Northern Times. — Liverpool, Merseyside, England, 1859-04-05 00:00:00

THE SPRING ASSIZES CROWN COURT.—YESTERDAY. BEFORE MR. JUSTICE WILLES AND A COMMON JURY. THE MANCHESTER EXHIBITION.—THOMAS D. Joerns T. THOMAS FAIREURN. — This was an action brought by the plaintiff, a constructor and civil engineer and contractor, against Mr. Fairburn, who was the chairman of the Art Treasures Exhibition in 1857. The claim was - for services rendered, work done, and goods sold and delivered. The plea was that the defendant was not indebted in more than the extent of £125, which sum was lodged in court. In addition, £238 was claimed. It appeared from the opening statement of the case by Mr. Atherton, Q.C., that the plaintiff claimed for three items, the first for materials supplied, second for services rendered in taking down a roof, and the third for the superintendence of turnstiles, &c. It seemed that Messrs. Yong and Co. were the contractors for the erection of the building, and the plaintiff was the ma nager. ,for that Company. Some materials that were left were purchased by plaintiff, who' had a yard convenient, and subsequently,-the materials were required by a foreman of the works, whose name is Mullally. These were the short facts of the case upon which the action was bronghte Mr. Jones, the plaintiff in the case, was then examined, arid said I am a contractor and constructive engineer. I was the manager, for Messrs. Yong, the contractors for the erection'of the build ing, and there were materials remaining which I purchased. I supplied a variety of things for the exhibition, whilst it was going on. All the turnstiles were supplied by me. There was a committee that managed the exhibition, and the defendant was the chairman of it. A person named Mullally, foreman of the works. The witness read a detailed statement of boards and other things sup plied by him for the committee, to Mullally, the foreman, and on the order of Mr. Deane, who was called " the general commissioner" of the exhibition. He proved having taken down the roof by order of a Mr. Lampert, who had purchased it from the committee. The' witness went into the details of the items, which were very dry and un interesting, and his Lordship suggested, two or three times, that the affair should be settled out of court, as it would take up so much time, and he intimated that he would adjourn it to the end of the common jury cases, as he would not keep other people waiting to hear the termination of this case. This course, after some conversation, his Lordship adopted, and adjourned itto the end of the other common jury cases. &BEEMAN AND SUDLOW V. RUTHERFORD, TYNDALL, AND ANOTHER. —TRESPASS. —Mr. Temple Q.C., (withavhom was Mr. Wheeler) was for the plaintiffs, and Mr. Brett for the defendants. It was an action for trespass, for breaking and entering the plaintiffs' shop; for breaking open a money drawer and taking over £5 ; for breaking and damaging shop fixtures, &e. There were seven counts in the declara tion. The defendants pleaded not guilty as to certain of the counts, and £5 was lodged in court as satisfaction. From the statement aif the case by Mr. Temple, it appeared that the plaintiffs were retail grocers, in Seves-st r eet, Everton, and the defendants were wholesale grocers in this town. In May last, the plaintiffs purchased' groceries from the defendants to the amount of £32 6s. ld., and these goods were purchased on the terms of three months' credit. The date of the purchase was the 3rd May, 1853, and the credit would not, therefore, expire till the 3rd of August. The plaintiffs saw no More of the defendants until the 15th July, when Mr. Rutherford and Mr. Anderton called at the shop, and the latter saw Mr. §pekenian, who is a young man, and asked him for payment. He said it was not convenient then, and that he must wait a few days, until he got money from his father, when he replied, We will take your goods, your body, or payment. There is an attorney outside, who will take you." They then seized on the goods in the shop, and made out an invoice to the amount of £33 75., and made, Spekeman sign it, and then Mr. Rutherford signed his invoice for their account. Anderton subsequently took over £5 out of a drawer. The shop was then closed, and, according to the statement of the learned counsel,' the defendants came in the evening , sent a joiner over a back wall, broke into the shop, carried away (in a cart) all the fixtures, stock, &c., that was in the place, to the amount of nearly £9O. He characterised this as a gross outrage, committed in the open. day, in the streets of Liverpool. The consequence was, he said, to the plaintiffs that they were quite ruined. The defendants had lodged £5 in court to compensate for this gross outrage. He then proceeded to call the following witnesses :—Joseph Spekeman examined. lam one of the plaintiffs, and was carrying on bnsiness in May last in Severs-street, Everton, with Mr. Sudlow, who is my senior. The defendants are wholesale grocers. They applied to us for orders, and we gave them two or three days before the shop was opened. The amount- of goods that came was £32 5s id (invoice put in). The goods consisted of tea, coffee, and chicory. We paid £2 duty on the coffee. On the 15th July I was in the shop, when the defendant Ander ton came in, and said it was a bad job that Rntherford was coming with an attorney to serve me with a suit, and must have either the money, the goods, or my body Rutherford then came in, and asked me to settle the small account. I said he must wait a few days; he said he would not, and that he must have goods for the money. I said I was agree able to tbg, if properly, delivered, and said in the evening' or next morning.. I gave Mina piece of paper, and he com menced putting down the goods by guess. Nothing was weighed, but he put down the things to pay hii Own bill; and put down whatever prices he choose. I did not inter tau tr ith,-.711nt 110 f down ;he made up the bill and put down more than he wanted and lett -the paper with me, taking a copy. Anderton was there all the time, and assisted Rutherford; He then mit 'a receipt to his own bill. He then went away. I told him when the things were properly packed they would be delivered. Anderton stopped for about half an hour walking about the shop, and then went to his dinner. I had no authority from my partner to do what I did. I had not communicated with him on it. I was not aware at the time that they could not take my body. and I believed they could. Anderton came back that day ; and my partner came in a few minutes after. My partner asked what was doing, and I told him ; and he asked Anderton what right he had behind the counter, and he said, every right, and that he had authority from Rutherford. Anderton opened the till and took the money out, and put it in his pocket. There was about £5 16s in the till, and he took it all but six farthings. (Laughter.) He was put out, and the money in his pocket. His Lord ship: Why did you not take it from him? Why, because I had not the chance. Three or four hundred people col lected, and he shouted murder. We closed the shop then at five, in consequence of the row. We went to get our tea, and came back and found the shop broken open, and every thing valuable gone out of it. Had taken stock a few days before, and had it written out on a piece of paper that was put in the drawer. Did not see that.since, but looked for it. The value of the goods taken was between £BO and £9O. We closed the shop after, and sold the 'remaining stock. The fixtures were pulled in pieces, althongli newly put up. Two dozen of wine were taken away. 