Northern Times. — Liverpool, Merseyside, England, 1859-12-16 00:00:00

MERSEY DOCKS AND HARBOUR BOARD. - • Mr. Charles Turner presided at the usual weekly meeting of the- Dock Board, ye.terday ; and .the other members preSent were—Messrs. Farnworth, Ilubback; Forwood, Afos, Mondel, Rankin, Bushell, Lockett, Brocklebank, Langton, Smith, Tobin, Boult, Mather, Rounthwaite,_Littledale, and Graves.: . . . THE PILESENTATION.TO THE SOLICITOR. Mr. Joni.' NORTH, the solicitor to the Board, said : Mr. Chairman : Before the bUsiness proper 'of this ddy begins, I ask your permission to acknowledge briefly the vote which the board came to m my abienoe last Thurs day for increasing the remuneration of the office which I have 'the honour to hold. Ont of the abundanCe of the heck:tile mouth must necessarily speak in sit'bit a case ; but the same authority, which has rules for every pos sible form of human action„has. also_ said, "Let thy words he few ;" and I desire rather to prove my grati tude by my future conduct, than by any studied expres sion of my present feelings. As regards all that is retro spective in that vote, I cannot indeed convey to you in' any suitable degree my sense of its value. It' combines all, that is generous, munificent, graceful, and encou raging, and in a form, under the circumstances, the .most acceptable that could have been devised. The only drawback is, that it very greatly exceeds my deserving. With respect to the future remuneration which you have been: pleased to assign to the office, I , may not, even under the seductive influence of grittitude, affect to consider it excessive. But while I 15.4 so in justice to the office itself, and to whom soeVer . niay first succeed Me in it, I most thankfully, testify that in this respect also you have done all which you believed you could or ought, and ,have, therefore, accumulated upomme.exactly the same obli gation as in the Other. But, according to my own estimate, there is also in that vote a third character which, .46.1).ite1y outweighs the other two, I allude, of , eourse, to • the approbatioit so kindly expressed by several influential members of the board of my dischar7e of my official ,duties. Gentlemen, of ' that kindness I will not even attempt to speak adequately.' It is the more precious to me because; While it is far, very far above my merits, there is, nevertheless, some thing in it . :which I may not disclaiin. For true it is that At my outset first in life endevoured to set up: for myself a high standard of 'duty, and that, seeking strength where alone it can be foUnd, and, guidance better than our own, I have ever since humbly striven to lift that standard higher and higl4r.' And though true it is also that I hate lament ably fallen short of my highest aims, still I cannot but' feel that in that effort, unworthy and imperfect as it has been, I have attracted something of the respect and goodwill of those among whom I live. (Hear, hear.) By yOUr own appreciation, gentlemen, of that effort you have now, 'in the ,happiest manner,. and in largest conferred ',upon me the only prize which I have ever sought in this world, and gratefully, and from the bottom of my heart,: I thank you for it. May each of, yoii, in some•one dr other form of good, realise for "him self the same blessing which one and all of yon have been the instruments of so lavishing upOn me. (Cheers.) i 'WORKS COMMITTEE. 'Pe letter from Mi. John Laird, on the subject of naval arsenals and dockyards, was read, and the Marine:Committee invited to meet this committee on Satiirday next, to consider the letter. It had been resoiried'that the management and control of the chain cable testing machine should be accepted, in accordance with the terms 'of the resblution of the Finance Com mittee and confirmed by the Corporation, and that the present superintendent, Mr. Macdonald, bo appointed.' for six mouths r at his present rate of salary. On the motion. of Mr. Brocklebank, the proceeditigs. were amnritiea. WAREHOUSE COMMITTEE. The proceedings of this committee, which presented no - pdinta of •public -interest, were confirmed: without coral - el* on'the motion of Mr. Hubback, seconded by Mr. Smith: MARINE COMMITTEE. This committee resolved, in accordance with the terms , of the resolution of :the-Works Committee, tolneet that bokly • on 'Saturday `next, to . consider the subject of, an arsenal at Birkenhead.