The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1838-04-10 00:00:00

r,?,t).L - ..:10-,. isis: to 1/4,.etiier josticeship; vice . Bushe, who will retire with an, Irish pera!z,e. O'Connell will, also receive the title of Baron iv?ragh ! His son Maurice is spoken of as likely to ceeed' Drummond as under secretary for Ire land! W e may, therefore, congratulate our brethren, the - Irish, protestants, on their comfortable prospects! Under the paternal care of the arch;azitator and his offi cial minions, their lot will be one of uninterrupted peace and prosperity! What halcyon daysare in store for Ire land, :vilien 'the virtuous disciples of 'Peter Dens" are placed in every office of importance! We really wonder that. Lord Melbourne does not persuade the Queen to create O'Mulgiave an Irish Duke, and elevate O'Connell into the vice-regency. That would be doing the thing handqomely at. once. Such a step would be sure to ren der. Deland tranquil, as far as England is concerned— that is if the extirpation of the protestants would procure tranquillity. But what of Lord Melbourne himself ? We .are in formed that he is to be created Marquis of Kent ! Whe ther this step will be in anticipation of his marriage with the Duchess of Kent, we are not, as yet, able to form any conjecture. After the Ministry, as we havebefore intimated, will be placed in the most serious dilemma by the coronation. They must either find their new peers in the House of Commons, or they must avoid any creation whatever; and in either case their. position will be found by no n ienci enviable. If they 'neglect their expectant friends in the House, and give their preference to others, or re fuse to exerciNe the wonted privilege, there %%ill inevita blY,be a mutiny- in the camp. If they draft their peers from House, there will be the fresh elections! Can they venture to encounter such a chance as the vacation of forty or Ltv seats at once? W e . s hall see. LIVERPOOL EASTER SESSIONS. The General Quarter Sessions for the borough commenced yesterday, before. James Clarke, Esq. Recorder. The learned Recorder took his seat at a quarter.pst ten Thjollowing gentlemen.were sworn of the grand jury:— Edward Gibbon. Foreman. Edward Humble, Cieorge Lissant Cox, David Lamb, John Coward, John Marriott, John Campell, Alexander Alaxwell, John Deakin Joseph Parton, Ralph AbrahaM, W. S. Robinson, Joseph .Gibbons, Nicholas Ruskell, John Greenshields, Thomas Shaw , Lawrence Heyworth, juu. Thomas Tattersall, John Highfield, . Edward Tennaot, and - Edmund Hore, . Chutes Turner, Esqrs. Her Majesty's proclamatioi against rice and immorality having been read, the learned RECORDER proceeded to deliver his charg e to the following effect :—lle did not feel it neces sary to troubl them with any of the alterations which had be e n p ' e eently.reade in the criioinal law. These alterations had been 8 , 4 lately fullY explained Ly the leas ned Judge who had gone the the circuit, its well as frequently by himself (the learned Re corder) that he did net deem it necessary to make any further o bservations on ths st:' , ju. , et. One of those alterations had proved ter )''tieneacial. !f a ;Jerson were guilty of extreme violence 'connected with sss-s. lel injury, they knew that such person wlight be committe. :or felony, but by the alteration in the law L° which he the jury had it in their power, if the evi dence seemed to Testify Stich a proceeding, to convict the pri soner of .ait assault. This had acted very beneficially. Under th e old law the jury had no alternative but to convict the pri soner of felony, and in cases where they Were not fully satisfied that the offence was of that extent, offenders frequently escaped w ithout punishment- The jury had now the power to convict for assault, this could not be thecase. He hoped the moditications Which had been matte in the law woeld have the effect of dimi l'ishing that class oftnanslaughter which haul been so much coin- Plaitted of recently, and which had been more common in this co unty than any otber, He hoped the tendency of these altera tions would Le to do away entirely with this disgraceful class of ansieughters, of which they had so frequently heard so much, there was another class of manslatighters of which they had d lately had many instances, which did not arise from any vin s.'etive feeling, 'but which were, nevertheless, of a very serious Vtiure, lie alluded •to those which arose from negligence. n 'Se classes of individuals who were employed as drivers of 'vets; '•es On the Public roads—dud whose occupation was to sas s care of the trains on railways had a heavy responsibility cast upon them. It'vvas or the very last consequence that all s4suc h c Individuals should conduct the vehicles iilirusted to their char ge with as thecti attention as possible. He hoped after the ' l e.exampl es , th a t th e publi c w o uld not have further reason to e h u 7,, l t )la iL• The calendar, on the present o ccasion, he . vas s to observe, was not very heavy, still it' co ntained one or 55 4 very serious cases. • (Jae of these was a burglary of a very tat Xis and alarming description, which had been mine! d ed way aeight,ourhood of Liverpool. The case in , the caleu Wit ' h utz ulrerett 16, 17 and IS, and number 41 was assn connected ttfr,nce. The burglary was committed in Bootle-lane, had f t w as the 1 4 rst case ' he believed, which Ste had tried that tt iil' 9 1'Peried it: Ole neys borough. They broke int the house, andst'ole a vast number of artisles, It tdd not ap 'e4" that th ey were armed with any weapons, but they used very violehi „ thrests towards the inmates. Ile was not aware that that difficulty would arise iu the course of their investig ation, slit Wut.:l,4 7 faiiiiier them from coining easily to COOCIIISMD ; uut i f there wore itnything upon whicrt they require-din-forma tioq,.he : would, give them his best. assistance. there wits also a case of common larceny to which he would direct - their at lentioo. :Some persons might think thnt, as the prosecutor aye up tire isreperty to tt:e prisoner, the offence would not be larcerry; ttiat, however, wag not the law now. It used for merly to be ,that, to coustitute larceny, the person should take the property by force; but men were so 'cunning and clever "that they absolutely induced men -to give up their property. Here au individual weut into a shop-in Liverpool, saving that 2e wanted certain emu's that were to be sent with biro tiy a boy- This was thi n e; a nd the man got possession of the goods, which _ eie deliveretLto him. Some might say —" This is not larceny, we find that the goods were absolutely delivered to the pia "oes- 'Rlit the law looked at the interation, and, therefore this was rightly considered larceny. There sv,is also a case of for- • gerYi in which the prisoners were charged with having put the of 'tit -riadiVidual 'to certain orders on which they had Ined-goiAy He believed it was it case iu which they would , ui tteslerience•anv difficulty whatever. the calehdar contains the names of 46 prisoners for felony, anditiftbelnisderneanours. LIVAI:POOL SPRING ASSIZES. CROWN COURT.—FRinA v. Sir John Patteson took his seat at nine o'clock BENNETT V. CIZOSTON. This was undeferytetraction, biought by the plaintiff, ( . .ortzt' -Bennett,.against Ilichard Croston, to recover the amount of a promissory note. Mr. - KNowLES :dated that the defendant pleaded. that the plaintiff and he adjusted 'their accounts on the sth February, 1837; when it appeared that he owed the plaintiff the sum of £27 2s. 10d., for which he gave a promissory note, which note on the 27th August he paid. The defendant had not appeared; therefore he (Mr. Knowles) wasedtitled to their verdict. IVer diet for the plaintiff, £2B 12s. 2-1 , 1. It subsequently appeared - 'that' the action was tried as unde fended, in consequence'of the attor , tierfor the defence having failed to appear in court when the cause was called. The at torney arrived some time after the case was disposed of as above, and his lordship blamed him in severe terms for hiS neglect. At the earnest request. of Mr. WHIGHAM, one of the counsel for the defence, his lordship suffered the case to stand for trial, and it was accordingly resumed. Mr. Wightman and Mr. Whigham appeared for the defence. It appeared that the plaintiff, who had'just received a small legacy, lent the defendant the sum of £7O. A portion of this was repaid, leaving a balance of £57 2s. 10d. Some time afterwards Mr. Bennett, having become unfortunate, the de fendant agreed, in the office of Mr. Yates, the' plaintiff's soli citor, to pay down a sum of £3O, if the balance, for which he would give a promissory note at six months, might be allowed to stand over during that period. This was agreed to, and the defendant requested That the plaintiff would go with him to his breWer, who said he would lend him the £3O. 'The plaintiff and defendant, who were accompanied by a person named Ellis, met the brewer in the Haymarket, and the party adjourned tn. a public-house, when the thirty pounds was. handed over to Mr. Bennett, and the promissory note was given. It was the amount of the promissory note that was now claimed. _ . WIGHTMAN said the money hail heeß 'paid, and, though they had no receipt to show, yet they had possesSion of the pro missory note. Mr. Wightman produced the note, and con tended that it was not uncommon for parties, on such payments being made, to consider the note itself a sufficient acknowledg. ment, without requiring a receipt or the presence of a witness. Mr. KNOWLES, on the other hand, stated that the note had been returned to the defendant almost immediately after it was drawn, it having been conceived that, es he still held possession of the bill for £7O, he hail no need for' further security. The note fur the balance, Mr. Knowles said, it now appeared had li.en retained to serve a's evidence that the money had been paid• Mr. William Ellis was called, to prove that the note was-re turned for the reason above stated. He also stated, that he had called upon the defendant recently for the money. and the lattei stated that he had no money,' but if the plaintiff would take it out in clover he should be pail The jury again returned a verdict for the plaintiff's for £2B 12s. 2 1 d d. LAWRENCE V. onnr.t`•.v. . • As the defendant iu this case was dead, it was supposed that the action had abated; and no one appearing for the plaintiff, the cause was struck Of the list. But it appeared• that the de fendant's death had taken place since the first day of the assiie's, the eau..., on the application of Mr. WHIGMAN, on the part of the plaintiff, was restored to the list and tried, and a verdict was given for the plaintiff for £l2l. BIiNNETT V. RTRCHALL. This action was brought. to recover the sum of £24 for board and lodgings. The parties in this case reside at Preston. • It appeared that the plaintiff kept a small shop. The defendant married the daughter of the plaint:ff in the December of the year 18.36, after which he lived for 29 weeks with the plaintiff, who had been in the habit of letting lodgings. Witnesses were called on the part of the plaintiff, to show that the defendant and his wife were really lodgers. It appeared that after about four or five months had elspsed, the defendant quitted his wife. Some relations of the defendant came forward and swore that the defendant and his wife were hired servants of the plaintiff, and that he had lent the latter £4O. A further sum was claimed by the plaintiff, for money al leged to have been lent to the wife of the defendant. This (he learned Judge said could not be entertained. as a man was not bound to pay money lent to his wife without his - authority. The jury returned a verdict for the plaintiff damages £24ls. This case terminated the business before Mr. Justice Pattesou. NISI PRIUS COURT.