The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1844-08-20 00:00:00

August 20, 1§44. .NCASIIIRE SUMMER ASSIZES. On Thursday afternoon, the Commission for the South ern Divi s i on o f this county was opened in the C rown Court before the Lord Chief Baron and Mr. Pistice eresswell, who left Lancaster by the one o'clock train, ttnd arrived in Liverpool at five. They proceeded direct to the Crown Court, accompanied by the High Sheriff, Jahn Fowden Hindle, Esq., of Woodford Park, near Blackburn, and the Under-Sheriff, James Neville, Esq., of Blackburn. The Mayor, the Town-clerk, Col. Tern- Peat, and other gentlemen, were present ; and after the Commission had been read by the newly appointed Clerk Of the Crown, Mr. T. S. Shuttlewortb, the court was adjourned until half-past eleven o'clock the following ning. 86 '1 1 11 and wrcilttelena t Assizes contains a list of 'at. for the presen O Prisoners. Of this number, 16 can read, 30 can read_ Yl2 imperfectly, 28 can neither read nor write, and can read and write well. The ages of the pri toilers thusng from 16 to 81. The cases to be tried may "P lassified :—cutting and wounding, 6 ; throwing altriol on the person 2 ; manslaughter, 7 ; burglary, 13 ; horse-atealin 2 ; highway robbery, 7 ; bigamy, 4 ; for &err, 4 ; offences against the Mint, 5 ; rape, 4 ; unnatu frala crime, 1; attempts to murder, 5; returning from tiunrdspeorr,talti.on, 1 ; concealing the birth of a child, 1 ; Mur misdemeanours , 2. To this catalogue will dou btless be a dd e d t h e name o f G eorge. Evans, for the h der of at. Jane Millins, at Manchester, on Wednesday an Ti l e Chief' Baron sits in the Crown Court, and Mr. tee Cresswell in the Nisi Prius Court. ...The Salford Hundred list, for the present Assizes, has ses, and the West Derby list has 95 causes set dawn for trial —in all 132 causes. Is C / o Friday morn i ng, at a quarter to eleven o ' c l oc k , th e abse uud ges attended a t St . G eorge ' s Ch urc h, w h ere , i n the nce of W the Rev. J. . hiaker D.D.,car of tiwelareekrbeuardnb, and Chaplain W to the tt High ' Sheriff, prayers the Reverend J. B. Monk. Their Lord libiPs then proceeded to the Sessions-house, and, at half test eleven o'clock, the Right Hon. the Chief Baron, Sir Frederick Pollock, Kt., entered the Crown Court. He W as dressed i n hi s full robes as Chief Baron of the Exche quer, ...,The Court was opened with the usual formalitie§, and 'awn the following gentlemen were sworn as John Th THE GRAND JURY. • ;,parribe Tempest, Esq., Tonge Hall, Foreman. T he - Hon. Lindsay, Haigh Hall. Peter Geo rge Granville Francis Egerton, Worsley Hall. Ainswcrth, Esq.. M.P., Smithill's Hall. Peter Bourne, Esq., Heathfield. 'Samuel Brooks, Esq., Manchester. William Entwisle, Esq.. M.P., Rusholme. Joseph Fielden, Esq., Wilton House. Frederick Sewallis Gerrard, Esq., Aspect House. Gilbert Henderson, Esq., St. Anne's Hill. Joseph Hornby, Esq., Liverpool. Joseph Langton, Esq., Liverpool. John Frederick Lees, Esq., Werneth. Wm. Marshall, Esq., Penwortham Hall. Thos. Moss, Esq., Otterspool. John Lewis Phipps, Esq., Doe Park. Shakspear Phillips, Esq., Barlow Hall. Joseph Ridgway, Esq., Wallsuches. Thos. Sands, Esq., Elm sWood, Mosley Hill. Humphrey de Trafford, Esq., Trafford Park. Samuel Taylor, Esq., Eccle ston Hall. Wm. Gerard Walmsley, Esq., Westwood House. David Willis, Esq., Liverpool. The CHIEF BARON then addressed the Grand Jury. die said, — Gentlemen of the Grand Jury, in addressing to You a very few observations on the calendar of prisoners W hose cases will be brought before you, I am happy to 'observe, while it exhibits unfortunately, a deplorable -combination of every possible erimethat can be committed against the person or the property of her Majesty's sub ]acts, almost without exception, it contains no cases of sedition, or of any act tending generally to disturb the rblic peace ; and I observe in the cases in the calendar plorabl 'gentle of of any public discontent or disloyalty, and, -, that is a great consolation in looking over so de , lairfee cases .c ase e a catalogue, in which I find among a number of amounting to ninety, between twenty and thirty and of either wanton or wicked injury, involving the Solar • sefet Y or the health of her Majesty's subjects. tang aglistheproportion of cases injurious tolife and indica eetialks,trieegard of the law upon a matter in which the law and strong, for upon no point does the law and the la nguage an plain and so clear as that human life, s erved a e li s d a fety of her Majesty's subjects are to be pre lore. th at protected as far as possible. I may add, there handeLtint even while I am sitting here there has been gre at au , to me the depositions of a case, involving the Bloc serious charge of wilful murder, adding one ta a k e c ql 4 e heavy catalogue of that description of crime. - the 0„..‘ ese remarks specially with reference to one cose, The -sacen v. NOD. Swanton. It is in the calendar No. 7. of mac°rorter's inquest appears to have returned a verdict gi atr nslaughter, and I think the commitment by the ma eloonutriaieettreitt one of manslaughter, but I think it right to a c t all ion . to the case, and to . explain toyou h 'he fts e view of the law applicable to such a w case •, iud ei t may be by no means intended to withhold . your vtirgetn.Anett,enrd I think it will be a fit subject for considera you will go beyond in your inquest that Aria in the coroner's inquest was found,and send up the by a ti ers for trial. It appears to be a case of an attack lan e on his wife. I abstain from using any harsh iadT a _ zt ,ge. I abstain from using any expression that may se nse g e l any excitement of feeling, or any thing beyond the_ feelt o ,, , w rong, and the sense also of compassion and of thhi„,;:ards the other sex, whenever exposed to any cetoritZe_l,Keepnveijodeennze or outrage, but it appears, according that the wife of Wm. Swanton died in Provoked be of an attack made by him upon her, whether aoY misconduct on her part, and especily terB"all,,'"?‘'oked by any personal outrage, or pabli: sl ur s hi t I Wi ls -Inr Y On her part, it may be for you to inquire, Stlbj ect. tO the fist I consider to be the law on this t be demi. il l the first place, whoever has been the cause of firm . ii;;...._ofea fellow creature is held responsible, in the iies o n 4: 1 _ 11 e, as having been guilty of a murder, and it cr eatu re Party who has produced the death of a fellow tillactor t ali Y rea son 0 account for it, to explain it, and to give a that wh ich th of the unfortunate and melancholy posi tity t cria le. G party stands apparently charged with xtrd,heGentlemen an assault or blow will not jus to raja au oth e ce that shall; produce death. If a person b ra " I 'e the Cr,e if the blow be not violent, be not such as breast if theatkrerne anger which may exist in the human mistakeer°us w e :low be lenient, and it be returned by a re ta to s ap NM. that is undoubtedly murder. It is a nahr D ose l that every little provocation, and be it provocatio n tha •. it i t s 411 5uage alone will never furnish such justif len y " ( hence t h' Mistake to su ppose that:any assault will lye ce to produce .1:shall en d i n d eat h, espec i a lly if th e vio s wee tendin g et h has been accompanied by use of any wanP ton they e ° ° Produc e death. In the case of William of th 9 di fficult,-i n !vas nr , ; such instrument used, but I have e nle•rar:sttaY.alg down the law to be, that such a use arm ed w ith ir a man may have (by clogs or shoes ciao b y h ; ,, 0n) indicating a cruel—indicating an inten np ' 4 acts, of doing some very grievous wrong—indi filVidilal:atire disregard of the life and safety of the in would, b respect to whom he is exercising that violence, Part Y law, make him responsible for the life of the 08._,Yaso attacked, in my judgment just as much as if he You com e etuhrtderous weapon. It will be for you to say when theeoreexisamani7ex cu se e vfiodretnhcee violence be laid that abtefo that re yo hue.you, "and used towards his wife. It will be fo r you to con alder wh e th er t h e nature of the attack that he made her—whether the nat ure o f the attack and the of it, the part o f h er person that was the subject o f violence indicates th a t t o your minds— always , gentle his remembering that i n th e course of the discharge orrtelte solemn and severe duties of justice, you are still to re member the infirmities of our common nature, and to take into your consideration every circumstance of eras_ Aeration, which, in your judgment. although nothing jus tifies, but which palliates the extraordinary violence that a ppears to have been used. But I call your attention to It in order that you may do your duty, taking care tern teratelY to exercise the important functions that belong i l t / n 7 mt, and, at the same time, that it may be abundantly •whtr that those extraordinary acts of violence with calendar appears to be full, are not such as the that Ittlot visit with the severest punishment ; and, also, th e i t s made out by the inquest on your part, and verdietl - on the part of the other jury, that the case is Which othreduiaturally falls within those principles against has directed its most solemn and most se ta namely, cases of wilful murder. Gentlemen, Tcite au „ t iarY duties that you have to discharge, I am he e need no information or assistance from me. a lzher MPort ant f of years that many of you have exercised the u_ unctions that belong to the offiee, renders it r ..,,iyutnoeceaarY for me to remind you that your duty Patt the ascertain whether there is evidence sufficient 18aZiaa You t i)r tY on his trial. With these remarks, I 3: t e ne ?l: s au ! i ° l l ii i r seliar ge your important duties." tud awf -ur a t ta . Y then retired. N „, ally, untied raaliciously, and feloniously stabbed a grie k r „ i n, aged 37, indicted for having, at Wigan, iga n n d , ei ta Zraas 47 4 arm, was found „Ddiniy.,h ‘..attera ' ll, with intent to do him some nt oui t P. ' ri g him 8° " , 27, pleaded g g u u i i l l t t y y of to aannainsaduicltt.me to °f co r - wi th having at Manchester, thrown an teburn and rpive fluid upon Phoebe Cockup, with intent i c,hard . &.:figure her. taancuester ° Mouse, 17 was found guilty of having, at dl s,agnaure her. fr eY a ' un lawfull • • h uon Jane qua ntt „, and maliciously t rown P , °' aquafortis, with intent to burn ana to the usi guilt y h ouse of T e 18, charged with committing a burglary P at ,. sePh Gregory, at Manchester, was found N vantur ic k 211' e WaiaZ • r ec, 30 -132 grie vah ntet i vy was found guilty of stabbing and s d efenc e . " b odily A voY, at Rainhill, with intent to do d• The hartn.