Northern Times. — Liverpool, Merseyside, England, 1859-01-29 00:00:00

6117 71 ,9 s bay ' , , tens °' Sulc, e ; any Taco faW trionic en 11 and ° f rer pool 1 gal l ' succeo i Sel't 'al an' reallY t,nd the last to would viats,, Nrord;_ ' - mitilltio, re Ina , , ha c staY.lll., ghat .15 R oc. ilerr s'hortll -ea ye Fanny autifw s — al sct Ga len, isitb 'takia th pith beeP ;ANTlclength ' Nor th f r om merica: oyao cs The eea ch , pool bY. . hours' nip tou, 1 0 Jar „ 3reroe' lase ( -foun d ' •erpo ol, a nd t° hour' hour s ' ~.. 1 3 w, , Fro w 'd3S 5 2 day' Sort', an' r Eve so 4 ~" fac to.) w ere :C o_,, , ' no . the and_. ....._ ... a til dii..4.?_,'" vo -1 •su f e A o elli ef iolet t j v or , " Orfe- I l. _ of l." t, y , a nd .novin. Ow es titude r atios ,wards adsble before, 1' theon, ifaX ,0 yed 1 I; rari . burr, , - d . paSO'f Oa t ° i n g tilir fell ° t ives t r abol l r J° llll ftbol lt .tt- .3, ries. tea .rres • uce' ao , r g et ' but n mobt -mo te 10,t tir was, toth l/1° you t ! edly) , bu t / awl AMEMICA. ARRIVAL OF . 2HE CITY OF MANCHESTER. h Th e serP\v-steamer, City of Manchester, arrived ere yesterday morning with 140 passengers and 5i24,178 in specie, also New York dates to the 15th inst. The Niagara had arrived out. _ The n ews i s not of very great importance. The President officially informed the Senate that the yacht Wanderer had landed a cargo of Africans on the Southern coast, and also that the government Was making every effort to bring the guilty parties to punishment. A memorial for a lino of mail steamers from New Orleans and Mobile to various ports in the Gulf, was presented and referred. A resolution allowing Captain Hartstene $2,000 for expenses i ncurred in connection with the restora tion of the barque Resolute to the British govern ment, was a d op t e d . A ca ll was ma d e on t h e Secretary of the Navy for details of all contracts for furnishing live oak. The Senate decided, by a vote of 34 to 32, to lay aside the private calender and take up the Pacific Railroad Bill. An ani mated debate ensued, for and against the proposi tion. An amendment, providing that any contract l;tade by th e P res i dent b e su b m i tted by him to ngress and take effect only by joint resolution, was adopted. A n a tt em pt to re-commit the bill failed by a vote of 29 to 23, and a motion to lay it eu th e t a bl e was defeated-29 to 27. 14 the House an unsuccessful effort was made to obtain leave to report a bill providing for the admission of Oregon into the Union. The dis cussion on the motion to refer the Naval Appropri ation Bill to the committee of ways and means as then resumed, but without arriving at any decision on the question the House went into Committee of the whole, and devoted the re ainder of the session to speeches on the aborga r„n_ of the Clayton-Bulwer treaty, domesti c Ouues, &c. In Congress, Mr. Seward introduced In the Senate a bill amending existing acts for the suppression of the African slave trade. It provides for the employment of steamers for the capture of % . I . Blw vers, authorises States to pass laws to suppress the traffic in foreign slaves, and appropriates a Trillion of dollars to carry into execution the pro 'Visions of the bill- It was referred to the judiciary ' co mmittee. A resolution was offered, directing the Secretary of the Treasury to prepare a plan for raising revenue adequate to the wants Hof the government, by the imposition of specific instead of ad valorem duties, also to furnish all needful information 'on the subject of specific duties. A bill was introduced to establish a line of steamers between American and British ports. Governer Medary, of Kirnsas, has sent a special messenger to Governor Stewart, of Missouri, an nouncing that Montgomery is fortifying himself near the Missouri line, and that litnited States troops have been sent to keep him in order. He also announces that volunteers are being raised as rapidly as possible. By , the arrival of the Isabel, at Savannah, an . the Empire City at New Orleans, we have advises from Ilavannah to the 10th instant. The slave trade is reported to be very active ; nearly 2;000 Africans having recently been landed on the island. The projected land and submarine 'tele graph line between Savannah and Cuba has been `commenced. Sugars dull and exchange advancing. The New York Terald, of a late date, says : There was a mass meeting of foreign patriots, refugees 'and socialists last evening, at the _Metropolitan Rooms, 11 , 1 Rester -street. The speakers addressed the audience 11 five languages. The dullest of the addresses was that .delivered in English by Signora Mario. The audience was 'too foreign to appreciate the lady's eloquence. Had it been otherwise the meeting would have been very enthu `siastic, as the speech was a regular bombshell into the T.allip of the enemy. There was considerable consump ,;nn of l ager beer and cigars in the same building where L f ae meeting was held, w hich was entertainment enough °r many who could not understand English, so that all seemed pleased. G ens • sStates chart ere d war steamer Atl an t a , on th e 12th. ecember, and left on the • 15th of the same month nth for Curnana, Venezuela. The'United States war ef s immer Caledonia, :having on board the sons General, ma d e St . Th omas on th e 15th , cr _ m i o e , and With to leave either the a.ozEt ovoning early on t h e morning of the 17th, for the same General Paez was unable to land, in i n °ll ;„,. se q u ence of the effect of his recent with bY -accident. He was, however, received , 11 -o great enthusiasm, and visited by the r‘overuor and Venezuelean and 'United States `i r clis tl.„, l s. A salute of twenty-one guns was fired a °nl. ert Christian in his honour, and there was _ fine display of fireworks in the town. His sons 4 7, re als o t reated with marked courtesy, WhenLzte Atlanta and Caledonia had discharged their mission at V enezue l a, they wou ld stan d f or the a Parana river, to join the Paraguay fleet. at We have files from the Sandwich Islands, dated lionolulmon the _2oth November. The case .of habeas corpus in the matter of Fr. de Flanchet, a Fre nch ncl_ishseip seaman shipped on board of the American Nassau of of New Bedford., had received l caring befo re the Au bench of judges. The bench concurred in the.opinion of Justice Robertson, 133 - virtu e t v he whereof Flachet was remanded in the e . ustody o f t h e Marshal, to be held at the order o f ° ealtnited States Consul. Their Majesties and the l ulg Crown P r i nce were en joying excellent h at Kona Hawaii. 167 whalers had arrived u j to the 18th , November, and the average take ; its 5 88 bar re l s eac h. Of the Hawaiian fleet. „?vcnte en l eft last spring for the northern grounds, hirteen arrived, with , 6,425 brls.whale, 98,300 lbs. bo ne, besides a quantity of ivory and peltry, 'Obtained by trade. Two vessels had been reported . with 1,050 b r l s. b etween them, b r i ng i ng up t h e hawaiian average to 498 brls. and 7,460 lbs. bone Per vessel. COMMERCIAL INTELLIGENCE, NEW YORK, Jan. 15. The Foreign Exchanges for the City of Manchester - closed at 1091 t o 1091 on London; sf . 