—The following tenders were recommended for adoption :--The offer of Messrs: Ogben and Barnes to supply buoy sinkers ; the offer of Mr. William Baynan, to supply a small boat ; and , the offer of 'MeSSYS. Cato, Miller, and Co. tO do certain repairs to two buoys. Mr. MONDEL moved the confirmation of the pro ceedings, Mri-Moss seconded the motion. Mr.. BOULT - wished to know when the telegraph to Holyhead would be completed. Mr. ITARTIEY stated that he had received a letter from Mr. Gisborne, which stated that they were obliged to put into Holyhead Bay in a heavy gale of wind. They could not' yet touch the broken cable; but heliad been in' hopes that they would have been able to take it all up together this week and re-lay it. Mr. MoIIDEL said the whole of the land portion was completed down to the water's edge on the other side of thaTiver. • The proceedings were confirmed. • PILOT COMMITTEE. • Pram the proceedings it appeared that the, committee had considered the application of the Mercantile Marine Service 'Association to appoint one of the members of that board on the board of examiners for masters and mates of steamships.applying for masters' licenses. The board of examiners having already been appointed, the committee were obliged . to decline the application. On the motion of Mr. Moss, seconded by Mr. Boult, t& proceedings were confirmed., DOCKS AND QUAYS COMXITTKE. • A permanent berth was granted in' the Clarence-dock • tsa__the 3Yezkard.._ steamer.. Troubadour,7—Canftlainti having been made that flats, laden with salt,:blocked up the George's-Clack passage; by laying ihere to sell salt by - retail, the harbour master Was - , - (greeted to impose a limitation on flats occupying the iiiiisage referred to, for the purpose of discharging salt.:—Mr. Inman's letter having been read, it had been resolved, after full con sideration, that the Ituorlii,ol n and Canada loch were . not to be used as gvavi •dticks, except in e ase s o f emergency; and that it be the harbour master to determine when such arraugelheats *lay b e necessary. —A letter from the engineer, on the necessity of promp tligettin. p o ssession of that part of thell us Ai s - son _ land required;, - for the steam dock now in couue ;of eotittriiction was read. On the recommentlation'et the engineer, it was ordered _that all empty ships in, the Canada-dock should be moored at the south end of that deck.—The following letter from Messrs. Cato, Miller and 06., upon which the committee hid not taken any action, had been read : To the Chairman of the Mersey Dock Board. • DsAa linglo call your attention to the great in convenience to shipping in consequence of the entire closing of No. I ,Brunswick Graving Dock, which has been appropriated evilusively to the Turkish frigate, and has been occupied by her fo:. the last three months, and is likely to be occupied for two months longer. We notice that, although the whole dock has been given up tO thit vessel; she only occupies father more than one-half of it, and it has h,retofore been the custom, under similar eircitin stances' for a vessel requiring the dock for so long a time to build atemporary caulked wooden bulkhead across the dock, wilas to leave the bottom of the dock available for other ships ; and as there is now a great demand for graving dock acconil niedation, we do not see why this Turkish frigate should be made an exception to the detriment and disadvantage of the public. We dare say the vessel in question pays the rent of the whole dock, but we submit that this is not the question. The public .1 want the ac commodation, and it is not a matter of fees. We have now an 800 tons ship waiting for a turn in the B ru nswick Graving books, and we are almost limited to these docks ; as, if we go into any other, we must proceed to it by river, and this i nvolves a very serious expense, and way of the extra ballast, insurance, &e., besides t'ie other risks in this foggy weather. We are sure we have only to bring: t4is matter before you to have it put right, and remain yours respectfully, - - CATO, MILLER, & CO. Brunswick Graving Dock, Dec. 9, 1859. , • . Mr. LocRETT, in moving the confirmation of the pro ceedings; said that the Turkish frigate used so much of the dock, that it Was useless putting up a bulk-head, and therefore the rent of the Whole dock was paid •by her.. .. • Mr. TOBIN is reference to the salt flats, said it appeared the harbour-master was directed to impose limit on those flats using the George's Dock passage. It seemed to him desirable that the 'harbour-master should report. on the subject, but that 'the committee shouldflit for themselves, or approve the recommenda tion 'of the harbour-maiter as to the limit. (Hear, hear.) It was not at all desirable to throw too much discre tionary posVer into the hands of any officer of 'the estate. Sometithes, under peculiar circumstances, a flat might be allowed to occupy the passage longer 'than another, and there might in such ca ses b e a charge of favouritism. He did not know whether there was any difficulty in the 'Way of the committee fixing the time,, but he threw out this suggestion for their consideration. The CHAIRMAN Said these vessels came down the river, and paid no dues at all. They'eame here forthe pur-' pose of - discharging salt into warehouse, and paid no dues at all either in coming into or going out Of dock. • The Board always had been, and still were, willing to give those flats all the accommodation they could, and they might even give'them a longer time than any other flats; but 4 complaint came to' he Docks' and Quays 'Com mittee' stating that the lay in the passage an indefinite length of tiMe, and sold the salt by retail at the quay. It Wag felt 'necessary, therefore, to put a stop to that, and' a discretionary power was 'given to the harbour- . master. The