—Fillneur. ADJOURNED NUISANCE CASE—THE QUEEN v. MUSPR ATT. His Lordship took his seat at nine o'clock. Dr. John Rogerson was the first witness called. He was a physician, practising as a surgeon, residing in Scotlandroad. He had frequently seen the vapour spoken of by the different witnesses. It had a nauseous and unpleasant odour. .It. pro duced a suffocating sensation. It had the appearance of a fog. caused by the muriatie acid gas combining with the vapour of the atmosphere, by means of oil which, when it was condensed it fell to the ground in the form of very diluted mortal ie acid, He should decidedly say, from the taste and appearance of the vapour, that it was dilute rnuriatic acid. The works from which this gas issued were those engaged in the preparation of an im pure alkali, commonly called the black ash, or British barilla. It was prepared by pouring sulphuric acid on cowmen salt, which was a chloride of sodium, commonly called muriats of soda. The sulphuric acid combined with the soda, and formed sulphate, or rather a bi-sulphate of soda,. anti the muriatic acid gas was disengaged. It went up the chimney with the smoke, and in consequence of the heat applied, a quantity of sulphur ous acid gas was disengaged, and perhaps a little nitrous acid as well. The muriatic acid gas composed of hydrogen and chlo rine in equal volumes or atoms. The chlorine was part of the salt combined with part of the sodium. Salt being mixed with the sodium, that was'decomposed e :by means of the sulphuric acid and heat. The chlorine then united with the hydrogen. Stepharic acid .consisted of sulphurous acid gas and water. When the .sulphurous acid gas was poured upon the inuriate of soda, the water of the acid was decompesed. The oxygen of the decomposed water unitedwith the sodium and formed water. The hydrogen . of the water united with the disengaged chlo rine, and formed muriatic.gas. , When thesulpherous acid gas united with the sodium, it fur red the euitibate. of soda he bad sicriTren - sits or the iii- snlohatts tor soda: Thus properties of the muriatic acidgas were transparent as a gas when in .the pure state; but when mixed With the air it formed those white Vapours which had been spoken of, by its coinhinin„. with the moisture of the atmosphere with which it mixeds It tbeu formed a diluted acid, having a pungent odour, an acid taste ; it was rapidly absorbed by water, which at 40 decrees of Fahrenheit took up 480 times its bulk of the gas. It turned vegetable colours red. It would not support combustion, and it was fatal to annual and vegetable life, and Very injurious. He had made several experiments along• with his brothe•r, and had assisted him. He should think, from the g reat affinity' of the muriatic acid gas for the atmosphere, it would ctimhine with it, and issuing from the chimney-top, and fall to the , ground in form of diluted acid. It would fall snore rapidly w:here there was in creased moisture. Ile had tried experiments with his brother, and-his opinion was, 'not what had been stair sl, and about which theist was some mistake, that the muriatic gas when combined with the atmosphere in the proportion of ode part in. 1500, did not do injury. He considered that it slid e and was highly in jurious to health when so mixed. When tine muriatic acid was., mixed int he proportion of one part in 1500i.1 the atmosphere, it did not kill vegetables or plants immersed: in it for a certain period of time; but it must still be considered as highly inju rtour to health, on account of its irritatil tg and stimulating properties. It could be in no wise useful to the growth of plants. Dr. Chtistisou, of Edinburgh, profs mssor of the Univer sity of :Glasgow, stated, that when one cut. .ic inch of this gas was mixed with 20,000 - parts of the atmosph ere, it was still in jurious to plants, and withered the leaves. . This also was his opinion. He considered that it constantly occasioned injuries to the health. The experiments they had in ade with plants had generally been made under 12 hours. if a p erson were exposed tbr weeks to an atmosphere loaded with this vapour, its injuri ous effects would be likely to be increase d. The longer the action of the gas contiatied; . the inure injerf ions it would be to vegetable and animal life. The effect of thu i gas issuing from a chimney would depend Orio n the volume ca tried by the wind. •If owing to the wind anti the moisture of 0 me atmosphere, this white vapour actually deacended so that it could be seen, it would be decidedly pSejudicial to vegeta . Iles on which it tell, and pro tanto to entitle! life. If a pers.:in complained of his lungs who had been inhaling that atmosph ere, it would not be sit orLIPTING. necessary to resort to etpetiments to prone unce as to the quan tity of injurious gas he rear?/ Lent, aged 16, pleaded guilty to a charge of having 'from the tact that it %%43 had inhaled ; he should say at once 1 1! .) o len. three silk hand'kerehiefs from the shop of Mr. W il liam iatjurious, and ex plain his complaint . ;Lem .tatior and drap.ei, Castle-street. She was sentenced to to having inhaled a nitratedatmosphere. . If a patient suffered s.weliue months' itisprisenment. . in his lungs, and the inhaling of this muriiatic acid steam made Aleph -Page, aged .II,; aud Tisterias Simmandr, aged 21, pleaded him suffer, he should sas;that it increasers his disease: lu his judgment it. increasHS the .irritation of tlte lungs. As to how guilty to eu indictment in which they were charged with having 81 '4n three pair - of shoes from the shop of Henry Bingham. much irritation %you'd. produce death was ;a matter for inquiry. They were sentenced to six months' imprisontuePt. It wasat very diffiralt :question to answer the proportion of BREAKING ANT) ENTERING. muriatic acid gas there was in the white, vapour as it left the Peter Page, aged 19, and William Duffey, aged 17, were chimney top. . idagedat the bar, charged with . having feloniously broken and Cross-exainineila—lsle had n o t examined as to the relative ttered the shop of Julio Plant, Muuchestex-street, and stake proportion of the gas that issued from the chimirey top, and was therefrom a not able to tell the jury whether the proportional parts were 51 pair of snuffers and tray, a bundle of pen-ells, a •of muriatic acid gas to 941 of other matters. lie had tried the dozen papers, each containing twelve rings, a glazier's diamond, gteveral !tenetl cases, and a number of other articles, the pro- experiments with the muriatic acid gas on piatets, which haul perts of the 'aforesaid John Plant. died when submitted to its action s by putting them into h glass it. appeare,d that on the night of •the 3d March last, Barnett, receiver with the gaS, and covering them up. It plant would ssouslice officer, was on ,ditty .in Manchester-street, where he live a considerabde time without beingenelosed. when submitted finer the prisoners. - Krin.wing them to be bad characters, he ar- to the vapour. 'There Would be an immense difference between rested and setteched them, when he found on their persons the the effect of the e*perirnent when confined. and where the open ,articles named in theiniiiettnent. air was not excluded. His o p inion was that eaunatic acid, s Mr. Plant s . , ,, ted.that , he left his shop about six in the even-. however diluted, w as injurieus, as it was an improper aematic ,ing of the al of March, locking, the dour , but not putting up the stimulent. CarbOnic acid gas did a great deal of rsood to vege- Ohutters. lie was absent about half an hour* On his return tables, but it was highly injurious to animal iife. . Wherever he found window that that the ndow-lied been broken, and that his coal or lhne was burnt it would be given out in large quantities. •oiliap had beep robbed. Sulphuretted hydrogen was very destructire to aztmal life; but defence, said they had bought the 111" prisoners, in thei r he thought they ought to put that outer the quest:jou. It woold sarticles. ' . be also injurious to vegetables from its acid properties: That The jury Wad the 'prisoners Guilty.—Sentence deferred. *mild be pielififully supplied by the soap manufactories. Bi carburited hydrogen gas would be injurious to vegetables but • GUIIGLARY. _ not to animals. . •Its proper term was bihydrogulated hydrogen. re s jcj r. Thomas, age IS, was charged with having broken into the house and strop of George Burrow , andstolen therefrom a I It rintuld is sue from the gasometers: The manure heaps would furnish peratnetic oil of ammonia; so would the hove boilers, tutu of mosey and several articles of wearing apparel. and the horse boilers., and wherever animal matter wa.s decom- Mesl3artlercouducted the prosecution. wo uld He was not quite certain whether the turpentine works Geos e e Barrow, of Alfred-street, Toxteth-park, joiner and wwtLin,ld would out ammonia.. They would give out acetic gas grneer, stated - that he had a lodger named Jones. On the 20th of March last be fastened his doors end windows. in the morn- " into rioptd niele ' e l peonle cough, but it would be s • indensed r ieg,Jones, who got up fi rst, called bins down. He went, and !et .v inegar, If by chance sa-amnioni:c works were a l dd r. e ;n tl,_ increase the (measure of gas. ['here would ie a . i . t h e that an entrance had during. the night been effected into 1 1 11 wrla the house at the hack part, by breaking out a square of glass. I st on e acid gas from them as well from the works of the mimetic l acid manufacturers. These constituted the sweets of what 'was 4 . 