The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1851-04-01 00:00:00

SOUTH LANCASHIRE ASSIZES. CROWN COU TUESDAY List ice ( Justice CRESSWELL nis Charg to the G avv calendar of pr -I since the :tilt them - to knc also edu rid thrt im this morning tc After noticing th( any of the prisoners ;ht them that wis t imparted to then her to relieve theth fror very I] month triune being they he h fnr -c. h Mill: orris, a al £lO winterassiz ality, to pulation lteneed to ten 'rant, and Rosan ig cou "Cit coir. trans- t the hotise of Eliza- hTealing 201_ wsi e partl s was taker leferred Larkins Bard. 1 n. and h place between the others, when the prisoner struck the deceased with a saucepan and inflicted a severe wound, from the effects of which, the indictment alleged, Burns from ti d five weeks afterwards. Mr. Pollock. who de_ he prisoner, contended that the deceased had died a effects of injuries received by an accident some me previous the amps ion of her z necessary, and not from any act done by the prisoner. e also contended that the prisoner only struck the de ased in self-defence ; in proof of which he called her son, Francis Burns, who stated that both the deceased and her daughter struck the priaoner several times, both with their hands and a long brush. The jury acquitted 1 the prisoner Tames Li CROWN COURT— thooe was indicted for cuttinz ar.d stabbing SATURDAY Alice Jones, with intent to do grievous bodily harm. The offence had originated in a family quarrel, the particulars of which transpired at the time the case was investigated before the magistrates. They returned a verdict of guilty of common assault. Sentence deferred. Charles Stansbury was indicted for uttering a forged undertaking for the payment of £3 153., with intent to defraud George M. Johnson. The forged instrument was a shipping-note. Verdict, not guilty. John Jones, a boy, was indicted for breaking into the dwelling-house of Thomas Smith, at Liverpool, on the 12th of January last, with intent to steal therein. The particulars of this case, like those in the previous one, have already been published. The prisoner was found guilty. Sentence deferred. CROWN COURT—YESTERDAY. The court was opened at nine o'clock precisely this morning PRISONERS PLEADING GUILTY inn Bowker pleaded guilty to having, at Manchester, .glariously broken and entered the dwelling-house of Thrriet Beswell, and having stolen therein two dresses. one pair of boots, and other articles, her property. Wm. Collier pleaded guilty to stealing fowls, at Tarleton and Lathom, the properties of James Dandy and Wm. Clay ton. George Dennerley likewise pleaded guilty to the charge of burglary in the dwelling-house of Wm Abson, of Heaton Norris, and stealing a work box and various other articles, the property of the said Wm. Abson. The sentences on these prisoners were deferred. The names of the common jurors summoned to attend the court this morning were called over, and several who did not answer to their names were fined £5 each. THE MURDER AT WARRINGTON It half-p, nine o'clock, the prisoners Bridget Lyo: and Patrick Lyons were placed at tl several counts set forth in legal terms ith the murder The male prisoner is only twenty-one years of age, whilst his wife and accomplice is forty year , old. Neither of the offenders can read or write. They advanced to the bar with somewhat unusual confidence, and denied the charge boldly and rather impudently. The male prisoner was dressed in a blue small jacket, without waistcoat, and had on a blue striped shirt. He leant his arms unconcernedly on the front of the bar during the opening of the learned counsel's address to the jury ; and from his appearance been thought that he was only a spectator, inst being - life or death depended on a The female prisoner, on t' it might have erson who: trial of a few hours Le con- y. looked anxious, rather wildly so, and seemed to re -1 Mr. Monk's opening speech with the most intense !rest. She was dressed in a rather handsome cotton chequed blue,_white, and red. with a common rec r her shou lc_ her lef IRIOSt E out the trial immediately underneath her left eye. Neither Of the offenders took notice of the other, and to all appearance were perfect strangers to each other. Whilst Mr. Monk was describing the house in which the murder was committed and explaining the model of it to the jury Patrick Lyons smiled, and indeed there was a smile of his countenance throughout the whole of the trial. Th, female prisoner, on the 01 miserabl unhappy ; and, if there be any truth in phy lesponding looks evidently betokened guilt It is worthy of remark, to show the caution any care with which the judges of our land watch cases of this ription, that whilst Mr. Monk opened the case to the , a policeman handed a paper to a person sitting in t of the jury box, and was sharply reprimanded by istice CRESSWELL. sel for the Crown were Mr. Monk and M e undefended. In the course o attributing motives to the le was riled RID, urder, when The T iterrupted by Tisoners any couns, :el are the e not, my lord ; but I will not con- His LORDSHIP.-1 have a particular reason, you will erve, for making this enquiry ss, abstained from any minute le motives of the prisoners,simply-d e facts he was instructed to prove, and then leaving it to e jury to determine whether either or both of the pri ners were guilty of the serious crime imputed to tt John Wilugh was the first witness called. 11€ e next door to where the prisoners lived, in Baker irrington. I remember, on Tuesday nnta, the 410 of bruary, the female prisoner speaking to my wife. She d, a stranger had inquired that day if the house was to She also asked if any of her lodgers had been in iring for her ; and added that she wished to sell a chair pay a fine which had been imposed upon her. Peggy Tavellin was ext called not to ans 1 until e perfectly and a questions put e lived with Marti xl went about wil rWhilst the ale prisoner said to her, ss was g " spike Out ;" 'ace to me, and spake the way that I A boy named Tommy Newcombe on that Saturday night. ke out, woman."l On the when Pat Lyons went to bed Peggy Fahy, and myself in Newcombe did not come in that On the fol talking and walking d ut called Peggy Fal he had nut on her clothes r go down !h out." I the usttaad q s I, " what is " Stop a myself then rolled roe dow e, and When the scleams cea t my I ot ,mart, and to ery dark ; the door and window wer Irne wet. I bad no 'ben I camined, £lO note for Whit hear you at Pat I iere Were - Mrs. Lyons to our Ted her, and after went down into rs, I heard her " Biddy." s o be faste , woman, ut with I ,i then together. THE LIVERPOOL