The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1836-01-26 00:00:00

'l.rw t !r • • 11 1' 'fit JXNUARY 1836. on the savings and doings of cur notable town council, It is a fundamehtal article in the liberal Creed, that the widest and most extensive publicity should be given to the debates of all public and responsible bodies, the liberty of the press being, " like the air they breathe," necessary to their existence. We shall freely avail our selves, as connected with the "chartered libertine," of this liberty; and, if the council act up to their professions, and do not contrive to " refer" every debateable question "to a select committee," we will take especial Care that the STANDARD shall be the mirror in which all their pro ceedings may be seen. While; however, they are debat ing, the town is knee deep in mud. Many of the streets are absolutely impassable; and we trust that our worthy contemporary of r,ord-Street will employ his spare time after the cares of office in seeing that the streets are bet ter cleansed, instead of writing down Orange Peel, to which he has so long had an aversion. - If we mistake not, there will soon be, if there be not already, two parties in the council. Such men as Mr. CURRIE, Mr. EARLE, Mr. HENRY HOLMES, and some others, wilt radical not tolerat e th e i nso l ent attac k s w hi c h th e journals of the.. town are constantly making on the independence of their' vottts ; and eve hope to see that section of the council really composed of -gentlemen separating themselves from those who are prepared to go any lengths. • One more word. Mr. THOMAS FOSTER, whose presence is so hateful to the council, and whose bare name terrified one poor unfortunate Wight out of the power of voting at all, will be a member of the council before one " short year" liar passed away. The radical leaven.must give place to men of better standing, to men of busines s who are generally more -inclined to think than 56 talk; and, if the council is to 'maintain even a passa ble character for decency, such scenes as have already occurred must not again occur, or we must have men who will aid . chi high4tinded MayOr in keeping the impertinent offenders in better order. LONDON LATEST NEWS. • • City, Saturday• Evening, Seven &deck. The accounts front Madras, to the 4th of October, notice a re port that it was the intention of the Court of Directors to give up Mysore to the Rajah. The weather at Madras and Cal cutta was favourable for the crops of Indigo, rice, &c. From Bombay we learn that the apprehensions of the failure of rice! and other crops had been relieved by the falls of rain. The large failures at Amsteidam and Manchester are not ex pected seriously to involve any of the principal houses with which they were ,connected. But few particulars are known as to the extent of the liabilities of Messrs. Chabet and Company, the bankers at Amsterdam. Their connexion was principally among the flax Ad Scutch trades. There has been very little business done to-day in the Public Securities; but Consols for Account left off this afternoon with more firmness than they had evinced during the earlier part of the day, closing at 911 buyers. For money they were not quoted higher than 91. Exchequer Bills and India Bonds are again rather lower, the former having declined to 17, and the latter to 3 prem. Bank Stock has rallied again to 215. • A great increase of business has taken place this week in the Railway Shares, and high premiums for those of the principal lines have been realized. Yesterday, however, a disposition appeared pretty general among the holders to realize, and the prices had, in some degree, declined. The Great Western Shares have fallen from Hi to 14. The London and Brighton (Stevenson's line) from 12 to 101 ; th e L on d on an d G reenw i c h from 9 4 to the London and Birmingham from 61 to 57 ; and the London and Southampton from 2to premium per share. The smaller lines generally command a premium. London and Gravesend have been sold at put., the Blackwall at 21, and the Croydon at 1g premium per share. Speculations have.been inactive in the Foreign Stock Market to-day. Spanish Bonds have only fluctuated between 498 and 491, and closed at the latter quotation. There was no price fOr Portuguese New Five per Cents. to-day, and the Three per Cents. left oil at F. 4. Dutch, Belgian, and other Securities bore the quotations of yesterday. Columbian Bonds closed at 331 to 33/, and Chain fell to 504. The Railway Shares have again attracted much attention to,- day. The London and Birmingham, after advancing to 581, declined to 57 ; and the Great Western frotin 141 to 131 prem. The London and. Greenwich have risen to 92 prem. The other Railway Shares have not been quite so much in demand as yesterday. KW BOROUGH MAGISrRATES.—The twenty:fotir -gentlemen recommended to the crown by the cointnon council to be ap pointed magistrates of this borough have been approved of by Ills majesty's udvisers, and . a notification - to that effect was re ceived here by Saturday's mail. Lord -John Russell, as if- he .-4.laaot altogetiterapprov e e 4 41re town-heti nominees, has also Rut in the commission of the peace, Henry. Mo s s, William ipley, Adam Hodgson, Christopher Bulleu, nod Francis Hay wood, Esqrs. who are lik ew i se ma;zistrates for the new muni cipal bor oug h of Liverpool.. Poor Mr, Godfrey Barnsley has again been overlooked SA LE or SeilLPTult ORNAMENTS. —Art advertisement in another part of our paper gives .detail an account of sun:try articles of sculptured ornaments, &c., which Mr. T. 13rancli in tends fo offer fur public competition, at the Hanover Rooms, this :lay week. We understand the articles are•of a very supe thr description,' and .ss:ell worthy the attention of the public. NEW SHWRlFF.—Altbough we are not enabled to say that the oifointnient of Charles, Standish, Esq., of Standish-bail, as high sheriff for this county has been officially received, we un derstand there is no doubt entertained that such will be the fact. The office of under-sheriff will be filled by Messrs. Gorat and Birchall.—Preston Pilot. INSOLVENT DEBTORS' COURT.—The next courts for the re lief of insolvent debtors will beheld before W. J. Law, as fol loWs:—Lancaster, Friday, March 18; Preston, Friday, March 25 . ; Liverpool, Monday, 'March 28. CHESHIRE YEOMANRY CAVALRY.—The Gazette of Tuesday contains the following : Commission signed by the Lord Lieutenant of the county palatine of Chester. The king's regi ment of Che s hi re yeomanry cavalry—Captain Lord De 'Tapley to be Lieutenant-Colonel, vice Wilbraham Egerton promoted. NORTH LANCASHIRE CONSERVATIVE ASSOCIATION.— A quarterly meeting of the North Lancashire 'Conservative Asso ciation was held on Thursday, Sir Thomas D. Hesketh in the chair, when, after the ordinary business of the day was tian sacted,:the conduct of on e o f it s mem b ers, an a ld erman o f t hi s borough, was brought under consideration—the result of which, we - belleye, was the dismissal of the worthy alderman from the association. We understand that the ground of his expulsion was his . havin g given radical pledges to his constituents during the recent municipal election.—Prestou Pilot. CIRCHLTS•OF THB JUDGES, —The judges met on Thursday, in th e Exchequer Chamber, when they selected their circuits for the sprint; assizes, as follows :—IC - orthern—Lord Denman and Baron Park.' Home—Lord Chief Justice Tindal and Mr. Justice Vaughan. Midland —Lord Abinger and Mr. Justice 13 osangnet. Norfolk—Mr. Justice Park and Mr. Justice Gase lee. Western—Mr. Justice Littledale and Mr. Baron Rolland. (A ,rd Mr. Baron Alderson and Mr. Justice Williams. North Wales—Mr. Baron Gurney. South Wales—Mr. Justice Colerid ge . LAUN C H OF THE CAsTatEs.—On Tuesday last was launched from the shipbuilding yard of Messrs. Robert Russell and Sons, North Birkenhead, a fine vessel of upwards of 300 tons burden, called the "Castries." built for Jos. Mendel, Esq., merchant, and intended for the West India trade. • LICENSED VICTUALLERS LICE.NSES.—We understand the committee of the licensed victuallers of this town have deter mined to petition parliament fur a repeal of the impost of fifty Per cent. laid upon public-house licenses by Lord Grey's go vernment. Mr, Divett, the member for Exeter, intends to in troduce a motion to that effect in the ensuing session ; and the licensed victuallers in Liverpool have issued a circular calling upon their fellow-townimen to support that measure. • LIVERPOOL APOLLO Cims.—On Thursday last, this Society held it s f ort i et h . ann i versary meeting at Mr. Holden's; Rich.- mond-row. About fifty gentlemen partook of an excellent din ner, and were highly delighted with the entertainment provided for them by "our host." Mr. G. Holden, pianist to the club, conducted the music,.. and the madri ga l s , g l ees; ca t c h es, an d aongs,•w ere performed in a style highly creditable to his abi s iiity as well as to the talent of the o th er musical menbers . present.. We understand the number of members is about to be aug mented.; and we are - sure such increase will soon b e ma d e up rhy -the admirers of our truly national music, the'glee, to the at tainment of excellence in which this society has been progress ing for the last forty years, and Of its success, the anniversary w e itow record.hears a . vory gratifying testimony. Tag BuRADALBANE CAUSE.—This important cause was de cided by the Second Division of the Court of Session on Wed tesilav The Marquis of Chandos was in court. The judges 'decided that the Marchioness a Chandos, (who is a daughter .:', l „'he late Marquis of Breadalbane,) was entitled to ieguirn, 4.l `en put Lord Chaudos in possession of about 4130,000. .Sco thd i G ua di a n. fio.Soinia AR OCCURRENCE.—The new year is bi-sextile; th e "tes forming its date are 1-8-3.6; the two first figures - ate the quanti ty of the two latter • each two figures combined make 9; the to ' ti tour make 18, which two figures combined make 9; mul- PY the date of this year by 9, the product is 16,521, which ad ded together' make 18. Such a combination rarely occurs, a l . V ,l n iTtsii NAVY, JAN. 1, 1836.