. Paul to the Corinthians, which has been introd uce d into our burial service, was read by 'Captain Estcourt. The next day, having descended the river lower down, we were enabled to pay the last attentions to Mr. Saaler; and, in the evening, the body of Moore floated up to the steamer. It was the same thing at Anara ; and this almost momentary renewal of these melan choly scenes placed our commander, who has always risen in energy with every great difficulty, under most trying circum stances, which have, indeed, occasioned no small portion of regret to us all. It will be observed, that this disaatrous accident has no more reference to the question of the navigation of the Euphrates than the loss of a steamer in the Long Reach of Gvvesend would have with the navigability of the Thames. With the exception of this event, the navigation of the Euphrates had commenced u n d er th e b es t auspices, and was going on most favourably. Deposits of lignite coal have been ascertained; wood abounds on the banks; nothing is wanted to propel the vessels which the country does not furnish at the most trifling [expense. The Arabs have been courteous, civil, and well intentioned, although not to be trusted by solitary travellers. The officers and crew here enjoy a degree of un interrupted health, which was previously unknown among us; and the warraest feeting of friendship cemented the little band. • The survivors of the loss of the Tigris are ou the way houie; the expeditionists who still remain with the Euphrates are yet full of confidence and hope. Nothing, indeed, at this season of the year can be more clear or evident than the free and facile navigation of ." the Great River." It would. then, be an .in justice, of which I hope our country is incapable, to decide l i ge e prematurely upon a question yet in abeyance ; " it w h o' in the ungrateful to the commander, who has suffered so muc cause which he has espoused, in any way to interfere su pre vent the happy remuneration of his labours in e content, which has made its way through a rough d an rude spring, full of clouds and rain. mmwero :iv of M .General Saint Just, killed at Malaga, was the nepbet Saint Just, a celebrated member of the French Couventtion.-- , Dutch•paper. ELAND AND OTHERS V. GOFF This 'was an. action brought by the plaintiff; who is a wine and spirit merchant in Liverpool,_against the defendant, who is the captain of the Prince Llewe4n steam-btiat, which Makes trips between Liverpool and Wales, for £2-1, the cost of plain tiff's bill for sut - iplying the defendant's ship with spirits and porter. The action was brought against the captain, the profit made by the sale of litluots being the perquisites of the. captain Mr. Cresswell defended the case, and Mr. Wightmau ap peared for the plaintiff.' The plaintiffs failed in proving to whom the goods had. been delivered, and consequently . a verdict was given for the de fendants.' M c COY V. GLASOCITT AND OTHERS. Mr. Cresswell and Mr. Crompton appeared for the plaintiff, and the Attorney-General for the defence. This was an action brought to recover the balance of £l5. 14s. 2d. on a debt due by the defendants, who are marine store-keepers in London, and carry on business in Liverpool by itti agent named Stoneham. The plaintiffs were dealers in cop per in Liverpool, and had sold a large quantity of old copper to the defendants at the rate of 81d. per lb., amounting altogether to £51.195. 10d., for whi c h £25 w a s pai d on account. For the defence it was set up that a quantity of this copper was bra ziery, and of inferior value, and on that account , defendants re fused to pay the plaintiff's bill. The plaintiff proved that he had paid Bd. per lb. for the capper sold to the defendants, and that all the profit he got was one farthing per lb., for which he had the trouble and expense of purchasing, carting, and giving cre dit; and the total profit on this sum obtained by defendant was only El. Bs. The defendants had since the action was brought paid into court £7B, which was the debt and law expenses, but that 'a balance of 1;15 was still due to the plaintiff. The case occupied a considerable time, a number of witnesses being ex amined to prove that a distinction was made in the price of old copper and braziery. There was considerable variation in the evidence, some of the witnesses not before having heard of the term " braziery." The jury found a verdict for the plaintiff, damages £15.45.2d. BROWN V. LEDDINGTON. _ . In this case a verdict was taken by consent for the plaintiff Damages, ..