The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1846-09-01 00:00:00

Sept. 1, 1846. SOUTH LANCASHIRE ASSIZES. CROWN CO U RT.-TUESDAY William Clapham, aged 27, was charged with the wilful murder of Abraham Tweedale, at &Void, in the month of August, 1845. The prisoner was previously brought up twice—once oefore Mr. Baron Parke, and the s,cond time at the last assizes—when the jury on each occasion con sidered him in an unfit state of mind to take his trial ; he bas since been in a lunatic asylum. It appears that Clap ham was an inmate of the New Bailey, Salford, and Abra ham Tweedale was a fellow prisoner. On the morning of •the 2d of August, the prisoner struck Tweedale on the head with a bar of iron, being a pottion of an iron bed stead on which they slept.—His lordship brit fly summed up, and the jury, after a few minute s' consultation, re tured a verdict of not guilty, on the ground of insanity. The prisoner will consequently be imprisoned during her Majesty's pleasure. William M'Arthur was charged with having stolen a sum of money from William Hennegan, a passenger on board of the Commodore steam-ship, on Friday, the lath August. The particulars of this case were recently be fore the public. The jury found the prisoner guilty, and his Lordsh'p sentenced hint to eight calendar months' imprisonment and hard labour. Benjamin Barrett was charged with the manslaughter of Robert Seddon, at Kesrsley, on the 2,1 of April. The prisoner was an engineer at a colliery, had ab etited him self from his employment, and by so doing an accumula tion of foul air had taken place, by which Robert Sedoon lost his life. Evidence was produced to the effect that the duty of the prisoner was to keep the engine-pump go ing in order to reduce the water in the pit. If the water were allowed to accumulate, the prevention of the circu lation of the atmospLeric air was certain, and an explo sion of fire-damp the natural consequence.—This being the purport of the evidence for the pros' cution, his Lord ship stated that his brother Cresswell avreed with him, that the mere act of omission was not sufficient to sustain a charge of manslaughter ; still there was no doubt but the prisoner was guilty of the most culpable negligence.— The jury returned a verdict of not guilty. The prisoner was afterwards arraigned on another indictment for caus ing the death of Thomas Hulton, which being similar to the previous one, the prisoner was acquitted. Richard Wignall. aged 27, was indicted for the wilful murder of his wife, Kitty Wignall, at Liverpool, on Mon day, the 15th of June last The case excited con-iderable interest, and the court was crowded to excess. Mr. Wilkins, assisted by Mr. Blair, appeared for the prosecution, and Mr. Atkinson defended the prisoner. The facts of the case were exceedingly brief, and exactly similar to those adduced at the coroner's inquest. Toe prisoner was a joiner, residing in Gore-street, Toxteth park. A short time after six o'clock on the evening of Monday ; the 15th June, the prisoner went to his resi dence, when some words en-ored between him and his wife, which were continued until a later hour, when the prisoner was observed to strike his wife with his fists about the face, and then with a wooden stool, from the effect of a blow from which she fell on the bed. He then again struck her with his fists, and subsequently be kicked her most violently, from the effects of w..ich she died in about ten minutes. The testimony of the surg-on was at first somewhat undecided. he minutely described the several contusions exhibited on the body, and, on a poet mortem examina tion, found a quantity of coagulated blood upon the brain, which extended partially down the spine. Such appearance might, however, he said, (in cross examination,) be pro duced by strong mental excitement. When pressed by the Learned Judge, he stated that it was his opinion that death had been caused by external violence. Mr. ATKINSON addressed the jury for the prisoner in a most powerful and effective manner, arguing the absence of all malice or forethought on the part of the prisoner. The JUDGE summed up, calling the attention of the jury to the most important pints of the evidence, and lucidly explaining and defining the law relative to murder and manslaughter. The Jury then retired, and after a short absence re turned a verdict of guilty of manslaughter, the foreman stating that it was the unanimous wish of the Jury that he should state to his lordship that they considered it the most asgr.vated case that had ever been brought under their notice. TbeJudge pasted sentence in a solemn and affecting man ner, and alluding to the brutal and reckless conduct of the prisoner said that drunkenness. that fatal and overwhelm ing sin that had been pleaded as an excuse, aggravated the case. By his brutality he had deprived his mother of a son, and his two children of both their pa -rents, for the sentence of the court was, that be be trans ported for the term of his natural life. The prisoner, who had been previously calm, was re moved considerably affected. Joseph Smith, aged 40, and Joseph Wild, were charged with having burglariouslv broken into the house of Mr. Henry Seddon. at Plumpton, near Bury, and stealing several articles therefrom, on the 2d of March. Verdict of guilty against both the p isoners. Squire Lively, aged 43, Charles Entwistle, 22, and Joseph Wild (convic!ed in the previous case), were charged with committing a burglary in the house of Ed ward Hopkin-on. at Tottitigham-lower-end, on the morn ing of the 28th January last.—After consulting for a few minutes, the jury expressed a wish to retire, and at ten o'clock returned a verdict of not guilty against all the prisoners. Jane Staton, aged 31, was charged with burglary in the dwelling-house, of Jo•eph Ta%lor, in Maoche,ter, and stealing several articles therefrom, on the 27th of June last. Guilty ; nine months' hard labour. , ..... William Whittaker was charged with having feloniously married Mary Devine, his former wife being still alive. The case failed for want of proof of the second marriage, and the prisoner was accordingly discharged. James Burn, aged 29, was charged with having feloni ously killed Abraloiro Pitkington, at Manchester, on the 28th May.—His Lordship said this was one of those un fortunate occurrences in which the prisoner might not have intended to deprive his fellow-creature of life, but the case could not be red u c ed below ma nsi o nghter.—Guilty ; but strongly recommended to mercy. He was sentenced to two days' solitary confinement. NISI PRIUS COURT.—TUESDAY. HOBSON AND OTHERS V. GARNER. This was a special jury cause, in which Messrs. Hob son, Jackson, Haslam, and Pilling, the assignees of T. C. W. Pearce and J. G. Homan, were the plaintiffs, and James G. Garner was Ihe defendant, to recover a large amount of money for the creditors of Pearce and Homan, bankrupts. The defendant pleaded a set off, and a va riety of other pleas, which were denied by the plaintiffs. Witnesses were examined on the part of the plaintiffs, and the giving of their evidence occupied the court until half-past two o'clock. The JUDGE in summing up, left it to the jury to say whether the shares were really taken to the general ac count by an honest agreement between the parties at a time when Mr. Garner, although he might know of the embarrassments of the firm, did not know of any act of bankruptcy. The jury retired, and after an absence from court of an hour and a•half, found a verdict for the plaintiffs for 12,273. they being of opinion that the defendant knew of an act of bankruptcy having been committed on Pearce's part at the time the transactions took place. Speedy ex ecution was granted. The next special jury cause in the first list, " Hobson and cohers v. Bird,' was withdrawn. THE COURT IN A FIX The list of common jurors was then called over, with the view of proceeding with the common jury cases. Only three jurymen aoswered. In the o her court there were two juries, one in the box and another locked up. As sixty jurymen had been summoned, there were, of course, thirty-three absentee , , the whole of whom, with the ex ceptio I of one or two, wko h -d been excused, were fined 405., his Lordship intimating that, if this small fine did not keep the gentlemen to their duty, he would, on the next occasion, fine heavily, and, perhaps, try what £4O would do. The Under-Sheriff was directed to pick out such gentlemen as he saw in court who were duty quali fied. At this intimation, several parties were observed to take themselves quie , ly out of court. Considerable amuse ment was occasioned by the compulsory impressment of a fat, country-looking person, who seemed anything but disposed to sit in judgment upon the next cause. At length ten jurymen were obta i ned , and the following case was called on. GEL[. V. DOUGLAS George Gell, rommission.agent at Goole, in Yorkshire, was the plaintiff, and Joseph Douglas, a farmer near the enme place, the defendant. On Saturday, October 18, 1845, the defendant entered into a contract with the plain tiff to deliver to Lim, in the month of May, 1846,2 0 tubs of red potatoes, at Ss. per Ur),—a d , .posit of £2O to be made, and to be taken into account at the settlement. The deposit was made, the defendant received the money, but had since refused to fu!fil his part of the contract. al_ thouth repeatedly applied to for the purpose. The de fence wag, that the plaintiff was not ready and willing to receive the potatoes. The jury found for the plaintiff, damages £75. CROWN COURT.