—ln all these cases sentence "e court rose at half-past five o'clock. Mr. NISI before J ust i ce cl 411 IS COURT.—FRIDAY. 12 re" o e k, ell took his seat in this court a little , Th e luou ty AO rd plaintiff , BA RT Ey th at is nt—eat"attnis b °f the v..WORSL . hitch er of A re is Sir Oswald Mosley, Bart., le Aded 1, 0 , in vi ' a nchester, and the defendant . , a 0 ation of the right of the plaintiff, feati he a nd others a stall not authorised. It was stated Und 44 the r i s" er a had of de - lord gut of the lord ofneforthe sev :cn ot bi d erdictsthe manor.. The case was e a were Mr. a ir for th e . . hers of a similar nature. plaintiffs In all. 4or P ° i 2 uct u• ItEDELLIEN. th e d ole plaint., with whom was Mr. Compton, appeared It w e t ° dant! fl; an d Mr- Watson and Mr. Atherton for Paytt, as action brought to recover the sum of £3OO as 44 eact goods sold and delivered. The plantiff is blew urer at M ba rga iii n tie de laic Manche and the defendant a i dealer in t hat was „,.. n es, at the same place. In January last a Ilrldredlatter should b h e '"a between the plaintiff and defendant, leality of Pleces o f up on as the rn o u e s li u n p e pl d 'ed by the former l w e e laines, a samp i of the so 11^-. 1%. .- bl eb Was shown at the time. The price was as Pos h . goods promised to be delivered as During the month of February, at s veral different times, the goods were delivered at the ware house of Messrs. Cook and Unsworth, where the defend ant occupied sotne rooms. At the latter end of the month application was made for the payment, but the answer was, that the goods delivered were of very inferior quality as compared with the samples shown by the plaintiff. The plaintiff subsequently admitted that the article was some what inferior to what had been shown in the sample, but offered to take them back on certain conditions ; but the defendant being in London, this was not acceded to, and ultimately the present action was commenced. The de fence was, that the article was of an inferior quality. The Learned JUDGE, in his summing up, explained to the jury that the only question for their consideration was whether the defendant, by his not having returned the goods on finding them of inferior quality to what he had been led to expect, had not legally accepted them. Upon finding them bad quality he should immediately have re turned them; but this he bad not done. It was, how ever, very clear that the article had not been of such a quality as the sample shown to the defendant, when making the bargain; and if the jury found a verdict for the plaintiff, they would take that fact into consideration, and find damages only for the real value of the goods, and not what had been specified in the original contract. The jury found a verdict for the plaintiff, with the de duction of two-and-a-half per cent. and the seven months' loss of interest to the plaintiff; CROWN COURT.-SATURDAY Joseph Walton, aged 19. charged with having wounded William Lees, at Ashton-under-Lyne, in June last, with intent to do him some grievous bodily harm, was found guilty of a common assault only. Joseph Farrell, 54, was found guilty of having caused the death of his wife, at Manchester. The prisoner and deceased had quar relled on the 21st of July, when some things were thrown by both parties, after which, the prisoner struck deceased a blow on the head, which caused her to fall on the floor, in which state she was found by the neighbours. She died on the Ist of August in conse quence of the injuries. A daughter of the prisoner witnessed the occurrence, and said that the prisoner received great provocation. Sentence deferred. Edward Maylett, 25, charged with having caused the death of a boy, named Thomas O'Donnell, by pushing him into the canal at Manchester, on the 23d July last, was acquitted. It appeared that the prisoner gave deceased a push, but that his fall into the canal was the result of mere accident. In the case of George Branscombe, charged, under three indict ments, with having caused the death of James M`Donald and Bridget Hart, at Bolton, from want of due care in the management of a steam-engine, by which the boiler unfortunately burst, the Grand Jury cut the bill. Thomas Butterworth, 33, charged with having entered the house of Mr. Robinson, at Manchester, and stolen five dresses, some jewellery, and other articles, in April last. The charge of burglary was not made out, and a verdict of larceny against the prisoner was returned. William Riley, 22, and Catharine Carter, 20, were charged, the former with having stolen certain property from the dwelling-house of Elizabeth Dicken, of Manchester, and the latter with having re ceived the good s , k now i ng t h em t o h ave b een s t o len. The prisoners were found guilty Riley had been previously convicted of felony. NISI PRIUS COURT--SATURDAY. ANDERTON V. GRUNDY. This was an undefended action, brought by the plaintiff, a dealer in woollen waste, at Rochdale, against the defendant, who resides near the same place, to recover the sum of £l3B for a quantity of blue-tly.—Verdict for the plaintiff for the full amount. FOTHERG/LL AND ANOTHER V. M`CARTNEY. Both the plaintiffs and defendant reside at Manchester. The action was undefended, and a verdict was returned for the plaintiffs for £3O ss. 4d. FISHER V. HOWARTH, JUN, The defendant is an attorney at Bury, and was employed by the plaintiff to recover a sum of £5O from a person of the name of Elton, which he received, but neglected to hand over to the plaintiff. A verdict of £5O was returned for the plaintiff. DOE DEM, BATEMAN AND OTHERS V. LEVER AND ANOTHER, This was an action of ejectment, brought by Thomas Bateman and James Holt Heron, the surviving trustees of Arthur Clegg, to recover possession of a warehouse in Banks-street, Manchester. The defendants pleaded not guilty. Mr. Martin and Mr. Cowling appeared for the plaintiffs; the defendants conducted their own case. Mr. MARTIN stated the ease. The plaintiffs, he said, were the surviving trustees under the will of Mr. Clegg, a gentleman who carried on the timber trade in Manchester, and died possessed of property to a large amount. The defendants were a Mrs. Lever and a Mrs. Nelson; but who those were it was impossible to say. The action was brought to recover possession of a warehouse, which, in April last, had been unoccupied for a year, because of some intended improvements in the town, which, it was thought, would render it necessary to have the building taken down. At that time the two females, Mrs. Lever and Mrs. Nelson, broke the locks, took possession, and barricaded themselves inside, and there they remained ever since. Under those circumstances, the sur viving trustees deemed it necessary to bring an ejectment to turn them out. It appeared that Mrs. Lever asserted, that, about seventy years ago, a person, named Hamilton, lived in Manchester, and that, at his death, either herself or her husband became his heir; and, while there was no doubt that such a person had lived and died in Manchester, it was denied that the warehouse in question had ever belonged to him, or that the Levers and Nelsons had the slightest legal right to the possession of the same. The learned counsel proceeded to show how the property had fallen into the hands of Mr. Clegg, and to prove a continuation of possession in him and his trustees from a very early period to the present time. Some laughter was excited, at the close of the case for the plain tiffs, by Mr. Lever, a young man, apparently a mechanic, express ing a wish that his wife might be permitted to address the jury. He said his "better half" was fully acquainted with the whole of the circumstances, and that she would be able to make out her case in a manner satisfactory to the court. Mrs. Lever, a thick-set little woman, here stepped forward and assured his lordship, that, if he allowed her to deliver the speech for the defence, she should establish her claim to the property be yond all reasonable doubt. His lordship said she could not be heard, as her husband was in court, to which she replied that her husband could not read, but she could. His lordship, however, declined to hear her, and said she should have instructed her husband before they came into court, and a verdict was returned for the