1 ) inner Window had also been broken, whereby access was 1 nulled spice island. If there was muriate in the clay for hut n- Rained to the•shop. The money-drawer, which contained 20s. mg bricks, they would get muriatie acid gas from the burning 'Sr 308. bid been taken from the shop. A top-coat and a pair iof bricks. Ile found the vapour from the alkali works injured cd' gloves belonging to Jones, had also been taken. The prisoner asthmatic patie n t s . ' v as appreheoded by Chalmers, a constable, and the gloves Mr. Jame.s. Ceoper , surgeon, of St Ann's-street was exa 4nd a hat, which had been stolen, were found in his possession • min i mine d an d . spoke to fivino7 in St. Ann's•street. The gas came The jury found the prisoner guilty, and be was sentenced to 1 , fill over its house from Mr. Musprates chimney, and caused t rsesportation for ten years. ' him and his family to cough. It rusted his surgical instruments, LARcENY• which he was obliged to keep constantly eleanino. He had •Ouvett Carrigan, aged 21, was charged with having stolen the . f r erly lived in Fraser-street and haul not .exprienced the a PParel of Joseph Birch. o m effect. When the • I blew ' • same ! 4 r. Raincock conducted the prosecution. Muspratt's chimney, the leaves, and trees. and plants, in- his It appeared that ou the last Wednesday in March, the pro- N t ,, garden, were quite green; hut when the wind blew from Mo , - utor went with a dissolute female to a cellar in Johnson- rates chimney towards his house, it turned all vegetation black : l e re fd- He went to bed. The prisouer entered the apartment 1 Prates his garden; . arid would kill and wither the trees and leaves in jirnandeti morning n clohes, be he wished to a suttee night. Prot e : mil 1 till that they might be safe. To this the Cross-examined.—Fraser -street, his former residence, was tar foolishly assented. Wheu he arose in the morning, , • n o , ,". , r, eeither the erisaner nor th e clothes w i '. 300 yards fiom where he now lived. were to be temp& Dr. Wit Reynolds was next examined.—He was a phy i lam . ''' ' he Cave was fully .proved. The jury found the prisoner , l and I • -•- 'n • Liverpoo., lecturer on chemistry at the '',: i ' i ltvoitil the semi ' dh . to months ' imprison- ! "' ja m residing i• I sentence tm filteen 1 Royal Institution. He was acquainted with the process of ";ent. and herd labour- , I manufacture of what was • ca lled black mush, and also of salt . . , . . • oavespnammeßMll.V.l.M.. I cake. In the manufacture of salt cake a volume of murtattc . . . . . . i acid gas was poured out of a chimney. It then combined with A. GA t a ' I' . hout . th e . • he wind, during part of Saturday and throng the moisthre of the atmosphere, and was unhinges governed by , . • . hight. blew vie lent ly from the westward. A number of ves- , . tt{'le roil t - 'the ord i nary taws ofoi gres. It became heavier than the atmos t;,,r, n sea in the forenoon ? and Fortunately , got a good offiog phere and than the I nd m nary mnistute of the air, from combin lII , ' gate cause on. On Sunday morning the sea - on the . ... ....„ . iii The Yepour was a liquid moritilic mg with the muroot a. "" "- ' 'the wind' having abated , towar ds cwt . ` he . asy. hut, ; acid gas, in very small globules, the same as steam. It corroded "mug-the se, was quite calm, with the wind at N.N.W. . metals, and gave the appearance of being rusted. Aton of salt L,G AI , • ,i, F. FLY WHEEL. --There is now in courseof constructi o n , woo ld give•ant upwards of 14(10 feet of muriatic acid gas. It et. .%'•!' , gm's• iten,. -and Beenett'S.. millwrights-, Newton-street, wou ld produce irritatinn of the air passages through the lungs, 7,1;A li c ne. !es, one of the lar e ast fly wheels ever made. 1 r is tiB and pro duce cough,.m , a w il an d also, hen • •person as exposed for r.t s lic'''''! et'-r. ;our. :3S tons .55 eight, and is intended to goYetn not some ti me to its influence; produce disorder of the sloch• It . a ' , ‘osengioes of 120 horses' tower esch now erec'ing in a new would be extremely iejoriouS to tersetittre life, and would canse (s "ttott mill b I • • ' 1 '' ' A ,„ e ongim 4 to Messrs. I bornas 4aunermau and Co., l lf vegetables were sub .the leaves to wither and be destroyed. ./.. -1 .rf...., UlittOd to its action fur some time there would. be au apparent HOPLIFTING ibnrIiaI..OLVe, aged 22, S was placed at the bar under an indiet n'ellt, in which she was charged with having feloniously stolen 4 bag containing 23ibs of coffee, the property of Mr. Peter ,BaisfJrd. •It , Murphy conducted the prosecution. It appeared that the prisoner, on the 20th of March last, went In to the shop of Mr. Bassford, grocer, Scotland-road. She askcd rui a halfpenny-worth of cinnamon, with which she was 13 ." Y(1. AS she was going out of the shop Mr. Bassford missed ba g of coffee which had stood near the counter. He called o ut-tu the prisoner, who immediately dropped the bag of coffee '„roln,under her cloak. She was given into the custody of a po "ef'-office. The jury found the prisoner guilty, and she was sentenced to 'twelve months' iinprisonMent. • FAI.ONY. Moinat Martin, aged IS, pleaded guilty to a charge of having * Nen a vard and totee-qoariers or cloth, three si.k handker hiefs, a stock, three.pieces of ribbon, and a pair of gloves, the Proljetty of Julio Lloyd, his waster. He was sentenced to six mouths' iinprisotnuent. -LIVERPOOL STANDARD. deposit unon them which wooed have the appearance of dew. It would - also have the same eff,..et upon vegetable substances. 1470 rest trees submitted to its eetioli would decay from ye - ar to year. Tne witness then proceeded to"describe the different processes-of the manufacture of the alkali. The sulphurous acid gas which escaped from the works themselves. in the ma nufacture of sulphuric acid, was extremely deleterious. Cross-examined.—H e hail seen a dew-like deposit of the gas upon artificial leaves. The taste was intensely sour. The Botanical Gardens bartheen removed owing to the quantity of buildings about, the quantity of smoke, and the comparative impurity of the air. During his investigation of this subject he had not seen oysters speedily jaw-locked by this gas; crabs and lobsters quickly die, and lively shrimps unable to crawl away. This wit: toe case for the prosecution. Mr. ALEXANDER then rose to reply, and spoke with great fluency and eloquence, ou behalf of his client, for two hours and twenty-five minutes—a speech which it is, of course, entirely beyond our limits even to give an outline of. He spoke of his anxiety for the success of his client, and the weight of respon sibility resting on him, and of the disadvantage under which he laboured in rising to prove his case, after forty-five witnesses had endeavoured to prove the prosecutors' case against lion. It was one of the feelings of human nature to he biased by the first story. The case was One of immense importance to his client, for on it depended whether or not . he should be allowed to continue his business. He had - expended a large sum, about 1.:30,001), in the erection of his works, and was now pitched single handed to uphold these, the fruits of his indtpttry, against a corporate body, wielding all its influence in a town like Liver and possessing as much wealth as many petty monarchies. He designated the prosecution, instituted by the corporation against Mr. Muspratt, as a harsh proceeding. if parties were damagrd by his works they had their remedy by action against him; which he contended was the proper course, leaving those individuals who felt aggrieved to recover, if they could prove that he had injured them, compensation at his bands; that was the proper course, and not to attempt. to crush a man by an in dictment supported by all the wealth and influence of a power ful corporation. lie contended that the manufacture of the alkati was one of immense importance to the soap manufacturer, to the glass manufacturer, to the palm oil merchant, and others,. and that this was an attempt to exterminate the trade, which was a novel one. The attempt would have been a great d ea l More Quixotic if it had been made against an older established trade, though Proved to be highly detrimental, because there would be more - individuals engaged in it He contended that he should be able to prove that the evidence of the prosecutor's witnesses was not correct—that he should bring front the same streets and from the same neighbourhood, witnesses to prove that the gas was not at ail injurious .and not unpleasant;—that it did not damage vegetation, nor deteriorate the value-of pro perty. He contended that it was impossible that gas from Mr. Muspratt's•chitnney cook! strike Everton, because it had been proved that Everton Hill.leas only 225 feet above the level of high water, whereas Mr. Mnspratt's tall Chimney, which was so u.uch spoken of, was 228 feet high, and its base was 15 feet above high water. So that if thegas issuing from that chimney travelled in a horizontal direction, it would pass over Everton ; hut that if it ascended, as was its inrdinat iou to do, it would pass far away above it. Mr. Muspratt had had three indictments preferred against him, and at each one had endeavoured to render his nranufactory less obnoxious, by improving the con struction of his apparatus, and by heightening his chimney ; and now, for that very act, his high chimney was to be the cause of this indictment. Mr. ALE AN DER then proceeded to call an immense number of witnesses, who nearly all of them reiterated the same story, that they lived in the neighbourhood of the works, and felt no inconvenience whatever from them. That property was gene rally increased in value in their neighbourhood; and that, since the erection of Mr. Muspratt's tall chimney, ten months ago, they had felt no inconvenience whatever. On cross-examina tion they generally stated that they had been inconvenienced by the white vapour, but it was not from the defendant's chim ney. The.vaponr (rem his chimney went right. Over their heads. They were principally annoyed with the vapour proceeding room manufactories in Canning-street and Paul-street. Some of them swore stoutly they never were inconventei by any vapour at all, though they had.lived a great number of years in the town. One witness, a farmer, brought to prove that it. had not affected nis crops. said he had heard a good deal of Muspratt's smoke, and was determined that morning to get a mouthful, and for that purpose went down to the manufactory when the chim ney was