—WEDNESPAY. Thomas Whitehead was acquitted of robbery at Man chester. Jo%eph Wild, Squire Livesey.Joseph Smith, and Chas. Eniwzale were found guilty ot burgl .ry, near Bolton, and sentenced to ten years' tr-sportation each. John Carnes was found guilty of burglary at Manches ter. Not sentenced. Cornelius Cain was found guilty of stabbing Patrick Branan, at Manche,ter, and was sentenced to 14 years' tran-por ation. . - Matthew Weld was acquitted of a burglary at Man chester. Joseph Gardner was found guilty of burglary at Man .cbester, and sentenced to 7 years' transportatton. Robert Hal ding was round guilty of burglary at Man chester. Not sentenced. James Hunt was found guilty of manslaughter, and 4enreoced to 18 months' imprisonment. James Goslm was acquitted of a robbery at Manchester. NISI PRIUS COURT.---WEDNESDAY. VALPEY AND OTHERS V. IIEYCOCK AND ANOTHER. The plaintiff : , i n th i s case. Richard Valpey, John Por ter, and John Gibson, (assignees of Mr. Brown, Bir mingham ) commission-agents at Leeds and Manchester, sought to recover from Gibson, Ord, aid Co., who traded ender the firm or `•Fleycock and C 0.." th- value ot four eases of woollen onds, under 1 be following c'rcumstances —The goods in question had been sent by Gibson, Ord. sad Co., thedeienda nts , to M essrs. Leech, HE Arrison , an d Co., of Liverpool, at the desire of Brovin, the bankrupt, in order to he shipped by them for t. lison, Cazenov e , and Company, of Vals.araiso. The g oo d s were sent 'from Manchester on the 26;h of March, and payment was to be made for them on the 2611 of April. They were put on board a vessel called the Kestrel. Mr. A!i , on, who was in this country, saw the goods, objected to Mr. Harrison that they were not packed in the way desirable for a fo reign market, and they were sent back to Gibson, Ord, and Co., to be placed in eight packages instead of four. Whilst the goods were being repacked the day of payment expired. and on O'e 7th of May kr. Brown became a bankrupt. Tne question was whether Gibson, Ord, and Co., had a right to keep the goods for the vendor's lien, or whether the assignees had a right to receive them for the general benefit of the creditors, Gibson, Ord, and Co., coming in along with the other creditors. The facts, as stated by Mr. Martin for the plaintiff, were undisputed by Mr. Knowles for the defendant, and, without calling wit nesses, a verdict was returned for the plaintiff, subject to a special case. BELL V. HARRISON John Bell, the registered officer of the Newcastle-upon- Tyne Joint Stock Banking Company, was the plaintiff. Anthony Harrison, chemical manufacturer, of South Shields, was the defendant. The action was brought to . recover the sum of £520 16s. 6d. upon a banking account. The defendant denied his Lability, except as to £202, which had been paid into court. The defendant became a partner in August, 1845, with William Kirk, in a colliery called the Farnancres Colliery, which had been originally carried on by Kirk alone. Between August 13 and Octo ber 11, (when the defendant gave notice that he would not be liable,) the colliery had overdrawn the sum of £520 16s. 6d., and this was the subject of the action. The facts of the case were involk ed in sundry intricate cash and bill transactions, and during the investigation the Judge remarked on what he considered the odd way in which the books of the bank had been kept. The point of the case left to the jury turned upon the question, whe ther the account in the bank was a general account of debtor and creditor, or whether certain items were allowed to go in liquidation of certain other items. The jury con sidered the account a general account, and reduced the verdict to £219 ss. 11d. At the conclusion of the case, his Lordship said the mode of keeping the accounts re flec'ed little credit on the management of the bank, and they need not be surprised that it was winding up its affairs. BELL V. RIDLEY This was another case, in which the registered officer of the Newcastle-upon-Tyne Joint Stock B4riking Company was the plaintiff. Tile defendant was Mr. John Ridley, an attorney at Newcastle-upon-Tyne. The action was to recover nominally the amount of two bills of exchange, for £2OO each, but really only one, the second being only a renewal of the first, which was given by the defendant as security for Robert Wall Ogilvie, for money he might overdraw from the bank. The real question for the jury was whether the first bill, which was deposited on the 6th July, 1845, was deposited to secure the current account of Ogilvie to the amount of £2OO, or whether it was de posited not to cover the current account, but to cover any amount the bank might allow the customer to overdraw his account. As in the last case, the facts were very un interesting, and involved many bill and other transactions. Ells Lordship described the case as one in which two in solvent witnesses were called to give evidence about an insolvent bank. The jury found for the defendant. BIRD AND OTHERS V. BROWN In this case a verdict was taken by consent for the plain tiffs. Damages £10,142 7s 4d., subject to a special case. ..s. CROWN COURT.—THIIRSDAY. The following prisoners were placed at the bar to re ceive their sentences John Lythgoe, William Standish, John Kearns, and Robert Harding, all youths under sixteen years of age, who had been convicted of the crime of burglary—three months' imprisonment and hard labour; one day in each week solitary. Charles Pilling, convicted of an assault upon his wife— twelve months' imprisonment and hard labour ; one day in each week solitary. Michael Ki'course, also found guilty of an assault—six months' imprisonment and hard labour. Sarah Phillips, convicted of receiving goods, knowing them to be stolen—Six months' imprisonment and hard labour. Robert Russell, who pleaded guilty to a charge of utter ing two forged bills of exchange, at Manchester—Fourteen year's transportation. Thomas Simms, who pleaded guilty to a charge of forg ing a banker's cheque, at Manchester, with intent to de fraud Messrs. Cunliffe, Brooks, and Co.—Seven years' transportation. Barnard Riley, who pleaded guilty to a charge of utter ing a forged receipt for the delivery of goods, with intent to defraud Samuel Geatrix, of Manchester.—Ten month's imprisonment and hard labour. James Johnson, who pleaded guilty to two indictments against him for a larceny—Six months' imprisonment. Miry Bell, who pleaded guilty to an indictment charg ing her with endeavouring to conceal the birth of a child of which she had been delivered, by secreting it in a chim nev—Six months' imprisonment with hard labour._ John Frost, charged with the manslaughter of John Da vies, at Liverpool, was brought up and discharged, the bill having been ignored by the Grand Jury ROBBERY ON LHE HIGH SEAS. David Turkington, 26, was charged with having, on board the ship Cremona, stolen forty sovereigns, the pro perty of Patrick Lynch. The prosecutor, Lynch, sailed in the ship Cremona, from New Orleans, on the 15th of February last, and the prisoner and his wife were fellow passengers, occupying part of the same house with him on the deck of the vessel. At that time the prosecutor had in his possession a sum of £5O, £4O of which was in so vereigns, and for greater security he sewed up these so vereigns in a cloth belt, and the remaining £lO he kept in a silk purse. The prisoner and his wife were present when he sewed up the money, and no other persons were cognizant of the circumstance. Prosecutor placed the belt and the purse in his box, between the time when the vessel sailed and the 12th of April following, but soon after that some rough weather comini, on, he was obliged to remove into the forecastle of the ship, leaving his box in the house where the prisoner and his wife remained. On the 14th of April the box was examined, and the belt with the money was found to be missing, but