£2l FOULKS, GENTLEMAN V. MERCER. In this case Mr. Foulkes, solicitor, of Manchester, i§ and Mr. William Mercer, defendant. This was an action to recover the amount of a bill due to the plaintiff for conducting an assault cause for the defendant at the Court of Common Pleas, at Lancaster. The hill had..treen de livered in September, 1835, and amounted to .453 195.,2d. The defendant 'had repeatedly promised to pay. The presentatien of the bill and the debt were proved. , The cause was undefended., verdict The jury, by his lordship's direction, found a for the plaintiff—. Damages, £53 19s. 24. '..uo no 1,19 i ' GREGORY V. WARD. . 7 1'+ ‘ .,.7, ,! i i Mr. Cresswell and Mr. Wightman appeare d for the plaintiff, and .Mr, Alexander for the defence. The plaintiff in this case complained that the defendant hav ing possession of some scaffolding timber of his converted it to, his own use. The facts of the case were these :— ! The plaintiff and defendant were both very young men, and.had served their apprenticeship together. The plaintiff resided at rOrmskirk, and was attempting to establish himself as a bricklayer theie. The defendant lived at Southport, and was a joiner. The de fendant undertook to build some. houses at Southport, and was desirous of employing the plaintiff. The plaintiff, for that, pur pose, removed with his scaffolding to Southport. It appeared that the plaintiff and defendant then quarrelled, and the plain tiff sent for his scaffolding timber, and defendant said, " No, he shan't have it; if he dares to set a foot on nay property I will bring an action against him." It was true that the defendant would have had a right of action for trespass if the plaintiff had gone on his premises, but be had rendered himself liable to an action for converting this scaffolding to his own use. The value of the scaffolding was £7 or ES. For the defence it was urged that the plaintiff and his brother had a dispute which should possess the scaffolding after it was erected by the plain tiff opposite the defendant's house, the father having given it. to one of the brothers, and that the two brothers had a race, along With their men, to obtain possession, and finally a fight, when defendant ordered. both off his premises; 'the result of which was, that the plaintifrs brother got possession of and kept the scaffolding, for whiCh the plaintiff brought an action against the defendant as • keeping possession. Witnesses were called on both sides to prove this. His lordship, in addressing the jury, said it was entirely a question of credibility of the several wit nesses. The jury found a verdict for the defendant. EATON V. BAXTER AND OTHERS. FALSE IMPRISONMENT. Mr. Alexander and gr. Tomlinson appeared for the plaintiff, and Mr. Cressviell for the defence. The declaration stated, that this was an action brought for assault and battery, and keeping the plaintiff in false impri sonineat for several hours, and bringing him handcuffed through the 'Streets of Pr'eSCot; Mr. ALIiXAN DER, in opening the case, designated this a most wanton attack on the liberty of the subject. The plaintiff, Mr. Eaton, was an -accountant's clerk in Prescot. On the evening of, the 4th of ,fuly,-the plaintiff was assisting person of the name of Parkinson, wh o is an innkeepor at Prescot, in settling,. his tieetinnts, And lb bottling some porter. He been work ing all day, ; uni was lying on the settle fast asleep, and there were several other persons in the room, when five persons, three of whom were constables,' entered for the purpose of taking Parkinsoninto custody for an assault. After.,scirne resistance on the part of Parkinson, he was taken into ,eu,stoily ;, after which their iblzedihe plaintiff, who was dying' `asleep; and to o k ,hirn aw g ay,,alon with another person named - JOnes, to the dun geon of the town, a place where there was no window and no chair; and with"nothiug but some 'straw on" the door. They were kept there till next day at eleven o'clock, when, they were handcuffed together, and taken through the. public streets be fore the magistrates. The plaintiff was then kept in a public room till five o'clock waiting tO be brought betore the magi strates, when one of the defendants named Webster. Caine to him, and told him he might go, as they had no evidence against him ; they found he had been asleep. The plaintiff went away, and now brought this action to recover compensation for the gross injury he had received. Witnesses were called for the plaintiff who proved that the plaintiff had been imprisoned as stated. A witness named Jones, on his cross-examination, admitted that he was present in the public room on the night in question, and that when the constables came the candles were blown out, and one of the constables was severely beaten. He himself was fined 40s. Whilst the examination of the witnesses was proceeding Mr. Alexander, in reply to a question from his lordship, admitted that he should be unable to prove the plea entered on the re. cord for the defence that there were two assaults committed by the plaintiff on the defendants. His lordship said in that case it was clear bow the verdict must go. Mr. Alexander, conse quently, stopped the case f o r th e p rosecut i on. Mr. 