174 to sf. 161 on Paris. The mail will be a moderate one. The shipment of bar gold about $150,000. The market for Malley is Without alteration. The preparations for the spring trade are increasing, and the prospects of business from the South and south-west in dry goods are encouraq,ing. The grain as well as cotton news by the Niagara is deemed satisfactory. The Manchester spinners are driving a large business, and are understood to be heavy buyers, direct, of the raw material at Mobile and New Orleans. Our own spinners will take from 700,000 to 750,000 bales of the present crop, against 452,000 bales last year. The crop, at the average export value of last year, will prodnce something like two hundred minims of dollars, of which, from present appearances, at least $155,000,000 will count in our export trade with foreign states—an excess of $24,000,000 over the last year. CorroN : There has been a fair business since our last, without particular change in prices. The market has been a little irregular, and in some instances trifling con cessions have been made to buyers, but the Niagara's advises to the Ist instant from Liverpool (by telegraph from Halifax), have imparted rather more tone to the Market, and it closes steadily at our notations, though Cotton is offered pretty freely at current rates. Sales ' 4, ...,600 bales, including 400 in transit, and 1,200 Middling upland to arrive, at 11i cents. NEW YORK CLASSIFICATION. N. Orleans Upland. Florida. Mobile. Texas. Ordinary lO- 73 10i, 10 2 10- 2 Middling l2 12-1- 12 1 121 Middling Fair .12 1 ln 121 13 Pair * l2l 13 13-, 131 . The arrivals have been from—Texas, 909 ; New 4:l".:lrieon„,, 260 ; Georgia, 366 ; South Carolina, 358 ; Tlrmitil. Carolina, 195; Virginia, 800 . Total, 2,888 bales. • " imports since Ist instant. 23 , 642 bales. Total im ports since Ist September, 157,513 bales. Export, from Ist to 11th January. 1858. 1857. b e,aton .................... bales 2 ,03 9 3 ,150 sto x ioux continued firm, while, owing in part to the ii.ril and to the absence of private letters by the Vara the transactions were somewha t less active. so h eatwas amain firmer and in go od demand, with sore . on private sou .„ . Corn was firmer and more active, with sales of new 'u c ,Western mixed at 84c to 85c, with some poor L,...oouthern yellow at 79c. Freights quiet and dull. J. L e 147 ?1"' PASSENGERS.—Mr. Francis Collins, Mr. 7 7 1.1 Preae, 18 8 Levy, Mr. and Mrs. C. V. S. Thorne, Miss kr. fi r est, Captain W. C. Thomson , Captain Stamp, Willi 41 . Peer and son, Mr. Willam Rennie, Mr. I:::_tt_ aainndeirr: r h . aw, Mr. Thomas Furling, Mr. Edward Ale z er°9 Mr. C. Aren, Mr. Y. S. Porter , Mr. G. C. H. C. Young, Mr. R. 0, Ivirterl M. J' 4r Tey and child, M r , E, Caron,g FOREIGN INTELLIGENCE. THE EAST TRIESTE, Jan. 27. The steamer, just arrived, brings news from Con stantinople to the 22nd. The official journal declares the election of A. Couza as Hospodar of Moldavia to be contrary to existing treaties. A petition from the commercial community solicits measures against stock-jobbing. The difficulties in connection with the telegraph between Alexandria, Syra, and Constantinople, are surmounted. CONSTANTINOPLE, Jan. 26. Mehemet Kylprisli Pasha has refused to replace Djemel Bey as ambassador at Paris. Rumours are current of an approaching change in the Ministry. _ _ _ _ Mehemet kybrisli Pacha will probably . be ap pointed Grand. Vizier, and Fuad Pacha, it is said, Minister of Finance; Djemel -Bey or Savfet (? Sever) Effendi, Minister of Foreign Affairs; Mehemet Ali Pacha, or Mehemet Rouchdi Pacha, Minister of War. The Cireassians have been victorious over the Russians. THE lONIAN ISLANDS. CORFU, Jan. 25 Sir John Young has left. The lonian Parliament has been opened to-day. SERVIA. BELGRADE, Jan. 27. The laws which the Skuptschina has passed for the regulation of its own constitutional power contain enactments of such a nature that the future liberty of the press is guaranteed by them. THE CONFESSIONAL IN BELGRAVIA COURT OF QUEEN'S BENCH.---FRIDAY The Court to-day, after hearing the arguments of the Attorney-General, contra, made absolute the rule for a mandamus, ordering the Archbishop of Canterbury to make a due inquiry into the appeal of the Rev. A. Poole, late curate of Knightsbridge, The foll Owing is the judgment delivered :—I am of opinion this mandamus must go. I was, however, in hopes that this controversy would have come to an end, and have been forgotten. With my sincere goodwill towards the Church, and my earnest desire that the cause of holy religion may be promoted, I had hoped 'we should have heard no more of it ; but we have no discretion in the matter. I have no doubt his Grace the Archbishop of Canterbury proceeded most con scientiously, and with a sincere desire to discharge his sacred office, and do what was for the benefit of the Church of which he is the head ; but lam of opinion that he has taken an erroneous view of the subject, or that he has acted under advice that cannot be supported. I - think he was bound to hear the appellant, and that he has not heard him. According to the first principles of inational jnstice, no man shall be , condemned without 'being heard,. We cannot form any opinion whether his decision was right or wrong, if 'we come •to the con clusion he has rightly decided without hearing the oppo site party_ We must still say he was mistaken, and had acted wrong. Oh, recollect the words of Seneca— Qui statuitaliquid, parte inaudita alteri, dEquum licet statuerit, haud Eequus fecit. We must suppose, however, that the archbishop had just cause.to affirm the judgment of the Bishop of London in withdrawing his license, yet not having heard the apel lant, his judgment cannot stand. This •has been the uniform principle upon which this great court •has proceeded from the most ancient times, and I recollect that a very old judge quaintly quoted Adam's case, and stated it without irreverence that .the Almighty and Omniscient leing would not condemn our first pave cnv 4 .0 "CePn.. b. had o.rnmittca without giving him an opportunity of being heard in his defence. We and our predecessors have constantly acted on that principle ; and I think we should depart from that principle, hitherto respected, if we were to refuse the mandamus. The legislature gives an appeal from the judgment of the bishop to the archbishop.; and that implies giving an opportunity to an appellant of being heard before the archbishop. This appellant has not been heard. Ile presents a petition of appeal in which he denies almost everything charged against him, and he specifically claims that he may be heard at a time and place to be named by the Archbishop of Canterbury. Without the smallest communication between him and the judge; the judge decides against him. That was net a hearing. It was very important he should be heard, because he might be able to put a different construction on the :language employed, and, allowing the language used to be as stated, he ought to have had an opportunity of contending before the archbishop that there were not sufficient grounds for the withdrawal of the ,license, and it was only after being heard on these -two points that ;the archbishop could lawfully affirm the decree of the bishop. We think the mandamus must go, and that there shall be a hearing. All we have to consider is, whether