STANDARD. dusk on that day. She did not then appear to be in trouble, and said she had been in the country. She said she was wet, and had a bad day. I could not tell whether she was wet. I did not see Patrick Lyons that day. I had been in the habit of seeing Lim daily before that day. By the male prisoner : 1 did not see you that morning. I did not ask your wife about you that day. I did not see you since the Sunday before that. I have not heard you have a row with your wife or lodgers before that day. The female prisoner asked no question, observing that the witness had said nothing of her but the truth. Margaret Burns deposed : 1 live at Lower Bank-street, Warrington. I have lived there four years. My house is on the opposite side to Patrick Lyons, but not exactly opposite. On the first Tuesday morning Biddy Collins came to my house. She had no shoes or stockings on. I went and looked, in consequence of what passed between us, if Lyons' house were open or nor, and I saw it was shut. At night, " between dark and that way," it was open. I went into the house. Mrs. Lyons was in the house, sitting by the side of the fire. When I went in, I said where is Peggy Fahy ? She replied, she had passed her in—(go.; home before her)—and added, that she owed her ninepence, and she did not know how she was to get it. in the street, and you were committed for 14 days for it. I was told by three Irishwomen that they had seen you on the quay at Dublin ; and that you wished them to call at your house in Bank-street, Warrington, and say that you were enlisted in the East India Company's service, and gone off to London. Thomas Kenwright said—On Tuesday, the 4th of Feb ruary, I was working on the banks of the Sankey Canal, near Fidler's Ferry. I saw a man there, but I did not know him. He had a blue-striped slop on, and a waist coat over it. He had also a pair brown corded trowsers and a cap on. [The male prisoner here said, " Snake out, man, so that we can hear you.") He was running, and turned round to look behind him. I cannot swear to the man. He looked very much like the man at the har ; but he was sweating very much, and his trowsers were wet, either on the knee or behind ; he did not know which. William Frederick Parker, clerk to Mr. Nicholson, clerk to the magistrates at Warrington, said—l know the prisoner. He was fined under the bye-laws of Warring ton, and had come to the office five different times to pay the money. He came on the 3rd of February, and asked me to let him take time to pay the fine due that day until the following morning. I granted it to him on condition that he did not tell his neighbours ; and I intimated to him that if not paid a distrePs warrant would issue. On the 4th of February, (Tuesday,) about ten o'clock, he called at the office, and paid me the eighteen pence he owed. I am sure the prisoner was the man. I know him well. By the male prisoner: I did not ask your wife about you that morning. I have known you since you came to Warrington. I never km w you but to be a honest and straightforward fellow. I never knew you quarrel with your wife or neighbours. Peggy Collins told we she was in a great fret ; and she was sure there was something very bld amiss in your house. I did not see your wife removing the furniture that day. I saw the dead body " coming out" when the policemen found it. It was be fore dark. Peggy Collins, at that time, was in the gathering, looking on amongst the rest. I knew then that she had been to the police. She went down twice to tell her story. The woman was missed, and she went down to tell what she had heard. All the neighbours were in a great state all the while. By Patrick Lyons.—l did not take eighteen pence from your wife on the Wednesday morning. To the Judge.— Will you ask my wife, sir, if she paid eighteen pence on the Wednesday morning ? His LORDSHIP.—No ; that is contrary to law. Your wife may make any statement she pleases, but you cannot ask her any question. By Bridget Lyons.—l am quite sure you did not come to pay me any money on the Wednesday morning. Patrick Doubt, a labourer, living at Warrington, stated that on the morning of the 4th of February he met Patrick Lyons near the Cattle Market and Old Swan Hotel, Liverpool. He was dressed in a striped blue frock and brown trowsers. It was about two o'clock in the after noon. The female prisor.er Lions to this witness: : I do not wish to nut any ques she has said nothing of me but the ~...... John Reynolds, the occupier of a house with John Long, opposite the prisoner's, in Lower Bank street, War rington : About ten o'clock on the night of the first Tuesday in February, the female prisoner came into my bedroom, and asked leave to bring some of her things there, which I granted. The next morning, I saw some furniture there, On the same day, (Wednesday,) I saw Bridget Lyons again. She was waiting there to go to the pawnshop. I know Brandwood, the policeman. He was at my house on that day, and in consequence of what he told me, I called the female prisoner down stairs. He asked for her key, and she said her husband had it in the country, where he was at work. Brandwood took her away, and afterwards returned, and a key was found in the room behind the bed. It was not my key. Brand wood took it away with him. By Patrick Lyons.—l did not ask your wife any ques tion about you. I knew you in Warrington. I never saw you have a row with your wife or neighbours. You were a very quiet man. I did not hear the policeman ask any question about you. The female prisoner put no question to this witness. Thomas Newcombe, a labourer, at Warrington, said, — I went to lodge with Lyons about ten weeks before Christ mas. The last time I slept in his house was on a Sunday night. After ten o'clock on Monday night I knocked at his house, and there was no answer. Lyons had not said anything to me about getting fresh lodgings. I went to Lyons' house on the next morning, about ten. 1 think I knocked at the door ; the shutters were closed. I went again, a third time, about six o'clock in the evening. The house was then shut. I went again and found his wife in. and I then left, and afterwards returned. I saw Collins and Burns come to the house, and heard them ask where Peggy Fahy was ? She answered that she lett her in the country. I had my supper, and, as I was leaving, the female pri soner asked me to help her to loose the cords of the bed, and I did so. and took it down stairs. When she told me By Patrick Lyons.