'CRESSWICK, for the defence, contended that the plain tiff was one of the activ e parti es w h o had committed the assault on the constable, and was the party who had first blown out the candle. He called Finney, one of the constables, who proved that Eaton had blown out the candle, and that he (witness) was most seriously injured and beaten in the row whlub succeeded, and that Eaton was a person who got his living where he could. Mr. ALEXANDER replied. • His LORDSHIP. in summing up, said that the defendants ad mitted the fact, and pleaded a justification, which plea they had not fully borne out. The question, therefore, was merely one of damages for the jury to decide on. He strongly deprecated the use of the handcuffs, and the mode of confinement of the plaintiff. The jury found a verdict for the plaintiff; damages LIO ; costs 40s. The court was adjourned at seven o'clock. WEDNESDAY. The court was opened this morning soon after nine o'clock. moo itE V. HOUGHTON. Mr. Cresswell appeared for the plaintiffs, and Messrs. Wieg man and Crompton for the defence. This was an action brought by the plaintiff, who is a merchant at Belfast, against the defendant, who is an underwriter at Lloyds, residing at Liverpool, to recover the sum of £5OO, in sured on the ship Margarite, in March, 1833, and £4OO on the cargo. The defendant's case in this instance was opened first. Mr. WIGHTMAN contended that certain facts relating to the state of the vessel. known by the plaintiff, were concealed from the defendant in effecting the insurance, and that an insurance had been effected on the vessel and cargo under a wrong im pression as to the time of her sailing from Trinidad, from which place she never returned, being losi on her voyage home to Liverpool, the day after the insurance was effected. He con tended that the defendants had in their possession letters which stated that this vessel had sailed on the 17th of January, and that Mr. Bushby, the agent of the owners in Liverpool, bad other letters from Mr, Moon of Belfast, the owner, expressing serious apprehensions for the safety of the vessel, which facts he had not communicated to the underwriters at the time the in surance was effected. That under apprehensions for the safety of the vessel from these statements, Mr. Bushby, by ordn of the consignees, Messrs. Murray of Liverpool, had caused the insurance to be effected in his own name, a previous endeavour to get the vessel insured in London in the name ei the owners having failed. it was represented to the underwriters that the vessel would sail on the 19th of January or after, instead of on the 17th, which was the fact,-and which was known to the plain tiffs, and which, if it had been known to the defendants, Would have so far influenced them as not to undertake the risk at all, or at a ranch higher premium. Thomas Murray, a merchant of Liverpool, and correspond ent of nessrs. Murphy, of Trinidad, the owners of the cargo, and also of Messrs. Moore, of Belfast, the owners of the vessel, was called.—He deposed to receiving several letters (which were put in and read) from Messrs. Moore, of Belf as t, f rom the 6th of March to the 14th, 1833, inclusive, expressing fears fur the safety of the vessel, and finally, that she was thought to be lost; and also a letter from Trinidad on the 21st, requesting an additional £4OO insurance, to be effected on the cargo. Insur ances were generally effected in London. They had tried to get the insurance effeetedthein, but had not succeeded. Cross-examined.—There were other insurances on the goods amounting to about £l6OO. He was consulted by Mr. Bushby, an agent for the owners, with regard to effecting an insurance, and as to the amount of premium which should be given. After that consultation he (witness) agreed to give five guineas per cent., which was an extra premium. Samuel Martin, of the firm of Messrs. M‘Murdo, Rathhonef and, Martin, insurance brokers, of Liverpool, deposed to being the broker who effected the policy in question. He was ap plied to by Mr. Parker, of the Alliance Insurance Office, to effect the insurance in question. He learned from him that he had applied the day before to get the insurance effected. Mr. Bushby gave him the particulars of the vessel to write' down, and afterwards read and altered those particulars. The time mentioned for the ship to sail was put.down the 19th of January, He said he would engage that she had not 'tailed 'before the 19th, but that she might have been detained after. Ile after wards learnt that a packet had arrived from Trinidad, bearing letters up to the 31st of January, and told Mr. Bushbvihat he was sure the sailing of the vessel must be known. He replied he was certain his friend Mr. Moore, the owner of the vessel, did not know. He afterwards offered the risk in the under writers' room, telling the underwriters what Mr. Bushby had said, and effecting the insurance at five guineas per cent. Cross-examined.