there has been a hearing. There has, in my opinion, been no hearing, and therefore the rule must be made absolute, so that the Rev. A. Poole 'might have a hearing. I give no opinion as to the form in which that hearing should be. The archbishop, I have no doubt, will have most excellent advice, and have no doubt now the hearing will ,be satisfactory, and that justice will amply be done to all parties. The rule must be made absolute. The other learned judges concurred. Mr. Windcock, an opulent landed proprietor, is to be married to the daughter of the Marquis of Clanricarde,.. A nieee of a duchess and the aster of a countess in Dublin are shortly to be married—one to a county Clare gentleman, another to a county Cork gentleman. SHIP CHARTERED BY HER MAJESTY'S EMIGRATION COMMISSIONERS. - H. M. Emigration Commissoners have accepted the Lady Elma Bruce for the conveyance of passengers from Birkenhead to Sydney, at £l5 19s. ld. per head. The Tees Iron Company will have ono more furnace ready for lighting very shortly ; and there are four more in course of erection, at and near Middlesborough, fast approaching to completion. Of the furnaces on and near the Tyne, there are some (including one at Jarrow, which is new, and not yet finished) set down amongst those which are now out of operation, that are intended to be in, before long FRIGHTFUL SUICIDE AT SUNDERLAND.—SunderIand, on Wednesday, was thrown into a state of consternation by a report that one of the oldest of the tradesmen had committed suicide, which was soon proved to be the case. The unfortunate victim was Mr. James Jopling, linen and woollen draper, High-street, and his private residence in Foyle-street. He had a flourishing business, in which he had been engaged for upwards of twenty years. For several weeks past he had been unwell, and on Tuesday had been supplied with medicine from his medical man. He had attended to his business up to within an hour of his cutting his throat; in his own bedroom with a pen knife. Deceased has left a widow and nine children to mourn over the catastrophe. Rumours are freely circu lated that he sustained some losses by the Atlantic Cable. —Northern .Express. EXTRAORDINARY AND USEFUL INVENTION.—There is nothing that housewives complain of with greater truth fulness, than the breaking of some favourite piece of glass, valuable china, or earthenware. In hundreds of cases such things cannot be matched, and of course cannot be mended. The latter want has been obviated by an extraordidary and effective invention, by'Mr. Adshead, of Derby Pottery, near Derby .It is a cement that may be said to heal, in a perfect manner, all cracks and breaks in the articles spoken of ; and not only in these . but in mar ble, alabaster, &c. The benefit of this article need not be dwelt on. We have seen some of its effects at Mr. Hall's, our neighbours, and the glass that has been cemented by it is stronger in that part than in any other. The article is very cheap, and no house can be long without it. Mr. Hall is the agent for its sale in Liverpool, and a ll interested can judge for themselves, by looking in at his establishment. Agent f or Li ver p oo l, E. T. Ball, 23, South John-street. Sold in bottles, ls; euh, or sent fres on receipt of xtVsien postage stamps, THE LIVERPOOL 8Q:?,,,-rtjGH BANK. COIIRT OF QUEEI4'S BENCH-JANUARY 27 Scorr AND ANTMER V. DlxoN.—The plaintiffs in this action were, John Scott and Robert Robinson, and they sued the defendant, Joshua Dixon, one of the directors of the Liverpool Borough Bank, to recover damages for certain false representations alleged to have been made by the defendant to the plaintiffs, respecting the affairs of the bank, whereby the plaintiffs were induced to pur chase shares in the bank, which afterwards was found to be insolvent, and stopped payment. The alleged false representations were contained in a report presented by the directors to the shareholders, on the 27th July, 1857, which was set out at length in the declaration, and which was alleged to be false in five points-1. That there were no profits out of which the said dividend could be paid. 2. That it concealed the true financial condition of the bank. 3. That the company was not then possessed of the capital of 1,000,0001. aforesaid. 4. That the company was not at the time in a sound financial condition. 5. That the shares during all that time were wholly useless and of c p no value . The defends leaded the general issue, and also that the plaintiff were not induced by the mean s alleged to become sha Tholders. At the trial, which took place before Mr. Baron Martin, at Liverpool, at the last summer assizes, the plaintiffs obtained a verdict for 1401., being the value of their shares and the amount of the calls which they had paid. Subsequently the Court granted a rule for a new trial upon four grounds. 1. That there was no evidence for the jury of a false and fraudulent representation. 2. If there was, that the verdict was against the weight of the evidence. 3. That there was no evidence of any representation made to the plaintiffs that the report was true. 4. That the reports of the directors of 1837 and 1838 had been improperly _ _ rejected in evidence. On Thursday and Monday last Mr. Edward James, Q.C., Mr. J. Wilde, Q.C., and Mr. Broun had been heard to show cause against the rule ; and the Attorney- General (with whom was Mr. Atherton, Q.C., and Mr. Mellish), was in part heard in its support. The Attorney-General now resumed his arguments, and in so doing contended that the statement of losses submitted by Mr. Smith to the defendant ought to be taken as an estimate only, and not as the amount of debts absolutely lost, for the amount was liable to be raised or diminished. Lord Campbell said it was the loss after a value had been put on the securities. The Attorney-General said the whole of the charge against the defendant was that in the report he had said that the shareholders might take either a favourable or an unfavourable view of the loss; and that in the former case there would be sufficient to pay the dividend ; but, taking the unfavourable view, about 60,0001., mo r e or l ess , wou ld have to be taken from the capital. That statement was supported by the facts and the paper produced by Mr. Smith, on which the defendant formed his estimate. The learned Attorney;General then addressed the court on the question of the alleged fraud and misrepresentation ' and contended that in order to support the decl ara ti on it must be shown that the defendant had been guilty of moral fraud. He contended that that was not proved. It was pressed upon the defendant that if a less dividend than 7 per cent. should be declared, the effect might be that a run upon the bank would take . place, and thereby the greatest inconvenience and suffering would be incurred by the shareholders, many .of whom had invested their all in the bank. In conseqnence of that a dividend was declared, but of 5 per cent. only; but this was not an action for improperly declaring a dividend. i Lord Campbell : The action s for false representation that a dividend could properly be declared. The Attorney-Geniraf : On the 4th of July the directors decided against making a dividend ; but on thki 6th of July that