the purse was still there, the box being locked, and to all external appearance in the same condition as when he left. The prosecutor then complained to the captain, who ordered all the passengers to come forward and produce what mo ney they had, the prisoner at the time showing a gold coin and some silver, saying that was all the money he had in the world, and if more was found it did not belong to him. On tte day after the robbery the prisoner was observed doing something at his chest, and at the same time he ex pressed himself to the effect that no person should open it except wit h an officer ; he also inquired of the carpenter if he could make a false bottom to a box, and spore in terms which excited the suspicion of the prosecutor. Nothing further took place likely to lead to the discovery of the robbery, but on the arrival of the vessel in Liver pool, the prosecutor gave information to the police, and they went on board and took the prisoner into custody. On his boxes being examined, a sovereign was found con cealed beneath the lock of his tool chest, and fourteen so vereigns in a smaller box. The prisoner was taken before the stipendiary magistrate, when the circumstances above related were detailed, but as the evidence was in'ufficient to establish a charge of felony, he was discharged. Soon afterwards the prisoner met a man named Delaney and asked where he could get some money changed. Delaney then went with him on board the ship, when he cut open the sole of a boot and took out three sovereigns, and it was also stated by a party that on the passage he was ob served to conceal some money in an old gun stock. The gun stock was examined, and in it were found concealed nine and a half dollars, and an American coin called a half eagle; but it did not appear that this was any part of the money stolen from the prosecutor. These additional circumstances having been stated, the prisoner was again apprehended arid committed for trial. The total amount of money found in the prisoner's possession was eighteen sovereigns, and a key was taken from him which fitted the prosecutor's box. The Learned Judge observed that the case presi-nted some difficulty, as the money found in the prisoner's possession was such a small amount compared with that alleged to have been stolen. The jury acquitted the prisoner. STABBING William Cratvley, 21, was charged with having stabbed Mary Lsorton at Liverpool. The prosecutrix stated, that on the 4th of May last, about ten in the evening. she was at Storey's public-house, Marybone, where she saw the prisoner, whom she had known previously, lie asked her to sit down, which she did, upon which he took out a sheath knife, such as is commonly used by sailors. and stabbed her in the left thigh. Prisoner asked if she was cut, and she replied " Yes," when he said he wished it were her throat that had been cut. There was, according to the account of the prosecutrix, ro previous quarrel. The prisoner was found guilty of a common assault.—The prisoner was then tried on a second indictment, charging him with having stabbed Catherine Riley. It appeared that, after the commission of the previous offence. he went to Austin's• place, Marybone, where the prt , secutrix lived. She was standing at the corner of the court, and without the least provocation the prisoner broke his pipe in her face. She then ran into the house : but he followed her up stairs, took out his knife, and stabbed her twice, first on the cheek, and ten on the hand. The wounds were sta•id by the surgeon who examined them to he merely superficial. The prisoner, in his &fence, said he was attacked by some men in Riley's house, and drew his knife to defend himself, when the girl interfered, and re ceived the wounds accidentally. The prisoner was found guilty, as in the former case, of an assault, and sentenced to ten months' imprisonment on each indictment. BIGAMY. Mary Ann Darcy was charged with the off nee of bittarriy. It appeared that the prisoner was married at Liverpool on t e 11th of July, 1836, to Edward Darcy. In the latter end of 1837 Darcv went to sea, arid did not return till the end of May, 1846, and in the meantime the prisoner hart contracted a second marriage with Charles Oakes, in February, 1845. It was proved that the pri sorer stated at her second marriage that ber first husband had been away eight years at sea, and she believed he vras dead, never having heard from him. In consequence of those circumstances the prisoner was acquitted by the jury, under the direction of his lordship. MISDEMEANOURS. James Lyon, aged 24, was charged with stealing a lease. on the 4th of .luiy. It appeared that the prisoner WlO at the house of Mr. M'Glade, N o . 7, Arley-siteet, Lief r pool, inspectivg a lease granted by the prisoner to the prosecutor. when he suddenly took it off the table, rolled it up, and ran away with it. The prisoner was appre hended soon afterwards, but the lease had never ben rc coy, red. Guilty.—His lordship said judge, ent would be suspended until next assizes, unless in the interim the prisoner gave up the lease, or, in case it was destroyed, granted a new one on the same terms. George Speers. aged 38, was charged with having wil fully subscribed a false declaration , stating that he was tl.e owner of certain goods pledged, and that he had lost the ticket, which statement was untrue. It appeared that an acquaintance of the. prisoner, named George Jones, em ployed him to pledge his watch, which he did at the shop of Mr. Cohan, Oldhall.street, for 10s. He then gave the ticket and money to. Jones; and, a few days afterwards, Jones, who was dropsical, was compelled to go to the hospital. When, he came out he met the prisoner, who told him that s h,ohad fetched the watch out by means of a THE LIVERPOOL STANDARD. false declaration, and pledged it elsewhere for 7s. 6d. more than the sum advanced on it. Jones gave informs• tion to the police, and, on examination, it was found that the false declaration had been made before Christopher Rawdon, one of the magistrates of the borough. Guilty. To be imprisoned four calendar months with hard labour. MANSLAUGHTER IN LIVERPOOL Edward Martin, aged 36, was charged with having killed Catherine, his wife. It appeared from the state ment of Mr. DRINKWATER, who conducted the prosecu tion, and that of the witnesses, that the prisoner was a publican in Greenland•street, and that on the 7th o f M ay his wife, according to her usual habit since the death of her only child, was drunk. A lad had been for change, and she could not tell whether or not he had given the shilling, for which he had received copper change. The prisoner ordered her to go into the back room, and a child being heard to cry, he followed her, upon which she went into the yard and laid hold oc the door, as if going out in to Back Bird-street. He laid hold of her to prevent her, and she fell down on the flags. A witness stopped to pick her up, and on the husband threatening to strike her if she did not go to bed, she said, " If you do, I'll strike you;" upon which he rejoined, " Will you ?" and gave her a kick on the lower part of the belly. The wi'iress could not say whether the blow was intended for him or the deceased. The unfortunate woman was carried into the house, and died the next morning. The surgical evi dence showed that the cause of death was a rupture of one of the small intestines, but whether the result of a kick or a fall it was impossible to decide. Mr. ATKINSON, for the prisoner, contended that the rupture was the result of the fall, and that was accidental. A number of wit nesses gave the prisoner a very high character for for bearance in the treatment of his unfortunate wife.—The jury, after a few moment's consideration, acquitted the prisoner. each square foot, but at the bottom it was represen ed to be no less than 1,187 lbs. About this hour of the day the sides of the tank gave way, and the water escaped; and, independently of occasioning very considerable damage to the neighbou , ing property, very seriously injured certain parties. and caused the death of more than one individual. It was therefore contended by the plaintiffs, that the de fendant had not supplied a cistern capable of containing so vast a body of water, and that the bursting of the vessel was owing to the impe , feet design and malconstruction of the tank•. They therefore held the defendant responsible for the injuries to property and persons which had been caused by the accident. 