---He had seen Mr. Parker, the chief clerk in the Alliance Insurance Office, the day before the insurance was effected, and learnt from him the particulars of Mr. Bushby's application to him of the day before. John Parker, chief clerk in the Alliance Insurance Office, deposed to trying to get th e i nsurance e ff ected the day before it was done, and that the date of the sailing of the vessel was stated to him to be the 19th of January. CONTgBTED ELECTION. . , . Well, Sam," said Mr. Pickwiok,.as. his valet ttN - ; , eared . dt his bedrooM door just atklie was emwhading his toilet, .. rt II aliyH to-day,l suppose ?"—"Reglar game, replicd M-r. "our.. People's a - collecting down at the TOwn's Arms, !thd they're,hollering themselves hoarse already.", "Ah !" said Mr: Pickwick,. , ",Do they seern,:devoted to their party, Sato ?" " Never seo'such devotion .in soy life. Sir." :s" Energetic, eh? said Mr. Pickwick. " Uncommon," replied _Sant. " 1 never seed men eat, and drink so much afore. I t'onder they an't afeared of bustin." ." That's the mistaken ,kindness of the gentry here," said Mr. Pickwick. " Werry Likel y ," repli ed; Sam,' briefly. ". Fine, fresh, hearty fellows they seem,' said Mr. Pickwick, as,.he glanced from the window. "Worry fresh," replied Sani; ." me and the two waiters et the Pea-, cock has been a pumpin' over the independent !yoter s a s supped ther e l as t night." " Pumping over inuepwi/dent voters ?" replied M r . Pick w i c k. " Y es, said his attendant, " every roan slept vere he fell down ; Ye dragged 'ein ours one by one this morning,. and. Nit 'em tinder thepunip, and they're in reg'lar fine order now. ahiliiug a,head the commit 4 tee'paid for that ' ere jqb." "Can Such thi ngs be !" exclaimed the astonished Mr. Pi c kwi c k. " Lord bless your heart, sir," said Sam, " why, where was You half-baptised ?—that's no thin'—that an't." " Nothi ng said. Mr. Pickwick. " No thin' at all," replied his attendant. " The night afore the last day of the last 'lection here, the opposite. patty btibed the .bar maid at the Town's Arms to hocris the brandy-and-water of 14. unpolled eleCtfirs as was a stoppin in the house." " What do you mean by hocussing brandy-and -water?" inquired Mr. Pick wick. " Puttin' laudanum in it," replied Sam. " Blest if She didn't send 'mi . all to sleep till twelve hours after the elec- Lion .was over! They took one man up to the booth on a truck fast asleep, by way of experiment; bnt it was no go—they wouldn't poll him, so they brought him back and put him to bed again." . SHUCKING Tit IcIDF.- 7 -on, last week, two biothets of the name of Manion, had a dispute, when one of thein drove a pitch fork into the face of.the other, and killed him en the spot: this melancholy action took place in the .parish of, Lorrha, withi n eight miles of tbistown.—Tipper ar y Constitution.. Mr. O'Counell presided at a dinner given in DUblin oti Thursday in support of St. Bridgei's Orphan Society, but the proceedings were not of a nature generally interesting. Mr. O'Counell's principal speach on the occasion was made in pro posing as a toast " Liberty of the Press," in which he spoke in favour of the clauses introduced into the Newspaper Stamp act fur registering the names of the proprietors. This regu= lation, he said; had long been the law iu Ireland, and he thought it would be of great advnt tige to the public if the names of the proprietors were known. The venerable Earl of Eldon left his seat near Iluslivford, in this county, on Friday.last. for the south. During the noble lord's sojourn In the north he entert a i ne d a num b er o f hit rela tives and friends at Eldon s and the day precediug his der ar ture he gave a suhStantial anl trulyß ngiish dinn er to n i s numerous tenantry, at Mr. Hoalts, at Rushyford. Notwith standing the learned Aord's great age, his conversational power. 4 are uniinpared, audl.we may add, he enjoys vigorous Sunderland Herald. - BALLOON AcorDENT.—On Wednesday' an attempt Was made by Mrs Graham to ascend 'in .a, balloon from the Cricket Ground, Leicester. The process of inflation commeuced about two and was coinnleted about six. The car was then attached, and Mrs. Graham entered it. At seven the cord was cut, nod the balloon rose. Unfortunately, in crossing Wharf -street, the net which surrounds the silk became entangled with a chimney, the car at the same•time striking a spout which protruded. The balloon rolled about, the bricks and chiainey-pots became loosened, and a large rent was made in the silk. The car, too, was greatly tossed about, and Mrs. Graham was in imminent peril. She was at length taken in at a window by Lieutenant Freer and Mr. Macaulay. Notwithstanding her recent danger, Mrs. Graham has announced her intention of making another ascent as soon as the necessary arrangements can be completed. —Northampton Mercury. ROME, July 30.