vomiting forth its vapour ' and snuffed up the air, and felt not the least inconvenience. On being cross-examined by his lordship, he said the vapour Was not near him. When asked if he expected to snufF it down, he answered, "To he sure." This, of course, as were many other sithilar sallies, was followed by loud laughter. - Mr. John Miller, merchant, residing in St. George's place, Everton-road North, was examined. Ile deposed that his resi dence was east north-east of Mr. Muspratt's chimney. near Mr. liorsfall's. about three quarters of a mile front Mr. Muspratt's works. He could distinctly see hiS chimney. He had a shrub bery in the front of his house, and a small garden behind. He hart st:ffered no inconvenience whatever from Mr. Muspratt's works that he was aware of. His garden and shrubs were tint itijured by it. lie had fruit trees which produced aoundantly. fie was not aware that he had suffered any of the evils from Mr. m os p ra it's works. detailed by the witnesses for the prosecution. Cross-examined. —lie had "resided four years in his present premises., and nearly three close to theta. Ile had not been in the habit of going into any gardens but his own to observe any alteration in them. He had not noticed that vegetation was not in a flourishing state, so far to the contrary; the field ili the limit of his house had produced a very abundant crop the last year. Ile had traced Mr. Mnspratt's vapour, and he did not believe that it did fall. It appeared to hint to ascend in an angle of 25 or :30 degrees, anti he did not believe that it did tall. Et, had r,t iced the vapour issuing from the other alkali works. Ile t h,, e! ,,1 the vapour front them did fall. He had observed the vapour a..od smoke from Air. Muspiatt's chimney ascending in the angle lie bad said, while the smoke of the others seemed to hang in s uspptision at the height of 20 front the ground, and remained in that suspension for' about an hour, perfectly mo. tionlese. The Smoke from Muspratt's chimney seemed to gO in an upper current of air. lie could not pretend to explain the cause of this appearance; tint so he had that morning seen it, Anti had watched it for an hour. By the' JuDGß.—There Was a strong wind blowing against his windows, and the vapour from Muspratt's chimney passed rapidly over. head, apparently in a current, but the vapour below arts stntinna.ry, and dieilotappear eel to the action of the wind. Re-examined.—Uniformly when he had been able to trace the vapour it paised over the highest ground at Everton at fully a greater height than when it issued from the chimney. Mr. William Skirvine,% nursery gardener, had a nursery at Everton and another at Walton. Forest trees and fruit trees throve well at his nursery al Everton, which was close to Mr. Horsfall's residence. . Cross-examined.—His nursery at Everton was surrounded with high walls. On the whole the trees did not thrive so w e ll there as at Walton. and he could trot account for it. Michael Ashcroft, farmer of Kirkdale, deposed that he occu pied about 250 statute acres of land. His crops were not at all. injured by the vapour from Mr. Muspratt's works. Cross-examined. —He had a large s hrubbet y between the manufactory and his fatm, which acted as a screen. c. Dr..Thornas Thompson, professor of chemistry at 'i the Uni versity of Glasg ow, and had passed a long life m chemical pur suits. He had had his attention directed to the purposes of th e enquiry that day, and had paid much attention to it. Mut iatic acid gas was evolved during one process of the manufacr nre of alkali during the deComposition 'of common salt. The first pro cess was to decompose common salt by mixing with it sulphuric acid, and during that process touristic gas was evolved. The proportion of gases escaping fr om Mr. Mus p ratt's chimn ey was not more than 62 per cent. of muriatic acid, and the rest w a s carbonic and ramie gases and common air. There migh t b e less than that'proportion of m uriatic acid gas, but certainly n o t more. During the decomposition of the common salt, for every ton of salt four tons of coal are consumed, The coal, by, being burnt, was converted into water and carbonic acid gas. Th e water was in a state of steam from the heat of the fire, that was to say an invisible and elastic substance like common air, and the muriatic acid was united with it. '[he moment it came at the top of the chimney, it expanded and became a visible smoke. The water was changed into the substance of a cloud. Th at cloud consisted of a congeries of hollo w bladders of water,ev ery one at a small distance from the other. The diameter of these blad ders varied immensely ; getierally they were so small that they could not be seen. He had seen them as large as peas, and so small as to he invisible. These globules, combined with mu riatic acid, were generally in the form of a cloud. It was a little lighter than atmospheric air, and of course floated on. As it went through the atmospheie, it gradually. changed again into. what was called steam, that was to say an elastic and visible vapou'r. after which it dispersed, but the process was a very slow one. It never fell till it was all dispelled. The muriatic acid was changed again into muriatic guts, which moved at the-visible rate of 1000 feet per second, Si) that by the time it got to a cer tain distance, depending on the state of the atmosphere, it was impossible that there could be the least particle of muriatic acid n the atmosphere. The gas would one day travel a long dis tance, another it would go a short distance. He had examined the air at a distance oft of a mile from the alkali works, and could in that air detect no muriatic acid at all by the most deli cate test from the largest manufactory of this stm t that there was at Glasgow. lie had investigated in c onsequence of a law suit similar to the present which was tried last veer, and he had been determined net to give his evicienc;, until he was perfectly satisfied of the correctness of his judgement. If there had been but one 'fifty-thousandth part of this acid to the bulk of the air present, the tests he applied would most certainly have detected it. The consequence of which was that the tnuriatic acid spread itsalf equally through the whole atmosphere, and by the time it had gut a quarter of a mile it was so very dilute that he could not detect it except by ' one test, the smell. It was most certain that no . mischief could be done by the,muriatic acid so diluted, He thought that few • people were properly capable of observing the white vapour impinging against anything. No witness could speak of the white vapour impinging at different distances, It was not possible - so to impinge unless the wind brought it. The vapour would gradually rise at an angle when it issued out of the chimney top till it was lost. It would ultimately become re solved into steam and muriatic acid gas, just in the same state as water when in the atmosphere. It could not be brought to the earth unless there was a ver tical wind, a water-spout, or some thing of that kind. If the v a p our, instead of assuming the character of a cloud on leavin g th e chimne y top, assumed the c h ar acter of (hops, it would fall to th e ground; and if the dia meter of d drop was one thousandth p art of an inch, it would begin to fall at the rate of ten feet in a second, the next second at the rate of forty feet, the third at n inet y feet, and so on, as the square dam time. lie never saw this to he the fact, though he had watched a chimney of the same kind for twenty years. '['he vapour, at the heights of Mr. Muspratt's chimney and Everton hill given, •must necessarily pass over Evertou hill. It would be contrary t , m a law of nature if.it did otherwise, unless there was a wind blowing it down. He should attribute the rUstillui Of the metals talked of to the primary and great cause tf,it —the moisture of time atmosphere. If a person were stand me:3oo feet from the base of a chimney as described 228 feet higqi, vomiting forth this vapour, the proportion that w - athi pass to him would he one-ninety-thousandth part per volume, that is if the muriatic acid gas were pure; but, in order to get at the actual quantity he would breathe , . the% must multiply that quantity by sixteen, which would be less than one-millionth part. if there was a w i n d, it would have time tendency to make the gas go all. on one side, and then the quantity or g as so breathed would Ime one five hundred thonsandth part. That was• an established law of nature, about which there could be no dente. Muriatic acid gas had no effect on meat but what would wash off directly.' The examination was continued at great length, which our limits oblige us to curtail. Cross-examined.—All gases expanded according to the same 'law. The rate at which the vapour moved would depend on the Velocity of the air. The gas, 'C hen it escaped from the tip of the chimney,- combined with the action of the atmosphere would not be so *heavy as common air. Rain did not always fall its lines; a wind wotild prevent it. He could not rre cisely tell where a drop of acid would fall, driven by a current of air, without the velocity of the atmosphere was If the vapour mire got to the ground it might float along the sorfaee, anti, With as much as 6-1 ; per Cent. of muriatic acid in it, it would be decidedly injurious to vegetation. It would kill men, woman, and child, and destroy every thing, if it went on the surface, for ever; but there was a law of nature which made that impossible. If it was a fuggy day it would certainly carry time vapour down with it, . If the vapour were driven along the ground it would do mischief five hundred miles off, if it went that far. Wherever it s. , !nelt there was no dispute.the gni wets prosent. It was au irritating gas, and could not be drawn : into fire lungs at elf -except in a very dilute state. It did. not mike him cough, I t was a gas that would nut only irritate but desiroy mucous membranes completely. .This wis 'he LP? 4,4,1141.01 r. . . The court then acljourtied at eight o'clock, the further hear ing of tue ease to be resunti!d in the morning. sATuuDAY. (Befisre Mr Justice Coleridge.) His Lordship took his seat at nine o'clock. The whole et the evidence in the case of the QUEEN V. M es- Pit ATT having heen got through on Friday, Mr. C UESSWELL rose to reply. He could not, he said, rise to address the jury on behalf of the prosecution, without offering an apology fur being the means of calling them together again; tint he was so much exhausted, and had been suffaring.so se verely front indisposition for a considerable time past, that he was