—Admiral of the fleet, Sir g e nt; admirals of the red, 8; white, 8; blue, 13; vice admirals, red 15 ; ; white, 13; blue, 19; rear-admirals, red, 17; white, 17 ; bl ue 25 rear-admirals on retired half-pay, 27; cap tains on do., 9; total number of flag officers, 172; captains, 753; commanders, 831; retired commanders (Jan. 30, 1816), 103; ditto (Nov. 1, 1830), 185 ; naval knights of Windsor, 7 ; Lieu tenants, 3,050; masters superannuated, 10; ditto for service, 267 ; physicians, 11; surgeons, retired, 41; surgeons for ser vice, 674; assistant ditto, 281; dispensers of hospitals, 10; hos pital mates, 3; pursers, 593. St. Agnes' Eve was formerly a period of great importance with spinsters in quest of husbands, and were desirous of knowing beforehand whom they were to marry.' Ben Jonson alludes to the usage-- 4,-7—On sweet St. Agnes' night, • Please you with the promised sight, , Some of husbands, some of lovers. • ' Which an empty dream discover." Of such maids it was required that they should not eat on this day; and those who conformed to this rule called it fasting St. Agnes' fait. One of the olden methods spoken of by Aubrey to attain the wished-for gratification was, as follows :_upon St. Agnes' night you take a row of pins, and. pull nut every One, on e aft er an other, raying a pater-no s t er , stickinga pin in Your sleeve; and you will dream of -, him, or her, yep shall marry ! In Bucklnghamshire,- to this day, the practice is, not to fast, b u t a t night, observing strict silence, to eat a handful of s alt, go up stairs backwards, undress backwards, and lie down • in bed backwards ; when successful dreams are sure to be the LIVERPOOL EPIPHANY SESSIONS FRlDAY.—(Before JAMES CLARICE, Esq.,.llecordei.4 THE KING V. LUTWYDIIE. An indictment was brought against Messrs. Lutwyche and CO., soap enanhafeturers, of Paul street, by severe"l of the inhabitants of Scotland--road, for a nuisance, originating in the processlof their Manufacture. The defendants, in mitimfactur: ing alkali for the purpose of snaking soap, produced a dense, thick, acid vapour, causing all metals to tarnish, and producing congliing,.aocl a prickling sensation of the eyes iu those who came amongst it, damaging their furniture, injuring their health. &c. For this nuisance the indictment was brought. The case excited a groat deal of attention, and the court was crowded with witnesses, and the public. Messrs. COTTINGHAM and Heaineesori appeared for the plaintiffs; and Messrs. RUSHTON and MURPHY conducted the defence. Mr. HENDERSON stated the case, and proceeded to call— George Pim, distiller, examined.—Stated that on the 28th of Sept. he went to the top of his distillery, and saw a white vapour ascend from defendant's works at the south-east end of Paul street, in large volumes like white steam, and a portion of which descended into his premises, in Scotland-road. It-affected his eyes with smarting. It also caused him to cough, and seas very unpleasant. It bronzes the fire-irons and other bright articles, and spoils the furniture. Cross-examined.—Does not'know Airy's chimney. Does not of his own knowledge know that the premises, where the smoke or vapour caine from are Lutwyche's; they are called Lut wyche's- works. Nichol M'Lean, who is a clerk with Mr. Pim, distiller,' de posed to residing near the defendants premises, and to seeing a dense white and pungent vapour proceeding from them, which injured his eyesight, and caused him to cough. On being cross examined, he was not sure but that there might be some other vapour combined with it from the surrounding manufactories which might contribute to that effect. James Logan deposed to being a veneer sawyer, at the mill in Naylor-street. Ile described the nuisance as a white steam, a kind of acid vapour which proceeded from Mr. Lutwyche's. was like vinegae; it affected his eyes with a prickling. Th i s vapour spoiled all the furniture in Isis house, and it blistered the paint; all the fire-irons were tarnished in flee minutes with it. ,If the key was left bright in the counting-house door it was turned black as his hat in five minutes. It made his house un comfortable, and they were obliged 'to shut all the doors. It sometimes made the veneer saws blunt if they stood for an hour. He had observed this vapour from Lutwyche's manufactory for six years, but it had much increased latterly. Wm. Hall, exCise-officer, deposed to the vapour in the be ginning of October last, being more like brimstone than any thing else. It prevented his breathing, and affected his eyes and throat. He ascended on one occasion Mr. Pines distillery roof, where he was in the' habit of going sev'eral times a-day, and saw that the vapour clearly proceeded from Mr. Lutwyche's chimney. Cross-examined by Mr. RUSHTON:—He went also' to Mr. Stockdale's soap manufactory ; they used a trifle of salt cake there. There was a little trifle of this vapour there, to be sure, but it was not so bad; it floated into the street. Mr. Groce, grocer, lived near Mr. Lutwyche's manufactory. In October last his premises were filled with the vapour pro ceeding from the street. He went to the top of the next-street, and there he perceived this vapour distinctly proceeding from Mr. Lutwyche's chimney. The vapour rusted his scale-beams. The vapour produced constant irritation on the lungs. If he were not compelled to live there on account of his business he would remove immediately. Rents haci decreased within the last three years owing to it. He considered the .rents had de creased in consequence of the nuisance. That neighbourhood was one of the greatest thoroughfares in Liverpeol. Robert Kershaw deposed to keeping a little green-grocer's shop in Bevingtou-bush. On the fith of August last he observed a thick smoke coming down the street. It came from Mr. Lut wvche's tall chimney. The vapour had caused him to cough when nothing else would. - His wife was constantly complain ing about it. Cross-exaMined by Mr. RUSHTON.—He was 54 years of age, and had lived seven years in the place. It never harmed his health. Mr. Wm. Jones, attorney, lived in Cazneau-street, near St. Ann's Church; had seen the vapour there; it caused persons to cough, and caused a prickling, sinarttno• sensation in the eyes. The nuisance had increased considerably within the last few years, and Mr. Lutwyche's manufactory had, no doubt, contributed to it. It rendered his residence uncomfortable. He did not know precisely, from whence the vapour came. , Cross-examined.—lt came from the soap, manufactories ge nerally. He believed:the nuisance had arisen from the use of a cheap substitute for kelp. Mr. Thomas Stockdale, jun., had recently built a new chimney in the neighbourhood for the ma nufaeturing of stone alkali, which had increased the nuisance. He had not observed particularly whether the vapour caine from Mr Lutwyche's chimney or not. The Rev. John Lyons officiated as minister of All Saints' Church, in Grosvenor-street, about 200 yards from Scotland road. Both himself and cengregation had experieueed annoy ance from. rwxious - vapours. Ou the Sunday evenings it was particularly annoying. In consequence of this nuisance he had telt it his duty to visit the principal manufactories, and amongst others he had visited Mr. ,Lutsyyche's works about August or September in the last year. His first objection . , to it to Mr. Lutwyche was, as a minister, that it was a.violation of the Sab bath day, and not only was it a personal violation, Let it was a nuisance to many hundreds whilst in the service of God. Mr. Lutwyche said if other persons would join hint he would stop the nuisance on the Sunday nights. Cross-examined.--He did not distinctly remember whether -Mr. Lutwyche had told- him or not that it could not be him, as be did not work ou the Sabbath. That had been stated to him at some place, but he could not say where. William Sill deposed to being a joiner, and having had his shop within one hundred yards of Mr. Lutwyche'sraanufactory. He had left his shop on account of this vapour producing ill health. He had experienced the vapour for about two years; latterly it was on the increase. It produced a kind of bilious sickness, and made his eyes a little dim. He had been sick sometimes in consequence. He had seen the vapour coming from Mr. Lutwyche's chimney like a dense smoke. He had frequently got his saws trimmed, and in the course of two or three hours they might as - well have never been sharpened they were so blunted with rust caused, by this vapour. Since he had left that neighbourhood,his healh had been . quite restpred. Henry Dawson . splrct-dealer, and' lived in Scotland road, about three..hundred yards from Mr. Lutwyclie's. He had seen the vapour in August last proceeding film Mr. Lutwyche's; it was very offensive, and Made him breathe with great diffi culty. On the 13th of last October he was particularly anxious to get some sample of its effects, and he bought a pair of new scissors perfectly bright, which he took to Mr. Woodward's shop in Scotlanfiroad, and hung up in the shop against a pil lar. The next morning the effect of the smoke on the scissors had turned them quite rusty. C r oss-examined.—No other cause could have produced such particular d6colouration on the scissors. Ile did not think that vinegar or water would have rusted them in•such a manner. Re-examined.—'flie rust from water might be easily got off; but it was very difficult indeed to get this rust off. Mr. Rust-nm here said, if the cause was proceeded with, it must occupy a great length of, time. He was quite willing to leave the case to any gentleman of the bar, who should direct his client what to do from tune to time with regard to the abate ment of any nuisance supp o sed to ex i s t, and his client would be quite willing to abide by his dictates. Mr. COTTINGHAM had DO objection to this, (his clients had no vindictive feelieg,) provided that Mr. Rushton would admit that this was a nuisance, and will do away with it. The Recoil ne.n.