decision was reversed. On the 27th of July the report was presented to the shareholders, not for the purpoose of representing the bank as solvent, but to justify the directors in declaring so small a dividend, and reducing it from 7to 5 per cent. This was not like the ease of the Royal BritiCh Bank, where the directors had repre sented the bank to the public asin a highly flourishing-con dition ; but this report was an excuse and an apOlogy for reducing the dividend to 5 per cont., and it told the share holders that the whole of the reserved fund was gone, and that to some extent the capital was encroached upon. According to the draught report prepared by the defend ant, there was a deficiency of about 58,0001., and that amount was to be taken from the capital. Suppose the defendant's report had been adopted, and the -share 'holders had been told that the sum was lost, would that have shaken the stability of the bank ? He thought not. But the shareholders would have said it' was very hard that they should starve for a: Tear, and have no dividend. It so happened that the defendant was overruled by the other directors. As to taic ivr....iitation to the pl.,;.+Urs, which waa rlnarEcod in the declaration, it must be observed that some reports were prepared expressly with a view to be read by the public at large, .and contained intrinsic evidence of that fact, but-that was not the case in this instance, 'for the report contained no recommendation 'to take shares, but, on the contrary, it was an apology for the non-payment of the usual dividend. Lord Campbell: It may be supposed the directors intended what the clerk actually did with the report. The Attorney-General said the directors had merely permitted the report to be published to the world. This was not a representation to the plaintiffs merely 'because the directors permitted them to have a copy. Mr. Justice Wightman thought that, an order to pre vent a run being made on the bank, the report was In tended to be made known to all the world. The Attorney-General then contended that the reports of 1837 and 1838, had been improperly rejected in evi dence. The reports were tendered to showthat the course of practice adopted at the bank was known to the public, and that all who were about to purchase shares world know that two only of the directors were acquainted with the details of its affairs. Lord Campbell : Was it deified that there was an inner and an outer cabinet ? It seems to have been admitted throughout the trial that the defendant belonged to the outer cabinet until the month of June, 1857. The Attorney-General thought the evidence aught to have been admitted, and upon that as well as upon the other grounds be contended justice would not be done to the defendant unless his case should be submitted to another trial. Mr. Atherton, Q.C., then addressed the Court on the same side, and went through all the facts of the case, chiefly with a view to•show that the defendant had acted throughout with the greatest candour and fairness, and not at all like one who was conscious of any unfairness or misconduct. The only evidence against the defendant was that given by himself at the trial, which showed clearly the wens sibi conscia recti. Mr. Mellish followed on the same side, and contended that the defendant's only fault was that he had assented to what he had no power to prevent ; and that the report, in effect, was a true statement of the facts, so far as they were known to the defendant at the time. At the close of the argument, Lord Campbell said he viewed the defendant's case with great pain. He looked on Mr. Dixon as a gentle man .and honourable man, and he did not think that a permanent sti g ma would attach to his character ; but, in the presentransaction, he thought he had been over persuaded, and acted on the principle video meliora, pro- oque—cleteriora sequor. His - Lord;hip here dropped his voice for a few moments so as to become quite inaudible, and then proceeded to observe that the report amounted to this, that the dividend of 5 per cent. for that half year was to be paid out of profit, and that there after, in all probability, it Would be paid out of profit, and that the bank was in a fit situation to award a dividend of five per cent. This declaration was not framed against the defendant for concurring in that dividend, but for representing that the dividend was paid out of profit, and that the bank was in a situation to pay that dividend. Notwithstanding the ingenious comments which had been made on the figures in the first page of the Report, and on the commentary in the second page, he (Lord Campbell) thought that that was the amount of the representation. It was said that all the difficulties arose from the losses which occurred in the year 1854, but that was followed by a commentary, which, read by a common person, and oven by a man of business, would be understood as meaning that the loss was a casual loss, and that they could safely rely upon a dividend without encroaching on the capital. Was that a true statement ? He (Lord Campbell) thought it was not, and about that•there was no dispute. The next question was, whether it was incorrect to the knowledge of the defen dant. Upon that point there was an important witness, and that was the defendant, Mr. Dixon, himself. His Lordship said he felt deep regret at finding a gentleman who had maintained a most unexceptionable character, and who was respected by all who knew him, in this position; but it was from his own candid statement, from what he said himself, that this action was maintained.. Did he know that what the report contained was untrue ? His •Lordship then referred to the speech delivered by the defendant at the meeting of the shareholders on the 25th of Febrnary, and read several portions. The de fendant said— • " Towards the end of June last, Mr. Cross called upon me in London, and stated that Mr. Smith was going to resign, and that Mr. Sellar was to take his place, and he asked me if I would become a managing director. I assented. Immediately on my return to Liverpool, my first step was, to inquire into the condition of the bank with respect to .the declaration of a dividend. The state ment of the affairs of the bank laid before me by Mr. smith, led me tii the ondit4un that no dividwal ought THE NORTHERN TIMES, SATURDAY, JANUARY 29, 1859 to be declared. (Hear, hear.) This view of the case was assented to at a meeting of the directors, but at a meeting afterwards, suddenly convened, the decision was reversed. " Mr. Woodward : By the whole of the board or by per? "Mr. Dixon : By the board, and to which I yielded, the motive being that it was very dangerous, in the then position of the bank, to run the risk of the excitement that might be produced by the non-declaration of a dividend; it might have resulted in a run and the stoppage of the bank." Still, Mr. Dixon was acting conscientiously and honestly, and yielded, on the understanding that a true representa tion should be made of the affairs of the bank. He said : " I acceded to it only on the understanding recorded in the minutes, that the statement to the shareholders should contain a full and correct disclosure of the position of the bank, even although it should disclose