fact that these fiats occupied the passage of St. George'i'Dock for so long a period was an incon venience to trade- generally • and although there- was great force in; Mr. Tobin's ObServaticits; yet in such' a matter as this-it was difficult for the committee to fix a time 'that should suit all 'cases. Mr. Bouvr—By fixing a tirae it would imply that they had a right to lay there to'the full extent of the time specified. The, CHAIRMAN-It would imply a right Which does not in any way exist. The proceedings were confirmed. The 'proceedings ,of the Master Porters Committee were read, and on the motion of Mr. Rounthwaite confirmed. INFORMATION 'ABOUT CONTRACTS. A letter from Mr. - R. R. Minton was read. It stated that the writer had tendered for 'the supply ; Of red lead, . but that' the hoard had not accepted his offer; that he had applied privately to' several of the officers of "the board to know at what price the party whose' tender had been accepted was' upplying the article in question, btit . witkout success, and lie now asked the board to give him that information. The CHAIRMAN said it never had been the practice of 'the board, and would be attended with very great incon venience if every man tendering was allowed to have the prices and particulars of every tender put in. He understood from the engineer that it would be attended with great inconvenience. The ENGINEER Teplied-that that was so. This party had applied to him for these particulars, and he had absolutely refused to give him them. - ' Mr.: Bourg: said he believed the application was to know the price at whiCh the board had contracted. The CHAlRMAN. , —Whatever is reported at this board ' they are entitled to know, but they are not entitled to any private communication. Besides, sometimes parties tendered under the express stipulation that the priCes " should, not he divulged. The subject thin dropped. THE VOLUNTEER. MOVEMENT AND THE DOM BOARD. The following communications Were read from Mr. T. E. Hignett Albert Dock Warehouses, Chief Superintendent's Office, Liverpool, . 15th Decembet, 1859. Tio Tire CHAIRMAN on THE MIRES'S( DOCIMAND-HAHBOVR BOARD. *l - ' 4 beg to. hand. , you..)aerewith copt'of a resplution. :referring to the formation of. a rifle qr artillery..brigade in con neetion with the dock service, which I am instructed to ask may be brought before the meeting of the Dock -Boat(' to-day ; and to state that any ,support you may be disposed to accord to the movement will be gratefully appreciated, on behalf of • Inv brsititer oflieers, by, sir, yoxlrs rOspegtftilly, ' THOMAS E. ItIGNETT. MERSEY DOCKS INSTITUTE. At a meeting of the Officers, Bce., connected with the Albert: the Kersey Docks Institute,' on Monday evening,-the 21st ultimo, Mr. 'Klux in the chair, It was Resolbed, That the ,late resolution of the Warehouse Committee. amounting almost virtually to a prohibition of their servants jp R.-tiny rifle corps at present in existence, and considering Oat it is the duty of every man to facil. ate td the best of his ability the' development of the volunteer defence, the officials above referred, tb• beg to submit for the'consideration of the Dock Board the propriety of forming an independent,brigade in connection with dock employes only. The title proposed should--beAlte-"Mersey Dooks Artillery brigade," or "Rifle Corps," as the case may be, but with reference to general. details, such as the provisiOn of arms, accoutrements, &a.; they may be safely left to the well-known liberality, of the Dock Board. With regard to the time to be devotetl to drill, it is much to be hoped that the long hours of labour connected with the warehouse service may be taken into consideration, they being such as preclude the possibility , of any'serious individual exertion after the,close of business;' and in reference to this matter, it is resPectfilly suggested that, if no practical diffi culty amesentsitself,the Saturday afternoon, or at least each a.lternale one, may be appropriated to this purpose. The c k uay's would form an .excellent drill-ground• in either wet or tin&weather ; and no difficulty would be experienced in selecting: one or more drill-serjeants from old pensioners employed at, these warehouses, • . it was further Resolved, Theta' copy of this-resolution be forwarded to the Mersey Docks and Harbour Board, with a respectful request that the members thereof will be pleased to give the matter tlfat con- sideration which the importance of the subject may appear to deserve. TH010,9 E. HIGNETT, Hon. Sec., pro tem, December 15, 1859. The ,C,ILAIRIIU.N.—IB it your pleasure to take any action on' the subject ? Mr. GRAVES thought it would, perhaps, be the better way to refer; it to the Finance Committee. He was sure,. ,whatever decision the board might-come to, they could not help admiring the, feeling which prompted the reso-. littiort.. • • Mr. BOULT said, as far as he could see the feeling in the letter, it seemed to be expected that everything should be done for these young men at • the expense of the board, and that they should do, nothing, for them ;selves.: • The board were to find them time, arms, and everything , else. He did not see anything very com niendable in that sort of feeling. - • The CHAIRMAN said it appeared to him that the reso liktionrin.question was a reflection upon the - Warelionse Committee. Ile.thought the -matter in the first instance should". - have been brought before the Warehouse Com mittee; hritheing brought before the board in , the way it was, it should not be taken. notice of by' the'board at all.