—There were some people breaking stones by the side of the road when I met you. James Nangle, Recruiting Serjeant in the East India Company's Service, stationed at Dublin. proved that the male prisoner enlisted in that corps on Thursday, the 6th of February last. He gave his right name, and said his parish was Caraban, county Galway. When he first came to me he had a blue striped slop on and dark cord trow sers. He wore a cap on his head, and said he had last come from Lancashire. By Patrick Lyons.—You said you were 5 feet 8 inches in height, but I thought not ; and you then told me that you would measure it in the morning, as you had no rest for two nights. _ _ _ Dagnall. on being recalled at the request of the female prisoner, said that she was searched soon after her appre hension, but nothing was found upon her. Thomas Cavanagh, one of the Dublin police, said that he went to a public-house, in Charles-street. Westmin ster, on Wednesday, February 12, in consequence of information he had received, and there saw Patrick Lyons. In reply to his questions, he told him he was from the County Galway, and had arrived on that morning. Wit ness then informed him that he was charged with the wilful murder of Aftvgaret Fahy, at Warrington ; to which he reJied, " You have got the right man, but I did not commit the murder." He was dressed in a striped blue slop, cap, drawers, and trowsers, of which I took posses sion. I marked them at the station, left them there all night, and then brought them to Warrington, where I gave them up to Brandwood. There was a stain, of what I believed to be blood, on the knee of the trowsers, and on the corresponding knee of the trowsers there were also stains. to come , she said By Patrick Lyons.—l recollect I asked you if your wife were at Warrington, and you said yes, adding that von had left about a fortnight. I found ss. Ild., a base coin, and a sixpence in your pocket. I did not hear you. say I might fetch your trowsers to Warrington if I thought proper, before I found the blood. I gave the constable ss. to. buy trowsers for you. had gone into the country, and to retch Peggy Lyons, her husband's sister : She told me to getlodgings elsewhere that I slept in the kitchen that night.' Bridget Lyons sat on a form by the fire-side, just by the coal-hole. Peggy Lyons was there, and lay down to sleep. When I awoke the next morning she was sitting in the same place. She said she removed her furniture, because she was afraid the police would come and take it the next morning. Hugh Eccles, of the London police force, said—l re collect Lyons being brought to the Fleet street' station, on the 12th of February. I was put in charge cif him, and when in the cell he made a statement. I' had not spoken to him, or slid anything to induce him to make the statement. He said he expected to sleep in bed to night, but he found he was mistaken, but one comfort to his mind was, that he had nothing to do with the murder. He said, " My wife done it. although I was present when it was done. hlv wife done it ; bad luck to her and the first day I saw her." He then asked for same dinner which was given to him. _ _ By Patrick Lvons.—l never heard a word wrong from u. You were as civil a man as ever I met. I did not police came. I asked yOur wife about you, and she said you were looking for work. Your sister slept on the outside of me. I did not hear your wife and sister talk I have stopped out until iorning at a wake or dance. Ido not remember 5 our telling me not to rap at your door, but to speak and you about anything that night By Patrick Lyons.—l did not speak to you before you asked for the dinner. I did not ask you if you- were an Irishman. Are you an Irishman ? Witness—ls that a proper question, my lord ? His Lordship—Dbn't be ashamed of your country, if you are so. The female prisoner asked if "that man." (her husband) had said how she did it. The witness replied in the nega tive, and the prisoner then said, she was as innocent of the crime as the child unborn. The female prisoner said this witness had stated nothing but the truth ; but that she had aEked him for the price Als, and did not tell him he was to go of a quarter of way that night Noyland, lot ng-house keeper, Lower Bank -I knew the deceased. She Warrington, snit had lodged with me. I saw her on the Sunday before she was "kilt." On the Tuesday morning Peggy Collins, or Jane Brandwood was called to prove that,. after her husband had given her the clothes, she gave them back to him in the same state as when she received them. Newcombe was re-called and proved that he had seen both prisoners use the cleaver which had been produced; and Brandwood produced the clothes which had been taken from Lyons. Dr. John Davies, of Warrington, said— Brandwood to the house of the prisoners prisoner's house. On the Wednesday morning a letter was left at my house for Fahy. I went with it to Lyons' house, soon after one o'clock. I only found Mrs. Lyons there. She was sitting by the fireside, near the coal-hole. I told her that I had a letter for Peggy Fahy, and she replied she had left her at Sutton, the day before, but if I would leave the letter she would give it to —I aneornpanied antl'found the y Fahy dead or alive. I told her that there was a report that Peggy Fahy was lost by her, and she said it was false. Brandwood and Daze nall then came in, and asked her about an old grey-headed her the had beep thrust into the coal-hole previously to deati On the left temple there was a large incised wound, also another on the right temple similar wound im other similar wou There was Leather seen any on, like her, nor had had lodgers that nig 'hen they left, she said the police were going round to warn the people to whitewash their houses. I saw her afterwards at Reynolds's house, and asked her for the key of her house, but she said she would not give it me, yet if I came at nightfall she would let me search the house. I told her I would not come then, and she wished me to say I had not seen her at the house at all, but I refused. By Patrick Lyons : I am an Irishman. You are an Irishman. I lived in the county of Galway, and so did you, and an honest man you were, and your father before you. You lived at Caraban. I know both your family, head. These wounds all penetrated to the hone, and varied in length from one to three inches. The nose, left cheek, and left ear, were very much disco loured. There was an injury on the left cheek, and four or five on the right. A long, superficial wound on the right side of the neck, and a deep irregular wound on the left side. Some of the muscles were lace ra'el, and the jugular vein wounded. Death was, no doubt, caused by these wounds, and the loss of blood thereby occasioned. I believe the cleaver produced to be such an instrument as would have