—For the information of traveller§ coming to Rome we beg to say, that the only road at present flee from cordons, is through Marseilles by steamer, in 50 to 50 hours to Civita Vecchia, and there is every prospect of this route continuing open. If, on the other hand, the traveller should wish to land at Leghorn. he may proceed at once to Florence, from whence the communication with Rouse is, for the I,resent. at least, entirely free. This part of Italy continues wholly free of cholera. His Excellency the Lord Lieutenant returns to the Phrenix Park this afternoon. We understand it is his Excellency's in tention, after remaining in Dublin for some days for the dis patch of business, to proceed on another tour about the 22d or '23d instant, tbrongh the counties of Westmeath, Longfo.d; Sligo, and Donegal, and will return by the counties of Fer managh, Cavan, &c. His Excellency's principal object in this tour is to visit in those parts of the county Donegal where distress has for some time past so greatly prevailed.—Dublin Post of Saturday. The ex-royal family of France has been since the rah of July at Budweis, in Bohemia. Charles X. will attain h,s 80th year in October. His health is good, and here, as at Prague, habitual occupation is the chace. in which he is frequently ac companied by the Duke of Aneouleme. The Duke of Bordeaux has been indisposed for a week, in consequence, it is said, of a superfluity of blood, but he is nose much better. The Duke and Duchess of Angonlethe came here lately from Marienbad, where they dined with the queen of Bavaria, who is gone with the Duchess of Berry to Salzbutgb.— Vienna Gazette. THE CONVICT Wrwsfus.---Williams, the convict who escaped from Newgate. is now lying in Winchester Gaol, to Which he was committed on a charge of burglary, and where he was recognised. When Mr. Cope visited Williams, on Sa turday, in Wineherfter. Gaol, the prisoner was very communi cative as to the mannerl n which he effected hi s esca p e . Wi t h great difficulty he climbeFt ; to the tokof. the live-story house of Dr. Cotton, the ordinary, and fiorti that lofty dwelling he felt to the roof below, and then clambered over several others, un, til he got to the skylightS, when . ho let himself down and escaped., After be gained tilestrWi . he made the best Of his way out Loudon, and proceeded_ towards Kingston, in the woods, near which town he concealed himself by day, and at night hunger drove him on the highway to crave charity from the passengers. While in this half-staryjd condition tito4hts of surrendering himself crossed his mind, but his evil genitlq . directed him to resume his predatory pr o f ess i o n, Which was the cause of,his being recaptured. BRITISH AUXII.IA R LEGrom.*Tlie Glasgovi stedner: ;.frired at St. Sebastian on the 6th instant, and was trYreturti •ately...• She will bring home, amow others, 2.50 mean of the 6:h regiment, who have left tire rank;: of the legion on Are ertinird of having enlisted tier the term of only one year. , though their. claim was disallowed by the boatel which sat for :he pni pose of deciding that question. But LicOlenant-General Evans was . peremptory iu declining their fuither services. We under stand that Lieutenant-Colonel .10chnius succeeds Brigadier , General Reid as the head of the quartermaster-generar' s de partment. _ • COPYRIGHT Brit.—The follow ing resolution d-; r;?'portcci to the House of Commons on Saturday, and instruction was given to the committee ou the copyright bill to make provision to the bill to carry it into effect. " That annual compensation he made, out .of the fund s o f th e conso lid ate d fun d of the United Kingdom of Great Britain and Ireland, to any of the public libraries which may sustain loss by raison or being no longer entitled to a copy of every book which shall be printed or published." CITY RfiGISTI{Y.—For the last three days the con.; servative party have had a maj or ity ever their opponents; and . only requires crimmon energy and a trifling loss of time—not one shilling of outlay or a particie - of trouble—to insure success ; and insure it permanently and for ever. This is, perhaps, the last occasion—certainly the last but one—that it will be our duty to call upon our protestant fellow-citizens to secure tilde own freedom and assert the independence of the metropolis of Ireland—to rescue their representation from the chance of being disgraced—themselves from the possibility of being insulted. And can it be possible that such a call, and for such a purpose, shall be made in vain ? We will not believe it. For six Suc cessive registries property has assiimed its proper position, sod the radicals have been beaten by an aggregate majority exceed ing 600. Shall it be said that in this the seventh struggle pau perism is to be in the ascendant?, No. The result of the last three days proves that there is a recuperative spirit in conser vatism that will rise into vigorous action Whenever it is properly . aroused and judiciously stimulated, and an energetic effort to • morrow will enable the Protestants again to boast that the seventh shot, like the bullet of Zamiel, has recoiled upon their enemies.