'I he present action was conse quently brought to recover a total amount of £2.455 19s. Gd. for which the plaintiffs ware liable ; and which, it was agreed between the parties, would be required to compen sate the different claimants for the loss of furniture and damage done to houses and machinery, independently of remuneration to individuals who were injured by the cala mity. They also claimed the cost of the erection of the foundation, which they had prepared in compliance with the terms of the contract, and which was now rendered useless by the bursting of the tank ; but it was left to his lordship to direct the jury as to this point. The wit nesses for the plaintiffs clearly proved that the servant of the Hawarden Iron Company had reportrd the cistern to have been completed before orders were given to have it filled with water; and they also proved that the founda tion which they had erected was not only firm and sub stantial, and fully adequate to maintain the weight it was intended to support, but remained perfectly sound up to the present period. notwith-tanding the tffect which the bursting of the tank and the escape of so large a body of water might have been supposed to have upon it. Several scien'ific witnesses were also called, and they agreed in the opinion that a tank constructed as the one furnished by the defendant, was not capable of resisting the great pressure of water which it would have to sustain, and that it was most likely it would gice way as the one in question had done, when it was filled with water.—Mr. W ATsoN, for the defence, urged that it was the duty of the plain tiffs to have given notice to the defendant, or his respon sible agent at Hawarden, before they ventured to test the capabilities of a cistern so unusually great as the one in question.—His Lordship did not consider that there was any defence to the action ; and a verdict was returned for the plaintiff, damages £2,455 l9g. Gd. IMPUTED NEGLIGENCE IN THE SALE OF SHARES BENJAMIN RANKIN V. DANIEL NEILSON AND JOHN BLACKBURN NEILSON The plaintiff IS a sharebroker rebiding in London, and the defendants are engaged in the same trade at Liverpool. The action was brought to recover compensation in da mages for loss sustained by the plaintiff. in consequence, as it was averred, of the defendants not having used due diligence in disposing of a quantity of shares which he had ordered them to sell at whatever price the market might be. It appeared that in the month of October, 1845, the plaintiff purchased through the defendants, for a third party, 100 York and Carlisle railway shares, and that he subsequently gave directions for their re-sale, at the same time requesting to be advised of the result by return of post. The defendants alleged that they had used every exertion to get rid of the shares, but were unable to meet with a purchaser; and it was further stated by their clerk, that it was their usual course of business to reply to all letters received, but from the pressure of business at that period copies of all were not entered in the books of the firm. In this instance no copy had been preserved, but the clerk of' the defendants expressed his belief that it had been duly replied to. It was given in evidence that at this time similar shares were sold at £5 per share. The plaintiff brought his action' to recover compensation, in consequence of not having been informed in reasonable time that the defendants had not sold the shares, by which he had sustained great pecuniary loss.—Verdict for the defendants. The, court adjourned at seven o'clock. IN THE CROWN COURT. (Before Mr. Justice Wightman.) THE GUANO CASE.-HENRY TOULMIN AND CALVERT TOULMIN V. THIMAS HEDLEY This action had been twice before tried at these assizes, and it now came on, for the third time. before a special jury. It was brought to recover a sum of £3,086, with interest, the value of a cargo of 411 tons of guano, de i vered under a warranty by the plaintiffs, merchants and shipowners, of London, to the defendant, a retired barris ter, residine at Durham. The pleadings having been opened by Mr. Robinson, the case was partially stated to the jury by Mr. Watson. After a short consultation, it was agreed to refer this long litigated cause to arbitrati on, the arbitrator to have all the usual powers, and to settle all matters in difference between the parties. FALSE IMPRISONMENT.-WILLIAM ELLISON, JUN CHARGE OF PERJURY John 111`Kenna, 27, was charged with wilful and cor rupt perjury, in having brought a false charge against George Greenwood, at Manchester. It appeared that Greenwood is a sawyer in the service of the Manchester and Leeds Railway Company, and on the 21st of January some saws were broken intentionally, as it was supposed, and a reward of £lO offered for the discovery of the offenders. The prisoner went before the magistrates on the 4th of February, and stated, on oath, that Greenwood came and asked him to go and break the tools in question ; that he did go accordingly, and they committed the said damage. It was afterwards ascertained that the prisoner had made a false statement, he not being in the town at the time the damage was committed at the Railway Com pany's works. The prisoner was consequently taken into custody. He had formerly been in the service of the Railway Company, and had made the false statement out of a spirit of revenge, for some supposed injury done him by Greenwood. The prisoner was found guilty, and sen tenced to 18 months' imprisonment and hard labour. CHARGE OF FORCIBLY ENTERING A DWELLING-HOUSE. Henry Foulkes, William Ward, Thomas Coxon, the younger, William Hill, John Falkner, William Worsley, John Thornley, and William Coxon, (all of whom had been out on bail,) were called upon, and immediately en tered the dock. The indictment charged, that on the 20th of October, 1845, the detendants, with axes, and other weapons, violently entered the dwelling-house of Robert William Bennett, at Manchester. Some conversation took place between the counsel on both sides, Mr. Sergeant Wilkins being for the prosecu tion, and Mr. Pollock for the defence, in order that some arrangement might be come to, without bringing the mat ter before the court, and it was ultimately agreed to with. • draw the case, subject to an apology from the defendants. CHARGE OF PERJURY On the application of Mr. Sowler, the case of Knowles and Barlow, against whom there was an indictment for perjury at Bolton, was postponed to the next Assizes, and the recognizances enlarged. This was the close of the Crown Court business. NISI PRIUS COURT.—THURSDAY. THE SPECIAL JURY CASES. ORMEROD AND OTHERS V. THOMPSON AND OTHERS. Abraham, William, and Peter Ormerod were the plain tiffs; William and Richard Thompson, and William Sut cliffe were the defendants. The plaintiffs were extensive cotton manufacturers at Todmorden, on the borders of Yorkshire, and the defendants were corn-millers in the same neighbourhood. The action was brought for the purpose of obtaining damages from the defendants for an alleged injury to a water-course, the effect of which was to throw the plaintiffs' wheel into back water. The plain tiffs occupied a mill called " Buckley's Mill," and the defendants occupied " Stansfield's Mill," both situated on the Calder river, or as it is sometimes called, Todmor den water. The mill of the defendants is higher up the river than that of the plaintiffs. The injuries complained of were, the raising of a weir, the improper cutting off of a waste water-weir, and the putting down of flood-stones, all of which acts prevented the water from running away from the tail goit attached to plaintiffs' mill. After the examination of the first witness, it was agreed to refer the CHEMICAL NUISANCE.