predated the wounds Lyons' f ily, too, and never_ saw anything other part of it perfect! y healthy lout twenty years of age. There was nothing in any of the other wounds, except that on the jugular vein, to prevent the dec from screaming out for about ten mi Mr. R. H. Brett, lect By the JUDGE e adisturbance- woman was with your wife or Fatly. I never saw you drunk either in the house or out of it, or knew you night-walking I was not in t 1 le howl wLen yc ife quarrelled with I. on medical' jurisprudence I'he letter I had for Fahy was from her sister's son, after this murder was done. She told me on the Wednesday morning that you went off to your work that morning. and had done what you had never done before— amined tile clothe by Brandwood. ' s taken from Lyons, and handed to him the striped blue slop was wet about the I to be ver heard of your being in gaol before, nor any of cotton, and found blood on both of them. The knees of the trowsers was also damp ; and blood was more readily detected in the trowsers than in the drawers. Blood was John Brand wooc I am a sergeant in the police _7 a - at Wai Collins ,ve me soar hich I went to ne information, in consequence of " the old woman." Dagenall, the T went amongst other places to the idget Lyons was in the house, sitting inst a s into a place under the s Noyland was in the house id she said Patrick Lyons rsation I went away 1. and I wen* ;econd time to Bank- a near to the hridewell, where as enabled •m 6 to state Without doubt or hesitation that the stains 'T have spoken to were caused by blood. Thomas Loftus, police-officer, Warrington, deposed to finding 12s. 6d. on the person of the deceased, body had been removed to the bridewell. The mo.. was contained in a small bag, suspended round the neck of the murdered woman. By Patrick Lyons.—l knew you at War►ington can't say I ever saw you drunk. The depositions taken before the magistrat, t to Reynolds' house fter the R for Bridget Ly mination of the r iners, were then put in, and several parts of them read, chiefly corrobora tive of the evidence above given. The statements of the prisoner, at the same time, were also read. As our plied she had not got it—her husband had taken it with readers are aware, that of Patrick Lyons was to the effect -ith him to his work. 1 then asked her to come with me —that his wife had murdered the deceased with the 'ipen the door, but she repeated she could not as her cleaver, and that he had no share in committing the crime, nd had got the key. I then told her that I although he was present at the time. The remaining ' - her into custody. and break the -door open. part of his statement was unimportant. I asked her to open Patrick Lyons, in his defence. reiterated the 0' was a number of he had made before I went with me to thehouse There :clied a sr itelien door. against a w I first the circumstances he After of the witnesses as mien went down stairs on diet I he magistrates, merely recapitulating t to the left I his e detailed morning c r in her 1 He stated that he nd that then ti Anril 1, IS5i. mainder of their painful and anxious duty. He mentioned that if one party alone committed the act, and the other concurred in it by lending assistance, or preventing in terruption, then they were both equally guilty ; but if the jury thought one of the prisoners alone had committed the murder without the consent and concurrence of the other—which, however, it was very difficult under the circumstances of this case to suppose then, they would acquit the one and convict the other. His lordship then went carefully through the whole of the evidence, commenting briefly upon it as he proceeded, and bringing prominently before the jury those parts of the case which bore most strongly in support of the guilt or innocence of the accused. He described the case as one of a very aggravated nature, observing that it was, no doubt, a very lamentable thing to hear the mutual statements of the prisoners against each other. If they were satisfied of the guilt of the parties now on their trial, he had no doubt they would have sufficient firmness and manliness to return a verdict of guilty ; but if, on the other hand, they had any reasonable doubt, then they would return a verd!ct of acquittal. The jury, after about three minutes' deliberation,found both the prisoners guilty, and they were then called upon in the customary solemn form if they had anything to say why sentence of death should not be passed upon them. To this inquiry, the male prisoner made no answer ; but the female prisoner said—" 1 am innocent of the murder, sir, as on the night I was born." His LORDSHIP having put on the black cap, amidst the most profound silence, proceeded to pass the dread sen tence of the law. He said—Patrick Lyons and Bridget Lyons, you have been severally found guilty of wilful murder; and I have no doubt that if the opinion of every one assembled in this court could be taken, there would not be found one single individual who would not entirely concur in the propriety of that verdict. It is a verdict returned on evidence of the cl earest and most conclusive character, and I doubt whether you yourselves can, for one moment, have deceived yourselves into the belief that there was any doubt as to what would be the result of this trial. I would fain hope, at least, that such has been your conviction, and that you have thought, ere this, of the dreadful result that must follow such a verdict. You have occasioned the violent and sudden death of a fellow-creature, in good health—in early life—and sent her to her long account with out one moment of preparation. It is a fearful circum stance to look upon for you—you also in the prime of life, full of health and life to day, and to reflect that I have to doom you, ere long, to an ignominious death, at the hands of the public executioner. There is no hope for you in this life : your earthly trial is over. The eye of the judge is not permitted to look upon the murderer with pity. I am bound to order the law to be executed upon you, and to leave you without one ray of hope that it will not be carried into effect. The law is more merciful than you have been. The law allows you time for preparation : you will have a space allotted you• to prepare yourselves for that dread trial which, ere long, you have to undergo. Let the entreat you, therefore, to make what preparation you can for that fate which awaits you. When you are removed hence you will be attended by some one, some minister, according to the creed you hold. Listen to him,. I pray you, with earnestness. He will tell you all you have to dread, and will gladly hold out to you all such hope and consolation as are offered to all erring mortals. That is no part of my province. I will not trespass on his holy office. will not alarm you with fears nor attempt to comfort you with hope—but I will leave that to him. It only remains for me to pronounce the solemn doom of toe law, which is, that you be taken hence to the place from whence you came, and thence to the place of execution ; and that you be severally hung by the neck till you be dead, and that, after death, your bodies be buried in the precincts of the prison in which you are confined after this sentence ; and may the Lord have mercy on your souls ! NISI PRIUS HIGGINSON v. HIGGINSON AND OTHERS, EXECUTI I S AND EXECUTORS.