'We were obliged to give up the place then. Cross-examined by Mr. Brett : I was a grocer before that, and was in a warehouse before that ; was doing nothing before that for a few months. My father lives beyond Warrington, Ind is a gentleman. He was a farmer before that. I was an apprentice to Mr. Sudlow at twelve years of age. I brought a few pounds into the concern, but don't know how much Mr. Sudlow brought in. Bought goods at the Bank-buildings and Post Office-place ; a few pounds to mix with Tyndall s. Bought tea from Mr. Bubb. Mr. Foden, •of South John-street, lent me the money. [lnvoices of goods sent to plaintiff's shop produced.] Borrowed £l5 from Mr. Foden, and had what my father sent me. Was trying to get £2O from a loan society, but did not get it. Anderton lent me a pound or so at a time. I owed him £lO at one time, bat he is paid. I did not pay him, but he paid himself on the occasion alluded to. Rutherford did not tell me that he heard the shop was to be closed, and that I was to go for a soldier or sailor. Had removed before that to another lodging. He reeeipted his invoice to us, and I did so to him. Anderton was in charge of the goods, but notby my consent. They gave me a clean "sweep out" of the shop. The wine consisted of ginger, - raspberry, cherry, aulothers. Mr. Brett : Did not the neighbours drink that, and were they not ill next day ?: No, it would take a good deal to make them sick, lam sure. (Laughter.) The witness was re examined by Mr Temple, and said nothing whatever had been removed from the shop before the time in question. There was no pretence for saying I was going for a soldier. I had money from my father before, and got more in three days after from him, _and I told Rutherford so at the time. Mr. Sudlow, the partner of the last witness, was then examined, and corroborated the evidence, and said he saw the shop when broken °Pen, and saw Anderton and an attorney (named Gray) there. He proved the removal of the goo Is in a cart; and that two days before the stock was worth £9O. They owed for some of had sold about £5 worth of it in the meantil ao it " The cash and , day books, with the invoices, were' gone. There was about £7 worth of stock left on the premises. Thefixtnres in were damaged. They had to give up businessconse quence of the proceedings. On cross-examinationbyMr. Brett, the witness said he failed in busines s i n 1855 and was in situations from that time up to May last, w h en he went into partnership with the last witness. Ile put into the partnership between £3O and £4O that he saved. W as engaged to pay 2s 6d a week to Carmichael in 1856 or 1857, but &AI not keep up the payment. They never tried to (yet credit after that transaction. John Layfield examined b : Is a joiner, the landlord of the plaintiff s , s t a t e d that ho assisted Mr. Spekeman to take stock a few days before the transaction, but he did not remember the amount. He proved having seen - Mr. Anderton in the shop on the d a y i n question, and heard Mr. Sudlow tell him to go away, and that the goods should be weighed , and deli vere d accor ding t o bargain. He would not go away. He saw him take the frle om fire till, and Tu t it I n his pocket _ the goods removin g th roug h the store-room window; he saw Mr. Gray, an attorney, Mr. Anderton, and another person there. Ile saw Anderton get into the cart, and legal objection which we have mentioned as having been raised on Saturday, it was agreed to enter a nonsuit, with leave to the plaintiff to move that the verdict be entered for them. THE MARQUIS OF SALISBURY V. GLIDSTONH—Mr. Jones opened the pleadings in this case, which was an action of ejectment bronght by the Marquis of Salisbury to recover possession of lands, in the manor of West Derby, held by Mr. Robertson Gladstone, of Liverpool. Mr. Manesty, Q.C., stated the case. He sa id he had the honour to appear as of counsel for the plaintiff, - the Marquis of Salisbury, who brought an action against Mr. Robertson Gladstone, in point of form, to recover a certain portion of land, but in truth and in fact to try a question of right betereen himself and the copyhold tenants of the manor of West Derby. It was in form to recover the land, but merely in form; for it had been agreed between the parties that, in the event of a verdict being given in favour of the plaintiff, the judgment which would proceed upon that verdict would not be enforced, to take the land. The Marquis of Salisbury was thelord'of the manor of West Derby; which was a very extensive manor in the neielboUrlibod , of Liverpool. The name of West Derby was one of many manors formerly within the great lordship of Derby. The only subject of ennniry would, however, be the manor now known as that of West Derby, The Mar, quis of Salisbury, as lord of that manor, insisted that the, copyhold tenants within the manor had not the right to do what, in this instance, it was asserted that they had a right to do. Mr. Robertson Gladstone, whose name, the learned counsel observed, he needed only to mention 'in order to introduce him to them at once, was one of the copyhold "tenants, of the manor, and his copy hold tenement was the land in question. The principle 'of manorial tenure was that the tenements were held by what laviyers termed a copy of the court rule. In former times, copyholders were mere tenants at the will of the lord of the manor ; but they succeeded step by step in acquiring a large interest than a mere tenancy at the will of the lord, andithey obtained usually an interest:to the extent, that they were still tenants of the estate at the will of the lord, but according to the custom of the manor. The copyholders, therefore, if they conformed to the custom of the manor, were not liable, although still called tenants at will, to have their estates taken from them, provided they kept within the limits of the bounds of their rights as ascertained and established by the custom of the manor. The subject of the present action was an attempt upon the part of a copyholder holding, as Mr. Gladstone did, his tenement under the will of the lord, and, according to the custom of the manor, to set up a right which he would say advisedly went beyond the length of any claim of which he had ever had any experience The act which Mr. Gladstone insisted he had a right to de was to take the clay, of which there was a vast quantity in that manor; and of a most valuable character—to take the clay which formed a part of the actual substance of the soil, and to convert it to his own purposes, not being those of repairs within the extent of his tenement. Mr. Glad stone insisted that he, having the limited and restricted tenure which had been mentioned, had, nevertheless, a right to break the surface of the manor, to take the whole of the clay, to make it into bricks, and thus to turn his estate into a brickyard, not for the purpose of building - upon the estate, or of doing anything to improve the land which belonged to the manor, but for the purpose of sellhig the brick that'he might take bodily the soil which belonged to the lord of the manor, that he might convert it into bricks, to sell those bricks wherever and to whomsoever he pleased. Mr. Manesty contended that no such right what ever belonged to a copyhold tenement, and that the defen dant in this instance had, by transgressing the limits of his power forfeited his right to the manor. Under these cir cumstances, the action was brought to decide the question of right. The evidence upon the part of the plaintiff was