` he Warehouse - Committee had taken a certain course, which had been confirmed by the board ; and he 'should not encourage - the - Servants of the Warehouse Committee in appealing against the resolutions of that committee, which had been confirmed by the hoard, (Hear; hear.) Mr. SMITH thought the matter. stood in this way-. From the discussion 'which took plaoe at that board there was a decision that its was not desirable they shOuld interfere in any waywhatever with , the leisure hours of the seriants connected with the estate. The duty of the board was to see that the work was efficiently T •erfOrmed. So long as that work was not neglected, all the servants of the board were 'at 'liberty to' occupy their leisure time as they pleased. If they chose to enter a volunteer rifle corps, they might do so; but he ' did not 'think it right.for thehoird to' depart from their decision. Mr. Tonfridict not think the young men intended for a moment to reflect upon the Warehouse Committee. Mrr IivBRACK was sure - there was ' no disposition on the part of the Warehouse Committee to hinder the ' servants enrolling themselves in any corps they might think tit. • ta ' k T e h n e O rl- r7or e ( t 1 z ir e h tt e er b , e b t u te t r m w e a r y el w y o t u o l r d : p ad er it aps ( , H b e e a t r o , hear.) Mr. RANKIN thought it was probable the young men were not aware that they we re at liberty to enter any rifle oorps therpleased, .1 This concluded ,the public business. -4- TUE NIGHTINGALE FUND. — The Secretary of the Nightingale Fund says, in answer to a letter in the Tones, that Miss Nightingale has been and is unable to take, anY active steps for ,the formation of an institute for nurses ; but it is - understood that plans have been, arranged by her ,with a view to carry out that essential project of subscribers to the ,Nightingale Fund. Theye is ,little doubt that - such subscribers wi sanction its postponement, in, the hope that -'Miss Nightingale's ye storation to health may permit her to direct and super intend such institution. The sum collected (invested in. Exchulucx bills)', with the interest accumulated since the committee ceased its labours, amounts, he believes, to about £48,000. LIVERPOOL WINTER ASSIZES. CROWN COURT, YESTERDAY. (Before Mr. Baron MARTIN.) ASSAULT AND ROBBERY AT WlGAN.—James Darby shire (23) was charged with having, at Wigan, on the 23rd of October, 1859, feloniously and violently assaulted William Gobin, and stolen 2s. from his person. The prosecutor had been walking along the street when he was overtaken by the prisoner, who knocked him down and put his hand into his pocket, and took out the money. The prosecutor struggled and was getting the better of the prisoner when he whistled and two other men came up. A light was seen at a short distance, and when the two men saw it they made off, but the prisoner stuck to prosecutor some time and then ran away a short dis tanoe. A man came up to the prosecutor whom he knew, and the prisoner began to snowball them. The prose cutor was going away for a police-officer when the pri soner got hold of him by the'throat, and attempted to strangle him. Information was given to the police on Monday, and he was soon after apprehended. The jury forind the priSoner guilty. His Lordship, in pass ing sentence, said he never heard a man give his evidence in a more straightforward manner than the .prosecutor had done. There were some ques t tions which counsel put to witnesses which the wit nesses did not understand sometimes ; but the prosecutor quite understood the whole of them, and got at the hot tom of them at once. It seemed that two men came to assist in_ the robbery, who were at hand, ready to be called at any moment. It was more than likely that some of his accomplices were still lurking about Wigan, and 'possibly some such persons were in court. If so,' they had better take warning ; for, if brought up to be tried before the judges, they would be visited with heavy , punishment. He (the prisoner) had been imprisoned for' two years, but he had not been at all improved. The_ sentence of the court was, that he was to be sent for ten years to penal servitude. FORGERY AT LIVERPOOL. —Alphomso Faucon, (30) was indicted for having, at•Liierpool, on the 10th No vember last, forged a certain endorsement on a banker's draft for . the payment of £25 with intent to defraud - John Rogers. Mr. Temple prosecuted. The prisoner was undefended. It appeared that in November last the prosecutor, Richard Snowdon; lodged in the same' house with the prisoner. The prosecutor had a sum of money to the amount of £5 in the hands of the Lan caater Banking