—l understand the proposition to be, that the manufactory shall be carried on in such a way as not to produce this inconvenience. Mr. RUSHTON was willing to leave it to any gentleman of the bar. He would make no acknowledgment that it was a nui- sance. Mr. COTTINGHAM.—Mr. Rushton's proposition amounts to nothing. This is a nuisance we wish to be abated. ItustiToN.-1 deny it; it is not a - nuisance. That is a question for the jury. Mr. COTTINGH AM.—Very well. The case then proceeded. John Woodward is a corn and flour dealer, and lives about two hundred and fifty yards from Mr. Lutwyche's. When the vapour descended, be was not so well as at any other time. It was difficult to breathe; it produced sickness on some occa - - sions; it caused also a prickling sensation in the eyes. He had p'erceived the smoke coming distinctly. from Mr: Lutwyche's. He remembered last witness bringing a pair of scissors to his shop, and they were hung up for the express purpose of seeing what effect the vapour would have on them. It turned them quite rusty , whilst the parts not exposed to the air remained perfectly bright. Cross-examined.--Nothing had touched the scissors but the atmosphere; they had not been even breathed on. • Mr. John Lloyd kept a linen-draper's shop in Scotland-road. He corroborated the statements of the previous witnesses as to the effects of the vapour, and that he had seen it coming from Mr. Lutwyche's. He produced a quantity of linen drapery goods, the colour• of which had been completely faded, and in sonic , places quite taken out, from the effects of the gaseous va pour. Ile had kept a shop formerly . in Dale-street, but the same effects had not been produced there. • Mr. George Bowes Taylor, is - a linen draper in Byrom-street, and lived about 500 yards from Mr Lutwyche's. He deposed to the vapour having the same effect in discolouring his goodi as the last witness had done, He had the week before sold 36 pieces at half price, entirely damaged in that way. Mr. James II ammill, sinallware dealer, deposed to the vapour rusting all polished articles in his shop. Ile produced a quan tity of pins and needles which had become entirely spoilt by being e xposed, fora few hours. He was, in consequence of the damage done to his goods, afraid to lay in a large stock, and was losing his wholesale custom in consequence• He had lived in that neighbourhood twenty years, and had never'before Mr. LutWyche's manufactory was erected experienced this. The house uen property neighbourh oo d had depreciated in conse ceCustomers had cease d to come to hi s s h o p b ecause qofit. in the of the nuisance. •On being. cross-examined—it had not much affected his health.;. . Mr. Edwaid Weber, ironfounder, of Bevington-bush, deposed to the vapour tarnishing all t heir polished iron goods. He had some property in the neighbourhood, which he had been obliged to let at reduced rents owing to the bad smells. On being cross-examined—the .vapours from Mr. LUtwyche's chimney were worse than any in the neighbourhood. Mr. Joshua Tunstall had considerabl e property imEllenbo rough-street. Every time he 'went there his tenants were cora plaining of the nuisance, and that if it were not abated they must remove. He had lost one good tenant a short time ago in consequence. • Mrs. Wharton, who takes care of the judges' lodgings, deposed to the vapour tarnishing all the fire irons in the house, when it blew from Mr. Lutwyche's. Several other witnesses-were called who 'did not appear. Mr. Richard Paine was called to prove Mr. LtitaVyche's iden tity with the premises in question. This was the case for the prosecution. - Mr. RustiTON, in defence, begged the jury to consider that they had a serious and important duty to discharge. Many men had embarked their fortunes in these inilnufactories, and let them not condemn them to utter ruin hi their business by taking the prejudice that the business they carried on was injurious to life and health, and ought to be restrained. His kat nett friend had attempted to establish his case by calling eighteen or twenty witnesses, many of them engaged in business, and living in the neighbourhood. He was free to admit that in a town like Li verpool or London, and in all large places; there mast be places appropriated to those manufactories which are essential to the trade and the prosperity of the country, and that the inhabitants on that account might feel some unpleasantness. He did not mean to deny that this might be the case. It was preposterous to imagine that they could make a large manufacturing place as salubrious as a country village. •The jury must be perfectly sa tisfied, beyond a doubt, that the vapour complained of was de structive to the heAlth of the community; if they did not come to that conclusion they had no excuse whatever for interfering with the commercial relations of an industrious and important class of the community. 'His friend had called a number of witnesses to speak to the effects produced on their health, but he had not called a single medical witness—he had not produced before them a single person conversant in the least degree with chemistry—he had not produced a single person from whom he could obtain a single satisfactory answer on any one branch of chemical science. Why ? Because he knew well from his pro fessional experience that the moment he put a medical witness in the witness box all his allegations would be over; an d therefore he relied on the testimony of certain parties to prove THE LIVERPOOL STANDARD, its unhealthy effects, instead of on the testimony of medical and satisfactory witnesses. Most of his witnesses had lived many years in the neighbourhood and were strong and healthy Men, and did not complain of their health being injured by it, and their appearance bespoke them in robust health. If the - jury gave a verdict against Mr. Lutwyche, they not only put an end to his manufactory but to all the manufactories in tlieeteigh bourhood. Let. hem compare the consequences of this to - ttre' damage done to the scissors of the very learned chemist, or the, injury to the row of pins of another witness. There were ten thousand men employed by these various establishments. Were they prepared, by their verdict, to say that all these establish ments wereqb be carried from their neighbourhood—that their export trade was to be materially injured by the additional ex pense in the carriage of goods, if the manufactories were to be removed to a distance, and that consequently all rents and pro perty in the neighbourhood must be depreciated, besides throw ing out of employment many thousands of workmen. He trusted the jury would free their minds of. all prejudice. It had been laid down by a very competent authority that unless theseArades were destructive to health the operations of commerce were not to be meddled with ; and it was a very good and sound doctrine. ! He should call before them a number of witnesses—men Is ho had been for years in this employment, who breathed these noxious vapours every day. He should produce the testimony of able witnesses to prove that so far from being injurious to health they were beeefitted by these trades, and they would ' show them, by their personal appearance, how false the state ments had been as to a question of health. He would show ' them, by the testimony of a person whose evidence could not be doubted, that so far from these establishments being injurious, .that when the cholera was raging not a single case occurred in the neighbourhood of these manufactories. He hoped the jury would look at the case in an extended view—at the consequences which must result if the verdict were against his client. If he should prove to them that these manufactories were: beneficial to the community in providiug employment for the poor, and at • the same time that they did not impair the health of the,inha bitants, he should look for their verdict for leis client. Ile called, I Mie e Patten, a soap-boiler, in St. Thomas's -buildings.—They I ensplFyed 50 or 60 men. They manufactured their own alkali, I and the health of his men was very good. When the cholera t ' raged there was not a single case in his e stablishment. • Cross-examined.—The chimneys were 30 or 40 yards high, and the smoke went over them. - John Unsworth was a soap manufacturer: There was a great increase in the manufacture of soap since the use of alkali. They formerly gave £lO a ton for alkali containing 14 or 15 per cent. They now gave £l3 a ton for alkali containing 50 ei (.30 per cent. In consequence they could do without, impurti4. The soap manufacture was nearly double to what it was. ... Cross-examined.—The smell was more annoying than offen sive. It certainly was an inconvenience to a person ; it made hiM cough. There was acid in the smell. John Stoekdale is a soap manufacturer. The manufactories had increased the value of property in that neighbourhood. The business was healthy. Cross-examined.—lt had been of benefit to himself: John Dale, shopkeeper, could not exactly say that he had been unwell from, these vapours. Cross-examined.—Would give up his shop if he was not (te pendant on it, because of this smoke. It sometimes stopped his breath. (Laughter.) Patrick Hare had lived in Scotland-place, and never felt anything from the vapour to injure his health. In his opinion these works had been of very great benefit to the place. A few years dgo all that neighbourhood had been green fields.. Cross-examined.—These alkali works caused a great many labourer's. cottages to be built. Some of those cottages were his. lie did not think the smell was as sweet as a nosegay. (Laugh ter.) i'eter Ward was in the employment of Messrs. Holmes and Co., soap manufacturers. He was inthe liabit of breathing this vapour every day; it did him good ; it removed the carbon im bibed from the foul air of the town from the lungs. (Laughter.) Cross-examined.