simply the document under which Mr. Gladstone obtained possession of the land, and the admission of his claim to make and sell bricks. Mr. James, Q.C., who, with Mr. Mellhuish, appeared for the defence, contended that the claim of the plaintiff was both groundless and unjust, and that when the jury should have heard the case, they could come to no other conclusion than that the Marquis of Salisbury, when he insisted upon such a claim, he should be able to show that from time whereof the memory of man was not to the contrary, the copyholders of that manor had been used and accustomed to do that which the Marquis of Salisbury now insisted, he 'was entitled to consider Mr. Gladstone's estate as forfeited, for doing. He denied that this was at all an unprecedented case, and reminded the jury that it was not disputed, that copyholders had in various cases the right to dig into the bowels of the earth for coals and other minerals. Was it, therefore, so very absurd to - suppose that, withont at all going into the bowels of the earth, a copyholder might have a right to take and use the clay of the surface which was so much more accessible ? He contended tnat the custom in the North theof Ensgoulatnhd and 'ier e fl a l st v ; er u y nd m Te i f il e P rrld i - s t r O fv ; "" ea t se h rrisi ng in Cumberland, in which Mr. James claimed, the right of digging for alabaster upon copyhold land belpuging to Mr. Aghonby, the lord of the manor, 'in which the for mer was successful with' thejury, and also with the Court of Chancery. In 1824 the' Marquis of Salisbury became the lord of this manor, and during the 33 years which followed up to 1857, he had never dreamed Of disputing the right upon the part of the copyholders, which was all the time being exercised. Mr.' Gladstae, in 1056, purchased the 'property in question, at a vast price, upon the faith, as it had been bought and - sold in various instances before, that the clay, with which he well knew the estate to abound, would, when pnrchased, be his, to use at his sole will and pleasure. Having completed the purchase, he at once entered into arrangements to make bricks, and the arrange ment was, to a considerable extent, carried into effect. It was upon the 4th of August, 1857, that he first received a notice from the noble plaintiff, denying his right to take the soil, and calling upon him to desist from doing so. it would be easy to imagine the astonishment which this notice created among the whole of the copyhold tenants, to the number of some hundreds, that the right which had been exercised openly up to that mo ment was to be disputed. Under these circumstances, the defendant resisted the action. Mr. James stated that he should be able to show that in the rolls various of the conveyances from a very distant period, prepared by the lords' own officers, and regularly recognised by the lords, conveyed the right to cut turf, to take stone, coats, and other minerals, and to dispose of them even for merchant able purposes. He should be able to show that in the time of the predecessors of the present Marquis ,of Salisbury, as well as in his own time, the right of making bricks had been openly recognised, and, that in one place two millions of bricks had been made every year. He contended that the custom as regarded' copyholders in the north-west of England, was much more extensive in its character than in other parts of the conntry, and that the fact of the present plaintiff never having, for thirty-three years, attempted to interfere with this right was evidence in itself that he did not believe he was entitled to do so. On these and other grounds the learned counsel contended that the present was an unjust and unreasonable attempt to interfere with a recognised an& long-established custom, for the purpose of cndeavonring to obtain an increased revenue from the land. Mr. Manesty appealed to his lordship to say, before evidence for the defence should be' called, whether upon the grounds opened there was any answer to the case for the plaintiff. A lengthened legal argument took place between Mr. Manesty and Mr. Ellis, Q.C., on the one side, and Mr. James and Mr. Mellhuish on the other. His Lordship left the court and consulted Mr. Justice Willes upon the point, after which he returned, and said he had had an opinion of his own before leaving the court, but he thought is was to be regretted that so much time should be wasted in inquiring into a custom which in law could not be supported. But it seemed to him before, and he was now confirmed in that opinion, that there was a very manifest distinction between an unlimited right in a waste, and an unlimited right in proprio solo. He was therefore clearly of opinion that the custom relied on by the defence in this case, if it had in point of fact prevailed, was a perfectly valid and unassailable custom. The calling of witnesses for the defence was therefore proceeded with. Mr. James Holme was examined by Mr. Mellhuish, and deposed that his father occupied, from Oct., 1822, land in the Manor of West Derby for • brick making ; the land was occupied 'by himself also, and his brothers ; the last rent paid for it was in October, 1848 ; it was used for making bricks, and selling them ; on an aver age, a million of bricks was* made by them per year ; on - another 'portion of land, close to that first rae,nti9ned, wit ness and his brother made bricks from 1846 tog 1850. They made nearly two millions of bricks' there in 1846. The bricks they made were sold publicly; there was no secrecy about it. Also held land in London-road by copyhold, and made bricks there up to 1352, about a million a year ;, never heard about the consent of the lord of the manor being required ; never received any obstruction to the m a ki ng a them. To Mr. Manesty : Is perfectly aware that the great bulk of the bricks there made went off the manor. Mr. James Plnmpton deposed that he was the owner of the land first referred' to by Mr. Heinle, and that it had been owned by his ancestors for many generations. A person named Naylor succeeded Messrs. Holmes in making bricks there ; no license was ever required from the lord of the manor for making bricks there. Robert Westmore, bailiff of the 'West Derby court, deposed that he knew most of the copyhold tenants of the manor, and that all the tenants marked upon the map produced were, to his own knowledge, with one exception, copyhold. Has known the manor all his life ' - the copyhold tenants have been in the habit Of taking the clay, making bricks of it, and selling it when ever they pleased, without any obstruction; can remember distinctly, as far back as 1814, and never heard of any claim, I such as the present, from the lord,' of the manor until 1857. Mr. Ambrose Lace, Mr. Palgrave Simpson, and other witnesses were examined with reference to a number of documents, from 1732 down to 1847, being leases of the coyhold • tenements,. conveyiag leave to take away and make merchantable minerals, gallop away with the goods —a very tidy load. There was little goods left in the shop. In reply to Mr. Brett, he said he kept a beerhouse, and the horrid police got him fined. He had not paid the fine yet, as it is not due. Has been bound over to keep the peace. Is not a bit of a lawyer, nor does he give any advice in law. William Parrott, a shoemaker, who lives opposite the shop of plaintiffs, saw Anderton put out of the shop, and it was then shut up. He proved the breaking into the house by some one. This was the plaintiffs' case. Mr. Brett then, addressed the jury and repudiated the case, as opened by the other side, and said he was afraid that the parties on both , sides had had lawyers, and that the lawyers, as they sometimes did, gave their clients very bad advice. (Laughter.) His Lordship said, Mr. Brett did not come under that class of lawyers. Mr. 