utterly unable to go on on the preceding evening, and he thought he should have ill discharged his duly to the Corpora tion and public of Liverpool, if he had not asked for a postpone ment to rnable hut properly to fulfil his task. He had one. or two preliminary observations to make on the remarks that had fallen front his le.trned friend. It ha';l been stated that it was a contested wager by a public body, in possession of an ample public fund, for the purpose of crushing Mr. Muspratt; that it was no fair war, but one waged at unequal odds; and that, if it turned out that he could not effectually defend himself, they were to consider that it arose froth the great weight with which he had to contend. To what better purpose, he would ask, could the corporaliitil apply their funds? what could they do better than listen to the complaints of their fellow-townsmen,, , and protect those privileges which ought to he equal to all ? They came forward to help those who could not help themselves. An injury stgaiust two or three.was no public injury, and could not be, in the case of a nuisance, proceeded against by indict meet. But if they found, upon au examination of the evidence in this case, that the injury was spread far and wide, and in a degree that depreciated the value of property, invaded the com forts of multitudes of people, and produced great distress and inconvenience, then the proper mode was by.indictment. Let them mark the condition in which Mr. Muspratt was placed by the mode of proceeding that had. been adopted. He had had but one action entered against hint, and he would have the costs of but one action to pay. If one hundred and fifty actions haul been brought, he would have had to pay the costs in every one of them. He knew of no better way of crushing an individual than that of involving him in one hendred and fifty or two hun dred lawsuits. ills friend said, they had called people who spoke only of Mr. Muspratt; that the complaints that had been made were the effects of vulgar prejudices directed against him; •that the effluvium had obtained the name of the Muspratt smell; and, in fart, that he had called people to speak of Mr. Muspratt only. if he had called witnesses who had spoken of other par ties who had produced the vapour, what would have.beeu the cry then ? Why, it would have been said, that he bad called peo-. ple who spoke of touriatic gas only being produced without. speaking of any particular individual as having produced it, but merely proving that others produced it as well as Mr. Muspratt.. He would call their attention to the distress, discomfort, and loss which had been suffered ut Everton, and in the inure itnme- • diate neighbourhood of the works, all of which was attribeted to Mr. Mos.prata His learned friend had set up two defences, one of which was, the gas was not injurious, and the other, that it was impossible fur it, because of certain laws of nature, to get 'near the parties who complained. lie was glad of this, for, if two evidences which. were inconsistent with each other were set up, they either neutralised each other, or, as it generally hap pened, fell both short of positive proof, and, in such circum stances, two halves would not make a whole. They would now see the state of the village of Everton, and examine how the gas had effected it. It appeared that it was about twelve years since Mr. Museratt first introduced his alkali works, and very soon afterwards it. was surmised that it was a nuisance. Be it partieularly remembered, that all the annoyance from smoke, kilns, tanneries, and so forth existed before that time. They had the testimony of most respectable witnesses to the tact. No complaint was made of injury to vegetation. It was the same in the parts that appeared to lie inure inhabited; eachanan pur sued his trade or occupation without loss or discotuairt. It was s ottnv i ,lae i ie d st i haoi I,lttliteakis.ctol indicted, err.then, Muspratt could prejudice existed, a e w r1 0 ,8, 7 2, 1 19 11 ,-3 !. ( a ), v i e t,:e b j e se e 3 n rse i Nit t e a dr d . e Ali t h i tii n : l i e v, s ie.a s rty a t h o f ung a complaint unit, iu the years tall chimney. Up to that time no complaint came from Everton. All the complaints had been confined to the flat intermediate space. But, within a year or two after the tall chin - Met' was erected, Everton began loudly to complain. Why did not Evertor' complain before? It had been made evident, that all the other manufactures existed before, and the fart of the an noyance commencing at Everton at the time this chimney was erected proved, that the chimney was the cause of it. lie would be geverned by the, evidence o f' his senses in spite of the inge nuity of theorists. \Vhat followed ? Why, Mr. Muspratt was indicted by Everton ; Everton evidence was excluded, and Mr. Muspratt was acquitted. The evidence from Everton having beers excluded, how was it possible that the indictment should succeed? It was found that Everton was not within the "" 1 " boundary, and he Could easily believe that this would cause stone donlits in the minds of indiViduals who were but imperfectly ac quainted with the law. Tile municipal boundary line had now included Everton, and the case was now brought before the present jury. 'Several of the witnesses for the defence bad given testimony that showed the effects had been produced that were stated by Dr. Thoerson. The learned gentleman here proceeded to comment upon the evidence that had been brought forward for the defence, particularly dwelling upon that given by Dr. Thomson, and its variation front the facts proved in the evidence of the numerous witnesses teethe Prosecution. Was this mighty town, asked the learned gentleman, which, within the:last century, had arisen from being a place comparatively little known until it was almost a rival of the metropolis itself; were the inhabitants, with their taste for the arts, to have their town,. Which it had been their pride to adore, disfigured, to increase the wealth of the overgrown Mr. Mitspratt, who lifted his head arid destroyed the comfort and the property el others, just as some towering tree reared itself on high and flotuished, while it withdrew the nortshment front the surrounding vegeta tion ? His Lonnsint , said, it was now his duty to assist them, as far as he could, - in the discharge - of their ditch inure important one. He htar,l thought it right, considering the importance of the ques tions .both to the public and to the parties, to allow the fullest investigation, and:to allow the case to he resumed at infect/els such as Would perinit the advocates and the jury to recruit their strength, and he wished the jury now to act with the same deter mination for patient and calm inquiry. They had been very naturally addressed, by the counsel on both sides, as tut the pro bable consequences; but he Wished them to •understand, that in n,, point of view ought the consequences to operate in their minds, except for the purpose of inducing them to give the sub ject more deliberate consider,ttigm, . It would be incumbent on them to throw altogether out of their cousideration the conse quence, (which, to either party, which ever way the verdict was given, must beOf great importabce,)and todeliberate only upon the real queStien at. issue. With respect to the consequences, if thee were of Opittion, that the effect of a verdict against the defendant would be to remove a growing and beneficial branch . of trade, and to remove it to a foreign shore, they had nothing to do with it; nor would it be any defence at all, that Mr. Mus pratt closed great benefit to accrue to many individuals, and s that. was Making-a large and honoorable fortune. He was charg?il with having caused a nuisance to the inhabitants of Everton. A public indictment only extended to a public nui sance. It was necessary that they should be convinced, that the injury complained of was a substantial injury, ,and not merely such an annoyance as would be taken notice of or ly by nervous people. It must be an injury to the health, comfort, or property of the people residing within its influence. If they should find, that, in Everton, property had been depreciated by what had been done; if they should find, that furuiture had been spoiled, that iron had been rusted, that articles exposed for sale in Shops haul been discoloured or changed, (hat would be a tangible in ' jury, and would he sufficient. Though they should not find that it was productive of any fatal consequences, or any series of af fections peculiar or - dangerous, yet, if the general daily comforts of the inhabitants were broken in open, that was a substantial injury. Their next point would be to bring this home to Mr. Muspratt- Yet, it was not necessary that they should bring all home to him. The learned Judge here explained, that all the parties could not be included in one indictment ; and, there fore, it was sufficient it' Mr. Muspratt were proved to have done sonic substantial injury. If they knew any of what were com monly called reasonable doubts on the subjects, it would he proper to give hint the benefit of that doubt. He did not mean that they should require mathematical demonstration of that which was not capable of demonstration, but that they should see that the case was not encumbered with such doubts as would hinder them front coming to a general conclusion. Both par ties came into court armed with a scientific evidence. Hi s lordship dwelt at great length on the evidence, parts of which he analyzed minutely. At the request of one or two gentlemen of the jury, lie reiid over the testimony of Mr. Borstal% Mr. Mil ler, and Mr. Warner. If the evidence did not carry conviction to their minds, they would at once dismiss the case; but, if they were satisfied that Mr. Muspratt had pcoduced such a nuisance as had caused serious loss and discomfort, then they would de cide against the defendant. rf-i he w j s t jury ie,,,,z whentireda t t he t y we d i e v l e ive o r 'c e l d oc in a k; ‘ t e te izie re t m of iti ( i ; t u e i a i l it o y u . t until ha The court, which had been excessively crewiled up to this hour, was: immediately deserted by the vast bulk at he auditory. BUTTLI:WoaTti AND AN oT HER V. CA TEsWoRTII.