—This was an action on a bond enter ed into by the late Mr. J. Higginson for payment of £4, 00 ! to his sister, the plaintiff. Mr. Manisty having obtaine'l a rule nisi to put off the trial, on account of the absent of a material witness, named Lawton, Mr. Cowling showed cause, on the ground that Lawton had sailed to America, to settle there, in May, 1850 that the defers' dant's attorney had been shown a letter from him I ,a August last, from which he might have learned In ° address, and taken proper steps for procuring his evidence; but that he had neglected to do so, and did not eveg allege that he had ever any intention of doing S - cy. There' fore there could be no excuse for such neglect. The learned gqntleman also urged that the examination of fit' Jonathan Higginson, which had been taken before an arbitrator, showed that Lawton could not have known anything of his own knowledge of the state of the an' counts between the plaintiff and the executors of the late Mr. Higginson. Mr. Manisty contended that the plain: tiff having filed a bill in Chancery, in November last' against the defendants and the assignees of Messrs. 13 111.4 ton, Irlam, and Higginson, the defendant's attorney Or posed that he did not intend to proceed with the actin ° ' and, consequently, had not taken the steps he otherwise would have done. The learned gentleman declined te, refer the cause, as it was a matter which mo r e properl y belonged to a court of equity. His lordship cordially joined the learned counsel in the suggestion of the learne d gentleman (Mr. Manisty), in supposing that this wal: matter for the decision of a court of e quity, an d di s charge he rule with costs.—The greater part of the day ° al occupied with causes of no importance to the public , The only other cause connected with this district was tll 4 of . _ SIMMONS v. TURNER.—Sergeant Wilkins- was for the plaintiff, and Mr. Watson for the defendant.--The plain" tiff came to Liverpool some time ago, and' sold to Mr' Turner a quantity of over clothing which, it Was a lleged' turned out to• be anything but wat er p roo f, an d proteisr: to appoint the defendant his regular agent. Some of th e over coats, &c., were produced, and appeared , to be vert inferior articles. It also transpired that the price 11 which the defendant was to have the goods was - only•otte• fourth of the stated selling price. The jury, however!, after hearing all the evidence, and hi s l or d s hip' s summing up, rather unexpectedly returned a verdict for the alair y tiff, damages £27 41., and costs. NISI PRIUS COURT.—SATURDAY. BREACH OF • CONTRACT : BRIGGS V. MOODY.-4b6 plaintiff, George Briggs, is a manufacturer and totted' spinner at Blackburn, and the defendant is a conimiisio° agent at Manchester, carrying on business under the name of Joseph John Mo o dy an d C o . D ur i ng the last year, the defendant had in his employment a man nnol,, ea , Thomson, who was in the habit of a tt en di ng th e BIOL . , burn market, for the purpose of effe c ti ng sa l es . On the 3rd of April, 1850, Thomson entered into a contract to, supply the plaintiff with 30,0001b5. of 32's t w i s t, equal to " 5.D.8.,' , at 81(i. per lb., 10,000Ibs. to be delivered i° each of the months of May, June, and J u ly. On 1110 return to Manchester, Thomson informed the defenda nt of the contract he had entered into., and of this he (defect' dant) fully approved. No pa r t o f th e 10.0001bs. delivered in May, but in the course of June 1,5801b5. we'" sent in, leaving, of course, a portion unsupplied. Subs e t ; quently, Thomson sa w th e pl a i n tiff i n Bl ac kb urn , a nd . act agreement was entered i n t o b e t ween th em f or a llow! 2d. per lb., the diff erence i n th e mar k et pr i ce, f or o° s ; delivery. In June a sma ll quan tit y o f tw i st on ly 0 8 delivered, and in July none , an d t h e act i on h a d ,been ',, brought to recover £282 19s. 34d., th e t o t a l difference L l ; the market price, incurred by th e non -d e li very o f tp goods.—Verdict for the plaintiff: TURNER V. NEWTON AND OTHERS.— This we- 4 .1 13 action in trespass, in which the de c l ara ti on c h ar ged t h e defendants With illegally breakin g i n t o an d en t er ing dwelling-house of the plaintiff. The defendants pleaded a justification, on the ground that a process had from the Salford Hundred Court, empowering thew seize upon the goods of Joseph Turner, and therefor; Joseph Turner's goods being on the premises,. they wen d justified in entering the sam e . Af ter a very long ant tedious hearing, during whi c h th e pl a i n tiff' s case wtoll completed, the Court rose at six o'clock, and adjourns" The male prisoner here said—" I am willing to die, my lord, so that my wife goes along with me." He then lett the dock as unconcernedly, or perhaps more so, than any feeling spectator lett the Court. The female prisoner, ;vho seemed more excited, ex claimed—" He (the husband) can clear me in a moment if he likes." The culprits were then removed, but, previously to leaving the dock, although under the dread sentence of death, they exchanged looks of inexpressible hatred to wards each other. The coolness almost callousness of the murderers astonisned every one who noticed them during the trial ; and it was remarked by gentlemen of long standing at the bar, that they , had never witnessed so much firmness displayed by any prisoners since the trial and condemnation of Reid for the triple murder at Mir field, in York, hire, some five years since. NISI PRIUS COURT-YESTER TURNER V. NEWSTRAD. This case, which was unfinished on Saturday eveni fig when the Court rose, was resumed this morning, whe n , 9 Mr. Sergeant WILKINS, f or th e d e f ence , cane", p number of witnesses, with a vi ew to s h ew th a t the 9 ':d was Joseph's, and that he had. in his own name o btatn,, credit. He described this pe r so n as b e i ng , f rom his hw , e quent appearance in the Bankruptcy Court, better 