plaintiffs. SIIELDRICII AND DAWSON V. BARBER Verdict for the plaintiffs, fustian manufacturers, Manchester, for £2B 2s. Ild., for goods sold to defendant. Undefended. SANDFORD V. JACKSON: A MAIDEN LADY AND HER PARROT. In this case, which ran considerably into detail, Mr. Atherton appeared for the plaintiff, Sarah Sandford, and Mr. Brandt for the defendant, Thomas Jackson. Mr. ATHERTON, in stating the case, said this was an action of trover brought by the plsintitr to recover use value of a parrot and cage—(a laugh)—which the defendant had converted to his own use. He (the learned counsel) saw it was impossible to mention the na ture of the goods and chattels without exciting a smile ; but, per haps, when he informed the jury that his client was a maiden lady, not in the first flush of youth, and not in the best of circumstances, they would not be so much inclined to wonder at the value and im portance she attached to her bird. She resided at Swinton, near _Eccles, and the defendant was the landlord of a public.house, called " the British fleet," at Oldfield-road, Salford. The facts of the case were briefly these, that, in the month of March, 1842, a Quaker, named .Joseph Scholefield Shaw, who was the brother-in-law of the plaintiff, had a parrot and cage, of which he was anxious to get rid, and, ultimately, the plaintiff agreed to purchase them for the sum of £slos. These were the simple circumstances under which the parrot originally became the property of the plaintiff: The future adventures of Poll and her cage were next detailed. In the month of September, 1842, Miss Eliza Sandford, the sister of the plaintiff, was in bad health, and the parrot being a lively bird, she was na turally an xious to get rid of what was once a pleasurable source of amusement, but was now considered a nuisance ; and the conse quence was, that the parrot and cage were removed back again, for safe keeping, to Mr. Shaw, and were detained by him down to February, 1843. At that time, Shaw, not being in good circum stances, was apprehensive of an execution at the suit of some credi tor, and he, wishing to avoid any question that might arise with re gard to the ownership of the bird, had the parrot and cage removed from his house, and, ultimately, both fell into the possession of the defendant, Mr. Jackson, who had ever since refused to surrender them, and pleaded, first, that he had not converted the property, and, mr. secondly, that the property did not belong to t he riingwas solely to t A h t a h t e i r , t i o s n ol a ie d n m t i h tt n e ‘ , l l htlaidattliotthvcicaigs toa d t o ru ‘s m it i h ier i i i - o a b ctio tl n g , contendedo of rh record to the .present assizes, and that the o defendant rigi originally commenced blame in this respect ; for the action had b re e who now brought it on at Liverpool, u, j suffering a bereavement, in the county court, from which it was b in law. He represented a lady ho w ble to inform the jury of the pro lpa a d r y , but, at the same time, he was pmreonovviseod,,,baystihte,,daesfetne Termed and her parrot. (A lattg—.,position to impart the necessary should have been in a po rot, case, he point • for, in the dearth of public busi nesscise nature of the attaclim h e , nt information on this knotty poi Had wuhni h t h existedze a be d t o7, e i n n s a t e m ad ai c o l e f a l of greater moment, a comm ittee had recently sat and made a the House of Commo ns, there being little to excite the attention of report. —their object beingto ascertain generally about thittee." — (laug hter,) That committee was appropriately called "the Dog Corn ., those who abstracted the pets, and thereby lacerated the feel pet poodles and (legs of the metropolis,—(great laughter,)—and to 7 i e s — o a f t eiiowmers , w ere drily punished. In other words they had i to g ascertain what became of Lady Betty's lap-dog, and to commis erate the hard fate to which Miss Brown had been subjected by the loss of her favourite spaniel, and all those sage inquiries had been duly recorded in the Parliamentary blue book, and would be handed down to posterity as an undeniable proof of the heroic spirit of the n th t a h t i , s i t f im an e goe el r v a e ct m io o n nt s h im s, il l a ie r age in which we live. (Loud laught er. ) M r. Atherton concluded 3 y u g s ty saying, ta.vtehrey presenthumou r s o h u o s ul s r b e e el b l might be in a better position to tell the • jury something of the sort of attachment which existed between the owners of parrots and their birds, but that as yet Parliament, in its wisdom, bad not given the public any light on a subject of such thrilling interest to the world at large. Mr. J. S. Shaw, a Quaker, was the first witness. He stated, that he resided at Birmingham at present, and that, in the year 1836, during the time he lived at A shton-under-Lyne,he purchased a par rot from a Mrs. Hatfield, of that town. The parrot was very poorly when it was purchased; and the arrangement was, that he was to give 30s. for it if it lived, and, if it died, nothing. Subsequently, it rallied in health and spirits, the 30s. was accordingly paid, and, after he had had it for six years, he sold it to the plaintiff. During the six years it received instruction, and was consequently worth more in 1842 than in 1836, and was worth at the later period £5 10s. Mr. BnANDT, in addressing the jury for the defence, contended, that it was a trumpery action, and confessed that he was not sur prised to find his learned friend (Mr. Atherton) endeavouring to enliven it by a little merriment. Without, however, imitating his friend's example, and beginning with Robinson Crusoe and his par rot, he should come at once to the facts ; and the simple facts were, that it was a mere juggle on the part of the Quaker to send the par rot over to his sister-in-law, in order that she might keep the bird for him until he got out of his difficulties with his creditors. Witnesses were then called to prove that the bird was sent to the in pla tiff s for the purpose of protecting i t from Mr. Shaw's c di- tors, and that it had never ceased to be the property of that gen tl eman. ,said , that his learned Mr ATTIE RToN, in the course of his friend (Mr- Brandt), finding himself in a l t p o parrot settled by chatter. rot case, seemed to think, by his loquaci ous ness, that it was all for £5 lOs., Eventually, a verdict was returned for the plaintiff and the amiable lady will enjoy the sweet companionship of her parrot once again. DANKEItI.EY V. JENKINSON. Verdict for the plaintiff £5OO, subject to reference. NATION V. DUNKENLEY. In this case plaintiff c l a imed salary for five months, at the rate of £lOO a year, in reply to which £ lO wa s p aid into curt. Verdict was given for defendant. LOMAS AND AN 'OTHER V. ASIIWON.II I . The plaintiffs are worsted-spinners, residing at Manzbester, and d ec l ar ation stated, the occupiers of a mill, near Accringto n. The that they had a right of water to flow, for the purpose of turning the mill, and alleged that the defendant had obstructed the water. The whole question resolved itself into one of law. was returned After a brief discussion of the law points, averdict for the plaintiffs for 405., subject to a special case. now Ann V. SHORE AND OTHERS. In this case, Daniel Howard was the plaintiff, and John Shore and Co. were the defendants. The declaration was in debt for a sum of £B3, for goods sold and delivered, to which the defendants pleaded that they were never indebted. Mr. Baines and Mr. Cobbett appeared for the plaintiff, and Mr. Watson for the defendants. laintiff was nonsuited. GEE V. HALLIWELT, AND UX. Verdict for the plaintiff for £l3 3s. 6d. SHAW V. JACKSON AND oniEtts. The declaration was on a bond for ,dl5O. A verdict was returned for the plaintiff. After the above case, some delay took place, several counsel not being ready to go on, from the circumstance of their witnesses, &G., having left the court. Ultimately, an unimportant case was got over, and the court adjourned at half-past four o'clock. Our report of yesterday's Assizes will he found in another column. The foundation stone of the memorial to be erected on Pensher Hill, in honour of the late Earl of Durham, is to he laid on 'Wednesday the 28th i nst. , with great Masonic pomp and ceremony, by the Earl of Zetland as Grand Master of England. THE LIVERPOOL STANDARD. an end of the case; but it was different in the case of an indictment framed upon the verdict of a coroner's jury; for in this case the prisoner could still be tried upon the inquisition. He did not know what the American Consul might do, but an application had teen made to have the cook given up, and the depositions taken before Mr. Rushton had been sent to the Secretary of State, to which there would be an answer in the course of the following day. He said that there were three verdicts open to the jury. The first was one of murder; the second manslaughter ; and the third homicide de defendendo. He thought he need not dwell at any length on the question of murder; for, if they believed the witnesses, there was an assault by the Captain. If so, it would cut the case down to manslaughter; and with respect to that offence, and also on justifi able homicide, he quoted from Ist East, P. C as to the " proof of malice," in which it is stated that " the rule of t law laid down is— that a man may repel force by force in defence of his person, habi tation, or property, against one who manifestly intends or en deavours by violence or surprise to commit a known felony. In these cases be is not obliged to retreat, but may pursue his adver sary until he has sec ured himself from all dan g er ; and if he kill of any person so lawfully defending him in so doing, it i s j ustifiable self-defence; as, on the other hand, the e killing . by wellu such felons,ast hat another lies in wait to take away the him self,ev will bgeromunrddeedr,. Buta bare fear of any of these offences, how party's life, unaccompanied by any overt act, indicative of such an intention, will not warrant him in killing that other by aay of pre vention, there being no actual danger at the time."