—sPECIAL JURY CA su. Mr. Alexander and Mr. Crompton appeared for the plain tiff. and Mr. Cresswell for the defence. .The declaration stated that this was an action brought for money had and received by the defendant for the use of the plaintiff, and for interest on an account, stated. The defendant pleadial that be did not pro mise, as alleged, and, secondly, that £193 7s. 6d., pail of the money, was received on certain terms, which was denied.. This was an action brought to recover the above sum, with such interest as should have. become due. The question de. pended upon the construction to be put on certain documentary evidence. The plaintiffs, Messrs. - Butterworth and M`Dougle, were merchants at Manchester, the defendant was a Merchant a t L o ndon. The late Mrs. Duncan M'Dougle, formerly re sided at Liverpool, and carried on business at Buenos Ayres. In 1825 the plaintiffs intended making a consignment of goods to Buenos Ayres, and through the medium of Mrs. Duncan M`Dougle, the goods were sent out; and it was agreed between the parties, that an advance should be made on these goods by the defendants in London; and the plaintiffs sent out a quan tity of marino and other goods, subject to the commission Of 4 per cent.'at Buenos Ayres, and some other charges. There was an alleged breach of contract on the part of the defendant, for which the action was brought. 'The case hinged upon a point Id law, on which the terms of a future nereement were settled; and a verdict was taken fur the plaintiff by consent, subject to a special case. IWKENZIE AND OTHERS V. COCKSHoT.—SPECIAL JURY CASE. In this case - `the action was blought for the recovery of a large stun of money front the defendant, on an order by him to the Waintiff, 111`lienzie for a quantity of cotton. . In the August of 1836, Mr. Cockshot, residing in Liverpool, had some conver sation with an individual named ITKenzie, the nominal plain tiff in this action, relative toi the purchase' of some cotton. M*Kenzie was going to reside abroad, at Mobile, and the de fendant was anxious to speculate for 51)0 bales of cotton, pro vided the crop of cotton in A ii erica that year did not exceed a certain amount of bales, and that prices dud not exceed a cer tain amount fixed by himself. - But whether the markets brought the prices within his limits or not, he was desirous of having 200 bales at all events. The question was whether Mr. Coc s ksbott did not altogether repudiate the authority he. had given - to Mr. M‘Kenzie to purchase those hales for hint. It was also contended by the defendant that the specific order given, was not executed—that the cotton was tint of the required qua lity. The names by which cottons were known in the trade, were " good," "loud fair," '" fully good," and " fair." fair being the lowest quality. 11 wits contended b%' the defendant that the cottons, if ordered at all , were to be " good," and that even if he had not. repudiated the order given, still the cottons did not answer the description ordered. The plaintiffs cots tended that the order was for cottons ranging between " fair" , and "good fatr," and that the cottons sent ranged between those limits. A windier of letters to M`Kenzie from the defendant, contain ing the orders, were read. The first was dated Liverpool, Sep tember, 1836: stating, that probably his limits would not he practicable early in the season; but in the event of Mobile et,t.- tons of good gadities being purchasable at 9 per lb, freight included, ne was to purchase 500 bales on his account; but thttl. rather than not have any cotton, he was at liberty to send him 200 bales, when he thought it would be in,st to-his (defendants) benefit, though his forin,!r limits should not be practicable. The • next letter was on the 13th of October. 1930, which did not at all notice the 2;.X) bale, but. reduced the limits for the 590 to 9,1 per Lb. and in case the market increase 1, to repeat the shipment of a fair quality at 81 On the 3.1 of November the defendant wrote again to 111`Kenzie, saying he "had that pleasure on the 15th tilt.," and reducing his former limits Oct per lb, with this order, "my limits now stand 41 for good,' al for fair,' and if this should not be practicable, then TO bales to be seat when you think your market is at the lowest." The defendant's limits not being "practicable." 111•Kenzie, on this order, purchased 201) ;tales, and shipped them to Liverpool, at the invoice price of £3016, which drity arrived in 'Liverpool, but to a falling mar ket. Under these circumstances the defendant refused the cot ton, and it was sold by other parties for £1593. On the 7th of February, 1837, some time after the 290 bales bad been bought, the defendant Wrote to 'Ai:Kenzie that he was to consider the order given to hiaion the 501 of December as null and void, the market being iu the most "awful" state. It was on this re- - scinded order that the defendant refused to pay. The action was brought to recover the difference between the price for which the cotton was briught and sold. A verdict was taken for the plaintiff for £1175 8s 3d; subject to a motion. HUMBLE AND ANOTHER V. MITCHELL. The plaintiff in thii case sought to recover the difference in price, between two stated periods, in the value of 100 Northern and Central Banking Company shares. On the Bth of July, 1837, it was stated by the plaintiff that be bought the shares in question of the defendant, at £2 Ws per share, and that the de fendant refused afterwards to sign the transfer note, and com plete the contract. On the 4th of August, 1837, the plaintiff •maile a tender to the defendant of the amount of the purchase ihoney of the shares, which he refrised, and the act►on was brought to recover the difference between the price of the shares when bought and when the tender was made. The sale and the tender were proved, and two gentlemen, named Barber and Sinclair, of Manchester, were called to prove the value of the shares at those pehods. They, however, proved the value of the shares when the tender was made at £2 7, G 1 lesti than the purchase price, though no actual dealings had taken place at that rate. The first actual transaction after the 4th of August was at £3 10s, which, being within a " reasonable time" of the date of the tender, was taken as the price, the defendant object ing. A verdict was accordingly entered fel the plaintiff, damages, %EMU, costs, 40s, subject to a Motion in court. • YESTE )AY. • RANDLESON V. MURRAY AND ANOTHER. Mr. CRESWELL. and Mr. CowLING, appeared fur the plain tiff; and Mr. A LEXA N DER for the defence. The plaintiff in this case is a labouring man, and the defend ants, Messrs. Thomas and Henry Murray, are persons in a respectable station - in Livei pool. The action was brought by the plaintiff to recover compensation in damages from the de— fendants for a serious injury he received, in consequence of the neglect of the defendants' servants in lowering a barrel of flour, which fell in consequence, and broke the leg of the plain • tiff. It appeared that Randteson was enaplosed by a carter, and sent to the defendants' warehouse in Gibraltar-row to bring away some flour, when the servants of the defendants lowered some flour so carelessly, by means of can-hooks, instead of by nippers or slings, which are much safer, that it fell a height of six stories upon the plaintiff, injured his back, and crushed one Of his legs and thighs to pieces. He was obliged to have his leg amputated in consequence, and was thus, when quite a young man, rendered a cripple and unable to get his .iving. For the defence it was urged that the men who lowered the flour were not in the iimnediate employ of the defendants, but in the employ of a master porter natned Wharton. It was, however, contended in reply, that the men were in fact and in law em ployed by the defendants. Several surgeons were called, who spoke to the injury which the plaintiff had suffered. lie had lost his leg, and had never since been well in health in conse quence. Witnesses were called who deposed to the extreme. carelessness of the porters who lowered the flour. His Lord ship said•he hail no doubt the master porter employed by the' defendants, was their servant, and he did not think the men employed by the master porter were the less servants of . the de • feuil flits. For the defence it was contended that this action was t!ot up, not by the plaintiff, but by his attorney, Mr. Blaelthurst, of Preston, who made a tool of the plaintiff, and brought the ac-. tion to put the costs in his pocket. A witness was catled,named. Newton, who devosed that the plaintiff had told him that Mr. Blackhurst.wanted him to enter an action against Messrs. Murray, and promised to dO it for him fot' nothing. That he (witness) advised him to do no such thtng as he (plaintiff) was very comfortable; and •Mr. Wharton, who would have to pay the expellees, had been very kind to him. His Lon DS IP, hi summing up, said one part of the defence was, that this was a stale action brought long after the-acci dent, awl that it would not have been brought had it not hap pened that Mr. Heury Blarkhurst, the attorney, had heard of it. Any attorney.who thus hunted out actions on the principle of “. no cure no pay,' in his opinion interfered improperly, and in a manner disgraceful to an honourable profession. But the jury must take care and not mix up with the cases of •Randle son the plaintiff, and Blackhurst, the attorney for lt andieson. might be entitled to damages,. though he had had the misfortune to fall into the hands of Mr. *lackhurst the attorney. The jury, after a short consultatioil, found a verdict for plaintiff—Damages £lOO. SIENCE AND ANOTIIER ASSIGNEES, V. ROLLO. This was au action brought by the assignees of a bankrupt firm, Messrs. Moleson, Peaison, and Dempson, to recover front the defendant the price of the third part of a share in the Laten Mining Company. It appeared that the three partners of the film had purchased a a bole share in the Mining Com pany, each 'paying a share. Mr. Moleson afterwards sold his share of the share to Mr. Rollo, at the price of £3OO, of which auto he had paid £270, leaving a balance of £9j unpaid. For the defence it w, s contended that Mr. Rollo was h creditor to the bankrupt estate, and that the share gas purchased from the partnership, and ridt from Moleson individually, which was de vied hy the plaintiffs. Verdict fur the plaintiff—Damages £9O. JARDINE V. AVNEILE AND ANOTHER. This was an action brought for a breach of contract in the not“fullihneut of a charter-party. The plaintiff chartered -a vessel with the defendants, the vessel being then at sea on her. way to New York; that the vessel, (the Eliza .Grant,) if she had not taken in a cargo before-the intelligence of the charter reacted the captaio, was to proceed toltichihucto, and take in a cargo oryellow, pine limber• and. br,ing it to Liverpool. The intelligence of the charter went Otit, and arrived in New York before the Eliz I Grant. The captain, however, was short of money, and his owners had