0 quainted with the insolvent law than many attornlo practising in those courts. The whole transaction ea considered as a concocted plan, got up br a personslin%o Forrest, who, although not an attorney, practised hi, . u a name of a relative, who is a legal practitioner, to der ra c i e • the creditors in the case. Speaking of Forrest, he d e d scribed such persons as pests to society, and recorome n ti , the Law Society of this town to look after this . pert Witnesses were called to prove that Joseph had 12°Au'for goods in his own name. Mr. Watson, who appeare", i t] ; the plaintiff contended that Joseph Turner was not s to less than a pauper, and produced a number of invoicesbo prove that the goods had been charged to Thomas , el had been prompted by affection for his brother to °P b t the shop, in order to provide him with a sittlati",: t he which he might maintain himself an d hi s wife. 1311'1 case really after all was, whether the house had, ~.. e y broken into, and if broken into, whose hous e a•a9 it Thomas, or Joseph's ?—The learned ju d ge recap italTs the different pleas, and then proceeded to commenronjer evidence.—The jury retired to delibe ra t e u p on theft ' 0 s diet. They returned in about half an hour, and g verdict for the defendants, The trial lasted the whole of the day, and the court was adjourned at half-past five. The grand jury were discharged at a quarter-past one o'clock. They represented, through Mr. Entwisle, that, although they were very desirous not to interfere in any manner with the arrangements for conducting the busi ness of the assize, still it was extremely inconvenient to those who formed the jury to abide by the present arrange ments. They suggested that, if an additional number of bills could be appropriated each day, the grand jurors would he enabled to discharge their duties at much less cost of time. His LOUDSHIP was sorry the grand jury should be put to any inconvenience by the arrangement that had been made. The object of that arrangement was to save the vast expense which would otherwise be incurred by bring ing so large a number of witnesses to the town before there was a probability of their attendance being required. The labours of the grand jury were discharged much sooner than those of the court ; but at the same time it should be borne in mind that the new regulation was not made by. --.40... NISI PRIUS COURT .-TUESDAY (Before Mr. Baron Platt.) LEES V. ANOTHER. OR JONES V. ANOT`Hpit• t or , was a special jury case. Mr. Knowles, the a the thirteen years of age, covered £121) damages, from the defendants, cotton spinners at Lostock, for injuries sustained whilst engaged at work at the factory. She was assisting during the temporary absence of one of the hands, and whilst, engaged in the mule-room, was caught by an upright shaft, whirled•round, her right arm torn and she was otherwise injured. The shaft I cff in accordance with the provisions of the Act of Parliament. from her body Henry Rawfor ney-general for the county, and Mr. Cowlin?, vveruthe counsel for the plaintiffs. Mr. COWLING stated th at d plaintiffs were John Frederick Lees and George been t a o ro the defendants James Jones, William Jones, an others Mr. KNOWLES opened the case; he said the Pl BT ", n or in this case resided in (Wham, and as lords of•the ril ` t . bef possessed very extensive coal mines in that manor; t he! seek to recover certain rents or averages as der are called, which they allege to h e due ' 1 " - ttio, a lease. The learned counsel considered that „ facts were few, the question being the constructlr a ih I 1 certain stipulations in the lease. On the 18th5",,,r901 ,n extensive stationer, were both present at the lerce•trade Hail, in January, 1850, during a Christmas entertainment, in the course of which on immense plum-pudding was introduced, envel- Brandy was usually employed to produce tter by ignition, but no brandy being at hand, • • —i.vestion of the defendant, oped in flu the ' naptha w employed, 3 therefore Mn to pour more 'maim on the blazing substance, and immediately on 11 explosion took piece, by which the ost the use of one plaintiff was serious Ehe ju NISI PRIUS COURT.—WEDNESDAY. ases tried this day were not of the smallest public The a NISI PRIES COURT -THURSDAY - - ALLEGED FALSE IMPRISONMENT: WOOLLEY V. NEILD. —Edward Woolley was the plaintiff, and Edward Neild the defendant. The action was in trespass. The decla ration stated that the defendant had broken into the plaintiff's dwelling-house, destroyed his goods, and given him into custody illegally on a charge of felony. The defendant pleaded not guilty, and that he committed the tresnass by leave and license of the plaintiff. The parties resided at Ashton-under-line. The case having been heard pro and con, the jury returned a verdict for the plaintiff—damages £4O. ASSAULT AT A MEETING OF AN " HARMONIC" SO. ,rwry —WARE v. MOLYNEUX.—This was an action of trespass, in which the plaintiff complained that he had been assaulted and struck by the defendant. The de fendant pleaded that he did not commit the assault ; and that he struck the plaintiff in his own defence.—Mr Serzeant Wilkins with whom Ir. Hill, conduct Jonathan ,Iton Harmonic Society Riolinen', as.a music 30th January last, the so ernnerance Hall. Bolton 1836, plaintiffs demised to the defendants certair coal under certain •land or ground in Ohtham pert of Hollinwood. There was also P other beds in Wirnith, Lee-hall, and five years ago. The terms of this lease part of the defendants, to pay to the t sixth of the full value of the mines of forinil!s demi 9 e of c ent 9' o r th Moor, tb ittl' ised, o n ' e the • )raised, ~neer and slack, which might be got from time to tico' r ' a ge rent ; such sixth part to be ascertained from the ay e t he selling price of the coal, got from time to time during t he term of the lease. The leases keep an account 01 011 quantity of coal raised weekly, and that once aII t he they should send this account to the plaintiffs; e n ' t iol l terms of the lease were that the basis of this vale'', t he should be struck from the price paid for the coal e'tiot pit's mouth. The learned counsel went on to show rs to occupy premises in Manchester, Stockport, an d :w ith; it had become a custom of late years for, coal.proprie w ot het towns, where the coal was sent for sale;. and that, not e o ld standing the carriage involved, the coal could be ' 4 'o m nt o p u r t i li ce w a a t at a lower price in these towns than at the P'd mouth ; but he contended that the price paid at 5 0 s o t ld o ha b m e h t a n d e n g o l t : th e: of these towns was evidently not