'Brett went 'through the case and commented on the evidence, and contended that the defendants had no means when they set up in business, and that they were to have paid out of their daily sales, to the defendants, instead of• three months' credit. He argued that the transfer of the goods from Spekeman to Mr. Rutherford, for the payment, was quite legal. His Lordship said that was a bargain that would hold. The other question was, whether £5 was sufficient compensation . for breaking into the shop, and for the quantity of goods taken over the amount Of the invoice made out by Spekeman to. Ratherford.. Mr. Brett went, at length, to address the jury, and rtfien called , Mr. Samuel 'Rutherford, one of the defendants, who said he recollected taking away the goods, but, at the same, did not' think he took anything but the goods mentioned in th e invoicelmade clit by him for Speke man, but he afterwards found there-was about' 6s worth of orange pekoe tea. In reply to Mr. Pickering ,he' said, he is not now in partnership with Mr. Tyndall; he has made an assignment of his property to' his creditors about a fortnight ago, and although some people would call that insolvency, he would not. He thought he could say he was worth 20s in the pound when he made the assignment. He was cross-examined at great length as to the quantity of goods taken away by him, and h e persisted in saying he only took what goods that had been invoiced to 'him. The goods were sold since, and he supposed they were entered in the books. To Mr. Brett, he said, Spekeman told him in the morning that he had no money at all—that there was 6d. or Bd. in the shop. He did not open the drawers, nor see them opened. He admitted having Mr. Gray, an attorney with him, as lie wished to be guided by a lawyer. To the Court : He said the exchange of invoices was mutual. Mr. Anderton was examined, and his evidence went to show that the invoices were exchanged, and that Spekeman asked him to let . the goods remain until evening., and to leave witness in posses sion of them. He denied that he took any money out of the till, as there were only a few coppers in it. He was subject to a long cross-examination, and said he was falsely convicted of felony and suffered 18 months imprisonment. One gentleman was so certain of his inocence, that he lent him £9OO to go into business after it. Mr. Brett then spoke to evidence for the defence, and Mr. Pickerinc , having replied for, the. plaintiffs, His Lordship summeeup, going very minutely into the whole case, and said it was a question for the jury to say, if the £5 lodged in court was sufficient to compensate the plaintiffs for breaking into the shop, and taking an excess of goods over the bargain. The jury found for the plaintiffs, £l5 damages, besides the £5 lodged in court, and costs. • BENNION v. HOLGATE.--FALSE IMPRISONMENT AND MALICIOUS PROSECUTION.—Messrs. Deighton and Overend appeared for the plaintiff, and Messrs. Pickering, Q.C., and Wheeler were for the defendant. It was an action for false imprisonment and malicious prosecution. The declaration contained two counts, for assault and imprisonment, and the other for malicious prosecution. Mr. Overend stated the case, and it appeared that the plaintiff was a scientific mechanic, and was formerly in partnership with a person named 011 is, and that they rented premises from the defendant, who was in the same business. The defendant wanted the premises, and then the plaintiff went into the service of the defendant. In August last, there was a strike amongst the workmen, and the plaintiff left the defendant. Previous to that, Bennion was sent by the defendant to London, to the Bank of England, to do some work, and he took some tools, as a matter of course, with him. After the plaintiff had left the service of the defen dant, he went into business on his own account. Previous to that, the defendant had done some work for Messrs. Turner and Dennett, but it was not satisfactory, and the plaintiff was sent for, to put the work in proper order. Whether this created any ill-blood in the mind of the defendant, he (Mr. 0.) could not tell. Two months after the plaintiff left the defendant, he charged the plaintiff with stealing. some tools, and he was locked up a n d, ch arge d before Mr. Preston, who was then sitting as magistrate. He was sent for trial, but at once acquitted. The tools were not worth more than a shilling, and it would be proved that the tools belonged to the plaintiff, and for the injuries thus inflicted ui. him, Le now mount substantial damages at the hands of the jury. Detective officer Scott was then called, and said he knew the parties. About the 30th of September, he called and saw Mr. Holgate, who told him. he had received 'information that Bennion had some of his tools, and that he had missed a great deal from: the shop. He wished him to • see his workmen, and saw Mr. Holgate , He asked, had he found any of the tools? but he had not. He had not found out where Bennion lived then, but Subsequently did And out where he lived. Arranged with one of Mr. Reigate's boys to meet him near Bennion's house. He searched the house, and found the tools now produced. The witness went on to detail the facts as mentioned. He said, Holgate told him Bennion was a dangerous fellow, and asked witness what he thoughi of it? The plaintiff was sent for trial, and was acquitted.- To Mr. Pickering : The witness said it was in - consequence of what he heard that he made inquiry about the case. Said to Mr. Holgate it was a clear case of felony. The instrnctions I got from Mr. Holgate and his men that he arrested him, but Mr. Holgate did not give him directions. Mr. Holgate, was not, at the police-office when. I charged Bennion. To Mr. Overend, the witness said the defendant had told him the plaintiff had stolen an iron shaft from one of his men, coming from Bootle. James Bennion, the plaintiff, was then examined, and proved the case as- opened, and swore the three tools in question were his own. He was tried and acquitted on the charge. He was about to enter into a partnership with a Mr. Ireland at that time, but he refused to have anything to do with him after that. He had a green grocers shop in Brownlow-hill, and he suffered from that, as people would not give him credit. The trial cost him £l3 2s 6d. Cross-examined by M'r. Pickering : I was discharged in August by defendant. Knows a person named Dawson, and remembers him taking a small steam engine to Bootle and saw:an iron shaft then, but don't know if it was returned. The charge book from the bridewell was put in as read. Mr. Redmond, a reporter, was called to prove that Mr. Holgate admitted, in the Police-court, to Mr. Campbell, who cross-examined Mr. Holgate then, that he admitted he had given instructions to Scott to take Bennion into custody. Mr. Pickering then addressed the jury on behalf of the defendant, contending that there was reasonable and probable cause for the conduct of the defendant, and not a malicious prosecution. Mr. Holgate had missed tools, and he had acted with the greatest caution. He missed the things, and, from the inquiry made by Scott amongst the workmen, Bennion was suspected. He contended that Scott had made the charge, and that Mr. Holgate had no alter tive but to go on with the case. He called William Smith, an