—Never took his degrees as doctor. He took -a little alkali to do away with the carbon. (Laughter.) Mr. Western lives at Bevington Bush. The works were be neficial to him, they brought trade to his shop He had felt little inconvenience from the vapour, but he had put up with it for the sake of his trade. Cross-examined.—He certainly should not like to les his custom. John Williams lived in the neighbourhood. The vapour created him an appetite. Cross-examined.—lt might be a little bit acid : it made him cough now and then. a Mr. Robert Nicholson, tanner, lives in the neighbourhood. It had not affected his health. In consequence of these works land was three times the value of what it'had been. Cross-examined.—Never was surprised with any peculiar ' smells. Smells his own tanyard. 1 here was not much of a smell ; it did him no harm. Mr. James Irvin, of Everton, deposed to the manufactory in creasing the value of his land. He had not been inconveni enced b the vapour. Mr. m. Duckworth, bricklayer.—The value of land in that neighbourhood had been doubled. The smell affected his lungs a little ; it made him cough. (Laughter.) Cross-examined.--It had not injured . his health. Mr. Mansfield lived in Cauning-street. The value of land had much increased there. Cross-examined.—Had occasionally perceived a little smell. times. It was likefrost air. (Laug ht er .) Frost uir made himcough. It was not very pleasant. Made bins cough a little bit come cough. John Sinnet was a labourer in Mr. Stockdale's employ. His health was not injured by it. Cross-exam iued.—lt made him cough, nothing to do him any harm. James Sinnit was a labourer in these works. It had never injured his health. Cross-examined.—lt was good for him; when he had a cold it cleared his lungs when it made him cough. (Laughter.) Edward 'Lewis worked at Mr. Stuckdale's. It had not in jured his health. Cross-examined.—The vapour was always agreeable to him. lie felt no difference between it and fresh air; not a bit. (Laughter.) John Bogging, Owen Casey, John Curran, Daniel M'Gen nis, John Iticcard, Edward Corloe, and Patrick Reitman, la bourers in the above works, each gave similar testimony. Mr.COTTI'NGHssi then rose in reply.—llis learned friend had certainly called witnesses to confirm the statement he had made . to the jury some six hours before: for he would appeal to the' understandings of every one of them, whether every witness his learned friend had called had not rather confirmed the case which he bad laid before them. He would confess, that if causes were to be decided by the number of witnesses, that he was out of court. He would, in the first place, - call their atteption to, the sort of witnesses called by his friend. The bulk of them were workmen in the employ of the very men carrying - on. the manufactories which were the nuisances of which they com plained. Could they place any dependence on the evidence of the men who had been called? Did they not contradict them selves ? One half swore that the vapour was not offensive, and the other half that it was offensiee. Which could they believe? Could they believe either? .And if neither, where was the case of his learned friend? He would give the law on the case as laid down by Lord Mansfield, and confirmed by Lord Tenter den—"it was not necessary i n proving a nuisance to prove that it was i n j ur i ous t o th e health of the parties; it was quite merely e ctd by it. negative enough if it were injurious to the se nses, and Made the (heels been lings of the p ar ti es uncomfortable." It was evident if it was offensive to the senses, that it did rende r them uncomfortable. And what was the evidence opp osed t o the 'hoot's of this evidence,which h a that their brought Could they rely on this ne g ative testi mony in opposition to had what he had laid before them? His witnes ses h a d prove d th a t he a I f t o h r w ? not M r hy, afi this vapour was injurious to their health But there was a count in his indictment in which the nuisance was not stated at all to be injurious to the health of the parties; and if, there fore, they entertained any doubt on that point, in the other count it was brought that it was injurious to the seises of the senses of the parties, and they must on that count of the indict ment find the defendant guilty. He had heard a great deal of these manufactories being beneficial to the town of Liverpool; that had nothing whatever to do with that action. The learned recorder had, perhaps, the case of the King y. Russell before him, which he himself had beard. That was a question which affected the commerce of the country ; it was an action brought . to do away with a number of coal staiths, erected on the Tyne, and which formed an obstruction in the river ,• and the good in that case was found to counterbalance the evil. But the same law in this case could not apply where the health was affected. They had heard a great deal about the increased value of this property; but how? By the erection of this very nuisance. But if the doctrine of his learned friend was to be laid dowel as law, the question would . come to this, whether the whole popu lation of Liverpool were to he driven from the town in order that these alkali works might flourish. Were .these alkali-works to determine where the popul ation should live, and make the whole town of Liverpool a nuisance? ' With the exception of the tanner, who admitted the vapour made him cough, he had not seen one respectable witness called. Mr. RUSIITON.—Mr. Hare, behind you. Mr. COTTINGHAT4I.= - liiS learned friend seemed to think he had a short meinory ; he perfectly well recollected that Mr. Hare had houses in the neighbourhood, anti that he said he was henefitted by the works. He would give hinethe benefit of the remark. One witness, a baker, who had been called, had said the works were of benefit to him; how ? Why, because they sold him his bread. Amid what were all the rest composed of, with one exception ? Why, of the very men who manufac tured the alkali, and their servants. He "had been taunted by his friend for indulging iu matters of facts, for not having called a medical witness to prove the insalubrity of this atmos phere—that they would soon put aside all his evidence by their scientific testimony. Had his learned friend called one scien tific- man ?—had he called one single doctor? He who wished to blame me' far not calling these witnesses, him. self, dared not put one in the box. Mr. Cottingham then recapitulated the various evidence which had been given by his witnesses to prove the nuisance. If the jury were satisfied that the case came within the law as laid down by Lord Mansfield, " that it was not necessary that the smell should be unwholesome, but that it was enough if it rendered the lives of the plaintiffs uncomfortable," -they would find defendant guilty. If there was any particle of doubt that this was not proved, it would then be for the jury to say Whether they would discharge the defendant. The REconnea, in summing up, said it was laid down in law, that where any building's of ancient date, though nuisances, existed, they could not be indicted by the inhabitants of build ings around of a snore modern date, because those buildings had been built in the full knowledge of the existing nuisance. In such case, therefore; such nuisance was lawful. In the present instance, however, the reverse was the fact, the 'manufactory being of modern date, and a nuisance to older buildings around. One of the great principles in law was, "every man may use his own right as he thinks fit; but he most take care that, in so doing, he does not injure the rights of others." The question for them was, whether the defendants, in carryicg on their busi ness, in exercising their right, had injured the rights of others. They had heard the great mass of evidence of various injuries produced by this vapour. They must also take into their con sideration the character of the witnesses for the defence as ser vants of interested parties. If they found that these works were unpleasant, it would be their duty to find a verdict for the plaintiffs; if. on the contrary, they thought it was a fancy only; their verdict then ought to be the other way. 'lle jury turned round for a short time, and then gave a ver dict for the plaintiffs. Judgement suspended by consent till next sessions, with the understanding that the nuisance shall be abated. • The case occupied the•whole of the day. COURT OF PASSAGE. SATURDA y.