—JACKSON V. BLAIR. The plaintiff was James Jackson. and the defendant Harrison Blair. The action was brought to recover da mages for an alleged injury done to the property of the plaintiff by an alkali works cart ied on by the t'efendant, at Kearsley, near Bolton. The property in question was inherited by the plaintiff from his grandfather. It con sisted of a house, outbuildings, and forty acres of land. The case set up for the pl,intiff was, that before the erec. tion of defendant's works, the house in question was sur rounded with an orchard, a plantation, and tLe fields with quick set hedges. That the vapour which escaped from the works shrivelled up the hedges, prevented the grass and vegetable substances from growing, and destroyed the water of a well which supplied the property for domestic purposes. That not a fish was now to be found in the water, although it formerly abounded with them ; and not a fly or insect of any sort was to be seen on its banks. That the property had, in fact, been converted f. orn a very pleasant country residence into a perfect desert. The defence was that injury to the property bad been produced many years since, and that there were other works in the neighbourhood that were equally deleterious with those of the defendant. The jury after a few minutes' considera tion found for the plaintiff. Damages, £lO. BREACH OF CONTRACT, SMITH V. FISHER AND ANOTHER , In this ctte Henry Smith was plaintiff, and Henry Fisher and Nicholas Fearon defendants. The plaintiff is in the office of Messrs. Rawdon Brothers, and also trades on his own account as a merchant in this town. The ac tion was brought to recover a sum of money, the differ ence between the sale and re-sale of 64 tons of guano, sold b) plaintiff to defendant in the month of March, of this year. The defendants were dealers in guano, and bought from Mr. W. W. Smith, the brother of plaintiff and his broker, the guano in question. The contract, as entered in the broker's book was as follows :—" Liver pool, 10th March, 1846. Sold Fisher and Fearon, about 50 tons of guano, at £6 per ton, payment fourteen days; 2i off; warehouse to be cleared in two months." The guano had not been weighed, but the defendant, it was al leged, agreed to take the lot, which, it was supposed, would not much exceed 50 tons. The defendants having failed to take the guano, it was re-sold by auction, and the action was brought for the loss on the re-sale. The jury found for the plaintiffs. Damages, £l6l. NISI PRIUS COURT.-FRIDAY. ALLEGED TRESPASS BY A RAILWAY COMPANY JOHN GREY AND WILLIAM GREY V. THE LIVERPOOL AND BURY RAILWAY COMPANY This action was brought by an order of the Lord Chan cellor, for the purpose of procuring facts upon which to found a case for the opinion of the Court of Common Pleas, upon the question in dispute between the parties. It appeared that in 1844, a plan was originated for the formation of a line of railway from Liverpool to Bury, and in the parliamentary plan and books of reference, the line marked out proposed to pass directly across the pre mises and certain of the buildings and cottages adjacent to the mills of the plaintiffs. Messrs. Gray opposed the proposed line before the committee of the House of Commons, and a clause was eventually inserted in the company's act, the construction and meaning of which formed the only point in dispute between the parties. By t h s, the 92,i clause, the company were restr i cted f rom passing, in their line of railway, nearer "to the mills, lands, and buildings of which the plaintiffs are the owners and Occupiers, than the south-east end of Lever Bridge, as delineated upon the plans." They had, however, it was alleged, infringed upon this clause, by cutting their line through a part of the lands of the plaintiffs without their consent, and upon this point issue was joined. The defendants, by their counsel. Mr. Martin, urged that the restriction created by the 92d clause of the company's act eiri not apply to the field in question, which had been marked out in the parliamentary plan and nooks of refer. ence, and was within the limits of deviation directed by the 15th section of the general consolidation act. They also contended that the p'aintiffs7were not the "owners and occupiers," but merely the " lessees and occupiers," or the land in dispute, and consequently, that the clause ref:-tired to was not intended to apply to this property. The whole of the facts having been agreed upon, a verdict was entered for the plaintiffs, by consent, subject to a case. DISPUTED BREACH OF COVENANT WATER WORKS COMPANY V. JOHN WILLIAMS, Mr. Knowles, Mr. Martin, and Mr. Crompton were counsel for the Waintiffs, the proprietors of the Liverpool rind Harrington Water Works; and Mr. Watson, Mr. Atherton, and Mr. Unthank, conducted the case for the defendant. a banker at Liverpool, and representative o f the llawarden Iron Company. This was an action to re cover damages for an alleged breach of covenant in the construction of an iron cistern. It appeared that in the course of the year 1845. the defendant contracted to fur nishto a cistern to the plaintiffs, capable of containing two hundred thousand gallons of wilier. with proper stays, } io sp rk e mightars li , so( o ,: r ,a &c. and to uphold anct maintain it in good order for twelve mouths after its erection. He also covenanted to be an swerable tot any g,pirl l pe o or s pcs s ,:piiee o cirt r otcyr d i s:at,demour or g i. nt e hg v i aw c wt i i a ttilli s eea u tel ir %ei t :im'll :f fbn' A; r(e))Yut l r , io 2 init' 3 o should be pai It d for the tank, and the plaintiff , bound themselves to provide a firrn and subatan. felindatinn of stone and brick pillar, nine feet above tie level of the yard, on which the cistern was to be placed. The plates for the tank were made at the foundry Flintsbire, and sent to Liverpool to be hut together, the defendant or his agents furnishing their own workmen ;o complete is erection, under the superintendence of a m en named Wain, who was also in their employ. 0,, the p r a p i r i c i • t s i e ff n , t t a t t rf hat the e Wain as stated cistern , m..s r e b a y the d ytor witnesseseceive the ' w h a e ter end vvrs completed, and it was agreed that it should at once be filled, and Christmas-day in the last year was appour r • t d for that purpose. At ten o'clock on the morn - • 'ng of that de , y, the work was commenced, and at one o'clock, when the workmen left the place for refreshment, the tank was s'ated to be about two-thirds full; at this time the pressure of the water on the cistern at the top was. about thirty•one-and-a-quarter p oun d s for V. ALEXANDER MILLER , The plaintiff, at the instance of the defendant, was taken into custody for stealing coals from a brick field in 'fox teth Park, Liverpool, and. af er being locked up all night, was discharged by order of the magistrate on the follow ing morning. The defendant called witnesses to prove that the plaintiff had taken the coals, and that he was jus tified in arresting. Verdict for the plaintiff; damages, £5. ILLEGALITY OF A MORTGAGE STAMP - HUMBERTSON AND ANOTHER V. EDWARD JONES The plaintiffs are the executrix and executor of the late Mr. Humberston, solicitor, of Chester, and the action was brought to recover a sum of £2 723, with interest, upon a mortgage deed. The defendant pleaded that the instrument was invalid, as it had been drawn upon a £7 stamp, whereas it ought only t) have been a £5 stamp.— Verdict for the plaintiffs, with liberty to move for a non suit. This court was closed at half-past five o'clock SATURDAY The special jury causes " Burkinshaw v. Ridsdall a n d another, , and Bell, P. S., v. Lord Ingestre," were withdrawn. PATERSON V. NEILSON AND OTHERS This was a special jury cause, in which Henry Paterson was the plaintiff, and Daniel Neilson and twenty o►hers were the defendants. It was an action of libel, to which the defendants pleaded not guilty. on which issue was joined. Mr. Hoggins hiving opened the pleadings, Mr. KNOWLES said,—May it please your lordship, gentlemen of the jury, I am exceedingly happy to inform you that your time will not be occupied in this case. It was a ease of some im portance to the plaintiff, whom I represent. He is a gentleman of great respectability. the manager of a bank in Aberdeen, and he complains in this declaration of a libel which has been published by the defendants. The defendants, I believe, individually are highly respectable men. They are the committee of the Stock Exchange in this town, and, acting under some misrepresentation, it appears they affixed the name of the plaintiff to the Stock Exchange board, the meaning of that being to con vey to the world that the plaintiff had made default in some of his transactions. The plaintiff could not sit still under such an imputation. He held his office so long, and only so long, as he was deemed to be an honourable, straightforward, and upright man. He has, therefore. brought this action, and he is here to-day to support it if necessary. But lam glad to say that will not be neces sary. The defendants, through my learned friend, Mr. Sergeant Wilkins, are willing to withdraw all imputation upon the plaintiff's character, and, that being done, the plaintiff, who has not come here to seek damages, but to establish a complete and perfect refutation of the charge made against him, to set himself tight with the public— that being his only object, he does not press for damages against the defendants, and will, therefore, take your verdict, on the strength of that apology, for 40s. only, with costs as between attorney and client. Mr. Wit.xiNs.