—Agiin, accord ing to Foster, in order to render the killing justifiable, it must ap pear that the act Was done from mere necessity, and to avoid the immediate commission of the offence. Thus, a person, who in a case of mutual conflict, would excuse himself upon the ground of self-defence, must show that before the mortal stroke given, he had declined any further combat, and retreated as far as he could for safety, and that he had killed his adversary through mere necessity, and to avoid immediate death. If he failed in either of these cir cumstances, he will incur the penalty of manslaughter. It was also stated by Bl ac kstone —When both parties are actually combatting at the time the mortal stroke is given, the slayer is guilty of man slaughter; but if the slayer has not begun to fight, or (having be gun) endeavours to decline ants f struggle, and afterwards be ing closely pressed by his antagonist, kills him to avoid his own and laid hold of the cook—being at that time d estruc ti on , this ishomicide , excusable by self - de f e nc e. If the Ca p tain went,saosbehrasorbeedrnusn t k a , mad ted' or sane, it nothing mattered—and indi cated an intention of doing grievous bodily harm, and the cook bad no means of escaping from him, and it was evident his own life was in danger, the cookwas justified in taking away the life of the Cap. taro. If they thought he might have got away without inflicting the mortal wound, they would say so by their verdict. The jury, after an absence of about fifteen minutes, returned a verdict of justifiable homicide, in which the Coroner, for their sa tisfaction,perfect concurrence. The jury presented thesumal The deportment of the prisoner (who is 32 years of age) during the investigation before th e ma g istrates, was most becoming. He expressed tsheaemeshisthe Northern Hospital. to was not present at the inquest, though he might have claimed to be so. He appeared to experience the deepest regret for the unfortunate occurrence, independent of the effect it might have on his own fate. The deceased Captain is described as having been a powerful mus. cular man, and though, from the evidence of some of the crew, it would appear that he had occasionally drunk hard after his ast leaving Liverpool, the surgeon, who made the post mortem exa mination, stated that the liver was sound, and a letter appeared in the Albion of yesterday, signed by a great number of respectable parties, who state that they have been acquainted with the deceased for many years, and never knew or heard that he was other than a sober man. We understand that copies of the depositions taken before the Coroner have been forwarded to the head American Consul in Lon don, and that though some of the American authorities here appear, to be dissatisfied with the verdict given, two of his immediate rela tives are not of that opinion, and the probability is that no claim will be made for his being handed over for trial in America. HOMICIDE ON THE HIGH SEAS. Considerable excitement was cgt aecl in this town on Wednesday last, by the return to the poll of the American ship Thomas Bennett, burthen 483 tons, vilfctr had sailed hence for Charleston on the 3d instant, and put back on the Bth, in consequence of her captain, Elisha Lindsay Halsey, having been killed on board, by the cook, John Kent. Shortly after the vessel's arrival in the river, se veral constables went on board, and brought on shore the body of the deceased captain ; the alleged murderer, who had been put in irons immediately after the tragical event, was also brought on shore in custody. Captain Halsey, an American, and part owner of the ship, was a married man of respectable connexions. He was a muscular man, and about forty-five years of age. The accused, John Kent, is a native of Liverpool. and has a wife residing at 27, Great Howard-street. He is of middle stature, with a rather pleasing countenance, by no means indicative of ferocity of disposition. The crew consisted of two mates, five seamen, and two boys. The melancholy transaction took place on the afternoon of the Bth instant, at which time the vessel was a little to the westward of the Bay of Biscay. The cook was taken before the magistrates on Wednesday and Thursday, and the following are the heads of the evidence Mr. Davenport defended the prisoner. William Gibbon, the first mate, being sworn, said the ship belonged to Charleston, and sailed as above stated. On Thursday, the Bth, in consequence of the captain being killed by the cook, they put back, and arrived on the 14th. They were then in lat. 46 50, long. 9 57. At three in the afternoon the captain went forward to the galley to see after some cooking. In a minute or two at the furthest he heard a noise on deck, and one of the boys (Evans) came and told him something, and he ran forward and found the captain lying on his back on the deck, with blood on his left jaw. He raised his head, but he never spoke, and died in less than a minute. Witness did not see any wound given. The cook, and no one else, was standing by quietly looking on. He did not see anything in the cook's hand, nor did the latter speak. Witness asked him why he had done the deed, and he replied, " If I had not done so he would have killed me." He was put in irons. He was not aware of a quarrel between the cap tain and the cook. The captain previously appeared to be under the excitement of liquor : not beastly drunk, bu intoxicated. On the previous afternoon and two previous evenings he was also similarly excited. There had been a previous dispute about the captain's dinner. The captain had ordered dinner at one o'clock, but found fault with it and ordered another, saying, " Get dinner of soup ; and that d—d quick." The second dinner was not supplied before the transaction took place. Witness said he could not find the ship's articles on board. On cross-examina tion, he admitted that the captain had been drunk on three successive days, and when intoxicated he was very violent, and went stamping about the deck. The prisoner, so far as he knew, had behaved very well generally on board. George H. Munro said, he was steward on board. He stated that when the first dinner was cooked and put on the table, the captain ordered him to call the mates to it. One of them (Grennell) would not come ; the captain asked him wby, and he (Grennell) said he did not know it was his (the captain's) orders. The captain then said to witness, " God d—n you, you have cooked for the mates, go and cook forme." Witness said he was willing to do so. The witness noticed some other disagreements with the captain, showing that the latter was much excited and out of temper, and had a jealousy of some fancied at tentions witness had paid to the mates. Witness went and killed a fowl to cook for him ; but in two minutes after came to the galley and drove him from it, saying, the cook should do it. Witness then went into the pantry, but deceased drove him out of it. Witness returned to the galley, and whilst he was talking to the cook, the captain came up. The cook had brought some potatoes. The captain said, " Give me my dinner ;" and was told all was ready. Witness had a large carving knife in his hand, which the captain snatched from him, and made a spring with one foot in the galley, and told the cook to come out. He seized the cook by the shirt or neck, on the left side. The captain said to the cook, " D—n you, come out of the galley*" The cook said, " Let me go, Capt. Halsey, and I will come out." He had hold of the cook with his right hand. In pulling him out of the galley the cook, witness thought, struck him. The captain held the carv ing knife in his left hand. They both came out of the galley together, the captain first, pulling the cook. Wit ness then saw blood on the captain's cheek. He (witness) ran for the second mate. He soon afterwards saw the captain dead. The captain had had a glass of brandy and bitters that morning before breakfast, and after breakfast a good deal of brandy, and he was intoxicated. He had not been sober from the Monday before. He appeared flighty, and quite a different man after leaving Liverpool. He did not see him make a blow with the carving knife. [The knives were produced. The one the captain had was a lung carving knife, worn thin and pointed. The one with which the cook had stabbed him was a sailor's common knife, generally worn in a sheath, with a rude wooden handle.]