—(Before HuNRy ROSCOE, Esql, Assessor.) HAYHURST V. BRADSHAW. This was an action brought by Mrs. Hayhurst, the keeper of a lodging-house in Rose-street, against Captain Bradshaw of the watch, for an assault, and breaking open her house. It ap peared from the witnesses for the complainant; that her lodgers came home late on the night in question, and knocked at the door for adMission. They had been in the house about an hour and a half when Captain Bradshaw and some watchmen came to the door and knocked violently, demanding tg be admitted, and immediately broke the door in and went u stairs to the bed-rooms of the lodgers. One of the lodgers, Fleeney, asked Bradshaw what he wonted, and he said " he would show bin what he wanted," and threatened to take him into custody. He resisted, and he was dragged by them to Bridewell. The ser vant and the mistress, whd had bun called up by the noise, all having been, in bed, attempted to prevent his being taken into custody. Captain Bradshaw then struck Mrs. Hayhurst ; and knocked her down. Next day Heeney was charged before the magistrates with having been disorderly. lie had nut been disorderly, and had been in the house an hour and a half. Several watchmen were called, who depOsed to there having - been a riot in the street, and Heeney having been very disor derly, they Mowed him to the house of Mrs. Hayhurst, which he broke in, and was followed by Goodhall, and they then entered, finding the door of the house already broken open, and, in con sequence of the resistance they met with from; Heency, they twit: him to Bridewell. They entered to see what was going on in the house. • The ASSESSOR, in summing up, said that clearly by law the watchmen had not the power to enter the house unless a felony had been committed, or they had a warrant. There did not appear to be - any such charge against the lodgers. There must be clearly, a verdict for the plaintiff in point of law. The only consideration fur them would be to award the amount of damages. • The jury found for the plaintiff, damages £l5. . MARSHALL AND ANOTHER V. SULLEN. Mr. Veuables appeared for the plaintift;3, and Mr. Murray for the defence. This was an action brought for £2O, the value of a horse which had been purchased by the plaintiff on an understanding that the horse would draw and back well; on trial, however, he would do neither. • Robert Scott, who is in the service of the plaintiff, deposed to having some conversation with Bullen in May last about a horse. Mr. ilullen said•he had bought a horse iu Cheshire, which,. he had to sell ' • that he was a country horse, and a strong good hotse. He looked at the horse for his master, and found - him country shod. Defendant said he would warrant the horse to be a good drawer and backer. His master said he supposed he wia deal; ing with an honest man, and if be would warrant the horse he would purchase him, and his master gave him £2O for the horse and a mare, wtth the understanding that he was to be tried and if not found to answer the warrant to be returned that night. He tried the horse with 10 cwt. in a furry, and he would nei ther back nor draw, and at last be darted and laid down in the shafts. Afterwards the horse would neither go backwardS nor forwards, and he had to yoke is horse to him to mill hint home. He took him back that night to defendant, and saw his wife, who would not take him back again,ond wanted him to try him again. He tried him again, and he would not pull-at all. He afterwards met Mr. Bullen, and he refused to take his back, saying he would destroy the -horSes character; he had not half tried him. He tried him - again, and could make nothing of him, and was told afterwasxis that the horse had been sold in the. Haymarket for roguery for £l2. Cross-examined.--Had not seen the horse in action before he was bought. There was nothing passed' between Mr. Bullets and his master about its being ante bargaiu. William Robinson deposed to being alcarter, and that be bad tried the horge;thut he would not pall au empty cart. . This was the: case for the plaintiff. James Mawdesley deposed to having lived as servant with Mr. Ballets. He remembered a person coining from Mr. Mar shall to his.master, and wishing him not to part with the horse. till he had seen it. Mr. Marshall afterwards brought a mare which he wanted to swap for the horse, but his master said , he must "wear the boots." Marshall afterwards offered £lB and his mare for, the horse „which his master refused ; he would not take:l6B - s than £`2o,-which 111. r Marshall at length give him. Before .he bought -the .horse he saw him tried and said he was perfectly satisfied. Mr. Marshall wanted his master to warrant the horse; but his master gave Mr. Marshall the £2O back int o his hand, and said he did not make children's bargains, and the bargain was afterwards struck without the warrant. Crass-examinedlie never tried the horse whether he would dray or not. He knew nothing about the . .horse. John Lyons depoSed to being present at an exchange of horses between Mr". Marshall and Mr. Bullen. He corrobo rates the statement of last witness. The swap was a general swap. Mr. Sullen said he would run no risk. 111 r. Marshall brought the hot se back the same dity, and offered 1:5 to return ;the horse , asat The bargain. which Mr. Sullen refused, saying he did notmake child's bat gains. The Assesser 'in suintrtimg• up said, there was some discre pancy between the evidence of the plaintiff and the defendant. £he evidence of the defendant went to prove that there was no warranty of the horse ; but he saw no reason 'for disbelieving the plaintiff eevidence. The question ' for the jury would he the amount of damages to be awarded, IT they should find that stich Warranty had been given. The jury found for the plaintiffs. The parties agreed to settle the amount of damages. ALLEN V. MATTHEWS This was a debt offoiigstttaiiiitineTby defendant ; to the amount of, Lb, £lO of which amount had been paid and was an acknowledgement. Mr, COTTINGHAM on behalf Of the plaintiff; was willing to submit the ease•to arbitration, which was agreed to. . Verdict for the plaintiff £45, subject to a reference. COWAN V. MEANEY. Mr. COTTINGIIAM opened the pleadiugs.—Mr. MURRAY de fended the action. The plaintiff was a tailor and draper, in Redcross-street, and the defendant the captain of the Talla hasse, an American ship. The plaintiff was in the habit of furnishing clothes to the crews of vessels, and, as the sailors were strangers, the p:o intiff.was in the habit in such cases of getting an order front the captain of the vessel for the payment of the clothes. Ile had sent ou board the vessel on this occasion and received a verbal order from Captain Meaney for the supply of clothes to the men for the amount of 1:3 or £4 a man. The clothes were accordingly made for six sailors, and the bill amounted to £lO 95., which was sent on hoard. Immediately after, the first intelligence Mr. Cow an heard was that the ship was pulling out of dock to sea. He sent his foreman on board to demand payment, and on his ask ing the captain for the amount, he said " Oh, I have given . the men ship notes." The foreman said the captain had done very wrong, and he should look to hith for payment. The cap tain said directly, "he might go to h—l." He then came alime, and his master had put the case into the hands of his attorney. • Edward Jones, plaintiff's foreman, deposed to the facts of the case as above. - - - • - -• • • • The assessor, in summing up, said the point for the jury to decide was whether the credit was given to the captain or to the crew. The foreman of Mr. Cowan had been called, and had stated in a most positive manner that the. credit was given to tbo captain; add fiat - the 'captain said " you may make them clothes to the amount of £3 or Ed a man," and, 10 consequence of this, the clothes were furnished. The . jury found a verdict for the plaintiff, damages £lO 9s. BANKS V. MACKINTOSH. . This was an action brought for the recovery of the value of a saddle. Mr. VENABLES opened the pleadings, and Mr. LAW RENCE.appeared for the defence. John Banks deposed to being the son of the plaintiff. De fendant had ordered a saddle of his father in 1833, which was furnished to him. Defendant then followed the professionnra doctor, in Moore-place. He frequently called for payment, but c ould never get to see him. , Defendant now kept a dram shop in Scotland-road. Cross-examined—Defendant's -name was Wm. Mackintosh ; had seen his name over the spirit vaults. Did not know that it was James Mackintosh who lived in Moore-place the brother of the defendant, who ordered the saddle. Edward Bentley deposed to William Mackintosh being the person who ordered the saddle, and that he formerly lived in Moore-place, and now kelit a spirit shop in Scolland-road. , Cross-exernined—WOuld swear that it was not James Mack intosh who ordered the saddle. *I This was the case for the plaintiff. No witnesses appeared for the defence. The Ruconnan, in summing up t said there could be no doubt, from the evidence offered, of the identity of the party. There was no evidence to the contrary. Thejury found a verdict for the plaintiff—damages £4 10s. ' The court was then adjourned till Thursday week, at ten o'clock, KIRKDALE EPIPHANY SESSIONS. These sessions commenced yesterday, before Lord SKRL MERSDALE, chairman, and a full bench of magistrates. The following gentlemen were sworn on the grand jury WILL/1M MOLLINRUX ROTHWELL, Esq., Foreman. Robert Johnson, Great Crosby John Lyon, Everton John Lupton, Ditto John Melling, Everton Richard Gore Bamshaw, Altcar Hadfield Nicholson, Everton .William Banishaw, Altear Daniel Bentley, Liverpool John Moore Davis -John Dumbeil, Pembroke- Edward Sutton, Lydiate place William Darwin, Sefton i John Jones, Liverpool. and Daniel Phillips, Melling I Joshua Rawdon, Everton, Robert Weatherill Esqrs. The CHAIRMAN, in delivering his charge to the grand jury, said, I have looked over the calendar, and I find no case which appears to me to call for any remark. You are, gentlemen, perfectly conversant with the forms of courts of law; most of you have been before on the grand jury, and those of you who have not will receive instruction from those gentleman who have been here before. • You will understand that your duty is not to try every prisoner who comes before you, but to ascertain on your judgment whether there is sufficient grounds on which to' put him - on his trial. You will examine no evidence in favour of the prisoner, you will leave that to the court. Your duty is to examine whether there is sufficient evidence to put bins on trial or not. If there is sufficient evidence you will find a bill ; if there is any doubt, you will leave that doubt to be ascertained by the court, and the prisoner will have the advantage of coun sel, or if not, of the court, to urge that doubt in his favour. In order to save expense to the county, it is rather desirable that you should take the bills, in the first instance, which come from the most distant - parts; from the neighbourhood of Warrington for instance ; and I have had it mentioned to me that it would be rather an accommodation if you would take the case, No. 12 in the calendar, (a case from Halewood,) in