—Evening Mail of Priday. Styrian LA \V.—At the commencement of the battle of Wa terloo, three companies of our riflemen held - a sandbank, in front of the position, and abreast of La Havre Saint, which we T left it. Pre- clung to most tenaciously, and it was not until we were stormed e vbeor, a F ranch,htla,nks officer rfi left their rank s an d l in io t u r s on to t a d n o d ing tu s r o n , e h d o o ,i n ma d e a d as h a t one of ours, but neglecting the prudent precau tion of calculating the chance cf success b e f ore str i k i ng the first blow, it cost bitn'his life. The officer be stormed happened to be a gigantic Highlander, about six feet and a half, and like most big men slow to wrath, but a fury when roiised. The Frenchman held that in his hand which was calculated to bring all sizes on a level—a good small sword—but as he bad forgot ten to put on his spectacles, his first and last thrust passed by the body, and lodged in the Highlander's left arm. Saunders blood was now up as well as down, and wiih our then - small half moon sabre, better calculated to shave a lad's maid than a Frenchman's head, he Made it descend on the pericranitim of his unfortunate adversary, with a' ferce which snapped it at the hilt. His nest dash was with his list (and the hilt in it) smack iu his` adversary's face, which Tent him to the earth; and though I grieve to record it, yet truth must be told, I fear that the valrous Fren c h man d i e d an i gnominious death, viz., by it. kick. But where one's own life is at stake, we must not be too par ticular.—Kincaid's Random Shots. • The German journals contain news from Greece of July 10 ; it is unimportant, but they praise the sanatory regulations adopted by the Greek government to prevent the _plague which prevails in several parts of the East from entering Greece. Most of the political refugees from Cracow (says a letter front Trieste of the 3d instant) have now embarkca for America, France, and England. The trade of Trieste wiih the East increases everyday, and the late changes there have been bene ficial to this increasing town. These journals announce that the cholera has abated in Vienna, and now only prevails in the suburbs. The Emperor of Austria has given his sanction to the plan of an iron railroad from k'resburg to Trieste. We have intelligence in the German papers from Warsaw of the sth instant, which contain a decree directing that Jews are no longer to be allowed the use of baptismal names of Chris tians as their first names. 'the ground alleged is, that the po lice desire to have further means of surveillance over the Jew's. Nothing is more absurd.. We use as baptismal names.weve Jewish name, from Abraham to Malachi; are they Simon, for bidden to the Jews themselves ? Or, are not.J.in, lint the Joseph, Mary, Anne. &c., in their original Hebrew i. , thing is impracticable. It must have been sugg ested .Is e some . Russian legislator of kindred mind Ch a t Standard. I his diving apparatus at that Mr. Dean has been at work s part of Spithead where the Ma E r i,,ht o: On Thursday he brought u four guns, two iron ande was s upposed to be sunk ' during the reign of Henry the two b. rass. I' be bries guns have th e ible. One of the iron guns is 15 feet long, and composedo of ( that monarch very f i e liars of iron secured with iron hoops ; from marble shot was drawn one. The brass guns are very ele.;, gant. A traveller has called at our office to inform us of a most hot rible occurrence which tookplace at Pr es t on ,. in 1, antiishire on W e dnesday. A party Of nglishit - Jen and Iri s hth en h av i ng • - during the day retired ni the evening • been moolnit, to a neigh bouring tavern to take a pot nil beer. rhe conversation tnrned mowing, and one theupon Fnglishmeu told' an Irishman that he was but an indifferent imAYer. The latter instantly seized his scythe, . told the otherhe would prove his dexterity, and in the most deliberate ma n n er cut the Englishman's legs nearly off—at least he bled to death Wove any assistance could be obtained.—Stockport Advertiser. • REPRESENTATION OP NORiO Plievost.—At the recent impor tant conservative dinner at Tiverton,ii was intimated that the conservative Yeomanry of the northern division of the county of Devon have deteminedto return Sir Thomas Dyke Ackland, Bert., as their representative, whenever an opportunity sba-rr offer.