—ln cross-examination, witness said, the cook was a good man, and the captain always spoke well of him. One night the captain was crazy, and broke the speaking trumpet against the side of the cabin. He did not think him in his senses from Monday. On Tues day he took out his pistols, but did not use them. Wit ness feared some mischief, and therefore took away the powder, and informed the cook. James Smith, a seaman, who was ten or fifteen yards from the galley, heard the captain threaten to haul the cook out. Hearing a moaning noise he ran forward, and saw the mate holding up the captain, who was dying. He saw a knife on one of the water casks. He asked the cook why he had done it, and he said he could not help it ; for if he had not done it, the captain would have done it to him. . — Albert Grinnell, the second mate, heard the captain order the cook out of the galley, and the cook say, " Let me go, and I'll come out." Witness went aft, and soon after saw the captain wounded and dying. He appeared that day to be intoxicated. There was no mutinous dis position amongst the crew. Edward Hall, an American seaman, saw the captain with one foot in the galley. He had the cook by the throat, and a knife in the other hand. He was dragging the cook out. He got forward, and the captain was then down, and dying. The captain was not to say stupidly drunk ; he was drunk enough to be " ugly," by which he meant malicious. He went about the deck stamping and swearing. The night before, while witnes s was at the wheel, he heard some loud talk in the cabin, and the cap tain came out with a pistol in his han d. He said he would be d—d but he would have h is victuals, or he would die, and he would die alone . He was ness had before seen him. He then stagger round-house. He talked to himself in the round -h o u s e, drun e k d er eo. t a h i a e n st the w c. ame o ut said he could shoot half a dozen menan c captainwe t h when n spring e e t h m William Divin e, an English seaman on board , saw the into the galley and haul out the cook. The cook had a knife in his hand, and made a blow at the captain, who was then standing. When witness got up the captain had fallen. He was intoxicated. Thomas Ewens, an American boy before the mast, said, he was thirty or forty feet from the galley. He heard some one sing out ; went up, and saw the captain lying on deck, and the cook standing over him. The captain was not sober that day, nor had he seen him sober from the time he left Liverpool. He heard some one sav during the scuffle, " Oh, don't John ; what have I done ?" Did not know who said so. Mr. G. Woods, surgeon, said he had examined the body, in the dead-house. There were twelve external in juries of a severe character ;—three on the upper portion of the sternum, three on the left side of the back, one on the outside of the left shoulder, one over the lower part of the sternum, one over the left lower jaw, one on the lett side of the lower region of the spine, one on the posterior part of the right shoulder, one in the upper part of the right breast. I conceive they have all been stab wounds, but am not quite certain as to the one over the left shoul der. (The knife was shown.) This is just such a weapon as would inflict such wounds. The character of the wounds was sufficient to have produced death. The principal wounds were the one on the right shoulder, and the other over the breast ; both penetrated the lungs. I consider that either of the last-described wounds would have caused death. I have no doubt in the world that the wounds on the body were the cause of death. _ _ This being the whole of the evidence, Mr. Rushton, after cautioning the prisoner as to what he should say, said, that as the case had occurred at sea, and under the American flag, he had some doubt whether he couldlbe tried here or not. A representation of the facts had been made to the American authorities, who might claim ju risdiction ; but if it were decided that he should be tried here, he should have the advantage of a trial as speedily as possible, and he would, therefore, remand him till Monday, when the Assize Grand Jury would be sitting. If they should hand him over to the American authorities, all these depositions would be forwarded to the tribunal before which he would be tried. The prisoner, with the advice of his solicitor, declined to say anything, and was remanded till yesterday. It is proper to state that in answer to questions put by Mr. Davenport, every one of the witnesses said that the prisoner was a good man, and did his utmost at all times to give satisfaction, not only to the captain and officers, but to all on board. THE INQUEST. csahFrederick-tconstitutingnunlEi B ai nes , nat t eio h , sac jury usesGpgerh % revgreee, Parton, — Nicholas mra l ds ' eosxDL, Lightfoot,ifa icokdr Du c k w or th , amowra C ross , hi This was held on Friday, before Mr. Curry. The gentlemen Christopher ey, ttson, George Tattersall, James Harsford Worry, and Harry Musgrove. The same witnesses were examined as at the previous ' • • inN estia• tion before the magistrates, and nothing new was adduced —with the exception of the fact that a female servant at the Grecian Hotel, where the captain resided before he went to sea, stated that she had never known him to be intoxicated while there, or even appar ently F j r n a o o n h b c n e i Francis Sch o field, F rra n t ently so. A captain of a vessel who had known him for many years, also stated that he had never seen him intoxicated. This testi mony, however, not being relevant to the inquiry, was not taken in writing. In reference to the question put by Mr. Rushton, on Thursday, as to the existence of any mutinous disposition on the part of the crew, one of the seamen addressing the Coroner, requested to be in formed of the reason why any such inquiry should be made on the part of the magistrates, stating, that if any suspicion of the truth , said the suggestion was made to inn, the rep re . ntat g of that insinuation got abroad , it would be r u i nous to the charact er of the whole ship's company , as no ca p tain w ould take them with such a e Mr. Rushton, he believed, by one of t h e magistrates on the be nc h , in consequence of the number of wo u nds inflicted on the decea se d . vsti of fmtah the attached American to them Mr. Henry se No one stated that there was a mutiny, nor did any one now assert that there had been such a thing.—The jury, one and all, expressed their conviction that the slightest grounds did not exist for suspect ing any one on board of a mutinous, or even unfriendly disposition, towards the captain. The Coroner, in delivering his charge, after noticing the import• ante of the case, said " there was one feature of extraordinary nove lty connected with the inquiry. Under the late treaty with America, it was conditioned, that where a crime had been com mitted, and the parties committing it sought refuge, or should be found in either country, upon a proper demand the authorities were bound to hand them over. In this case it had so happened that the offence had been committed on the high seas, and the reason the case had been brought under his jurisdiction was, that the body had been conveyed to this country. There was a marked difference between the proceedings before him (the Coroner) and Mr. Rushton, If an indictment were framed upon the depositions taken before Mr. Rushton, and that indictment ignored by a grand jury, there was COUNCIL PROCEEDINGS. On Wednesday the adjourned monthly meeting of the council was held. EDUCATION COMMITTEE. From the proceedings of the Education Committee, it appeared that the following was the average attendance at the schools during the past month : NORTH. SOUTH. Boys 223 l6l Girls 150 . ..... Infants The numbers on the books are—North, 679 ; South, 581. A. letter was received by the committee from Eliza beth Corric, one of the school-mistresses, stating that she had been married, and a letter was also received from Miss Holt, another of the mistresses, announcing her in tention to be married. (A laugh.) The proceedings were confirmed. GAOL COMMITTEE. Upon the proceedings of the Gaol Committee having been read, Mr. Jour/ HOLMES stated, that the average number of the prisoners in the gaol at present did not exceed 540, and that some twelve or eighteen months ago the average number was 680, besides those confined at the Kirkdale Boise of Correction. Mr. BIRKETT asked whether the new gaol could not be done without, seeing that the average was so materially on the decrease ? The question was not answered, and the proceedings were confirmed ; so also were the proceedings of the Mar kets, Borough Court, and Fire Committees. CHURCH EXPENDITURE COMMITTEE. This committee reported that the annual cost of ring ing the bells of St. Luke's Church would amount to be tween £7O and £BO, and they recommended that the ex pense be not incurred, as, according to the opinion of the Town-clerk, it would be illegal. Mr. BIRKETT moved the confirmation of the proceed ings, and in doing so, said he had never submitted a mo tion of the kind more unwillingly. He was sorry that the Town-Clerk felt himself under the necessity of coming to the conclusion just mentioned. Mr. NORTH hoped some opportunity would be afforded for reconsidering the subject, because, after having ex pended the immense sum of £150,000 upon one building, it would be rather singular if they were not at liberty to lay out £7O or £BO a-year for ringing the most beautiful peal of bells in the kingdom. After some discussion the subject was referred back to the committee for reconsideration without going to a di vision. HEALTH COMMITTEE. The proceedings of the Health Committee, comprising a recommendation to the council to authorise some fur ther assistance for temporary purposes having been read, Mr. Birkett announced that there were 1500 courts and a great many cellars