—Gentlemen, my friend Mr. Knowles has done but justice to the defendants when he has repre sented them to you as honourable men. Knowing them, or the greater portion of them, my friend Mr. Crompton and myself have taken upon ourselves, in their absence here to-day, to do that which my learned friend has stated we are about to do. Gentlemen, all men are liable to error, more especially when they act precipitately ; and that has been the case in the present itis , ance. Wi.hnut the sanction of a great many persons whose names appear in this action, this gentleman's name was written on the Stock Exchange board. We did not mean in the slightest degrt e to attribute to this gentleman, and as there are others who have commenced actions upon the same score. I ought to say we did not mean to impute to any of these gentlemen dishonest or dishonourable conduct. It did appear to some of the members of the Stock Exchange that these gentlemen had been strict indeed as to their legal rights; but they merely thought that, after having tasted the pie they bad bought, they wished to return it. They never meant for one single moment to attribute to these gentlemen dishonest or di-honourable conduct. and, beyond all question, they certainly rever meant to in sinuate that they were defaulters. Under these circum- stances, I take upon myself, having the sanction of the experience of my friend Mr. Crompton, to say, that the defendants never intended to convey auy insinuation so far as regards the plaintiff, or the other gentlemen, which should in the slightest degree interfere with their reputa- tion as gentlemen and men of honour. Every man who has acted under an erroneous impression must regret that he has been led into such an error ; and, on the part of the defendants. I express their sincere regret in this case. Mr. KNOWLES.—The names are to be immediately re moved From the board ? Mr. WILKINS.-0 vet. The verdict was then taken for 40s. JENRINSON AND ANOTHER V. HEYWOOD AND ANOTHER This was another special jury cause, in which Thomas Jenkir,son and John Edvv.rd Wright were the plaintiffs, and John Haywi 01 and William Macdonnell the defen dants. The action was brought for a breach of contract in the del•vety of ten cases of oil of peppermint, to which the defendants pleaded that they (lid not promise. Mr. DAISES stated the case. 1 he plaintiff, in this case were drysalters, in a very large and respectable way of bu siness, in this town ' and the defendants were merchants in this town; and the action was brought to recover for a breach of contract in the sale of an article called oil of peppermint. Tne plaintiffs, being extensive dealers in the article, not only in this country but in Holland, wanted to purchase H vinntity of it, and, on the 15rh of September last year, through the agency of a Mr. Greaves, they purchased ten cases of oil of peppermint from the defendants. The contract was in writing. It was made between Greaves and a person of the name of Jackson, who acted as agent for the defendants ; and the oil of pep permint was sold at the rate of Gs. per lb. The defen• (laws sent in an invoice on the same date for the ten casks ; the quantity altogether was more than a ton. Oil of peppermint, the learned counsel went on to ray, was a very essential article; it was well known, and it possessed properties quite peculiar to itself and valuable to che tothteheprnhi.alL, mists. When Greases. made the purchase lie was shown twelve small phials, which Jackson said contained oil of d found that applied the lie sp i r t i o t ok of t w w i o ne of there was nct any greasy matter mixed with the oil. The next day Greaves went to Holland to effect the sale of the article, and, on his retain home, about the middle of n peppermint . o test o Oc tober, he discovered, in an accidental manner, that this waa.auything but oil of peppermint which he had bought. One of the workmen belonging to the establishment of the plaintiffs complained of having been sudditulsi seized with a bowel complaint, and he asked for a drop of the oil. The request was no sooner granted than he seized one of the phials and gulped a quantity of it down. Greaves ex pected to see the man fall dead after having taken a dose of such strong stuff; but, to his surprise, he found that the man was untouched, and then he began to suspect that be had not purchased oil of peppermint. Chemical tests were accordingly applied, and very soon it was found that it contained less than ten per cent. of essential oil of peppermint, and more than ninety per cent. of spirits of wine; so that, in point of fact. it was an article known by the name of essence of peppermint, a totally different from t' of tiers— • T' was tnIA •'• ~ Ina oil of peppermun, ots _ feud nits, who took no no.ice of it at that time; but, at the beginning of November, having already received, be fore the discovery of the essence, a payment 0 £l2O on account, they api)lied for the balance, and then'sorne cor respondence took place between the parties, which re sulted in the bringing of the action. _ _ After the exarains — tion of witnesses for the plaintiffs, Mr. Martin addressed the jury for the defendants. He submitted that this was as unfounded a claim as ever was set up in a court of justice. It never was pretended, he said, that the article sold in the present instance was a similar article to that which was bought and sold by druggists; but it was contended that it was the article which for several years had• been bought and sold in Liverpool, and was known by the name of oil of pepper mint. And this was the only question for the jury to decide. They had simply to tqlf whether it was the article which in Liverpool was known as oil of peppermint, and which for years had been bought and sold as such in that town. t-!e remarked upon the circumstance of Greaves having applied the test to the phials at the time of the purchase, and to his having been satisfied with the result. The jury found a•verdict for the plaintiff, damages £l2O. "k - ;› , ? ~ ,,,z _ ; , , HUDSON V. WARD This special jury cause was referred. It wa3 an action by a cooper against a captain for alleged assault and imprisonment on the coast of Africa, and when tried before occupied the court a couple of days. HINOSON V. BOLD This cause also vr s referred. SANDERS AND ANOTHER V. WILSON Verdict for plaintlffs, subject to a reference. ORD V. LAVCOCK. This was an action brought by the plaintiff, George Ord, against the defendant, William 1,43/cock, to recover da mages for a breach of contract. The plaintiff, it appeared. was the interim factor and trustee under the sequestered estate of a gentleman of the name of Robinson. and he sued in that character to recover damages for the breach of contract into which Robinson entered with the defendant before his bankruptcy. Robinson was a merchant and dealer in iron. He employed a person. of the name of Senior, in Liverpool, as his broker; and on the 15th of January, Senior sold to the defendant 300 tons of Scotch pig-iron, 82 6d. per ton, nett cash. Robinson became a benkrupt on the 10th of March, and, on the 24th of that month, the plaintiff was appointed the interim factor and trustee, and thus, in Scotland, he was invested with rights similar to those possessed by an assignee in England, The price of the iron having declined at the end of April, the contract was repudiated ; and now the action was brought for the recovery of 16s. per ton, the amount be tween the 12s. 6d. and the price to which iron had de clined at that time. A verdict was returned for the plaintiff, MELSO V. THOMPSON. This was an action brought by Henry H. Melson, a wine-dealer in Liverpool, against Henry Thompson. who was engaged in the samt business, to recover the value of certain wines which, it was alleged, were ►llegally detained by the defendant. The plaintiff was nonsuited. BARRER V. CAMPBELL The plaintiff was Charles Barker. and the defendant was William Campbell. The plaintiff was an advertising agent in London. and the defendant was a provisional director of the Jamaica Atmospheric Railway, upon Ell brow's prineiule; and the action was brought to recover a sum of £731 for advertising the railway in the London papers, at the instance of the defendant. The defendant was a director from the first. He attended meeting after meeting, signed the book, and gave the orders, and, there fore, it was contended that he was as clearly liable as any tradesman could be under similar circumstances. The orders to insert the advertisements were sent to Mr. Bar ker, and they were inserted accordingly. Mr. MARTIN, in opening the lase, stated that the directors on the rail way in question had allotted five hundred shares each to themselves, and they also passed a reaolu'ion that they should divide thirty guineas among themselves for every meeting they attended. A verdict was returned for the plaintiff for £350. RIDGWAY AND ANOTHER V. HARRISON AND ANOTHER This was an action brought by Robert Ridgway and William Hoare against James Harrison and Sarah Bradley, for the recovery of a sum of £6O, which was owing to a money-club of which the plaintiffs were the trustees. A verdict was returned for the plaintiffs. SELECT VESTRY PROCEEDINGS.