made no provision for him, so was obliged to break the charter, and take a cargo of timber from Miramichi,for which he received an order. The case was not fully gone into, but was referred, and a verdict was taken for the plaintiff, subject to a reference. BRADLEY V. HOCLDSWORTH. This was an action brought to recover a sum of £439 I7s. 61. part of the amount of a bill of Exchange for £772 Os. 61. It appeared, that in the month of April, 1836, the plaintiff and de fendant entered into a contract respecting ten shares in the London and Birmingham Railway, which the defendant agreed to sell to the plaintiff the shares in question at a distance of time of six months, at £SS premium, the plaintiff paying for them in a bill of Exchange, to become - due at the time of the sale of the shares. Afterwards the contract was altered to five shares instead of ten. The defendant wrote to his pgerif in London to purchase the shares, and two were transferred to the plaintiff. The plaintiff, meantime, had given a bill for £772 Os. 6d. in payment. he defendant fur .want of money was un able to complete his purchase of the remainingthree shares in London, and had discounted the bill given by the plaintiff, which, when it became due, the plaintiff had to take up to the full-amount. The present action was brought to recover the balance of the bill after the price of the two shares transferred bad - been subtracted from the amount. Verdict for the plaintiff £139 17s. 6d. CASE AND OTHERS V. PHILLIPS. • The action in this case was to try whether Messrs. Case and others, the assignees of Messrs. Hardisty and Kilshaw; were entitled to recover interest on an amount' of money which Messrs. Phillips and Co. had in their hands belonging to Har disty and Co. Hardisty and Co. formerly carried on business at Buenos Ayres, and Phillips and Co. had a house at Monte Video. Hardisty and Co. sent out a cargO to Buenos Ayres, but owing 19 that port being blockaded, the goods were landed at Monte Video, and Messrs. Phillips and Co. sold the cargo. It appeared them had been a long-running account hetWeen Messrs. Hardisty and Co. and Messes. and Co., gene rally in favour of Hardisty and Co., and that they charged 18 per cent. interest on both•sides for money advanced by either party. But early in Janharv. 1831, on the landing of the cargo of Hardisty and Co. Monte Video; the balance ot account be came turned greatly in favour of Hardisty and Co., and then the defendants refused to allow Hardisty and Co. 18 per cent., the usual interest of the country, but contended that it was not usual to pay interest to En,4lish merchants, or at most, that 5 tier cent. was all they ought to pay. The amount claimed, was interest upon £533, the balance in the hands of the defendant at Monte Vile. Interest was claimed to June 33, at IS per cent., at which time the money was alleged to have been remit ted by the defendants to their agents; and from that time to May, 35, at five per cent., at which time the principal was invested in Exchequer bills. The jury found a verdict for the plaintiff with 18 per cent. interest till the money was remitted, and 5 tier cent afterwards, till it was invested. coat.t,TT, PUBLIC OFFICER, &C. V. MADDOCK AND ANOTHER. This was an action brought by Thomas Arthur Corlett, the public officer of the North and South Wales bank against Daniel Maddock and a person natned Edwards, to recover front theta £4,700, advanced io them by the North and South \Vales Banking Company. It appeared that the Clwyd and Liver .pool Steam Packet Company were anxious to purchase_ a steam boat for the use of the company, and sent Maddock and Ed wards to Glasgow to purchase a steam-boat. These two indi viduals, having credit on the North and South Wales Bank to the .amount of £SOIXI, purchased a boat fur £4700, and a bill was drawn bY the seller on the company, and accepted by the company, and duly honoured; and now the action was brought_ by the Banking Company to recover this amount. For the defence, it was contended that the Clwyd and Liverpool Steam Packet Company gave a guarrantee for the amount to the Bank, and that the action ought to have been brought againit the Clwyd Steam Packet Company, and not against these individuals, who acted merely as their agents. Edwards had suffered judgment to go by default. The batik came on the other defendant as the person who accented the bill, and as one of the shareholders. Verdict for thulaintiff, damages £4700. GRIFFITHS V. FEGAN AND ANOTHER—WIGAN LAW. Mr. Cresswell and Mr. Cowling appeared for the plaintiff, and Mr. Alexander and Mr. Wightman for the deiendants. The deelatation stated, that Joseph Griffithi was the phi; _ . tiff, and Richard Fegan end John Whittle the defendants; that the defendants assaulted the plaintiff, and dragged hint through the town, and forced him' to go to a certain Town-had, and there imprisoned him, to which the defendant pleaded not guilty; and second, that the outrages were committed by hien in the execution of the duties of his office; and that within a calendar month he tendered the plaintiff £5 amends, which the plaintiff refused to have. The plaintiff denied the tender. Mr. CRESswELL, in opening the case, said, thiS was an aCtiiih brought by a Mr. Griffiths. whom he understood to be a person of great respectability, filling his position in society with the respect of all those to whom he was known. In the town of Wigan, Mr. Griffiths edited a newspaper called tbe.Wiorio Ga zette. Ile was so much in the enjoyment of the esteem of his fellow neighbours and townsmen, that he alSo tilled the office of churchwarden. Mr. Fegan was one in high station, being One olthose to whom the important office of Magistrate was assigned under the slew jurisdiction there. Mr. Whittle was the chief constable.. Sorry was he to detail to them the subject matter of this inquiry, because it was always grievous to l;im to have to bring before a jurya complaint against any one tilling the high station of magistrate. It was a most im portant office, and he for role had alway 3 been of opinion that it was of the utmost importance to the well-being of society in thiS country that those holding, that office shonal so conduct themselves as to secure the admiration of the public by the calm and dispassionate a dminishailan of the laws. Arid tie thought that the jury would say that Mr. Fegan, in his ,:onduct to Mr. Griffiths, had totally forgotten the duty which was incumbent on him as a magistrate, and, instead of using his power for the purpose of protecting those placed under his superintendence as a magistrate, had exerted that power, or, rather, by the exer cise of a power wholly uneutrusted to him by, law, had, with tha - , assistance of a constable, iefficted a grievous itthta oil tbe6 plaintiff. What was tlreTeaUSe Which first ;save. a,ffeaci : to Mr. Fegan ? Tne fancied wrong that Mr. Griffiths hao done him. He knesi dot whether it .was that -M r. Griffith bad s in his paper, exercised an opinion adverse to him, or whesner he lied not dams justice to some of his exhibitions of inagisteriat authority and judgments : he could nut profess to judge, bin they ilseuld judge for themselves whether Mr. Fegan a nd Mr. 'Sainte had n-o to gether been ,guiity of inflicting a grievous injury on Mr. Griffiths, and whether they would find oily, toe saightest palliation tor what had been dune. 'n fact, Mr. Fegan adulated that he had - done wrong, and if tie had, Whistle had dons wr'on'g aiso. it would appear that the•insgistrates of Wigan are in the habit of holding their petty sessions, and sit two together on certaiti days. Mr. Fegau nail obtained his office on the passing of the municipal reform bill. . Why by a coincidence of opinion . amongst those in the town, Mr. Fegan should ever have been reconitnended to the important office of magistrate, he ceui9 not guess. Unquestionably it would strike all, that Mr, Fessau could be little adapted by education, by feeling, be - occupation or judgment, for the office he filled, and left them to regret that the magistrates should nut have been appointed by the respena smithy of the crowu's minister, rather than on the reconirueeda tion of others whose judgment in the 'matter could be little re lied on. It would appear that Mt. Griffiths was in the haoit of taking notes before the magistrates of such cases as were likely - to create public interest. Every newspaper editor employed some persowto attend in courts of justice whose proceedings at tracted attention, to take note of such cases as were calculated to give pleasure or interest the' readers of their paper ; but was it ever heard of till the present time that a judge—in- , deed, they • would not care anything about the matter in any of the higher courts—snootmi get into his head that .a a newspaper. editor was to publish every case that was heard in his court. It was one of the absurdest within* he ever heard in his life. It appeared that Mr. Fegan had taken great offence against Mr. Griffiths because he had not published all the reports of all the cases brought before their vini•ships the magistrates of Wigan. Perhaps Mr. Fegan was anibitious of - the fame of some of the London police magistrates, renowned in the reports for their savings and the laughable cases brought before them, and therefore was offended that some such case was not reported. On the 231 of June the petty sessions was .held at Wigan, and Mr. Griffiths's clerk had in the fiist gene to take notes, and Mr. Whittle told him " if he dtd not report every thinglie should-report nothing, and the clerk upon this told Mr. Griffiths, who went himself to see what was the matter, when Mr. Whittle said to hiui , "This won't do at all; you have left out Dauber's case." To which Mr. Griffith said, "What is the harm - . of that?" Said Whittle, "If You don't publish every thing you Shan't publish any thing; don't iota pose you are to sit at that table, and •take notes without." Sul , ' pose every newspaper editor in Liverpool were to publish all the trash:they talked at the assizes; the readers of tilosa papers would be utters disgusted, and vote the editor a very ereat goose - for his pains, and condemn his paper as a dull. 4 affair, and commit it to the flames, and send for soine.other • paper where better taste was shown iu the selection of matter. Mr. Griffith replied to the constable " I can't and won't." "Then vou be off from the table" said he s and take your station among the crowd, and what is more, if you don't publish every thing, you shan't come here at all." "I choose to manage my own affairs in my own way," said, the plaintiff.. " Oh, take him to