the fact that the dividend was declared out of the capital." Was that condition performed by the report which was afterwards published ? Mr. Dixon said : " The report that has been presented, well examined, shows the fact, although I do feel that it does not make the statement in the broad terms that would have been adopted if the intention had been to state that there was a very handsome surplus." His Lordship asked whether it was fair that it should require a microscope to examine such a document ? and he thonght the report ought to have stated the actual state of the bank. His lordship then read some further extracts from the defendant's speech, which showed bow he devoted himself to his duties as managing director, and how he subsequently, in October, discovered that the position of the bank was far worse than he had ever dreamed of. His Lordship observed, that he thought the passages read showed very plainly that the defendant felt he had done wrong, and that he regretted it, and then he proceeded to the evidence which the defendant had given on the trial, when he was examined as a witness in his own cause, and which was to the same effect as the extracts from his speech above given. It had been very elaborately argued that the paper submitted to the defendant by Mr. Smith was merely an estimate of the probable losses, amounting to 334,000/. ; but it was clear from Mr. Dixon's own statement, that he considered it was an absolute loss, and that if the steamboats were not sold there would be a further loss of 30,000/. He (Lord Campbell) had no doubt that the defendant was fully persuaded that if there was to be a dividend there must be an encroach ment on the capital. The defendant, in his evidence, said— _ _ _ _ " I attended the meeting on the 4th of July. It was an average full meeting of the board. I maintained my view that there ought to be no dividend, and stated that it was based upon the calculations furnished by Mr. Smith. The majority disagreed with me, and resolved that there should be a dividend. I continued myself to be Of the same opinion as before. It was stated by Mr. Smith that he was under the impression that the cus tomers of the bank and the shareholders would be most grievously alarmed by the non-payment of a dividend, an this statement was made before I agreed to submit to the majority. I stated that paying a dividend oat of Capital was a logical absurdity." SOUTH LANCASHIRE BOOK-HAWKING ASSOCIATION. The first anniversary meeting of this association was held in the Common Hall, Philadelphia Chambers, Hackin's-hey, at two o'clock, yesterday. There was but a very thin attendance. The chair was taken by Edward Heath, Esq., and the proceedings were opened with prayer. The Rev. Mr. Stewart read the following REPORT " With respect to the general organisation of the as sociation they have no reason to think that any change would be desirable The list of books adopted has, on the whole, given satisfaction to the people among whom their agents have travelled ; and, as far as previous sales seemed to warrant them, the committee have, from time to time, added to it such new works as seemed most suitable. In this way fifty-four publications have, during the year, been added to their catalogue The method of arranging the districts in order, for visitation, is one which evidently requires a much more intimate acquain tance wtth the different localities to be traversed, and their peculiar circumstances, than could at once be ob tained, to be worked with precision. The committe have found themselves greatly mistaken in their estimate of the timewhich would be occupied in going through the various districts; and thus their agents have not been able to go over the ground more than twice during the year, and in many cases have been prevented giving that timely notice to the clergymen which is desirable, that the people may be prepared for their coming. As experience is gained, the committee confidently expect that the ground will be got over more quickly, and that greater precision in the visits of their agents will tend to increase their sales. On ..the resolution of the first quarterly meeting of April 8, 1858, the committee took steps for procuring the services of a second hawker ; they regret to state that the persons whipm they successively engaged proved quite unfitted for the occupation, and that in this way much time has been lost, The person now employed gives promise of energy and efficiency, and they trust that, in co-operation with Mr. Clarke, their original hawker, who has continued to give satisfaction to Mr. Hunter, the treasurer and secre tary, he will be enabled to traverse the whole district at present occupied by the association as frequently as the requirements of the people seem to render it desirable. From a perusal of the sales lists of the year, which con tain the names of the purchasers, and any remarks which the hawker may have thought worthy of being noted down in the course of his visits, the following results are gathered. The purchasers are chiefly found among the classes above that for whose special benefit the association desires to work ; but, since they are for the most part • persons who take a lively interest in the amelioration of the condition of the poor, we may reasonably assume that the purchases so made will be applied to their use, and that the objects of the society will be equally forwarded thereby. The poor themselves are many of them desirous of possessing books, but assert their inability to do more than provide themselves with the bare necessaries of life. There can be no doubt that thriftlessness and habits of intemperance are in many instances the real causes of this poverty ; but it is likewise certain that the ordinary wages of a labourer, especially in agricultural districts, will not afford much to lay out in this or any other way ; and it must be decided by longer experience than we have yet gone through, whether we must not be content to see the labourer and his family provide themselves with Bibles and Prayer-books, and a few works of standard interest to be added to very slowly from generation to generation, and trust to the parochial library of his district for the supply of fresh books for their instruction and amusement. It is certain that the more affluent classes 'have resorted to a similar principle, and have found a much wider range of literature within their reach in consequence ; and it would seem that the same result would ensue from the establishment of paro chial libraries for the poor, which is now becoming so general. The experience of the association points in this direction : the poor seem anxious to provide themselves with Bibles and Prayer-books, and a few well-known books of standard interest, but it is hard work to find money for one purchase in a year, and on a second visit in the district, the hawker, instead of meeting with the additional success he had hoped for, has not found as 'many purchases as at first. The association is, however, doing a good work; it brings to the door of the poor man an array of good and useful books, affording to such as have a taste for reading an opportunity of gratifying 'it which many would not otherwise enjoy, and, offering an incentive