apprentice with Mr. Holgate, who said he remembered going with Scott to Bennion's, where they found the tools now produced. He swore they were his master's property. John Danson, a carter, was called, to prove that Bennion took a shaft of a steam engine out of a cart coming from Bootle. This shaft formed part of the original charge. In reply to Mr. Overend, he said there was another man with Bennion at the time. The witness admitted that he was once charged with embezzlement, but not sent for trial. His Lordship said nothing wrong should be imputed to the man, when punishment did not follow the charge. Mr. Holgate, the defendant, was then examined. He stated that he dismissed the complainant; and' was in formed that some of his property was missed. He said Scott's evidence was substantially correct, and said he cau tioned Scott as to how ho proceeded in the case. He felt certain that at the police court, he did not say to Mr. Campbell, the attorney, that lie did not give authority to Scott to arrest the plaintiff. To Mr. 0 hrend :he said he had given Scott directions what to do in the whole affair ; he could not now swear to the tools, though he believed ney were his. He knew the plaintiff was working for Tarnerand Dennett; some four of the men left with the plaintiff. Mr, Pickering' then summed up on the part of the defendant, when Mr. reverend replied on the part of the plaintiff. His Lordship then summed up the whole case, and commented on the evidence as he went on. The jury found a verdict for plaintiff, £l5 on the first count and costs. The court was then adjourned at nearly seven o'clock to this morning, at nine. KENNEDY V. CHAPMIN.—In this case, which was heard oa Saturclay, the jury gave verdict for the plaintiff, da mages £27 16s. 5d., and not for the defendant, as stated in our paper of yesterday:_' MONK v. trToN:---In this case, which was tried on Saturday, the verdict was for the plaintiff. By mistake we stated In our impression of yesterday that it was for the defendant. NISI PItIUS C URT—YEsTAnDAY. Mr. Justice Byles entered 'court at nine o'clock this morning, and proceeded with the hearing of Special Jury causes. MACDONALD T. LONOBOTTOM. —This case was resumed. Mr. James addressed the jury for the defence, contending that if the plaintiff had sent the wool by steamer, it might have reached Liverpool in a few days, but having been sent in a sailing vessel, it took eighty days, a period so unreason able as to render it impossible that Mr. Longbottom could accept it. The jury found for the plaintiff, but upon the ; t rt A rc:;qTll' J`T l 7T I rff ; I THE NORTHERN TIMES; - TUESDAY APRIL 5 1859 marl, clay, gravel, or sand, &c. It was stated, however, that in the greater proportion of instances con tained in the rolls minerals, &c., were not specified. This closed the case for the defence. Mr. Manesty then said he proposed to pnt in a number of documents containing a "cus tomary " of the manor, and writings shewing presentments and orders relating to the taking of stones and turf off f" manor. The learned counsel on either side having the jury, his Lordship was about to sum up, w ien the foreman observed that they had already agreed ,upon their verdict. The jury found for the defendant. Ar. Manesty tendered a bill of exceptions to his Lordshir s ruling, w ith regard to the validity of the custom existg• adpssed The Court then rose. LIVERPOOL POLICE INTELLIGENCE.—YESTERDAY. BEFORE MR. MANSFIELD. Ass/arm—James GArely was charged by officer 833, with committing an assault upon Joseph Liddell. It would appear, tiat on Saturday night, Liddell was standing in Byrom-street, when the prisoner came up, and without one word, struck Liddell and knocked him down. Fined in £5 or two months imprisonment. BEGGINI IMPOSTOR.-40h11 Morgan, dressed as a.soldier, was brought up by detective-officer M'Cullugh, charged with having presented a begging petition to several persons, solieitingalms. M'Cullugh said, that he was ordered by Major Greig to watch the prisoner as he was one of the most notorious beggars in Liverpool. On Saturday he saw the primer go to the minister's house in the Cemetary, and he called there and found that he had presented a petition for aid, saying that he was a 'discharged soldier, with only 8d pension a day, and he had a wife and four children to keep, and they were starving. The prisoner was committed for a month, with hard labour. A BREWER'S DRA.YAIAN IN TROUBLE.—Robert Linsford, a brewer's drayman, was chared with causing the death of John Fallows, driver of a gingerbeer shandry. It would appear that on Saturday afternoon, about half-past two o'clock, a coal cart was standing in Park-lane, opposite St. Michael's Church. The prisoner's cart, and the deceased's shandry were in close proximity, and Linford took hold of his leaders head, and attempted to pass the ginger beer shandry, and the street being so narrow at that point the three carts got locked together, and the shandry was overturned, the brewers cart, going , over Fallows, and killing him on the spot. Mr. Mansfield said that it was evident the prisoner did not use proper caution, and he had no alternative but to commit him on a charge of manslaughter. LATEST BETTING. MONETAP" AND COMMERCIAL. LIVERPOOL, Monday Evening. The Li, pool Cotton Market has been very quiet to-das- and only a small business has been done, the sP 1.. s amounting to 6,000 bales, inclusive of 1,000 for speculation and export. There has been no change in prices. .The following are the— PARTICULARS OF COTTON IN THE .PORTS OF THE UNITED STATES OF AMERICA, From Ist September, 1858, to 23rd March, 1859. .Per Arabia. Total • Receipts. Clearances, To Gt. Britain. Stocks. 1858-9 ..3,111,000....1,767,238.. 1,058,325....915,579 1857-8 . 2,243,000 . . .1,322,000 . . . 862,000 ... . 800,000 1856-7 ..2,529,970....1,446,900... , ;904,200....644,810 The Liverpool Share Market has , been very quiet to-day, and prices have had a lowering tendency. The transactions were :-Caledonian, 821 London and North Western, 941 941; Midland, 1011, 101 ; Great Western of danada New Shares, 41d. After official hours some sales were made in London and North Westerns at 941 ; and South Eastern and Dovers at 21 to 21 101. The final closing quotations were-Blackburn, 111, 111 ; Chester and Birkenhead, 631, 641 ; Caledonian, 82, xd 821 ; Eastern Coun ties, 114, 12 ; East Lancashire, 921, 931; Great Northern, 103, 104 ; Do. A, 88, 89 ; Great Western, 581, 59 ; Lancashire and. York shire Stock, 941, 941 ; London and North Western . Stock, 90, 94t; Do. one-eighth shares, 15-16, d ; Manchester, Sheffield, and Lincolnshire, 381, 381; Midland Stock, 1011, 1011 ; North British, 58, xd 581 •, North Staffordshire, 41, 41 d ; North Eastern - Berwick, 921, 92.1 ; York and North Midland, 761, 77 ; Leeds Capital Stock, 461, 47 ; South Eastern and Dover, 21 1-16, 211 ; Dutch Rhenish, 4i, 41 d ; Great Western of Canada, 15a, 154 ; Do. New Shares, 5, 41 d; Great Luxembourg, 6 15-16, 7 1-16 ; Grand Trunk of Canada, 81, 8y ; Lombardo-Venetian, 11, 1 p ; Ditto New Shares, 1 , 1 p. The uncertainty w hich attached all day to the course intended to be pursued by the Government caused a feeling of gloom to hang over the London Stock Exchange all day. This, taken in connection with the fact that the foreign news received contained nothing of an additional assuring character, caused Consols to decline, which they did to the extent of about one-eighth per cent., and closed heavily at a decline. At noon the quotations was 951, and at the final close the top price was 95g. The London Market for Railway Shares was also heavy, and lower prices were accepted where sales were made. The following were the final closing prices-Ambergate, 6, 61; Caledonian, 811, 821; Do. pref., 100, 102 ; Eastern Counties, 591, 601 ; East Lancashire, 92, 93 ; Edinburgh and Glasgow, 721, 73 • Great Northern, 102, 103 ; Ditto A, 80, 88 ; D itto 8., 132, 133 ; Great Western, 581, 59 ; Lancashire and Yorkshire, 941, 941 ; Brighton, 112, 113 ; North-Western, 941, 94,1 ; South-Western, 921, 921 •, Manchester, Sheffield, and Lincolnshire, 38, 381 ; Midland 1011, 1011; North British, 571, 581; Do. pref., 1081, 1091; North-Eastern Berwick, 92, 921 ; Leeds, 461, 711 • York, 76, 761; North Stafford, 41, 41 ; South iastern, 70, 701 ; Turkish Sixes, 921, 931 ; Do. Fours, 1021, 1031 ; Grand Trunk of Canada, 81, 9 ; Great Western of Canada, 151, 151; Ditto New, 5, 41. The Freight Market during the past month is thus reported upon in the circular of Messrs. J. P. Platt and Co., just issued :- AUSTRALIA.