in course of erection in the town, agreeably to the provisions of the new act, and that the committee apprehended not any serious inconvenience from the poorer classes in carrying the act fully into ope ration. The proceedings were confirmed. CORONER'S ACCOUNTS. The coroner's - accounts, amounting to £94 16s. 6d., were referred to the Finance Committee. ST. JAMES'S CHURCH CLOCK. The Mayor - read a memorial, signed by the Rev. Mr. Hampton and a great number of the inhabitants of Tox teth-park, praying that the clock in front of St. James's Church tower be illuminated by the corporation at an ex pense of £l2O. It was referred to the Finance Committee. THE LAND AT WALLASEY POOL. The Mayor read the following letter from Mr. Joseph Mallaby " Fenwick-street, sth August, 1844. " Six,—On behalf of the proprietors interested m the agreement for leases of the land bounding on the south side of Wallasey Pool, from the land of Mr. Brassey at Bridge-end to Wallasey Pool Bridge, I am instructed to apply to the Corporation of Liverpool to know whether they will sell the freehold and inheritance on that land, and to say that the parties are prepared either to pay the gross sum or an annual perpetual rent for the same. " Will you be good enough to lay this letter before the Town Council of Liverpool, at the meeting on Wednesday nest, for their consideration. " I am, Sir, your most obedient servant, "JOSEPH MALLABY. " The llfayor of Liverpool, S i , c." The letter was referred to the Finance Committee to consider and report. MISMANAGEMENT OF THE BATHS. The MAYOR read a letter from John Thornton, stating that he had been employed at the Corporation Baths and Wash-houses as fireman, and that he was prepared to prove, by the entire mismanagement of those places, that the object the council had in view in establishing them had been in a great measure defeated. Mr. BIRKETT observed that the writer was a discarded servant, and Mr. SHEPPARD said there was an inquiry pending on the subject. The memorial was ordered to lie on the table. THE NORRIS LETTERS. The MAYOR read a letter from Mr. James Heywood, of Manchester, brother to Sir Benjamin Heywood, asking for a loan of the Norris letters, in the possession of the council, with a view to their being made available by the editor of a forthcoming publication. The application was granted. THE FREEMEN'S ROLL. The TOWN-CLERK read the names of a list of persons struck off the freemen's roll prior to 1836, having been then supposed to be dead, and who had appeared, and now claimed to be restored to the roll. Their claim was allowed. THE LIGHT-SHIPS AND BELL-BUOYS. Mr. NORTH said he was extremely desirous of asking a question of the Chairman of the Dock Committee, or the chairman of the Marine Sub-Committee, but as neither of those gentleman was in his place, he hoped some other member would be enabled to impart the necessary infor mation. On the occasion of the late gale, the bell-buoy had drifted up the river. It was well known that the bell buoy was one of the two main leading marks ; and it was a crying evil, and one that language could not exaggerate, that scarcely a gale of wind occurred but one or other of those marks, either the light-ship or the bell-buoy, was drifted. He hoped some explanation might be given which would have the effect of settling the public mind on the question, because it was really a matter of frightful consideration. His own opinion was, that there was a ra dical mistake committed in the moorings —that the chains were too heavy ; that the lower part of the chains was embedded in the sand, and there was, therefore, no elas ticity, and that, under any very extraordinary pressure of wind and weather, the vessels parted from their anchor-. ge. Mr. EVANS said it was a good practice in the House of commons for members to give notice to those who were expected to reply. Mr. NORTH observed, that be had previously mentioned the subject to the chairman of the Dock Committee. Mr. EVANS believed that there was no providing against casualties altogether. With regard to the moorings, that was a subject which had been unceasingly under the con sideration of the Dock Committee, and in which great al terations had been made. But still where the very best materials had been obtained, it had happened that there were flaws in the iron which even the best intentioned maker had been unable. to provide against ; and he (Mr. Evans) wa s apprehensive that accidents of thi s sort wou ld occur, more or less, through all time. But he conceived when the extent of the harbour, and of this great bay, and of the great numbers of buoys and light-ships, werelooked at, that the Dock Committee had not to reproach them selves with any uncommon amount of casualties. Mr. SHAND said the subject had been repeatedly con si lered. The conversation here dropped. THE NEW ASSIZE COURTS. I kip • )uncil, at this stage, was formed into a special one, to consider the resolutions of the Finance Committee on the reference to them on financial considerations of an ad ditional advance of £5OOO for the Courts of Law. " The first resolution of the Finance Committee was read as follows That it appears to this committee to be difficult, under any circumstances, to justify, on finan cial grounds, the further advance of £5OOO for the Courts of Law, but certainly no such advance can be recommend ed by this committee without a report to the council from the committee on the Courts of Law and St. George's Hall on the past, now proposed. and expected expendi ture, and on the appropriation and fitness of the several parts of the building for the respective purposes intended, comprising the result of investigations into the necessity for the additions now proposed, and furnishing grounds on which any financial arrangements reliance can be placed, and the limit to the full amount which will be required to be provided, and on the several purposes for such outlay being satisfactorily accomplished for the benefit of the bo rough." At a special meeting of the Law Courts Committee, it was resolved that, under the circumstances detailed in the foregoing resolution, they would not carry out the instruc tions of the last council, and were desirous of soliciting the further instructions of the council as to the best course to pursue. Sir THOMAS BRANCKER said that, in consequence of this resolution of the Law Courts Committee, it was con sidered desirable to have a conference between them and the Finance Committee, with the view of endeavouring to arrange matters before the meeting of the Council. The conference had accordingly been held on the morning of that day, at which resolutions were passed. The TOWN-CLERK read the resolutions passed at the conference as follows :—" That. on the part of the Courts of Law and St. George's Hall Committee, it being deter mined to make inquiry and report to the council on the subjects mentioned in the resolution of the Finance Com mittee on the 9th instant, it is, upon the part of the Fi nance Committee, determined that, upon a reference by the council of the consideration on financial grounds of the further advance of £5OOO, that committee will recom mend that such advance be made, if the purpose for the sum mentioned in the proceedings of the Courts of Law and St. George's Hall Committee, before the council on the 7th instant, be found by that committee, on inquiry, to be desirable and proper, and the advance therefore ne cessary; it being also recommended by the Finance Com mittee to the council that the following appropriation should be expressly made towards the repayment of the xpense of the Courts of Law and St. George's Hall, and the new main Bridewell,—namely, the present Sessions'- house, Police-building in High-street, the present main Bridewell, and the Saracen's Head Buildings; and that the FinancepCommittee, as to the three first, and the Im provement Committee as to the last, should dispose of the same as soon as the sale thereof can be effected with ad vantage." Sir Tnomns BRA.NCICER. then moved a resolution to the effect that the further advance of £5OOO be made, if the purpose be found desi ra bl e an d proper, an d that the Law Courts Committee do, with all reasonable despatch, report to the council on the past, now proposed, and ex pected expenditure on the new Assize Courts. Mr. LLOYD seconded the motion. Mr. BIRKETT said he had been informed that a meeting of the Philharmonic Society had been held on the prece ding day, to consider whether they should not build a hall for themselves, upon the ground that the large St. George's Hall was too large, and that the smaller one was too small. A place to hold 2000 people was wanted. It was his opinion that the expense of the new courts would have the effect of putting a stop to all the public improve ments in the town for many years to come. It was a la mentable thing that the corporation, with their vast es tate, had no money for other useful purposes. The new building was like a grave; it was never satisfied ; it would swallow up the whole of their finances. The motion was carried unanimously. IsKANCKER AND CO.'S WAREHOUSES. The MAYOR read a memorial from Messrs. James Brancker and Co.. setting forth that the increasing com merce of the port had required an addition to the number of warehouses, and that warehouses of improved con struction were needed to prevent extensive fires, which, besides destroying vast a mounts of property, had i ncrease d the heavy charges of fire