prison, take ,him to prison," said theanagisfrale, and Mr. Griffiths was accordingly seized by two constables, taken through the public market, placed in custody, and lodged in gaol. As soon,as he was there, he sent for his attorney, who applied to the magistrates on his behalf to know what they intenued to do next, when they replied "that he must enter his recognizances, himself in £2O. and two sureties of £lO. each.' " What to do?" asked the attorney. "Oh, to keep the race towards the magistra - es of Wial-an." (Laughter.) The jury would say what compensation should be paid for this injury and insult on a respectable man. Mr. Fe gan had afterwards aggravated that insult by offering £5. in compensation, when an apology far his comfit( t would have been worth ten times £5. to Mr. Griffith. He called Wm. Greehadge, who deposed that he was in the u.6ce of the plaintiff, who was editor of the ' Wigan Gazette." Mr. fegati was a Justice of Peace at Wigan, and Mr. Whittle was the Chief Constable. Mr. Griffith had been in fire habit of attending the Petty Sessions for the purpose of reporting the cases that came before the Court. On the 23d June, witness Welt to the Petty SesSions for Mr. Griffiths, and Mr. Fegan was there on the bench, and Whittle was present.. Whittle asked where Mr. Griffith was, and then asked him why Dauber's case was not re ported. Mr. Fegan inquired of Whittle, ." What is to do now?" and Whittle said, " Another case left out,"—(a laugh,)—and Fegan said, " Aye, let me see, that case of Dr. Lambe's was not in;" and they went on grumbling, and he (witness) said he would go and fetch Mr. Griffiths; and he came and took his seat at the table where he usually sat, under the heist+. Whittle asked hint wily that case of Daub e r' s w as no t and Mr. Grif fiths said, " Idun't know," and Whittle said, " If . you come here you must report impartially ; you are not to pick out cases here and there; you must report all or none." Mr. Gritlithri said, " He should do as he thought proper, and no( submit to his interference." Whittle then said, " Stand behind among the crowd; you shall not sit there at that table. Mr. - Griffiths said, " He should not leave the room till they made that a clear court, and then he should leave it with the rest of the people." Whittle then said, Leave the room, Sir:" Mr. Griffiths said, " I shall not." Mr. Fegan thin said, " lie must either report impartially and correctly, or ha. shall not report at all, and he shall not sit at that table; and unless he reports every case, Fie shall leave the room." Mr. Griffiths then said to Mr. Fegau, " I wish you would mind your business and I will mind mine." Both Mr. Fegan and Whittle then ordered him. to, leave the room, and he refused. They then called constables, and ordered them to remove him; the plaintiff seemed unwilling to go, and Fegan called out, " take him up Milgate, take him up Mtlgate, take him to prison." The plaintiff was then conveyed between two constables to the lock-up, a-here he remained about half an hour, till he was released on bail being given for hint by Mr. Ackerley, his attorney, and another gentleman. The wit ness was cross-examined at great length, to shoor that both the plaintiff and defendant were irritated. Mr. Ackerley, solicitor, proved the giving bail for the libera tion of the plaintiff. Mr. ALEIANDER raised a point of law, if his Lordship did not think the defendant justified in 'Committing the plaintiff ore the ground of his being insolent to the magistrate in the execu tion of his office, quoting Chitty's edition of Burns, vol. 3, page 564. His I,Oitostile overruled the point. He said, we Should live in a strange country if a magistrate had a riabt to do that. Mr. A I.le)C A N VRIt then addressed the jury for the defenee, lie said, they . most attribute the unlawful proeee,ithg of the oiattis, trate to his ignorance of the-hew, and not. to a..wilful breaking of it. He lamented with his friend Mr. Cresswell, that thdi. either that r: ' ; l t t i . : tl"rl ; injury pre class of persons admitted as mag istrate s under the municipal act, v. ere not fi tted. for their. station by vitals o ccupation, or'feeling. He contended; t the. defendant was small, as he had only been imprisoned twenty' minutes, and called on the jury to give light (Iy' wages. jury His Loans» le briefly summed up the ease, d found a verdict for the plaintiff damages £7O, BAPTISM of CONVERTED Jaws.—We understand that on Friday evening next, a sermon will be preached in St. Simon's Chapel, Sir Tnninas' Buildimzs, to which "the children „r thu House of Israet" are invited, and that two converted Jews Wilt be peptised on the occasion, making a total of sowenieen since the above place was opened for divine worship, under the ministry of the Rev. H. S Joseph., We rejoice to find that so many of the Jews in this town have been led to embrace chnsti anity. Several others are now inquiring after the truth and under probation, previously to their admission into the christian church.. It is gratifying to witness such conclusive evidence of ,the futility of those arguments which-have been so much pressed - uNin the christian public to dissuade them from all exertions for the conversion of the Jews. LIVERpOHL AND New YORK STEAM NAVIGATtoN COMPANY. —Gteat surprise has been expressed, that Liverpool, which is so intimately connected with New York, should have allowed London and Bristol to get the start of her in the enterprise to navigate the Atlantic with steam-ships. We understand that a company has been started in Liverpool, under the name of the " Liverpool and'New 'York•Steain Navigation Company," who propose to build steam-ships for the purpose of funning - between Liverpool and New York. We trust that the scheme will pros per, and that Liverpool at length, take proper place in keeping uraand facilitating the intercourse between the Old aud the New Wiuld.' We are evidently on the eve of a revolution in transatlantic navigation. STEAM NAVIGATION ACROSS THE ATLANTIC.—We have in serted, in another place, an account of the departure of the Sirius.leam-shin, from Cork to New York. • She is expected to reach that city about the 20th inst., and the Great Western, steam•slop, which was to take het departure from Bristol on Saturday, about the same time. The Sirius is, it Will be seen, - chartered by the British and American Steam NavigatiOn Com pany, who, through the failure of a party in Glasgow, were un able to get their own steam-ship ready at the time they expected. The Victoria, one of their steam-ships, of which an account is • given in another page, is building at I.nnehouse,on the Thames, • She is expected to be ready in a mouth or two, and will, when. fully equipped, take her departure from Liverpool for New,York. Of the practicability of navigating the Atlantic by steam-vessels there can be no doubt : the only quebtion to be settled is, will it par/. If it will, steam-ships will, iu a very short time. monopo lite the conveyance of passengers and light goods between the Old and the New W oral. The experiment as to the practica bility of steam-vessels crossing the Atlantic as well as to•their paying their enterprising owners will be fairly tried during the present year.—Albion. LIVE TURBOT.—We the requested to contradict the follow in paragraph, which appeared in the Chronicle, of Sat ortbi y last:— '• Lists TuanoT.—We are happy to announce to our readers, that, during the ensuing week, they will have an opportunity of ,obtaining that delicious luxury—live turbot, at an exceedingly low price. Mr. Newton, 14, St. John's Fish Market, has, we believe, received an abundant supply, at prices Varving front ninepence to a shilling per pound."—We are assured, that no such article has been recently imported into Liverpool. We are also informed, that it is not true that the Coleraine and Port rush Salmon Fisher y hai been let, as announced in a former number of the same paper. Pouricat. UNioNs.—At the Waiwiek Assizes on Monday last, Mr. Justice Park, in the case of Forty r. Allport, said, that political unions were disgraceful , to all men who were members of them, and ruinous to the country. As an old man, he re commended all young men to avoid any connection with them. AL vast ne Pron.—Early on Saturday morning, .6 denSe slnoke was perceived by one of the workmen who sleeps on the premises of the extensive colour works of Messrs. J. and 3. Taylor, Sed don-street. lie instantly aroused Mr. Goldsmith, the principal assistant, who, without waiting for his clothes, fortunately suc ceeded, by dint of great exertion and preseoCe of ,mind, in ex tinguishing the ,flames before they had committed nuyeousider able damage to the propert y . But for this prompt interference there can be no doubt, front the intlainthable nature of the Ma -1 tetials used ou the works, a Inuit disastrous couflagratiun must have ensued. Tits DisvkiissßlES.—Ther'e is, it will he sec n by the atltet fisement, a vacancy among the phyificians helongiog to these, institutions. Dr. Nicholson, who hits held the situation Of phir- Sician for seventeen vears; has found himself under the neeeiiiit . y,. from the pressure of his private practice to resign his office IMO the hands of the committee. We understand, front gentlemen , whose connexion with the institutions has given them amplti means of observation, that Dr. Nicholsou hak, during his long . period of Servitude, displayed the gi eatest i teel ti the performance of his professional duties, anti that the committee, while they recognise the neteSsity; regret the fact of the resignation of ail Skilful and zealous an 'officer.—A/bion. Tn't NORTH UNION RAILWAY.—This great undertaking iii, in rapid prOgreSS towards completion ; and notwithstanding the many unforeseen and unfavourable circumstances that have,. from time to time, retaided the works, the whole line will probably be opened towards the end of August. • Coat-PIT ACCIDENT.—On Tuesday last, Thomas Lorgworth and Joseph Lawton; two colliers, went into the pit at Fat ri Aiirth, near Bolton, to make some repairs in the wall,during the L:b,_euce of the wit krueo ; when either chink want of caution iii tAivg out the bricks and stones. or by misadventure, a great portion of the wall fell down with such torte as to carry Longworth along with it out of the tub in which he stood; and having forced the timber in which the conducting rod if fastened, the whole was pi ecipituted to the bottom. Lawton remained in the tub 1 but when brought out, both men were dvidr. Lawton has Jen d widow and one child,. and Long 'min titintl OW and throe ttAldteill to bewail their loss; ~ . . .;.. .• - ,