order to the conve nience of the prosecutor and the public, as not being in the im mediate neighbourhood of Liverpool. I recommend you to take that case as soon as you can, and to bring all bills into court as soon as you have them seedy. The grand jury then retired to their duties. Previous to the grand jury presenting any bills several finance orders were made relative to the repairs of various bridges in the county. . A motion was made, and confirmed by the magistrates, for turning and stopping up a footway in the township of Pen nington. A motion was made for diverting and turning a footway in the township of Ashton-in-Mackerfield. Abram Lowe, aged 28, and Thotnas Clarke, aged 51, i?leaded guilty to having stolen about five bushels of oats at 'W arring ton, on the Ist of January, the property of Thomas Greenall ',Litton. . _ Several witnesses were called who spoke to the general good character of the prisoners. • Mr. LAWRENCE, on behalf of the prosecutor, wished to re commend the prisoners to mercy. The CHAIRMAN, in summin! , up, said the court should deal mercifully with they taking their previous good character into consideration. But they must make a difference in the punish ment, Clarke being at the time a servant of the prosecutor, which agravated his offence. The sentence of the court was, that Abraham Lowe be im prisoned two months and Thomas Clarke three months in the House_of Correction. Pusill and John Broadhurst, two lads, pleaded guilty to stealing, on the 21st of January, at Warrington, a silk pocket-handkerchief from off a hedge, the property of Eliza Haines.—They were sentenced to be imprisond fourteen days to hard labour and to be once whipped. Thomas Howard and Richard Bossow were charged with steal on the '2sth of November last, about five hUndred oysters and a bag, the property of Daniel Kaye. Dr. BROWN app eared for the prosecution, and Mr. VENAISLES for the defence. The prisoners were seen on the night in question coming out of prosecutor's cellar, where the oysters had been placed, and were seen by Mr. Jones, the constable, going up au entry with a bag. Mr. Jones, suspecting all was not right, followed them, and Howard then dropper! the bag, which was found to contain ' the oysters belonging to Kaye. Daniel Kaye examined.—Left about five hundred oysters in it bag in his cellar on the morning in question. Had not the least apieion of an!, body getting them. Did not see the . oysters again. Could not swear to oysters ; oysters were all alike, and oyster bags were all alike. Cross-examined.—Could not tell what number of oysters there was. He knew a mark on - his bag. James Clough deposed to being. a chimney-sweep in War rington and seeing the prisoners on that night, in the street; one of them had a bag.. They went down an entry. James Jones, deputy-constable of Warrington, deposed to meeting the prisoners on the night in question, and seeing them turn up a dark entry, not a thoroughfare. They had something in a bag, but he could not tell what it contained. He followed them and found them striving to conceal themselves in a dark entry in 016 entry. Ile asked them what they were about,-and seeing Howard's hat high on his head, took it off and found it full of oysters; he then searched him and found his breeches and other pockets full of oysters. Boscow was standing close to him: He found nothing on Boscow. He then took them both into custody. A bag of oysters was found about two yards from where they had been standing. He produced the bag. Cross-examined.—Did not find any oysters on Boscow. Did not open his mouth to see. Prisoners were close together. Many people went about selling oysters. William Bate deposed to finding the oysters in the yard in a bag. Daniel Kay recalled.--There were more bags marked like his in Warrington. The bag he missed had a similar red mark to what was on that bag. Cross-examined.—There were plenty of bags in Warrington marked in the same way. Could not swear to that bag as his own. Had known the prisoners for nine years. Never knew any thing dishonourable of them Believed them both to be honourable men. Could not swear they stole his bag. This was the case for the prosecution. John Wilkinson deposed to the general good character of the prisoners, and to their buging to a public-house between eight and nine o'clock on the night in question fourpenuy worth of oysters. Howard put some in his hat and some in his pockets. Cross-examined.—Could not tell how many he put into his pocket. Could not tell where the oyster-man was who sold the oysters. • - Several witnesses gave both prisoners good characters. The jury found both prisoners guilty, but recommended thein to mercy. The court sentenced each to be imprisoned to hard labour for two calehdal . months. James Massey, aged 23, pleaded guilty to stealing on the - 27th of Nosember last, at Formby, eleven sovereigns and four shil lings, the property of James Howard. The prisonerhad broken into the house of prosecutor during his absence ..by breaking a window and withdrawing the door-belt, and had gone up stairs and taken the money from his trowsers pockets. He had after wards come to prosecutor, aud -asked him if he would forgive him, which he said he would, and then he acknowledged to stealing the money as stated: Two witnesses spoke to the previous good character of the prisoner. • After some consultation, the - CHAIRMAN said the prosecutor had made a promise to the prisoner which he was not authorized to make, and under the circumstances of the case the court would give him time to consider whether or not hi Would with draw his confession and stand his trial. The prisoner then stood down. On being put up again, he . still pleaded guilty. The court, after commending his plea as the wisest course, then' sentenced him to be imprisoned to hard labour for six calendar months. • Thomas Burgess, a lad, and Betty Burgess, his mother, pleaded guilty to having stolen on the 21st ofJanuary, at Warrington; a shirt, the property of Mary Harrison. • It appeared that the linen had been exposed to. dry, and the lad had stolen the shirt and the mother had received it, knowing it to have been stolen. The prisoner Betty Burgess, is a widow, and pleaded necessity fur the act. The Court in passing .sentence said, they had reason to be lieve that she had been induced to thiS by hunger, and they should deal mercifully with her. They were sentenced to be imprisoned, each 14 days to hard labour. Jane Ilf‘Donald, aged 22, was charged with having at War rington, • on the 14th of DeceMber last, stolen a shoe, the. pro perty of Peter Haugh. • The prisoner had broken prosecutoz's shop window, and taken a shoe out of the window ; hearing the window break he went into the shop and sawprisonef, who said she had done it for the purpose of being transported, and if that would not do she would do something else. She *as sentenced tube imprisoned to hard labour one month. - John Air Gary, aged 14, was charged with having stal4i Everton, a cloak and tippet from Miss Farnworth's school, on the 26th of November last. - Miss Sarah Smith deposed to being at Miss Farnworth's school, and on the day in question seeing two boys watching at the door; one' of them entered the house and took a cloak and tippet belonging to one of the young ladies, and gave it to the one at the door, who ran away with it. She gave the alarm, and Mr. Palmer, who was' teaching dancing in the house, ran after him. The prisoner at the bar was the boy who ran- away with the cloak. _ Mr. Jamei Palmer deposed to,bcing in the house at the time teaching, and pursuing the prisoner, who dropped a bundle, which he took back. John Smith, constahle of Everton, deposed to taking the pri soner into custody, and taking into his possession a bundle con taining a cloak and shawl. Miss Smith identified the cloak and shawl as the young lady's property. The prisoner bad been twice before convicted. The jury found the prisoner guilty, and the Court sentenced , him to be transported seven years. James Light wood was. charged with, on the 20th of January, stealing, at Warrington, a basket, the property of Mr. Lever, of Leighton, left in the care of the landlord of the Horse-shoe public-house. On the night in question prisoner had come into the house about ten o'clock, and gone into the bar and removed the basket, when the landlord saw him amid stopped him. Ann Jones, the servant, saw him in the bar with his hand on the bas ket, and he had removed it; no . one else was in the bar. A Cer tificate was read and deposed to of a previous conviction of the prisoner for felony. The prisoner said he was intoxicated, and went into the bar, and the only way he touched the basket was with his elbow. The landlord, on being recalled, said he had hold of it. 'the jury found the prisoner guilty, and the court sentenced him to be imprisoned six cailendar months. Samuel Lummux and Mary Brannen. were charged with hav ing stolen 41$s. of bacon, the property of Mary Hutton, of Warrington, on the Ist instant. The prisoner Lummux pleaded guilty. Prosecutrix left a piece of bacon on the counter on the •nig,ht in question. Mary Acton, servant to Mrt:?Hutton, de posed to seeing the prisoner Lummox take the con from the counter and taking it up the next yard. Melares,.the con stable of Warrington, deposed to goiag to the house of the pri soner Brannen in consequence of some information he had re ceived, and finding a piece of bacon on a box in the house. Prisoner said she did not know anythint , about it. Met Lummux afterwards near Brannen's house with 4d. in copper in his hand Lummox, in Brannen's hearing, 'afterwards told him that he had stolen the bacon from Mrs. -Hutton's shop and sold it to Brannen fur dd. firs. Hutton identified the bacon which was produced. The prisoner said she had bought the bacon but did not know it. was stolen. A lad deposed to the prisoner Bran nen telling him and the prisoner Lummox to go out and steal what they could and she would buy it of them. The jury found the prisoners guilty. The court sentenced Lummox to be im prisoned three calendar months, and Brannen to be imprisoned six calendar months. James Chadwick, aged 17, and Thomas Downes ' aged 17, were charged with having stolen two half-crowns and a hat, on the 7th ofJanuary, from the person of James Thorp. . James Thorp deposed to going to the colliery where he work ed.about seven o'clock on the morning in question, and meet ing prisoners on the canal banks, who cursed his " knolistick eyes" and begun laying on him with their " fisteises ;" they then knocked - him down, and got two half-crowns out of his pocket. He held Downes fast, who then called on Chadwick to " pill out his knife and stick hint." Chadwick pulled a knife out but had not time to open it before somebody came up. Cross-examined.