-TUESDAY Mr. John Smith and Mr. George Holt waited upon the Vestry, as a deputation from the committee of the Night Aselum, to solicit the assistance of the parish in obtaining a building in lieu of that in Freemason's-row, which they have received notice to quit on account of certain altera tions. They had advertised for a suitable place, but had not yet been able to meet with one. The Vestry-clerk wai instructed to obtain the opinion of the poor-law commissioners as to whether the board could legally grant the request of the Night Asylum com mittee. The following report from a sub-committee appointed in consequence of serious complaints by the visitors, as to the quality of the 'ood, and the general management of the industrial Schools, was then read by the chairman : " I our sub-committee proceeded to the schools on Thursday last, for the purpose of entering upon this in quiry. They examined the superintendent at considerable length, in the presence of the surgeon, and they regret to find, from the admission of Mr. Coates, that, with the exception of Friday's rice dinner and Saturday's scouse dinner, the directions of the committee with regard to the dietary have not been complied with. For instance, the milk for breakfast and supper ordered to be boiled, has been served cold and unboiled, nor has beer been given them for supper except on one occasion. Mo. cover, the dinner prescribed for Sundays, Tuesdays, and Thursdays, consisting of meat, potatoes, and broth, singly, has been cooked together, along with cabbage, &c , and served mixed up as one dish. Pea soup for Monday's dinner has been made with only half the number of cow-beads ordered ; and for Wednesday's dinner broth has been given with suet pudding, instead of sauce. " Thus the directions of the committee upon this most important subject have been almost wholly disregarded. Food which it was intended should be given the children in varied forms, for the promotion of their health, has been almost entirely served in one form—a liquid, or semi-liquid state, instead of solid and liquid alternately, according to the dietary. " The reasons urged by Mr. Coates for this systematic departure from the otdeis of the committee are that knives, fork, and plates, of which none had been supplied, are indispensable to the observance of the dietary ; that milk, when boiled, curdled ; and that beer was disconti nued in consequence of several boys having been found drunk. Upon this your committee would observe, that even if good and substantial reasons eiti,ted in the mind of Mr. Coates against the use of the dietary, or any part of it, it was his bounden duty, in a matter of so much importance, before enti ring upon so wide a departure from the written rule, to have submitted those reasons to the committee. " With regard to the consumption of meat, your com mittee, and, from an account furnished by the Vestry c'erk, that aQsurning the stock on hand on the lit August, as given by Mr. Coates, to be correct, the quantities of meat supplied the school, according to the invoices, is ac counted for by the consumption—which consumption appears to be on the average per week, for 18 weeks no to the above period, as follo:vs :—By the officers, (37,) weekly average consumpt ion, 71b. 14oz each, cost 3s 54d. ; by the children, (372,) ditto ditto, 11b. 3oz. each, cost 64,1., (not including cow-heads, costing weekly Id. per bead additional.) " I n conclusion, your committee would recommend— " Ist. That knives and forks be at once supplied fur the use of the children. " 2d. That in certain minor matters, which your com mittee will explain, the dietary be altered, and the quan tities given as fur food ready prepared. " 3d. That a dietary for the officers be forthwith pre pared. " That wooden troughs, similar to those used at the Workhouse, be provided to convey • the various meals, when ready for distribution, from the kitchen to the din- ing 111,01, or other part of ihebuilding " sth. That such of the domestic servants as are not unavoidably prevent d, be required to give their assistance at the children's meal times, on the conveyance of the troughs to the dining hall, and otherwise to expedite to the utmost the serving of the food to the children while it is warm ; and that they be accordingly required to take their own mulls at some subs-quent period. " HUGH "M U LINNEUX. " THOMAS AVISON." Mr. BRIGHT remarked, that two months ago that Vestry had passed a resolution directing knives and forks to be provided. Who had prevented that order being carried into execution ? A letter was read from Mr. Gardener, teacher at the liidustrial Schools, tendering his resignation, on the ground of " not heing.able to contend against the oppo sit,on he had met wi Mr. RIDING gave notice of a motion for the appoint ment of a successor to Mr. Blackburn, who had vacated his seat at the board by non-aitrndance. The appoint ment ciil be made at the next meeting. On the motion of Mr. BRIGHT, Mr. Townsend, of Bold-street, was elected a select vestryman, in the room of Mr. Peck. The appointment of a surgeon to the Workhouse will be made at the next mePtine. MODEL OF ANCIENT JERUSALEM It affords us much satisfaction to state, mai. of Liven 00l will next week have an opportunity of in spewing this interesting and instructive exhibition. Mr. Brunetti, the ingenious artificer, is a citizen of Dublin, who, to itHulge his own ardent aspirations for a just ..I,;pis the mr Atery of mnn'c redemption was vtrought, undertook and executed this model as a labour of love, with no view to its exhibition as a work of art. Our Dublin contemporaries designate the model as. according the authority of the most competent judges, an extremely accura e representation of the ancient city. The Mail says :—" The model represents Ancient Jerusalem as it stood in the days of the Redeemer—not as it now stands—the ruin of its former greatness—the ghost of its pristine beauty. The details are, therefore, made up par ly from the descriptions found in Holy Writ, partly from the accounts of contemporary historians, Jew ish and Heathen, and partly from the descriptions and charts given by travellers in all the subsequent ages to the present. The striking features of the ancient city—the everlasting hill s w hi c h on t h ree s id es enc l ose it—the for tified' walls which ran round about it—the ravines or valleys Which hemmed it in or divided it—the highways by wh-ch it was approached —t he palace of the Great King —the temple of the Hole God—the awful scene of the Cruchixion—the Holy Sepulchre—the Tombs of the Prophets—the brook Kidron—the Gardens of David—the gates and i u we rs o f the Wall and of the Temple—the Sheep. Gate—the Beautiful Gate—the Pool of Bethesda— the Hail of Judgment—tile Theatres and Circuses of Roman structure—in short, every locality—and they are trln Inc tr. 11...C11 , US to mention—recorded in the Sacred Volume, or in the old histories, as belonging to Jerusalem or its en viroms, is there to he found laid down (as fir as the most stringent examination of documents appears to justify) in its proper placeand proportions relatively to the general scale. It is not, of course, pretended that the minute de tails of sireets and private horses are more than the fill ing up of the great outlines in the manner west suitabl e to the ingress and approach of the inhabitants to the greater structures, accommodated to the inclination of the ground, and according to the artists' conception of the arrangements of the eastern city. But these smaller points are all managed with such skill and subserviancer to the great and well-ascertained features, as to give to the whole an air of verisimilitude, which would be want ing if tha interstices were not filled up according to our usual nations The Evening- Packet says—" The moulder has, with the most pains• taking assiduity, consulted every plan, map, and other record that survives, and has not only ar riv d at a. representation of the city itself, but of the sur rounding hills and valleys tondered memorable by sacred recollections. The model is very beautiful, and as a mere week of art, dissociated from the loftier feelings its contemplation. must excite, is entitled to the highest praise. The meddler has studied, tco, with the eye of a painter, the effect produced by tha arrangement of the landscape ; and the city with its backgrounds of gradually rising hills, as viewed from several points, presents a most picturesque appearance. It must have been a work of considerable labour, studded, as it is with temples, pa laces, and magnificent edifices; with the Great temple rearing its noble proportions above them all. The model, which will hear the closest examination, requires to be studied with care, and we have no hesitation in recom mending our readers to inspect it and judge for them selves. THE PUNISHMENT OF DEATH. TO . THE EDITOR OF THE STANDARD. Sl,R,—Observing in the list of notices of motions for the next session of parliament, that Mr. Ewart has given notice of one for the entire abolition of the punishment of death, I beg leave to wiggest to him to add to his motion the entire abolition of the crime of murder; for surely nobody can think it just that a man who feloniously de prives a fellow creature of his life, should be permitted to retain his own. AN ELECTOR OF WIGAN. 