-Freights have been very languid all the past month, and the advices per Overland Mail, received on Saturday last, have not tended to improve them. The re gular liners, however, continue to receive good cargoes, though at very irregular rates ; and the engagements for Melbourne for measurement goods can be made on easier terms both to the Bay and Wharf. The arrival of the next mail is anxiously looked forward to, in the hope of its bring ing improved accounts, which, if the case, together with the more favourable prospects of the continuance of peace and cheapness of money, a healthy and enlarged business may again be expected. Our to-day's quotations are :-To Hob son's Bay, for fine goods, 40s ; earthenware, 35s to 37s 6d per ton measurement ; iron, 35s ; other weight, 35s to 40s per ton weight ; to the Wharf 5s per ton additional. To Sydney, for fine goods, 40s ; earthenware, hardware, &c., 35s to 40s per ton measurement ; salt, 40s to 42s 6d per ton weight. To Adelaide• there is very little going, and freights nominally 40s per ton measurement, 35s per ton weight. UNITED STATES.-We have little or no change in froighfo to notice, oyroopt fot Now Otloano, Ivliieli are ge nerally higher , at this season. During the last few days a business has been maintained, and in some instances a slight advance obtained ; we, however, do not anticipate its con tinuance, but rather a downward tendency, a large number of cottin ships . from the southern ports now fully due. It appears by the advices received . to-day that the positiqn of Monetary and Commercial affairs in New York remain much the same as in this country. _An abundant supply and a limited demand are still ifs leading features. Trade is 'slowly inf proving, but the increasing requirements of the mercantile community have not yet created any ma terial influence. It 'is singular to notice, also, that speculation is quite as much repressed as in London or Paris, and that Stocks and Railway dividends attract very little attention, The steamer Salsette arrived at Suez on the 27th March, with dates to Feb. 17 from Melbourne. The Panther, with the light portion of the Australian and Bombay mails, reached Marseilles this morning, and the letters will be delivered in London on Wednesday morning. It is understood that the increase of upwards of a million in the " government securities " shown in the Bank return just published, is occasioned by the transfer to the Bank of the second million of Ex chequer Bonds falling payable in 1862. It will be remembered that in anticipation of the arrival at maturity of the 2,000,0001 of bonds due the sth May, 1858, an arrangement was come to between the Chan cellor of the Exchequer and the Bank, by which the latter agreed to take immediately 1,000,0001 of new bonds redeemable in 1862, and the remaining 1,000,0001 at an interval of a twelvemonth, in the event of the Treasury requiring the accommodation. The rate of interest agreed upon was 31 per cent per annum. The withdrawals of gold from the Bank on Satur day for exportation, represented the large sum of 112,0001, making an aggregate of 172,0001 since the date of the last return. The 58,2001 by the Water Nymph from Melbourne, has been taken for the Continent, and the 87,8001 by the Copenhagen is expected to follow on Monday. Considering that this is Saturday, the demand for money in commercial channels was unusually active,. partly in preparation for the 4th of the month. The terms generally current are equal to those of the Bank. The withdrawals of gold from the Bank to-day for exportation represented the large sum of £112,000. The Funds were steady during the greater part of the day, but towards the close some heaviness was observable, partly owing to the ministerial crisis. At St. Petersburg the exchange on London has relapsed to 36f.—.Daily News City Article, Saturday Evening. The English Funds opened steadily this morning, and remained without alteration until the afternoon, when there was a reaction of i t, principally attributable to the accounts from France of the urgent continuance of offensive preparations ; such preparations_ can have no purport ; duplicity is being practiced. The Associated Powers being now in a position to protect the interests of justice on all sides, there can be no necessity for extroardinary individual efforts by any one of them. In the Discount Market, in preparation for the 4th, there was an active demand, at the Bank minimum. The precise amount of specie to be despatched to the East, by the mail steamer on the 4th, is £956,773, of which £16,921 is in gold, and the remainder in silver.— Times City Article, Saturday Evening. SPORTING INTELLI ''ENCE, TATTERSALL' S.-.YESTERDI Y. GREAT NORTHERN HANDICAP.-7 to 1 agst Hamalon, taken. CITY AND SURBURBAN.-12 to 1 agst Fleet, offered. ' METROPOLITAN HANDICAP. —5 to 2 agst Lifeboat, offered. 2,000 GIIINEAS.-7 to 2 agst Promised Land, taken. CHESTER CUP.-13 to 1 on the field, offered; 20 to 1 agst Hearne, taken; 20 to 1 agst Bevis, taken ; 50 to 1 agst Leamington, taken. Tun DERBY.- 8 to 1 agst Promised Land, offered • 14 to 1 agst 'Gamester, taken; 14 to 1 agst Volcano, taken ; 1,000 to 30 agst Balnamon, taken; 2,000 to 35 agst Phan tom, taken. SHIP PING INT ELLIGENO HIGH WATER. M WIND Tass DAY ........ onl l6 At Lmaroot,—N.N.W.—Moderate bDoreeze. " HOLYITEAD,—S.W.—Fine ARRIVED. FecaitP Alice Isabella St. Lucia Prince Albert ...... Askur Krageroe Prospero ........ bolus Nantes Stella ....... .• • _.,; Cats...s Eleanor New Orleans Volant ...... .. • C •• h I D i; Flora Falden Bombay Swallow ....... • Abbeville Malines Pacific ........ . • Harriet ....St. John's, N*.F. Triton ...... . Buenos Hesperus Stettin Tamarac Intrinsic Savannah Volta ....... .. • • -15 tterdatg Joseph Howe ....Charleston Pelican (ss) .• • • — ° ,,, ar deaS Marie Ceara Twelve Apostles . • v SAILED. rbad° l4 Rita (ss) Bilboa Madeira Pet Contest Bombay Bleng .......... Vairprore • ..._osiyilyi, Native Lass.... Old Calabar British Queen (ss). • • OFF THE PORT. One barque and two schooners. OFF PUFFIN ISLAND, 3.40 P.M. British Merchant (barque). MARITIME EAT RACTS rE. nr ii LIVERPOOL, gobile WEXFORD, April 4.—The ship Loodianah, froll i „ o rr for Liverpool, ran on shore two miles west o f u a _.*Tcolf point last night, and is high up. All the cargo will "" The even if she does not get off with assistance of steamer. cargo consists of 2,413 bales cotton. Of e s Wurremkvest, April 4.—The Lesmahagow, ..-ra, loss pool, with salt, 8 miles WSW of St Bees-head, Wit' :„ main and mizenmast, and foretopgallantmast ; been 1-:.001, lision ; refused a tug. The Roul, from Nantes to 1ife7,91 has been off here two days, evidently astray ; was b ° a boat ; crew can't speak English. 