insurance ; that the attention of the council had been directed to these facts, and that an act of parliament had been obtained to regulate the erec tion of all future warehouses ; that the memoriali s t s were at present erecting warehouses in Harrington- s t r e e t on the site of their late sugar refinery, pe r f ec tl y fi re - proo f, and in accordance with the provisions of the act; but that they were now informed by the proper authorities that those warehouses would not be bonded, as they were some fifty y ards beyond the custom-house regulations, tho s e regulations being 400 yards from the docks, and the ware houses in question being 450 yards. The memorialists then referred to the liberal provisions of the Manchester Bonding Bill on the subject, and concluded by claiming the interference of the authorities of the town, to represent the same to the proper quarter, in order to obtain the re moval of a restriction which, in its present shape, was so highly objectionable. The MAYOR said it certainly seemed a great grievance. Sir THOMAS BRANCKER explained more fully the na ture of the memorial : said the sugar refinery, before it was burned, was bonded—that three warehouses in imme diate contiguity were at present bonded, and yet, that the customs refused to allow the warehouses in course of erection on the old site to be bonded. His brother was of opinion that an application from the council might induce the customs to extend the distance prescribed by their regulations. The memorial was referred to the Finance Committee. A memorial from Thomas Pickersgill, relative to a Sai lor's Home. and the impositions practised on mariners in the port, was ordered to he on the. table. The council adjourned at half-past twelve. LOCAL AND PROVINCIAL NEWS. Viscount Sandon and family with a party of friends have arrived at Burnt Norton, near Chipping Campden, where they intend staying a month or two. His worship the Mayor, Thomas Sands, Esq., laid the foundation stone of the new Wesleyan chapel and schools at Wigan on Wednesday. The Town Council of Manchester having declined the construction of bonded warehouses, a joint-stock com pany, with a projected capital of £150,000, has been established for the purpose. The Southport regaeta is to come off on the 12th and 13th September. On the former day there will be a pub lic ball, and on the latter a variety of rural sports, races, &c. At the Lancaster Assizes, Mr. Palmer, the Town Clerk of Preston, performed his one hundred and eleventh jour ney to Lancaster Assizes. Mr. Palmer completed his 71st year in February last. He was elected to the office of coroner on the 12th November, 1799. The Rev. H. Raikes, M.A., chancellor of the diocese, and the Rev. C. A. Thurlow, M.A., Rector of the Higher Rectory, Malpas, have been appointed Honorary Canons of Chester Cathedral. The rev. the chancellor " read himself in" on Sunday last. THE SWINDLING CASE.—Mrs. Carmichael, who was a few weeks ago committed for trial at the Chester As sizes, on a charge of stealing a ten pound note from Mr. Hilliar, draper, Birkenhead, but against whom the Grand Jury ignored the bill, has within the last few days been committed for trial at the next Quarter Sessions on a charge of stealing a ten pound note from Mr. Shilling law. The Lords of the Treasury have determined the com pensation to be paid to Mr. Rutter, the coroner of the Manchester district of Lancashire, for loss of fees occa sioned by the appointment of a coroner of the borough of Manchester under the charter of incorporation. The town council of Manchester is to pay him an annuity of £277, being upwards of 100 more than the corporation offered ; and the annuity is to commence from April, 1839, the time when the borough coroner assumed his office. _ _ LANCASTER ASSIZES.—The assizes for the Northern Division of the county commenced at Lancaster this day week. J. W. Patten, Esq., M.P., of Bank-hall, was the foreman of the grand jury. The calendar was not re- The civil business was unimporta nt, there be markable either for the number or atro cit y of inthgeolleynfcoeusr. re lated to the dispute between or five trifling cases entered for Messrs ia . .R o O g sone n r e and theGrim shave,the rival coroners of Wigan, and was decided in favour of the former. ST. EDWARD'S C OL LEGE.—The annual meeting of the secular clergy of the Lancashire district was held at St. Edward's College, Everton, on the 30th of July. It is remarkable that this meeting was perhaps the largest that was ever held in the district, there being no less than seventy-six priests who attended. The arrangements of this new establishment gave infinite gratification to all ; and the success which has hitherto attended it filled them with the greatest delight. The studies were recommenced on the Ist instant.—Tablet, Roman Catholic Paper. POPULAR HEALTH.—The mean term of life diminishes northwards in Great Britain. The highest in the South western counties is in the following order :—Sussex 55, Hants, 53, Devon 56, Cornwall : the decrement in the last case is caused by the shorter lives of miners. The county of Lancaster has a mean of 36, the lowest county ; in which Liverpool rates at 26. Human life in Devon is on the average, therefore, twenty years longer than in Lancaster and thirty longer than in Liverpool. MATCH AT CRICKET.—ST. HELEN'S V. EDGE-HILL. —On Thursday week a match was played between the above-named clubs on the St. Helen's cricket-ground. The game terminated, after a severe struggle, in favour of Edge-hill, by seventeen runs. The playing of Cambridge, Duckworth, Branch, and Greenstreet, on the Edge-hill side, was very good. On the St. Helen's side, Lupton, Burton, Ross, a nd Greenhalgh, were very effective. The innings were—Edge-hill, Ist, 76, 2d. 46; St. Helen's, Ist 62, 2nd. 43, Edge-hill winning by seventeen runs. PAVING AND SEWERAGE COMMISSIONERS.-At the meeting on Thursday, the following gentlemen were pre sent :—Messrs. J. Holmes, (in the chair,) Whitby, Gay ton, Fletcher, Birkett, Hornby, Ackers, Wood, and J. Lawrence. The Wood Paving Company tendered their bill, and Mr. Cunningham was ordered to report next week, as to the state of the work don e by them, their con tract being to keep the pavement in repair for twelve months.—Mr. Cunningham reported with regard to the nuisance complained of last week by Mr. Barke, that he had entered the branch sewer from the works of the Gas Company, Dale-street, and produced samples of noxious water from it, and also from the main sewer. Orders were given to communicate w ith the Gas Company on the subject.—The board determined that builders, in erecting new houses, should set their houses back in order to ob tain areas for their cellars, or if they did not, they would not be allowed to enc roach upon the footway.—An appli cation from Mr. Wh i tty for a copy of the Nottingham re port was postponed t i ll next week , it being stated th a t th e object of the Board , i n obtaining the report, was partly for information and partly defensive, against the system of Mr. Oxley, which , it was proved , w ould not answer n Liverpool. Tar e COUNTY MAGI - sr ItA ev.—There are, at the present time, 330 magistrates in the commission of the peace for the county of Lancaster, viz. :-51 for the hundred of Lonsdale, 19 for Amounderness, 19 for Leyland, 41 for Blackburn, 86 for West Derby, and 114 for Salford. The oldest magistrate in the commission is William Wilson Carus Wilson, Esq., of Casterton Hall, who qualified Oct. 8, 1799 ; the next being Lord Skelinersdale, who first qualified Jan. 20, 1800 ; and the third in point of seniority, Matthew Wilson, Esq., of Eshtonliall, the date of whose qualification is July 20, 1808. ANOTHER LARGE IRON STEAMER.—There iS now building in the yard of Mr. Laird, North Birkenhead, a first-class iron steamer, which will be the largest eve: constructed after the Great Britain, now at Bristol. She will be of 1,400 tons burden ; and Messrs. Forrester and Co., of Liverpool are manufacturing the engines, two of 560 horses' power. This magnificent vessel has been commenced upon the requisition of the Admiralty; but the particular service she is intended for, is, at present, a secret. She will be supplied with heavy guns, so as to take her " own part" whenever it may be necessary. THE NEW INSOLVENT ACT.—The act abolishing ins prisoment for debts under £2O, having become law on Thursday last, the Town-clerk adjourned his court to the Borough Gaol, for the purpose of hearing applications for their discharge, under the provisions of the new act, from any debtors confined there. The court was opened with the usual forms in the governor's office, and twenty two of the debtors being in custody for debts under £2O, exclusive of costs, and no detainer appearing against them, they were, upon their several applications, ordered to he discharged forthwith. The total amount of their united debts, exclusive of costs, was £145 Bs. 11d. Lord Brougham has sent circulars to the governors of the various gaols, pointing out, for the information of the debtors in their custody, the mode of procedure neces sary to procure the discharge from prison of debtors en titled to it under the provisions of the new act. HEARTLESS RODDERY.