141 b w,,_,Pf, ,(g -A,_€ EASTHAM REGATTA. The annual regatta at this picturesque and beautifully romantic ferry took place on Thursday. The sport through.. out was excellent, the boats being all well matched, and though the attendance was not so numerous as on some previous years, all seemed highly delighted, the arrange ments being in every way complete. The patrons were Sir William Massey Stanley, Bart., the Hon. Sir Edward Cost, B3rt., Charles Stanley, Esq., and John Stanley, Esq. H. P. Cooper, Esq., acted as secretary, and Mr. Robert M. Walker as umpire. The first race was for The EASTHAM PLATE, value Five G'aineas, (in specie') for Four-oared Gigs, to be rowed and steered by Fisher men or Boatmen plying on the Rivers Dee, Irwell, or Mersey ; the second boat to receive £1 ls.—Entrance, ss. each boat. Ellen, Liverpool .... Murphy (cox.) 1 Gipsy, Liverpool Thomas . The course was about a mile and a half, and being twice run, kept the boats always within sight of the spectators. Throughout the first course the Gipsy took the lead, an the Ellen won only by about ore second. The TRIAL STAKES, value 5 Guineas, for Four-oared Gigs, to be rowed and steered by boys under eighteen years of age ; second Boat to receive the entrance money.—Entrance ss. each Boat. Flirt, Rock Ferry Sea Nymph, Seacombe. Petrel, Egremont Mooresby (cox.) 1 .. Kaye (cox.) 2 This race was easily won, and the crew, all juvenile in years, showed an almost incredible taste as to skill for aquatic diversion. The STANLEY PLATE, value 10 Guineas, added to a Sweepstake of 1 Guinea each, for Four-oared Gigs, to be rowed and steered by Gentlemen Amateurs (open to all the world); the Fuond Boat to receive the entrance money.—Entrance, One Guinea each Boat. The Earl, Chester The Stranger, Liverpool .... Jones (cox.) 2 The Flirt, Rock Ferry Mooresby (cox.) 3 A well-contested race, won by about two boats lengths. The LADIES' PURSE, value Two Guineas, for Fisher men's Boats, to be rowed by Women residing in the hundred of Wirral, Chester, or Liverpool ; the second Boat to receive 10s.—Entrance, 2s. each Boat. Thomas .. Glasy Parkgate (pink) 2 A most amusing contest, and won amongst roars of ~, ,„ laughter. The S..cond Class TRIAL STAKES of 5 guineas, for cap tains' four-oared gigs, to be rowed by boatmen plying on the rivers Mersey, Irwell, or Dee. Entrance, ss. per boat. Second to receive ba .k his stake. Elizabeth, Liverpool (Ashbrook, coxswain) 1 Favourite, Liverpool. ... (Barclay, coxswain) 2 Water Witch, Liverpool (Lott, coxswain) 3 This was decidedly the best race of the day, as the boats throughout might have all been covered with a sheet. It was won by a length. A PUNT RACE, First prize, one guinea; second prize,. a new bat Sea Ny mph • • (Kaye, coxswain) 1 Gem.... .. Several matches took place at the close of the authorized races, and were well contested. A second race for the women was won by the " pinks." who beat the previous succesrul competitors in good style. The company remained until a late hour, and dispersed Peaceably. Too much praise cannot be awarded to Mr. Nicholls for the expense and anxiety be has been at in providing such a day's amusement. THE WEATHER AND THE CROPS From a letter of Mr. Morris, of Spalding, Lincolnshire, we are sorry to find that the potato disease has extended to the turnip crop, which in that neighbourhood is much injured. 'Since Monday last we have had very fine weather, and harvest operations in the district around Leeds are pro gre.stng satisfactorily. The change is most fortunate, for had the late wet weather continued, much grain in sheaf must inevitably have been sprouted.—Leeds Poper. THE SECOND FLAY -HARVEST. - On Friday, in the neighbourhood of Edmonton, Enfield, and Barnett, the cutting of the second crop of hay was begun. I t promises to he abundant, and if the fine weather continue, will be well made. DISEASED BEAN CROP. — Disease has appeared (says the Caledonian Mercury) in the bean crop, and we fear will occasion co!isiderable loss. It resembles in some de gree the disease which has attacked tne potatoes ; the leaves become black, and the crop, at an early period, as sumes the appearance of premature ripening. The potatoe disease has appeared in great virulence in the neighbourhood of Sunderland. There is scarcely a field or garden in the town-hips of Bishop-Wearmouth, liyhope, Seaham, Burdon, Silksworth, the Herringtons, and on the north side of the Wear, in which the rot has not been very destructive. and it is feared the crops will be almost totally destroyed. TDB POTATOE DISEASE.— We continue to receive most distressing accounts of ihe state of the potatoe crop in this part of the county. The disease is universal, and—what is worst uf all—appears to be daily increasing in malignity. Between Lancaster and Poulton. a distance of nearly four Irides, the atenospbete is literally loaded with foetid odour emitted by acres upon acres of the decaying esculent. Where the mischief will term'nate it is, of course, impos sible for us to predict ; but if it progresses at its present rate much longer, there will not be a sound potatoe left in the district. POTATOES.—A curious circumstance attending a field of wheat growing on the farm of H udst ou hos occurred. Last year, the field being undtr green crop, potatoes were raised ; like many more in the neighbourhood, the crop proved a failure, owing to the blight, in consequence of which the sound ones alone were gathered in, and the di seased ones left to root on the field. No sooner had the spring time of the year come iound than vigorous stems were observed shootinx up in ever y pia of the field, indi cating a state of health in the tuber quite unexpected. The crop itt prolific, and, what is of greater consequence, botb bulb and plant are free from any disease. After rel,ping a plentiful wheat crop. the farmer has resolved to dig up the potatoe crop at the usual time.—Dundee Advertiser. RESUSCITATING THE POTATO CROP. —Mr. Lyons, of b C l r ig o h o t n e , d , ;n stalks. T h k e s . co a r d t s y o o o f n Li me rick. , ,uri d hi enr m eu, o pp wa s te n d: tkb d o.y o c w ar n nn t e h iw e s tubers.gro wth of Thestalk, 17. e .rairber7 / P :r ti n ei V? e h dr y e ~,a ) tf fourfo ldsitiit st at es down the stalk has been resorted. to at Saunderscourt, s ;ick last seek. was 556 car diseased. NI ' ' Every i l. s o . r t t i l e A ri, r ie ra d n w 's i, sr i t i , ,, in ve I r b y , t bestec r o u quality. i , ii results. et the precedi ng r e a e n el d d Oats,tliat t he t i i. practice ina e. Lime rick Chronicle assures us, will not be an . ue.productiye crop this harvest, and train of every d e s c ript ion appears The i arket price 3d. atlga a .or b p sapui loadd cna n :eor, . d . it ..faalbpnynttet:hirlaon,yerf, stone. tygapot t l oboewn d oiteeei aeri o t,teo f taiytri: t i..si : e c riasvi, r etep l , l . ruua e Lytir n iittdin t :alyit, to the real amount f the THE POTATO DISEASE.--It is extremely difficult to failure of the potato crop, It dues ~., r: appear that the ex setuh in crease.aotr ,try. The nogf s Worse t lan it was t last year, and that the bltibt extends over a larger sur- face. But nothing can be ima , ined mo r e capricious than the operation o f t hi s bli g h t. Some few fie ld s app, ar to be totally , gone, but more cl g ter to hp tni,l • • field . A:41,1 after y the iojory does not seem will be found stricken in others, adds whir , wear a healthy aPPu'atance may be found mixe d on and down with those whi c h are blighted. Again. in some districts, little nr nn ininry aoopari to have be en done. It has not • .... yet been ascertained 110 what event tne Ue VIII, 1011 or tue tubers has taken place, where the haulm appears blighted i and blackened. No doub t considerable n , qiiality will be found in this particular also. Upon the whol however, there can be no question that a very great calamity has this year again befallen the potato fields, and not less in England than in Ireland. z-,..0