contemplated in t io% lease, the wording of which was specific in at 3 l - de: After a very protracted hearinz of the case, the ] ea r ring s rre t j l u ie DG p E ric sa e id at tha t t he the p c it u ' to do with the question : the mode of arriving s t a nd average was, by taking the sum of the total sales e tc dividing the tonnage. It seemed to him the plaintiv e not entitled to the surc:iarge. Mr: WATSON proceeded other p 6 wood• or not -whether Bra ; he showed isearneu JUDGE summed deliberated for a short time a addre Hol d 4 the jury w as in s sittuited Poe. Alf from Hollinwood• A b a 311 c° r ' N e a verdict on the s e get` up, otter wt tied out of court The court rose at halts: £42 'Ol Nelf °911" a screech in the morning, I said, male pri u to put the case for the Ball, at. 1' he pr !lurch, Man )bevy, had b ted, and abc erJohn Lync mind a verdict of John I Lynch nch was sentenced lo sii months' imprisonment In LIIC iwuse of Correction. Jas. Lynch, in 1847, had been committed to gaol as a reputed thief ; in 1848 be was imprisoned under the Juvenile Offenders Act, and ordered to be whipped ; in 1849 he was commit ted as a thief ; and last year again under the Vagrancy Act ;—he was now ordered to be transported for 7 years. Ellen Clarke, an elderly woman, was indicted for hav ing, on the 11th of January, killed and slain Margaret Burns, at Manchester. The prisoner's son courted the decease d 's daughter, and arising out of this a quarrel took " What do you d then gave 1 give them to y I want my sho, the gent to the bride 1 heard ni d there s .k Lyons, is house t v any q ing, but I did not see yr o bed. I had lodged wi lur house. I did not kr a that r to you I did not go to .yo Your wife was in I did not 1 what you said It rs. I " felt" you t id. — When 1 did not t speal ur wit', . _ up that morning, she went down stairs. The prisoner : I have no.more to say to the woman. !Iv the female prisoner : You called Peggy_ out of .Cond time You did not hurry her out - of bed )ed (The bof vane, prisoner : 1 dui nor, sure ; ion um .2uu going to happen to Peggy, or, sure, you and I would not have been here to-day.] I went out, and you went out. [lf it had not been for the " fast bolt" I had of you on the bed, you or I would not have been here to-day, Biddy.] Catherine Cline was the next witness called, and was examined through M'Hugh, as interpreter. His LORDSHIP expressed a hope that silence would be kept in court during the examination, as a strange per verted curiosity had caused it to be so crowded. The witness said her bed-room was over the kitchen. On the morning of Tuesday, the 4th of February, she heard a noise in th e ki tc h en , an d a s cr eaming. She tnonght then that Patrick Lyons was beating his own wife. It was between six and seven o'clock when she heard the noise. The screaming lasted for a quarter of an hoar, .at least.. EU did not see Bridget Lyons until I slept that On the ' Myself the fl Ist doingso, - I noticed something ear where she was standing. and, on my inquiry, she on so serious f sid it was only where she had been breaking coal. She to take himsel tood 311 my right hand, and I asked her what hole that Il 7as ? She said it was a hole, but nothing was, kept in it stooped. and the prisoner made a start. I seiz rought her nd there I f murdered. I culprit ight arm, and said, " Mr _ re which you don't 'like to 1 like me, have a full opportunity.' The body was lying with tfie arms crossed, partly on the right side and partly on the back. I found the cleaver, which I now produce, in the ash-hole. [The cleaver was a very small one, without any wooden handle, and still bore the marks of blood. The unfortunate woman seemed to suffer intensely whilst this testimony was being given, but the male prisoner maintained the coolness he had manifested throughout, leaning carelessly on his arms on the front of the dock.] I found (continued Brandwood) some wearing apparel, which had not gone out of my custody, except to my wife, until I delivered them to Dr. Brett, of Liverpool. When I took them to that gentleman it was a wet morn ing, and the apparel got wet. [At this stage of the trial, the proceedings were inter rupted by parties forcing themselves into the court, and order was only maintained by his lordship threatening to send any one to gaol who forced himself into the court against orders, and disturbed the business of the assize.] By Patrick Lyons : I did not search the clothes of the deceased. Before you were apprehended three Irishmen did not come to me. I heard that you had enlisted in Dublin in the East India Company's service, and that you had sent word to that effect to your wife. Daniel Dagenell, policeman, of Warrington, was the first witness called after the temporary adjournment of the court. His evidence went chiefly to corroborate the testimony of Brandwood, with the addition that, in the coal-hole, he found a basket containing some smallwares, and a stool covered with blood. By Patrick Lyons.—l believe there was some money found in the pocket of Fahy when the body was taken to the Bridewell. I saw yen , last May in a row, with others, lly a false report ; me and my husband and he questioned •to himself what would be the best guilty of anything of the kind." I. then thing to do. He thought it would be right to tell the , e if that bad been removed, police, at first ; but then he felt it to be a hard thing that be the cause of apprehending his own wife l charge; and, therefor, he thought it best f off, and leave his wife to take her chance. went over to Dublin, and there enlisted, as ited in the evidence above, and he accounted for the Lyons, there I row that took place on board of a vessel from that place. •, In corroboratian of this statement be handed over to his I lordship a letter, which he said he had received from the . . , ) the place, and opened the door ; recruiting aerjeant at Dublin, detailing the circumgtance id the body of a woman who had been which resulted in his clothes being stained with blood. arged her with having, with her husband, The learned judge said he could not receive this letter ; he murder, and her answer was—" lam but the governor of Kirkdale Gaol stated that he I sent for assistance ancl went away, believed the l e tt er h a d come t o th e pr i soner b y pos t, but of course, knew nothing more about it. The seijeant who enlisted Lyons, at Dublin, on being recalled, said he did not recognise the handwriting of this letter as that of his brother officer. The prisoner then concluded by saying, that a month or five weeks before the murder, his wife had heard from the neighbours that he was thick with