1, sr HOLYHEAD, April 3.—The following vessels 7.l:ssa into harbour : Tago (ss), for Barcelona; Ceres ( 55 ) , ,k for tander ; Helen, for St Thomas; Richard Treew l ic ti , i ter; Venice ; Clarissa, for Leghorn ; Argo, for Bridg e from Marys, Mystery, and Catherine, for Swansea- - s' Liverpool. f the The report, in yesterday's paper, of the arrival ° Lord Raglan, and Empress, is an error. r itio LLOYD'S, April 4, 4 p.m.—The Eblana, from o' a to London, derelict ; crew arrived at Maranhao. 1 1 1 ,0 at from Hamburgh to St. John's, Newfoundland, vir ec - a coat Longsand. William. Brown, of Glasgow, for E s ,:,, is ashore at Whitehaven.—(Mem. The William Br ° " - reported-to be still in the Clyde.) wai ler) , CHRIMANSAND, April 3. Wolga (Russian has been found abandoned ; crew saved. hs s GoTTENBURG, April 3.—The William IL Aub— put in for repairs. „gle, FIGUERIA, April I.—The Clarence, from NO" — ashore. • L ifer . PERNAMBUCO, March 17. The Seraphina, from pool, has got off shore ; heavy salvage claimed. ostle' WYCK-ON-FOIIR, March - 30.—The Vulcan, from pool, has been wrecked ; crew saved. The Maria Alice was driven across the bows of the T he Elma Bruce, for Sydney, yesterday, in the riv er ' w hek latter vessel lost port poop, stanchions, life-boat, erioa house, &c.,. and in paying away, got foul of an A l° ship, carrying away the latter's jibboom, &c. „ : ,,a s siP? Eighty vessels were on the bar of the (inward and outward) on the 18th March. hers s ' The Lima, from Newport for Liverpool, went a s- Cymba (near Holyhead), yesterday, and sunk. o n 0 1 The Preston (s.s.), from Bordeaux for Liverpool , slid . the rocks at Rhosneger (near Holyhead), yesterday became a total wreck ; crew and part of cargo saye a d.apSet NEW ORLEANS, March 12.—The Delfhaven an d both for Liverpool, went to sea on the 11th March,. t ford The schooner Elephant, with coals, for St l- 7,1 ashore on Ballygnarenten Point, April Ist ; crew' say OUTPORTS. GBAVESEND, April 3. —Arrived : The American Cl r e e e s c: ll from New York ; Cragerwar, Boride River ; Eliza, Yotio Ayres ; Planet, Hamburgh ; Metropolis, Guernsey ; volt Odessa; Lavinia, St. Vincent; Violet, Calcutta; bin; St. Übes ; Cincinatus, Bombay ; Dorothea, gi o • k° ,,drast Inkermann, Mauritius ; Basy, Colombo ; Sion, '440 1 ; John, Livorne ; Clio, Giorgan ; Early Morn, port Norfolk, Leghorn ; Mary Ann, La Sneur, Bahia ; n p ias/ Christiana Jantine, Valencia ; Jessie, Berbuck ; Wi lße priffe ; Randers ; John Wellesley, Guernsey; Empress, Tenn,i;rst; Heiber, Gallipoli ; Minerva, Leghorn ; Pricilli, S ailed' Orwell, Ostend ; Keiser, and Sir R. Sale, Calcutta , w" The Owell, to Port Phillip. 7 - , one tot° DEAL, April 4.—Passed: Maize, from Sierra London ; Kate, Jamaica to London; Kronz, o doP London ; Pricillilli, Gambia to London ; Newton , to Sierra Leone ; M'Donnell. London to Quobee; `l,ildosi; London to L'Orient ; Liffey, St. Michael's to -le:JO; Susannah, west to north.; Thames, Demerara to •"'"baca• Lundea, London •to Quebec ; Anne S ea h a in t 0 con , Anchored : Hearon, London to Cardiff ;. Ville dc -c•stal s ' London to Cherbourg ; Albion, L on d on t o Liverpool; ', l lOO to, London to. Portland. Bay ; lon and Ant, both Lo li nsaie l Quebec ; Daniel Webster,' London to New York ;LA Elliot, London to Bombay ; Ma r i e , Dunkirk to f,'" - ebee ; Bazillel, Valencia to London ; Ratcliffe, London to '41„,, to Dahlia, London to Havre ; Queen of the Isles, Losx;01101 Demerara; Siegnet; Sunderland to Villa Njw s; Chatham to St. John's ; Isabella, Hercus ; Baroque, to London. 1) Om BELFAST, April 4th.—Arrived : Th e Brodersch s ' Rotterdam. N a ples! GREENOCK. —Arrived : The James Ewing, from nritiss; Irvine, St. John; N.B. ; W. H. Thomas Gibson, l3- e illeS ; Magzor Girgenfic, Alexandria; Alexander, 1 /l o s h rs o tat e ! Emma, Nantes; Jeannette, Mareig ; Adelph_zi u„" ta btl ° ,.' Elizabeth Campbell, Trinidad ; Glacus, re i r i ;, / g e Almira, Surinam ; St. Marge, Vannes ; "- Vannes ; Danube, Rio Grande. Sailed : The ' Cc° Gama (s), for Lisbon. „ 6.0 WATERFORD, April 4th.—Arrived • The Dublin, (')'Vesta London ; Courier (s), Milford; Camilla (s), B r istol; o t i (s), Liverpool; Nancy, Milf or d ; Emma, L an elll ; cit y of koff (s), Milford; Aurora (s), London. Saile d Paris, for Milford ; Aurora (s), Belfast. f r om QUEENSTOWN, April 4th.—Arrived Victorine:ienice; Mobile ; Garland, New York, leaky Uranus, ! th th° Concordia, Salonica ; Cheval Marion, Limerick, WI Yis sia loss of topmast; Virginia, Malta, windbouud ; 0( 10; Tindle, Alexandria. Sailed : The Jacatra, for 1 ) ° Choice, Liverpool. P IP DUBLIN, April 4.—Arrived : Lady Eglinton, don ; Vriendeschafe, Rotterdam ; Meli o ra Medora vs Antwerp. Sailed : Foyle (s), for London. KINGSTOWN, April 4.—Arrived : Pallas, from L ice for Dordt ; Oscene, Liverpool, for Douay. SPOKEN. PO' The Boadicea, for Marseilles, in lat. 26 To- SHIPPERS AND LXPORTERS.—A most profitable article' of export, to warm climates especWly, are the Self cleansing Charcoal Filters, patented by Messrs. Saunders and Co., of 16, Parker-street, Liverpool---in, fact they are invaluable wherever there is bad water. S. and Co. allow a liberal discomt 4:11 export and wholtmale orders, March 8 . 29 W. March 16 : The Orion, in lat. 40 N, 10 W. ta t, 4 6 March 26 : The Lady Falkland, from hence, in " • lon. 10 W. -fork; 111 March 29 : The Lucy Thompson, hence to New t o 14elt lat. 50 N, lon. 14 W. April 1 : The City o f B a l t i moae ( s . s .), hen c e York, in lat. 51 N, 19 W W. FOREIGN PORTS. Reindeer, Linden, hence at St. John, Newfoundland' William Patten, hence at Savannah. Roscuis, Cooke, hence at New York. Britannia, Patten, hence at Boston. foul Josiah L. Hale, hence at San Francisco. alke r ' fool Josiah Bradlee, from Calcutta Oda, Havannah ; Teresa Eliza, from Rotterdam ; Palermo—all at Boston. 3. Albanian (s.s.), Bates, hence at Trieste, April Emilie, Gallie, hence at Ceara. ANNUAL C Alt, LUCAS'S I i RIAGE ,EPOSITO RT. e LAREXCES, rARK pozToss,.,s BROUGHAMS, ALBERT Pl" T" _.. ' GIGS, DRAGS, Li g ht and Elegao.s, . WAGGONETTES, BASKET CARatAaf_...beele d FAMILY PHIETONS, T wo and Four Nt BRITSKAS, &8., & C. By Messrs. LUCAS and Co., Repositorl• To-morrow (Wednesday), th e 6th i n stant, at their Great Charlotte-street, Liverpool, 300 CARRIAGES, Sis Order of Sale.—Ten t o 70 Ele s v e e t U s ilol ci ll :c m k s , s. a to // a rtless ; Eleve o'clock, Carriages. ' The whole on view this day (Tuestlay.) . _ is eartt eatl/ a" An inspection of this splendid stock of Carriao.,, requested. ' - -- -- - BUTTE RIAN 1 . BRIGHT 1 AND i , THE " Oh ! 'tis of(Air am — ed r m ill e i r k c i h n a s nt who in andhiji)i"ah."?' d°C5 (114' nyer poi . Who supply folks with Butter who wa nt it to se 1 , His name it is Kelly, you scarce need be told, Whose Butter is worth all your silver and As Kelly tu ., tter li-331. In walks REFOR Sin M g :: --mßuutTte,ran-lid—tßouhtitneir-dia say, was weighing out Butter one day,ri.—°l Come leave your shop Kelly, and with mo awaya ~‘,.. .. And I'll find you a place with no work and ° ] 3, l :tr - l i-d4Y Singue—Butter-li—Butter-h— ...,d, Oh ! no, my brave BRIGHT, that wont suit ruY l . nw e i ~..one , • " For to" cut my " old place" I do not feel i. So to you the good pay I will gladly make e'e rn r ' o re. _op To serve England with Butter a year or two _ ~p . ii That's a good no S b in le gi K n e - 11 be bribe d ' You're, a 'Brick," m y "old buck," and not to Kelly --11J--0113nulittrier;,1!;:isepu.6":„...At . So, in order your Butter to put to the test, Send me weekly s , i h n e oi nce ,_ forw ßu a tt r e d r a .li t _ on ß MORAL. 