to others who might without it have -spent their money on that which would be injurious. And we may hope, likewise, that not only will those .richer persons who have hitherto been purchasers con tinue to exercise their liberality for the benefit of their poor neighbours, but that others may be reminded by the - hawker's visits of the good which may in this way be (Zone. and become participators in so excellent a work. The committee would express their thanks to the clergy -who have so much assisted them by their kind co-opera tion in their several districts. They would esteem it a Did not that show that the dividend was to be paid out 'of the capital ? The defendant said:— " I stated that paying a dividend vat of capital was a logical absurdity, which, if they pleased, they might com mit, provided they placed on record -a minute that by so doing they aid not interfere with giving to the share holders a ftill and correct statement of the affairs of the bank. I drew a draught resolution to the effect, which was read, avid a report was ultimately prepared in the form different from that - which was ultimately published. This is it:" That report certainly would have alarmed the sh are holders -and those V6lO had any notion of buying shares. His Lordship read 'the defendant's draught report, and continued the defendant's evidence, in which he said, "A discussion took place upon it. It was set aside ; they did not like it." Ms Lordship asked, "Why did not the directors like 'it ? " The reason was, because it spoke too plainly of the state of the bank. The defendant continued, " believed all the statements made in it (the draught report) to be true." He evidently believed what he originally expressed, that 'there could not be a divi dend except out of capital. Still, he concurred in the Report of the directors, because he believed it would not • alarm the shareholders and depositors, and would not prevent -the -public from buying shares in the bank. His Lordship then made some general observations on 'the Royal British Bank case, and the doctrine.which he then laid down on the -subject of a conspiracy to defraud, and then proceeded 'to the next question—whether this representation was made to the plaintiffs ? Upon that point he (Lord Campbell) could not entertain the smallest particle of doubt. mese reports, though addressed to the shareholders, were generally meant for the information of all who were likely to have dealings with the com pany, and he had -no doubt that the directors well knew that when they concurred in this report it would be in the hands of all the stock jobbers and sharebrokers, and would be acted upon by the public. But, in the present case, there was the evidence of Mr. Tinley, the broker, that reports were bought by any one who wished to purchase them, and that one was so obtained for the plaintiffs, and that they acted upon it. . There could, therefore, be no -doubt that that allegation in the declaration was proved. Then, were - the plaintiffs damnified by it ? That is a question for the jury, and no complaint was made that the damages awarded were greater than the amount of the plaintiffs' loss. The only remaining question was, the rejection of the evidence, and from what took place at the trial, his Lordship thought Mr. Baron Martin had properly rejected it. It was tendered to show that, twenty -years before the trial, -the public had been informed of the manner in which the directors discharged their duties, without its being proposed to show where the plaintiffs were at the time. That was the ground on which it was tendered, but if it had been admissible on any other ground, and could in any way have influenced the jury, he (Lord Campbell) would have been inclined to grant a new trial ; but he did not think that if the evidence had been received it could have weighed one feather in the scale, eo as to influence the jury in the verdict which they had found against the defendant. There was therefore no ground upon which this verdict could be disturbed, and he (Lord Campbell) thought -the rule for the itew trial ought to be discharged. kindness to have any suggestions male to them tending to the more efficient working of the association, and hope that it may still 'have the benefit of their influence in re -commending its hawkers to the confidence of their people. The sale of publications has amounted to about 4,000 during thc year. The stocktaking and balancing of accounts for the year show that the operafions of the society have entailed an expenditure of £7O over and above the returns. It may perhaps fairly be expected, that as the districts are better known, and - the hawkers' rounds more conve niently arranged, 'the returns will be greater, and the deficiency les - s ; 'but, as the annual - subscriptions at present amonnt only •to £49, it is evident that fur- would press upon the Mends of the undertaking the extreme importance of exerting themselves to obtain additional subscriptions. Your committee having been able to form a tolerable estimate of the cost of working the association in this district, recommend that its operation should be extended so as to include the rest of the Arcladeacons of Liverpool, provided the subscriptions obtained from that quarter, was adequate to the extra services required. They believe that such extension would eneble the whole archdcacoury to be worked more .economical y than if two separate associations were to be ,established for the purpose." . . Mr. ',Justice Wightman,, Mr. justice Crompton, and Mr. justice Hill severally delivered their judgments at considerable length, and all concurred - in the same opinion, that the verdict was right, and ought net to be disturbed. Rule discharged. ELONDON MECHANICS• INSTITUTION.—iiis Grace the Duke of Bedford has forwarded one hundred pounds to Messrs. Ransom's for the donation fund of this institu tion, to purchase the lease. THE RBI , . C. H. SPITAGiON.—We understand that a letter has been received from Mr. Spurgeon intimating that he has consented to preach in Edinburgh on the 22nd and 23rd February. The Music Hall has been secured, and all the arrangements will be speedily announced, — Scotsman. A Naples correspondent says that the representations by Ristori are thinly attended. "In addition," he ob serves, "to the many topics now occupying he public mind, and the general anxiety and trouble, the celebrated tragedienne has against her the party of Sadowski, her rival, who, living at Naples, is supported out of local pride." THE TRACT SOCIETY FLOURISHING.—The organ of the American Tract Society desires the church to hear and know that the receipts of the society have been seven thousand dollars more in 1858 than in the corresponding months of 1857. That's refreshing for thirsty souls on the salary list, and perhaps the same authority will let the church " hear and know " what becomes of all the money. Is that asking too much ?—.llrew York Herald. INTERMARRIAGE OF THE ROTHSCHILDS.