—He never had any quarrel with them be fore that morning. He had offered to make it up with them if they would make an apology for beating him and taking his money. He had rather not take their apidogy now. William Cnlquitt deposed to being on the canal bank on the morning of the 7th.of January, and seeing three persons scuffl ing ; when he got up to them, two of them run away ; the per son who remained was Thorp; he then pursued tem with Thorp. Cross-examined.—Heard Thorp say he would be satisfied if they would pay all the expences and make an apology. Two witnesses spoke to the good character of the prisoners. The jury found both prisoners guilty.—The court sentenced them to hard labour for six calendar months. Sainuel Hadcroft, aged 18, pleaded guilty to stealing; on the 30th of November ,last, at Warrington, a shawl and bunch of keys, the property of John Newton. Prisoner bad been dis covered by prosecutor on his premises, endeavouring to . coticeal himself under his bed, With the shawl in his possession. On being discovered, he pretended to be drunk.—The court sen tenced him to be imprisoned three months. Robert Miring, aged 29, pleaded guilty to stealing, at Win-. dle, on the 21th of November, four crass steps, the property of the St. Helens and Runcorn Gap Railway Company.—The court sentenced him - to be imprisoned one calendar month. Peter Hampson, aged 18, and Richard limper, aged 22 pleaded guilty to stealing, at Warrington, on the 14th of Dec.• eight locks, and four cupboard hooks, the property of Thomas Ashley. The things stolen had been packed up in a parcel, and sent by the cat rier, and, during his absence from his cart, th parcel had been stolen. The court sentenced the prisoners to be imprisoned three calendar months. Thomas Lea, aged 17, and Edward Rawlieson, aged 15, were charged with' havieg(on the Ist of January, at Warrington, stolen a pair of shoes, , the property of Matthew Gerrard. Oa the evening in question he was absent from his house about three hours ; on his return missed several pairs of shoes. He is a shoemaker. Thomas Clare, deposed to Lea offering him a pair of shoes to, take to the pawnshop, which he refused and said he would have nothing to do With them. He then asked him if he knew any body that Would pawn them. A person named Richard Wood .ward offered to pawn them for him, and he took them to a pawn shop and was there told they were stolen. Prisoner afterwards swapped the shoes, with another man, for sixpence. William Ashton, ostler tit the Red Lion, at Warrington, de posed to seeing the prisoners on the 4th of January. Being of fered two pair of shoes, by prisoners, he bought them of them. He gave the shoes afterwards to Mr. Jones, the constable. James Jones, deputy constable of Warrington, deposed to Ashton corning to him about some shoes which he gave to him. Ile?produeed the shoes. Matthew Gerrard identified the shoes. The jury found, Lea had been previously convicted, the pri soners both guilty. The Court sentenced Lea to be transported seven years, and Rowlinson to be imprisoned three calendar months. The Court then, at half-past five o'clock, adjourned to half past nine o'clock this morning. ADVANTAGUS OF THE MIDDLE STATION IN SOCIETY.—The wisdom of the prayer of Agur must be admitted by all The eligi•- bility of the middle station of life is become almost proverbial, and is the conclusion which a candid inquiry can hardly fail to lead to; and that either upon the religious and moral views on which Agur found his preference, or in regard to mere phy sical enjoyment. That it is preferable to a state of poverty', none will be found to question. That it is preferable to a state of great affluence, is a doctrine that will not be relished by the ambitious and worldly minded ; but the philo•mpher,who considers the temptations to indolence and dissipation which affluence af fords, and which are seldom effectually resisted, and that want of relish for social and innocent enjoyment, which is the fre quent effect of an unrestrained course of enjoyment, can hardly fail to concur in Agur's supplication. This leads us to desire, that as large a proportion of mankind as possible be placed in the middle station of life, neither very rich nor very poor. Un der this class several kinds of men are comprehended—those who enjoy a modern competency frotn landed or other property ; most of those engaged in commerce, or who gain a livelihood by following the liberal professions; many who are employed in manufactures, but who are occupied in superintending others rather than in manual labour. These persons are not idle, but their employments are not servile or ince ssant, and the y have leisure and opportunities for intellectual i mprovement. Though something is deducted by the existence of this class from the quantity of manual labour perfo rmed, the loss fully repaid by their exertion in superior occu pations, fiom which all inllranks derive advantage. But all cannot and ought not to be th e middle station. Such equal it y , were it practicable, Which it is not, in civilised society, would be subversive of social order and ha ppiness.—Hamilion's Progress if Society. SPECULATION-JOINT STOCK COMPANIES. The London papers give a list of the joint stock companiei brought forward in England in 1835. They are as follows Aggregate capital. 41 Mining companies, of which, judging from the • titles, five or six are foreign and the rest British. . The sinus range front £15,000 to £500,00D £2,994,000 35 Railway companies, of which two are foreign : The capitals range from £50,000 to .E 4,000,000 34,040,000 43 Miscellaneous; such as banks, loan companies,' steam navi g ation , &c., with capitals rangin g f ront 1.:15 000 toL2 100 00( f 19,811,000 8-1.5, The amount is said to be as large as in 1825, but three-fourths of the sum subscribed will never be paid up; and only a small number of the schemes will find their way into parliament. 1 t must be observed that several rival companies are included in the railway list; for instance, there are four " London a n d Brighton" railways, and two "Great Northern," of which only one will be executed at the utmost. It is good to bring the Whole of these projects together, and make the public aware of the amount of capital they nominally involve. It is thus ren dered obvious that there has really been a fever of speculation in the country, and that a large proportion of the schemes, whatever were the intentions of their proposers, must prove baseless, since if is morally certain that men would take alarin and withdraw at all hazards, long before half the sums sub-, icribed were paid up. The Scottish joint st oc k co mpanies am not included in these ; but speculation in this country has been sobriety itself compared with the doings in England. The no minal capital of all the joint stock schemes broached in Scot land in 1835 will not, we suppoie, exceed £l,soo,ooo.—scots inan. OPENING OF A SPLENDID NEW THEATRE IN AMERICA, According to the latest New OrleanS papers, ti most enter prising English actor, named Caldwell, after having built sit or Seven' , theatres in the most southern and western states, anal obtained a patent right. to light the whole of New Orleans with gas, and (credat Thespis !) realised about half a of dol lars, still bent on speculation, on the Ist of De: ember last, opened the most splendid theatre that has.hitherto graced Ame rica.. It. is as large as Drury-lane; and far more decoratively gorgeolui"; it was built in six mo,iths, and cost three hundred thousand dellarsll! and though not qiiite finished, and under the ban of the puritans (who preached and prophesied that the roof, would fall and destroy thousands of sinners) Caldwell opened it at the very hohr appointed. The ladieS kept away in, fear; but it ivas crannied with coats, Waistc oa t s' and faces of all colours and shades, from the pale Liverp oo l dandy super cargo, to . thq-jet black nigger fiord Asliantee: aline in the play bill states, no." SLAVE'S" money Nvill be taken without a Writ ten permit hoot his owner! 3 Oh! hail Columbia—hail lai4of liberty !! ! An immense carps draniatique had beed collected from all parti of the Union. The play was The School. /or Scandal. Most of the 'characterS by names formerly know on the London baards. We were amused-by the singular phraseology of the Mississippi critic; he states that " Charles Surface was. 60111C what sick/ ! "Joseph was rather rhe.intatic stfil: or so" and Sir Ben (a young emigrant from the Victoria) " scented urt• oonanon sickz,i,ic too." De Camp (Fanny Nemble's uncle) was the Sir Peter; but it appears that he had been " rs'n, that is, elimat-is'd,— brandy-is'd—citizen-is'd, and vulgar-is'd—there- fore, critic- is'd as the rey'lar sort of thiny,'", The once little Clara Fisher has.been matronised into a M rs. MaiMer,and was the Lady Teazle,. as their three high tragedy and comedy heroine 4 had not arrived. We recognised in the three abSenteei our old. London acquaintances Miss PhillipS (DrurV-laric), Miss Pel- . ham (fiavrnarket), and MisS Jarman (Covent-garden); the last lady, defying Malthus, has matronised into Mrs. Patrick Tiernan ! 