—About eight years since, an Irishman, named R yan, em i grated to America, and, by his industry arid frugality, succeeded in amassing a sum of £2OO, with which he intended to return to his own country and render himself comfortable for life. He ac cordingly arrived in Liverpool a few days since, and, after he had paid his passage and made his arrangements for proceeding across the Irish Channel, he found himself possessed of 172 sovereigns, which he tied up in a bag and placed in his pocket. Unfortunately, he entered a public house, swallowed glass after glass of ardent spirits, until he became wholly unconscious of what he was about, and, on the following morning, found himself in a house of ill fame, stripped of every shilling he had in the world. The wretched man is at present in a destitute condition, and hitherto every effort to discover the thief or the money has proved ineffectual. INTERESTING TO LADIES.—rhe preservation of the complexion from the burning pernicious influence of the solar beam, was for ages a desideratum in science. Half a century back ladies suffered most severely from the effects produced by excessive heat. The rapid progress of science has happily brought to light a discovery of the highest importance to the female fashionable world. We allude to ROWLAND'S celebrated KALYDOR, the auxiliary friend, guardian, and protector of female beauty. In re moving every unsightly irregularity of the skin, whether occasioned by illness, irritation of the surface from expo sure, either to cold winds, the sun, sea breezes, or other accidental causes, the operation of the Kalydor is certain, expeditious, and delightfully soothing and refreshing— never failing to realize a healthy and radiant bloom.-- See advt. COUNTY ACCOUNTS.—The Clerks of the Peace for this county have just published the accounts for the county for the last two years, in which we are glad to perceive there has been a considerable reduction in the expenses, and consequently in the amount levied upon the rate , pavers. From June, 1842, to June 1843, the total amount levied for the various charges which come upon the county rate was £97,528 Os Sd. ; in the year from June, 1843, to 1844, the amount levied was £76,982 16s 5d., being a decrease of £20,615 4s 3. In almost every item of ex penditure there has been some diminution ; but the prin cipal decrease has been in the number of prosecutions, in the charges of the several prisons, and in the maintenance of the county constabulary. Many of the items of the preceding year attending the police force were, of course, extraordinary expenses incidental to the recently estab lished body. PUBLICANS AND BEERSELLERS FINED ON FRIDAY. —Thomas Handford, publican, Cheapside, £2 is. 6d. ; Albert Jos. Winter, publican, Thomas-street, £24s. 6d. ; Jos. Cunningham, beerseller, Wakefield-street, £1 4s. 6d ; William Taylor, beerseller, Mann-street, £1 4s. 6d. ; Abraham Webster, beerseller, Edward-street, £2 4s. 6d ; James Hamblett, beerseller, Shannon-street, £2 4s. Gd. ; Edward Clements, beerseller, Cheapside, acquitted ; Samuel Williams, beerseller, Soho-street, £1 -Is. 6d. ; George Goodwin, beerseller, Hackenhall-alley, £24s. Gd ; George Upton, beerseller, Lower Harrington, £2 4s. Gd. ; Betsy Booker, beerseller, John-street, Park, £1 4s. 6d. ; John Manchester, beerseller, Renshaw-street, £2-is. 6d. ; Samuel James, beerseller, Hurst-street, acquitted ; Charles Stubbs, publican, Naylor-street, £3 is. 6d.• John Brisby, publican, Flint-street, £2 14s. Gd. • John Anderson Bust, publican, Kay-street, £4 4s. Gd. ' • Oxley Ellames, publican, Charter -street, £5 4 s. 6d.; total, £37 17s. Gd. INQUESTS.—On Tuesday. two inquests were held before the borough coroner. The first was on the body of Fanny Barns, a cook, 70 years of age, in the service of Mr. Hughes, who resides at St. James's -te rrace , op posite to the Mounti Cemetery. It appeared that she was addicted to drinking, and that, on Monday week she was found lying on the floor at the foot of the stairs bleeding from the head and insensible. She was in liquor at the time; and upon being taken to the Northern Hospital it was found that the fall had produced a compound fracture of the nasal bones. Inflamation of the membranes spee dily set in and caused her death on Sunday last. The second inquest was held on the body of Mary Dickenson, an old woman, also about 70 years of age, who, either fell or threw herself out of her bedroom window in Dawson street, about five weeks ago, and thereby fractured her legs and arms to such an extent that she died on Sunday last.—On Saturday an inquest was held before the Borough Coroner, on view of the body of Joseph Johnson, cook in the ship Cheshire, at present lying in the Union Dock. It appeared that he had accidentally slipped off the plank into the water, and that, when taken out, in the course of a quarter of an hour after, and carried to the Northern Hospital, life was extinct. Verdicts accordant with the evidence were returned in all the above cases. THE WESLEYAN METHODISTS.—StatiOnS of the mi nisters in the Liverpool District : Liverpool, North, (Brunswick Chapel, &c.:) Abraham F. Farrar, Joseph Beaumont, M.D., John H. James ; Calverley Riley, Supernumerary. Liverpool, South, (Pitt-street, &c.:) William Atherton, John Pennington, Henry Chettle. Liverpool, Welsh, (Benn i s-gardens, :) Richard Bon ner, Rowland Hughes. William Parker; Richard Saleetham, Super Leigh numerary. Chester: John H. Browne. William H. Taylor; Charles Janion, Isaac Lilly, Supernumeraries. Mold and Buckley Mount : John Bowman. Northwich : Thomas Kilner, Thomas Pearson, Ist. Carnarvon: (English :) Joseph Whitehead. Holyhead: William Parkinson. Wrexham: Joh❑ Hague, Frederick Payne. Whitchurch, Salop : Peter Prescott, William Shear man. Warrington : Benjamin Pearce, John Haigh, John J. Yeates. St. Helens and Prescot : James Scholes, Thomas Shaw. Wigan: Leonard Posnett, James S. Thomas. Southport and Ormskirk : Wm. Coultas, N. C. Prid ham. Preston and Chorley: William Horton, R. M. Ml cock, Peter C. Horton. Garstang : Jonathan Barrowclough, George Dickinson. Lancaster: John Talbot, Samuel Atkinson. Douglas and Castletoum : Edward Sumner, Francis Barker, R. J. I. Ilawksley; W. Constable, Supernu merary. Ramsey and Peel: Samuel Taylor, John Connon, John S. Jones, Ist. William Atherton, Chairman of the District ; Henry Chettle, Financial Secretary. Two WAYS OF TELLING A STORY.—The origin of " Nine tailors making a man," is said to be as follows : " A poor beggar stopped near a tailor's shop, where nine men were at work, and craved charity ; each contributed his mite, and presented the beggar with the total. Thy beggar went upon his knees, declaring they had made a man of him. For a century past, Russia has maintained a convent and school at Pekin, where her interpreters receive their education in Chinese and Mantchou. Every ten years the members of these two establishments are changed, and fresh monks and pupils are sent from St. Petersburg. During their stay at Pekin the Russians are free to see all things and visit all places, without awakening the restless jealousy of the government.—Chinese Olio. Tu RKMAN WOMEN.--I was much struck with the ele gance of their shapes and the regularity of their features. Their complexion is as fair as that of European women as they advance in age the sun browns them a little. As to their morals, chastity becomes a necessary virtue, when even a kiss is punished with death by the father or bro thermyyrf roooyi uuue nn:fddg.ai o nsmmt f , h i l t y h e offender. of the extreme severity of the Turkman in this respect, but one may suffice. Three brothers, riding through an insulated valley, met their sister receiving the innocent caresses of her lover. By a common impulse they all . three discharged their fire-arms upon her, and left their fallen victim on the ground, while the lover escaped un hurt. My host, Mohammed Ali, upon being informed . of the murder, sent his servant to bring the body to his tent, that the jackels might not devour it ; and the women were undressing and washing the body to commit it to the grave, when a slight breathing convinced them that the vital spark was not yet extinguished . ; in abort, the girl recovered. She was no sooner out of immediate dan ger, than maetnohfiyiesireaelt, father's uh o g nt f ree.d A eet l i i !)hn ' nr s egoma s tmo o hv n eeae s n:rs df i r oh e wrs p eah a til o i hdo r es, e ss d :b.oto t fl o dtsyhau t melholi of your ncstyoieosmantuneterdr sister. ios f si tlaeehsrni The ask wishes to bury her." He had no sooner finished, than the brothers rose, crying out. " If she was dead you would not have asked for her; you would have taken the body without our permission." Then, seizing their arms, they were hurrying out of the tent in pursuit of the still living victim ; but Ali's son opposed their bru tal intentions with all the weight of his father's authority. and his own reputation for courage ; he swore he would kill the first who should leave the tent ; told them that they had sufficiently revenged the injury they had re ceived ; and that if their sister was not dead, it was the visible protection of the prophet that had saved her ; and thus he at last persuaded them to grant his request. The girl was nursed for three months in Ali's family, and was married after her recovery to the young man who had caused her misfortune.— The Library of Travel. • fi _ 7iik ~.:"1 ' '1,.....". - % .-. .::.%;:-•-: ,'. . . . . , i;-;' .. . el:',-*- -•-) \'-'-' , , 44.,*....., - :. -;_t,,....-...._ • -,..,,,, i i-.... ..;=:.--7,;,=-vA,,,:, ' 3 f, l'ilV l .:i . V:.Zrttt-Y--. jPi;:',; )'" rg, 1 . - ,'sf -- ,St,,e;,,S . 14q re 13 14 1 , In" 'err OA ion nul the 'be