'ow all you who want butter, you knoW wile r s ig i b l u . l , l : ' So never don't by no means be persuaded to ~ ~u g i t e riPZ. And as all want full value for their "tin," all' i lb,,u Dee' ° li f tt e l f Think or belly the Buttennant =4 14( 9 V; f4.1. ..uur bie3sutiter.l.4o. BEFORE MESSRS. SANDS AND HOUGHTON. APPROPRIATING THE FUNDS OF A BURIAL ►SOCIETY.-- Mr. Bluck appeared on behalf of one Patrick Flynn, a a trustee of the St. Anne's Catholic Tontine Society, who summoned John Gleeden, late secretary to the tontine, for the sum of £4, which he had appropriated out of the funds of the society, and also for £2O, penalty for the offence. It would appear: that the defendant received the sum of £4 to pay to the widow of a deceased member, but he had kept the money, and the trustees had to pay the £4. After some conversation, the case was adjourned till Thursday. LIVERPOOL BANKRUPTCY COURT. -YESTERDAY. BEFORE MR. COMMISSIONER PERRY In re EDGAR AUGUSTUS GLOVER.—The bankrupt, lately proprietor of the " London " Restaurant, Clayton-square, Liverpool, came up on application for his certificate, sup ported by Mr. Rymer. The case was not gone into, owing to the absence of Mr. Evans, solicitor to the assignees, and an adjournment was taken to the 15th April. • In re JOSEPH ATKINSON.—This was an adjourned certi ficate sitting. The bankrupt, who was an outfitter, at Black pool, was supported by Mr. Rymer. Mr. Sandys for the assignees examined the bankrupt, and afterwards addressed his Honour in opposition to the allowance. Mr. Rymer, designated the opposition as extremely flimsy, and thought that - if the bankrupt's Manchester creditors had taken as much pains in makinc , the estate realize six shillings in the pound, instead of eightponce, they would have been much better employed than coming there to ask the court to refuse this unfortunate man a certificate, and make him an outlaw for life. His Honour intimated that he would refer to the proceedings, and give his decision on Wed, nesday. LIVERPOOL PRODUCE MARKET.-APRIL 4. Colonial, &c.: A fair business has bee' done in &gar, at fully previous rates ; including Saturday's business, the sales comprise 350 hhds Demerara at 36s 9d to 39s 6d for Musco vado, and 43s 9d for grainy, 700 bags Dates at 38s to 42s 6d, a cargo (300 tons) Mauritius, to arrive, for an outport, price not reported, 100 boxes Ilavannah, in bond, at 29s 6d, and 3,000 bags Pernams at 23s 9d per cwt from the quay. Nothing has taken place in Molasses, Bunt, or Co f fee. The sales in Rice are confined to 1,150 bags Bengal at 9s 6d to 118 9d per cwt. We are without anything to notice in 1)yowoods. . Of Ashes, 20 barrels Pearls at 31s 6d. Nitrate of Soda at 14s 6d to 16s per cwt as in quality. Of Brimstone, 150 tons reported at £8 per ton for best 3rds to good 2nds. 15 bags Berries at 438; 60 bales sound eanihicr, at 17s sa. per cwt ; small' sales foreign Tartaric Acid, at is 8d 'per degree ; 600 bags Sago Flour ' at 14s 6d to 14s 9d ; 200 boxes fine white Pearl Sago, at 24s per cwt ; and 100 bags Ingia Rubber, at is 8d per lb for middling quality. Oils, &c.: Small sales of Palm at £45 ; in Olive .no change. Tallow quiet, at 54s 6d for PYC. Of Rosin, 1,000 barrels, to, arrive, and, 500, barrels ex quay, at 4s 6d. In Spirits of Turpentine, sellers at 41s per cwt. Seeds : 5,000 bags of Bombay Linseed taken at 52s per quarter. We have fur ther to notice 300 bales Jute, at £l3 10$ ' • 50 bales Bombay Hemp, at £2l lOs ; 20 tons Linseed Cake (English make), at £9; and a cargo Kooria Mooria Guano, in bulk, at a per ton. LIVERPOOL COTTON MARKET.—Aran, 4. There has been a quiet market for cotton to-day, and prices continue without change. The sales—including 40 Pernambuco, 81d to 91d; and 100 Bahia, 7 9-16 d to 71-d; 120 Maranham, 8d ; 200 Egyptian, 81d to 111 d ; 300 Surat, 614—are reported 6,000 bales, of which 1,000 ate on speculation and for export. LIVERPOOL CATTLE MARKET.-APRIL 4 We have increased supplies of stock to-day, particularly of sheep, but with more buyers than last week. The decline in prices were but slight, say lOs a-head on - beef, and is 2d on sheep, at which there was a fair clearance. The num bers at market were-1,657 beasts, 5,806 sheep. LONDON PRODUCE MARKET.-APRIL 4, The following public sales are advertised for to-morrow : Sugar : 100 hhds. Barbadoes, 5,000 bags Mauritius, 1,000 bags Bengal, 1,500 bags Madras, 7,500 bags Siam. Coffee : 200 casks and 1,000 bags East India , and 100 half bales Mocha. Saltpetre : 420 bags Bombay. The private contract markets have been firm, but not active since Friday. Sugar : A limited business done. Coffee : Holders are asking rather higher prices. Tea : This article has an upward tendency, and black leaf congou has sold at very full prices ; common congou sold at 131 d cash. LONDON CORN MARKET.—Apum 4. At this day's market the supplies of foreign grain were good; weather beautiful. Wheat : English in moderate supply, and prices unaltered. Foreign held firmly, but no change to note. Floating cargoes few, except E g ypti an , o ff coast. Fully late prices realised for all qualities. Flour has no great life, but quotations are unaltered. Indian corn a good deal inquired for on Portuguese account, and some quantity has bean shipped from Cork for that destination. This fresh move stiffens the article C. F. and J. Barley : Mild weather again exercises a depressing effect on feeding sorts. Rye would sell at late rates, but there were no arrivals. Malt firm. Peas and beans : Fair inquiry at full prices. Oats: Good choice samples of foreign, 6d per quarter dearer. Irish not in demand. BOROUGH HOP MARKET.-APRIL 4, All new hops continue in steady request, and prices ruled very firm. Yearlings are rather dearer, and • the value of other hops is well supported. METROPOLITAN CATTLE MARKETL---APRIL 4. Prime beasts, sheep, lambs, and calves, steady request at full quotations, otherwise trade is rather heavy, at barely last week's currency. Supplies generally moderate. Beef, 3s 4d to 5s ; mutton, 3s 10d to 5s 10d ; lamb, 5s 4d to 6s 8d ; veal, 3s 10d to 5s 6d ; pork, 3s to 4s 2d, per Slbs., etc. Beasts, British 3,290, foreign 176 ; sheep and lambs, British 20,200, foreiuu 1130 ; calves, British 51, foreign 25 ; pigs, British, 350. LONDON TALLOW MARKET.-APRIL 4. The market is steady, at the subjoined quotations: Town tallow, 52s 6d net cash ; Petersburgh Y. C., on the spot, 533 3d ; April, 53s ; April to June, 53s to 52s 9d; October to December, 53s id. LONDON MINING MARKET.-APRIL 4 , In the mining market today, a good general business has been done. 'Shares in Tamar Consols, Lady Bertha, Tre lyon Consols, Stray Park, Pednandrea, West Caradon, and North Down Mines have been dealt in. In the Stock Ex change, Tamar Consols shares are officialiy marked 2. Foreign and colo'nial mining shares are quiet. St John del Rey have been dealt in at 14. LONDON MONEY MARKET.--APRIL 4. Consols opened steady at 951 to 95a, and then improved to 95 ,1 buyers ) at which price they are now firm. Shares slightly advanced. Canadian inactive ; French easier. Lombards, new, 11-16 to 13-16 prem. GLASGOW CORN MARKET.—APRIL 4 Demand very small, last week's prices maintained for wheat. Barley rather less firm, other articles unchanged. GLASGOW IRON MARKET.—APRIL 4. Market drooping. •No. 1, Us 3d to 52s 6d; warrat6, 52s 4d to 52s 6a; makers' iron, ns to .52s 6d; No. 3,62 s to 52s 3d, - _~-'"` A 8 •i l l 1 1 1 1 i