1t ap i mars that these ladies had not sufficiently swilled from New York, Philadelphia, anti Beston, for the New Orleans opening. Poor girls, we hope they are safe, for No vember and December were rather stormy months for the fair, and fragile exiles to be buffet Ling the briny billows iu search of the dollars which were denied theM in their native land as vote= ries of the legitimate drama. A SUBJECT FOR LORD MUBGRAVE TO STUDY.—Lord Mel= grave is a. man who, frem his position in society, must know the difference between good and bad company in private ; and the effect produced by the assortment of people brought together ou occasions of.-personal compliment, or political display. Let him then measure his own position. by contrasting the dinner at which he was entertained in Belfast, with the dinner of the Belfast society, given as a-symbol of opposition to his govern ment, and the views of the Administration under which he acts. In compliment to his - Lordship there sat down at the theatre about 200 persons—not ten of them men of rank or property. In opposition, there sat down at the Society's dinner 850 gentle men, amongst whom were the elite of the Irish nobility con nected with the North of Ireland. In fact, for the little grace which attended his Excellency's.visit, he is iniebted solely to private friendship. It happened that Captain Blackwood—the nephew and the heir of Lord Dufferin, was the personal friend of Lord Mulgrave, through whom his Excellency was invited to' Ballyeidy. In personal respect to his guest, Captain Black wood accompanied Lord Mulg.reve to the theatrical collation, and the appearance of this gentleman there was received with the utmost delight and vain glory by the radical party. Thev vaunted-=they advertised a convert in the heir of Lord Dufferin ; but Captain Blackwood, burning to set himself right with tho public, hastened to attend the Belfast Society's dinner, and, in a speech of great manliness, publicly avowed his entire svmpa thy with that great conservative party, and his approildof its principles and conduct. "This is the unkindest cut of all." (Dublin Evening Mail.) I„LLUIERALITY 171' A TORY PFEIL—We have, within a vent short period of time, had occasion to mention the prini'eli donations of Lord Rolle to various charitable purposes : 1:1000 to the fund for the relief of the Irish cfergy, £lOOO towards establishing a chaplaincy in the Devon and Exeter hospital,. POO to the Lunatic Asylum ; and in addition to these and 'various other munificent donations from the same source, we have great pleasuae in recording the following :—Suite time since it was thought extledient to erect a - new - church in a dis= tant part of the parish of Ilfracombe, called Lea; to this object, besides presenting a handsome screen, his lordship subscribed,. we believe, .£2OO. When the church was completed his lord ship visited it, accompanied by Mr. and Mrs. Drake, of Spring field, who had been greatly instrumental in promoting the building; of the church, at which time his lordship was informed that £9OO was required for an endowment previously to its con secration, of which little more than four hund:ed pounds wait subscribed. 1-lis lordship, without further solicitation or con sideration, asked for pen and paper, and gave a cheek for the difference. What adds to the munitieence oftlie gift, and exhibitd his lordships generosity and warmth of heart, it should be ob served, is that is lordship has, no property whatever in this place. When 001 we heat' the like amongst the (falsely called) Liberals?.-17'estern Luminary. TUE NEW Loan CnartcEb.on.—His lordship is in his 55th year, and married, in 18'21, Caroline, daughter of W. Wingfield, Esq., Master in Chancery, by whom he has a numerous family.. His father was the late Sir William Pepys, seine time one of the Masters in Chancery, brother of Sir Lucas Pepys, tot'tot'Bog-, hill, created a baronet on the 23,1 of June, 1801. The family of Pepys is of considerable antiquity in Cambridgeshire; Richard Pepys, secOnd son of John Pepys, of Cottenh am, the tittle se lected by the new Chancellor, was toed to the law, and appoint ed Lord Chief Justice of inland in 1665; his great grandson, William Pepys, of London, banker. married the daughter of Sir Richard Russell, and died in - 1711, leaving issue by her two sons, the late Sir William Walter Pepys and the late Sir Lucas Pepys, who married I , :liiabeth, Countess of 'ltalics in her own right.--Rtening paper. [Cottennam is celebrated for cheeses as well as Pepyses ; and without tiny disparagement to its new lord, we suspect that the cheese Will still be the Most famous prialuction of the village,— Tiiiies.l PAlN.—Commenting upon the the treatment of obsctire feetions of the . viscera, in which pain is a leading symptom, Sarcuni, in his work on the diseases of Naples, uses an expres sion which illustrates the . value of separately attending to the nature of the individual, as Well as of the aggregate symptoms of maladies. For practical purposes, the important problem to solve consists in distinguishing, " whether pain be the mother or the daughter of inflammation." In fact, as inflammation proceeds, pain, which at first has been a leading and a funda•• mental symptom, may subside or assume another character, and may become merely an accessary or sequel, depending upon the gorging of the vessels; and, as inferred from the juvanti.i . and kedantia, curable only by counter-irritation, With the con-• joined internal exhibition, perhaps, of stimulants. 'Whereas; if pain seems to be the mother, not the daughter of inflamma tion, opium, premised or not, by blood-letting as indicated by the symptoms, will be the sheet anchor, as was experienced by Salconi during an epidemic at Naples.—Elementsql Bedsidei Medicine, by Dr. J. S.' Mortara. TREnENDous ExPLOSION AT THE ISLINGTON CATTLE MAR= KILT, LONDON.— Between the honrs of eleven and twelve o'clock on Thursday night the neighbourhood of Islington and Ball's Pond was thrown intd a state of the Utmost consterna tion and alarm by a loud'rep or t w hi c h s h oo k th e h ouses to t h e i r foundation, and roused the inhabitants froM their sleep, num bers of whom instantly rushed into the streets, believing it to , have been the shock of an earthquake. In a short time, how ever, it was discovered that the report had been caused by the explosion of the boiler of a steam-engine recently erected in the New Cattle Market, in the Lower-road (belonging to Mr. Perkins, of Bletchingly, Surrey), for the purpose of cutting the iron rods used in the erection of a sheep pens. On enter ing the grounds a melancholy spectacle presented itself, the engine ; and the building in which it was erected, having been blown to atoms, and the fragments scattered all over the mar ket. On the right of the spot where the boiler had stood, the 'body of one of the men employed in cutting the iron, named Robert Spenden was found frightfully disfigured, and not far from it the Koch , of soother man, named George Smith, was also founds both of theni quite dead. On a - .farther Search, Thomas Gellish, the foreman of the work`; wa:4 discovered about fifty yards distant, in a contrary direction, lying on hiS back in a state of insensibility, and near him twit more of the Men' ing on their faces, the who:e of whom had received severe in juries. Gellish, on his recovering hisenses,'stated that he was standing near the boiler when the explosion took place, by the force of which he was blown the above distance. ConSeys ances• were immediately procured, and the three' unfortunate, sufTerets ' who were still alive, coisveyed to St. Bartholomew's - Hospital, where, on examination; it was discovered that Gel lish's collar-hone was most dreadfully broken ; and that Ilia whole of them were so severely scalded all over their bodies that little hopes are entertained of their nitirmite recovery. A strong party of the N division of police, from tlme on Islington-greet), we're in prompt attendatree; and . t rendered very efficient assistance keepittg back the 'station-house ; Cr t " VIVI be s ail in pars, into the cause of the melancholy . . entered reports at present in cir elation. into at the coroner's inquest, we abstain from mentioning the Tim VOLUNTARY SysTicsa.—On Sunday evening, the Rev. Mr. Saunders, a dissenting minister, at. Lmidon, iii the course of his sermon, took occasi on d to advert to the supp o rt given by the various congregation s of dissenters in Loudon to their pastors. Ile i said he was placed n asittuition in which he could speak his sentiments without fear, neither receiving nor expecting to receive the least emolument titan his congri-ga tion; but he must say, in respect to o therCOngreq,atious differ ently plßced, that the support glien to their ministers was most shamefully penurious. Many of those whose high literary acquirements had cost them years of labour, and their friend's much money, were paid for their. services at a lower rate than a menial servnnt. tie knew many m i n i ster „, connected by their talents and character with, the higher classes of society, who, from the meanness of those fur whom they laboured. wearied out their lives in seclusion front the world on a miserable pittance. Me had known others, for whom the temptation has been too strong, and who, by keeping pace with their connexions iii society, had prepared for themselves trouble and anxiety, and many such had thereby been brought to an untimely grave. He thought this illiberality and meanness of spirit so prevalent amongst those who volunteered to support their. own pastors highly disgraceful to the character of dissenters generally, and if persevered in would tend greatly to depreciate the talents, and usefulness of the dissenting ministry and the character of the body generally.—(3forniwil Herabl.)—(After this let tts* hear no more of 1 ' starving curates.—E L.S.I