—The marriage of Gustave de Rothschild, with a comparatively dowerless damsel, Mlle. Auspach (of his own people), has been a new precedent in the Crcesus family, Hitherto they only wed strictly within the degrees of consanguinity. Roths child, of Frankfort, married his cousin ; James Roths child, of Paris, married Miss Solomon Rothschild ; Anthony Rothschild, ditto, married his cousin ; Nathaniel Rothschild did likewise ; Lionel Rothschild, of London, married the daughter of Anselm de Rothschild, of Naples ; Alphonse de Rothschild, of Paris, married a daughter of Lionel, of London. THE INTERNATIONAL SLAVE TRADE. —We have no intention of concealing our satisfaction at the rapidly increasing importance of the commerce in blacks between Missouri and the South. There is no true friend of the State who will not be gratified by the fact that the slaves of Missouri are rapidly finding purchasers who take them out of the State and leave in their stead thousands of gold dollars, enabling their former owners to pay for the labour of white men in tilling the ground and raising the rich crops which our farms are capable of producing under labour intelligently directed. The South is doing a good work for Missouri. We have to record the de parture of another lot of negroes from our midst. The steamer Ryland brought 29 adults and children, male and female. They were the property of Mr. Tom Smith. of Independence, and bought at an average of $l,OOO a head, as a speculation, by Mr. Gwin, of Vicksburgh, Mississipi. Mr. Gwin says that six or seven of these are • amongst the finest negroes h e ever saw, and cost him $1,200 cache—Missouri Democrat, Jan. 6. Mr. P. Hunter,' treasurer, read the financial state ment. It showed that the expenditure for the year had been £3BO, which exceeded the income by £5 135., leasing that sum due to the treasurer. The principal items of income were as follows :—Subscriptions, £49 ; donations, £9B ; sales by Thomas Clarke, hawker in the north district, £196 ; sales by F. Hunlow and S. Greer, in the south distriet, £l6 ; sales at the repository, 113. The principal items of expenditure were £79 for salaries and commission to kawkers, £241 for books and prints, £25 for paper, printing, postages, and advertising, and £l6 for hawkers' licenses. In addition to the balances due to the treasurer, £42 was owin. , for books, which made a total of £47. Against this was placed the value of the stock of books in hand, which (including a donation of £5 worth from the Religious Tract Society) was £lO6, being £5B more than the society's debt. A total of 4,140 sales, included 335 church services, 136 bibles, 266 prayer books, 3,101 books, and 302 prints. Mr. Higgins proposed that the report be adopted, which was seconded by the Rev. F. Harke, and carried unanimously. Mr. .T. Rounthwaite proposed the second resolution, which expressed the necessity for extending the sphere of the association, so as to embrace the whole archdeaconry of Liverpool, when the necessary arrangements should have been made, and funds obtained. Rev. Mr. Livingstone seconded the resolution, which was carried unanimously. The Managing Comniittee were re-appointed for the present year, on the motion of the Rev. John Whitby. Rev, Mr. Stewart proposed a resolution calling upon the clergy of the several districts and friends of the society to use their best exertions to procure subscriptions for the society. . Mr. Hunter, treasurer, seconded the resolution, which was also carried. _ 11 , 410 J JV The proceedings closed with a vote of thanks to the chairman. WESTMINSTER ABBEY..—It iS stated that the minor canonry of Westminster Abbey, vacant by the death of Dr. Waters, is to be filled up by the appointment of the Rev. S. Flood Jones, M.A., incumbent of St. Matthew's, Spring-gardens. The longest military march on record has been accom plished by the 3rd Troop of Horse Artillery, which left Scinde in December, 1857, and is believed to be still marching, having traversed about 2,500 miles in the interior.—Letter from Bombay. FASHIONABLE EXTRAVAGANCE IN PARIS.--The habits of display, and the lavish expen diture r equired by ladies the notions of what is requisite for an "establishment,,, i s t a institution ithinent," ution of L h ave become so colossal, that bridegrooms have been a2ar o m re e t d t , es and a h s a v b e ec b om ec e om fom become scarce. cause an inevitable. The social evil. To discourage extravagance ought, in self defence, be the task of the gentler sex. give e F T a H ny E EmAoßreLfaovpoußripbol N.—We regret to be unablel : t e oT n ifg erable peer. Some of favourable report of the state wofethisHEALTH e we believe, better on Wednesday, but, unfortunately, lo a r s ds t h o ip aff 's o s r 7 gr p o to u m nd s they were not so decidedly improved of hope that life will be much prolonged. Lord Goderich, with whose grateful anxiety his constituents will sympa thise, is in co ns t ant Putney Heath.-- attendance on his noble parent at Leeds Mercury. LIVERPOOL POLICE INTELLIGENCE. BEFORE MR. MANSFIELD. STRANGE CA SE. —A " WILD" HUSBAND.—PhiIip Oates, a very untameable-looking specimen of the genus Aomo (query, wild oates ?), was placed in the dock, on a. charge for having made a certain and solemn promise to provide for his wife Mary, by "doing for her." Now, it is quite right that all well-regulated husbands and wives should "do for each other ;" but, still, the sort of " doing" promised by Mr. Philip Oates, for his wife Mary, was another thing altogether, as hereafter fully fairly and openly appeareth. One would have supposed that Mr. Philip Oates, in " doing" for his wife, had promised to provide her with meat, drink, and clothes, and all other necessaries, including medical comforts when required. This sort of " doing for her," however, in the mind of Mr. Philip Oates, would have involved him in some expense —to wit, the baker and butcher's bill, dress-maker's and apothecaries accounts, and, probably, a draper might drop in with a " little bill," for cotton gowns, and a trifle of silks ; and very likely the milliner would call on a Saturday evening for the pric • e of a "last new out Eugene," and theboot maker might be expected, like a second Paul Pry , ho p in g h e di d not intrude, with a docket for a pair of " patents." This. sort of " doing for," although legitimate and fair, never entered the head of Philip Oates, Esq.—not a bit of it.. No, Mr. Oates conceived a shorter way of arranging all these little affairs at one fell swoop—by knocking the brains out of his aforesaid wife. And, certainly, it must be admitted, that had he succeeded, in would have "done for her" very effectively. Mrs. Oates, not liking this sort of "doing" way, consulted the attorney—Mr. John. Cobb, and - Mr. John Cobb consulted Mr. John Smith Mansfield, our local stipendiary magistrate, and Mr. Mansfield consulted the law, and the law came to the conclusion that Mr. Philip Oates should not be allowed to "do " for his beloved wife Mary after any such fashion. And, moreover, the law did more than that; it issued an oblong piece of paper, called a warrant, and that very silent monitor, by the assistance of a gen tleman with cabalistic figures on the collar of his coat, nearly approaching to the lower part of his ears, placed Mr. Oates in front of Mr. Mansfield—to wit, in the dock, on the above interesting char , e of " doing for his darling- Mary !" Mr. Philip Oates was about the "wildest sort of Oats," or of any other kind of corn, that ever stood before - Mr. Mansfield ; but at present a description of his tout ensemble is altogether beyond our time (not our poWer of portraiture). Mr. Cobb appeared for the prosecution, and Mr. Snowball for the " Wild Oates." It seemed from the evidence, and other circumstances in the case, that Mrs. Oates is a cow-keeper, in Lower Parliament-street. Mr. Oates was formerly a carpenter, and the parties got married— the cow keeper and the carpenter. The latter, however, soon began to beat the cow-keeper, and when he could not catch the latter, he vented his pugnacious qualities on some one, for he killed the cows, by stabbing them with a " pitchfork." Whenever he could lay hands on his "darling Mary," he made " regular slaughter ation" on her. He was no less than eight times in jail for different periods for attempts on her life. He was tried for attempting to murder her, and was sentenced to four years' yenal servitude. She, however, had so strong an affection for him, that by very great exertions and considerable interest, she succeeded in getting him off for two years. When he came out, the first thing lie did was to nearly murder poor Mary again, and for this he was sentenced to nine months' imprisonment. During this period of his imprisonment, Mr. Cobb applied to the Divorce Court, in London, and obtained a judgment separation. On Wed nesday last the fellow came out of jail, and the first uselhe again made of his liberty was to go to the place in Lower Parliament-street, and threaten to kill his wife at once, and, as was stated, he would probably have done so, had he not been arrested. These were the facts, and Mr.f Cobb said, of all the ruffians he had ever heard of, the prisoner was the greatest ; and if His Worship did not adopt the most stringent measures in his power, there was no doubt he would murder the woman. Mrs. Oates swore that she was afraid the fellow would murder her, if he were allowed out now. The prisoner was remanded for the present, in order to consider what was best to be done in his case, as Mr. Mansfield said, from his knowledge of the prisoner, he feared he would kill his wife. PUBLICANS' AND BEERSELLERS' OASES. .: BEFORE MESSRS. SMITH AND HOUGHTON Nathan Caunce, publican, of Maddox-street, was sum moned on six informations, charging him with selling spirits, &c., to six girls under the ages of fourteen. The case was before the court last week, and it will be remembered that the defendant was charged for, and convicted of, selling rum to girls under fourteen years of age. On that occasion, further informations were granted against him on the six charges, and he was brought up on them yesterday. Mr. Chilton appeared for the defendant, and aftei , hear ing the evidence of some of the girls, who alleged` that the defendant served them with rum until they were drunk, their Worships fined the defendant £1 and costs, the other cases being withdrawn. —hi Given, beerhouse keeper, was charged for doing business on last Sunday. Fined 10s. and costs. Charles M'Nally, beerhouse keeper, Hilton-street charged for selling beer on Sunday morning last Dismissed. Mary Ellen Mercer, beerhouse keeper, Atkinson. street, was charged for selling ale at prohibited hours. Fined ss. James Leighton, Peter-street, was charged for Sunday trading. Dismissed. charged for_selling ale on Sunday', ai ill( gal hours. Fined £2 ths. and costs. Martha Jones, Hill-street, Park, was charged for doing business at illegal hours. Fined ss. Thomas CO'nnor, beerhouse-keeper, Steward-street, was summoned on two informations, for doing business at illegal hours. Fined 10s and costs. Mary Gorst, beerhouse-keeper, Kew-street, E werton, was charged for doing business at prohibited hours. Fined lOs and costs. A. POINT —George Shaw, beerhouse keeper, Dale street, was charged for selling a pint and a-half of ale, at half-past eleven on Saturday night last. Mr. Blink appeared for the defendant, and produced witnesses to show that beer was purchased at ten o'clock at night, and that at half-past eleven it was sent for, and on this evi dence the charge was dismissed. STEALING BLANKETS.—ChW;Ies Williams, a well-dres sed young man, was charged with having stolen and pledged some blankets, the property of Sarah Chadwick. Mr. Bluck was for the prisoner. It appeared that the prisoner lodged with the complainant some time ago, and when he left the articles were missed, and subsequently found pledged, and the prisoner was identified as the person who pledged them. Mr. Bluck advised the prisoner to plead guilty and he did so, and was sentenced to three months imprisonment, with hard labour, under the criminal justice act. LIVERPOOL COUNTY COURT, ,-YESTERDAY BEFORE W. A. HTJLTON, ESQ, JUDGE CLAIM FOR WAGES AGAINST A SPANISH CAPTAIN.-- NOQUEDA V. MAQUIDA.—III this case, Mr. Campbell ap peared for the plaintiff. The defendant did not appea r . It was stated on the part of the plaintiff, that he shipp e d ou board the Primera de Carden, a Spanish vessel, in Havannah, on the Ist August, 1857, as an able bodied seaman, at $2O per month. He performed a voyage to Monte Video, and various other ports, and ultimately arrived in Liverpool on the 19th September, and he was discharged on the Ist January, 1858. He had at that period been in the employment of the defendant a year he had received I v v e h d o l t e h e w s a u g m e s o a f n amounting n 3 g s t20(4£68, leaving out o a f nd wh fi i i c 'e h a balance duo the plaintiff of £35 6s 10d, th e sum now months, sought to be recovered. It was stated also that the plaintiff first shipped as a man before the mast, but after some time, the steward deserted, and the defendant made the plaintiff steward. The Judge expressed surprise that the defendant did not a pp ear i n court, and he would con seqnently express no-opinion until he would see whether he would come or not. The captain shortly afterwards arrived, and the defence was gone into, when the captain stated, that he was only indebted to the plaintiff 7 0 dollars, and also that he the plaintiff left the ship of his own accord, contrary to the agreement, which was, that he should complete his journey, which would not be un till they - returned to Havannah. It was also contrary to the Spanish laws, that a sailor should thus act. Mr. Campbell in reply to this stated, that both the captain and mate had beaten the plaintiff with a stick, and that his wages were reduced from 20 dollars to 12 dollars per month. The defendant stated that such reduction had been arranged before the Spanish Consul. His Honour adjourned the case till one o'clock, when it was again called on. The consul stated, the parties came before him and the defendant told him the plaintiff had left the ship before the voyage was completed, and was on that account wanting to stop the whole of the plaintiff's wages, which, according to the Spanish laws, the defendant had a right to do. The consul recommended the captain nota_e to be so hard with the plaintiff, as he wished to make peace between them. His Honour gave a verdict for the plaintiff for £2O. FESTIVAL OF THE SONS OF THE CLERGY. —The Arch bishop of Canterbury has fixed Wednesday, the 18th day of May, for the celebration of the 205th anniversary festival of the Sons of the Clergy, at St. Paul's Cathedral