Margaret Fahy, and that she, consequently, became ' very jealous of that ill-fated woman. This jealousy, he suggested, as the reason of his wife committing the murder. Whilst he was making this statement, the female prisoner looked at her husband and regarded him with a contemptuous smile. The female prisoner re-called several of the witnesses, but their testimony added nothing to what was already stated, with the exception that none of her neighbours ever knew her to quarrel with the deceased or with her husband, on her account. She entered into a rambling statement, the effect of which was that her husband had committed the murder, and would have murdered her and the witness Collins too, had she not gone up stairs and detains 1 that lodger in bed. She denied that she had ever been jealous of Fahy, and threw all the guilt of the crime on her husband. She did not think he was going to do anythine; amiss when she called Fahy up ; and she said she would have given information of the murder to the police, but that she was rendered quite stupid by her husband committing so dreadful a crime. The learned JunGa commenced his summing up at half-past four o'clock, and both prisoners watched every observation he made, intently. He commenced by ex - p , essing a hope that the people who had squeezed into that very ill-kept court would endeavour to be as quiet as possible, whilst the jur7 and himself discharged the re- eeping order, a room was set apart 'or tae use or toe ..ommittee, and another for the performers and vocalists. Between half-past nine and ten o'clock, during the inter val between the parts, a great proportion of the committee were in their room, when some one knocked at the door. It was opened by Mr. Heaton, the hon. sec., and he saw the defendant, who said he wanted to come in. Mr. Heaton informed the defendant of the appropriation of the a room, to which the defendant replied, " It's a wet night ; =•4 a d—d shame they there are some women here. and Its .. should have to go out of doors." The defendant w tt a th s ou told then that the regulation was absolutely necessary (there being upwards of 100 performers); but he replied, " Well, if they can't get in, I'll be d — d if I dont," and he at tempted to push in, but the door was closed. Shortly afterwards some of the ladies (vocalists) were found standing outside the door ; they were invited into t he room, and after partaking of some refreshmen ts, the y returned to the concert room. It being feared that there wou!d be some unpleasantness on the part o f the defen 'dant (who was engaged as a bassoon player) , Mr. Ware went up to him and said, " I want to speak to you." S a e i r n ge wahnitchtthe Wilkins plain c t o i n ff contendedwasamount ought that suffered must not be taken by the jury as the measure of damages; because a man mighthowevert have s li g ht the pain might be which resulted from the blow.— Mr. Watson, for the defendant, submitted that the defen danteweads e wet ve went etaarn tdteocoothyhteeariedl obtain admissiono with i o t f h t s h n e o committee-room in thei: n itotlreadede-irreos to get , r p do r l eo e d v m e prevent assigned the nece ssity edthteo trho eomm o ; f by their oh g e o on i r n ht g he r a de c ei d r opsseo. persons. s yardhe w as simplyewd a s which ivbu n. d h e e fe o n p d p a o n si t te b s y id t e h o e f co th il e ar r , oo a m ns • g h a e ve cr h o i s m sed a s o h v a e k r, e7 sel a z n ed d the defendant went to the doo r , th e pl a i n tiff was standing o th n e t then the defendant did commit the alleged assault. It was true that the pl a i n tiff excuse d hi mse lf a fterwards, by saying that he only intended to ask the defendant to take a glass of wine; but still that he made the first approach to an assault would he clearly shown.—Verdiet for the plaintiff; damages, £5. IeCLCU. uy • • V aaa VIA/ 1,/ LI ',Ls, es,asua, has been handed over to Messrs. Brown, SbiPr t ?i l ll" Co, for distribution amongst those who sailed Charles Crooker. co; r- - —Y^.teraftv. tl -- -Imerators wet- II- THE CENSUS.-16zberany, ploped throughout the kingdom in collecting the ee,";0 0 papeis from dwelling to dwelling. In order to give '; idea of the amount of machinery which has been se; o f motion to procure an accurate return of the numb er o '•is% the nation, we would call attention to the few fon° ti n% facts :—There are employed 30,000 enumerators,: s t e ors' under 2,190 registrars, and 624 superintendent-reglso3st; Independently of these the Custom-house and , "01Y guard officers are to be pressed into the service. tig i ° o on Monday morning, who shore-going folks are s n s ol e their beds and asleep, all the persons on the river Tbcoo#o are to be enumerated by the waterguard under tiled 0 4 mend of Inspector-General Harding. The returns 0 5 0, 4 British army all over the world, including the Wi ve children of the officers and men, are to be men e ;n i e 7 ss,4 Horse Guards. The returns of the n a vy and iner'',.ffic e :. delivered to the Admi ra lty. Th e C us to m -house " 01 Pio at the various ports ha ve r e c eived instructions fro rto census officers, in pursuance of which they will a see , the number of me rc hant seamen on board alt sllif ore ig,i nloyed in the home trade. British ships going ' f ioil e , o but which happen to be in any of the ports of the -00,10, Kingdom, as also the ships of foreign nations , wino make returns to the Custom-house officers. Other ' it , Ivo ships absent on the night of March 30 will giv rch°,oo numbers of their men through the Registrar of 14% 60 Seamen. Scotland will be enumerated on the sac 7 , as England, and under the name general directio% :11)/5 sheriffs, schoolmasters, and enumerators have bee T, plied with forms from the Census-office in Londe;";go hs 9 sheriffs are to have the general control of the lot s p r e Of all documents connected with the returns u l ; Bev e ti been the greatest demand for the Householders iblitoo dules." About 5,000,000 of these have been distrTlied in England, and about 1,000,000 in Scotland . Al ite o l numbers were framed upon a calculation of the 1. '00,4 number of houses in 1851, of the houses and f sn op 9l s 4 1831, and of the probable number of persons ocAeide houses and apartments in 1851. A special sehe" . ll V e to been prepared for the clergy of the church and for f ` o tb i senting ministers, which, though not compulsory c oa iP 4 l . ;to to fill up, will no doubt, in many instances, be c o d ji with, and will afford many valuable facts conne c d i r the numbers of persons in attendance at the Wit ) " of worship tlirooghtntt the Wad, ide n ti by wl be YE Hoot Sum