Company, and he wrote to the company asking them to remit him a cheque for the amount. A' letter was accordingly despatched containing the cheque, . and it' was delivered at his lodging. The' mistress `of - the house received the letter, and by a hasty glance at the address; thought it was for the , priSoner, and, accordingly, put it under his ;room dodr. Soon after wards the prisoner told the landlady of the , house that he was going to a situation in Cardiff; but that he was not able to pay_ her what he owed her as he had only seven shillings in his possession. On the same day he called in the shop of Mr. 2 John Rogers, , Great George-street, and purchased a shawl for two guineas, for which he tendered a cheque; made payable at the Bank of Liverpool to Richard Snowdon, which he endorsed with the name "Richard Snowdon." This being done;the shawl and the balanoe of the £25 were handed over to him, and he then left. A short time' afterwards, Mr. Snowdon wrote to Lancaster. to know why the cheque had not been forwarded; and learned in answer that it had been- sent and paid. Information was given to the police, and as the prisoner had not gone to Cardiff, suspicion fell upon him. _ On being arrested, the prisoner admitted his guilt, pleading as an excuse for his conduct that he wasextremely poor. The jury found the prisoner guilty, but recommended him to mercy, on the ground that he hadheen strongly tempted up by Mr/Rogers; whd': had paid the money into the bank, and consequently was - the loser. His Lordship, taking the recommendation int& -consideration, mitigated the sentence to eighteen months' imprisonment "with hard labour, observing that such an offence was' usually visited With penal servitude. iklAwst.tircififsli AT S MALLBRIDGE,--Thonuts Holt • was indicted for having, on the 9th IsTdvember, at Small bridge, in the parish: of Rochdale, slain Jonathan Whally. Mr. Whigham conducted the prosecution, and Mr. Wheeler defended the prisoner. The deceased was a sergeant of a constabulary force in this county, and had been stationed at Smallbridge for some - years past. He was' sixty years of age at the 'time of his death. The deceased had been a soldier in his early life, and was one of these who guarded the First Napo leon at St. Helena. On the 9th November, 1858, he received information that some card-playing was going on in the house, of the prisoner, who is a bookseller. He went in company with another police-officer, named. Gamble, to the prisoner's house, and in a room up stairs they found - several men playing cards. When the deceased was going into' the room; the prisoner struck hiM a. seVere blow, knocking him with great force against a door, and he ieceived some injury to his arm. The' arm became very painful; and he went to the' l‘tanehester Infirmary, where an - operation was per fOrnied. He stool the operation . serY r, well, but a short time afterwards he became much depressed, and : his: ; health - gradually declined. It was eventually thought that the only way ,in which the man's life could be saved would,be by .ampntatating his arm, and accordingly amputation was performed, but- the man never recovered to his former health, and he died on the 14th October - last, nearly twelve months after the blow had been struck- by the prisoner.' The surgeon-who was examined, and who had Attended the deceased; was ofopinion that death was caused by depression of the ritarpOWers, resulting froM•injary to' the' elbow joint. Was shown for the defence that the deceased had su4- failed an injury to the same arm some time before the prisoner had • any altercation with him, and at the time, the prisoner' was taken before the magistrates a ; fine: was inflicted which - was thought sufficient punishment for the offence. IHis.' lordship, after summing up the evidence, said the . law was, that if a main died within twelve :Months after an injury had been done him which was likely to hasten death, the person so injuring 'hiin was said to be guilty of manslaughter. • They had it in evidendethat - the Man had been 'better and worse for some time, and if he had only lived for another month nothing:could have been latd to the prisoner's charge. The ,jury were also to consider that the prisanor bad, been already . punished by :the magistrate. The jury found a verdict of not guilty, and the' prisoner was acquitted. • CONCEALMENT OF Brumi,—Frances Henrietta Wrench was charged with having, 'at - Gorton, on the Ist OetOber last, endeavoured to conceal the birth of a child of Which she had been delivered, The evidence was not sufficient to Make outrininase against the prisoner, and she Was accordingly tioothitted. • _ . THE Bunx Ex,nurrows.—The case of Squire Howarth, who was out on hail, and who was charged withhaying, at Bury, committed the offence of coercing undue influence at an elation of members of Parliament; was : nexttaken up. 'Mr. Kaye, who was instruct*. for the prosiecutiOn,, intimated, that no evidence.would i heOffered, as there were no depositions.. His lords hip shed WhY there were no depositions. Mr. Kaye said he was not able to explain. His lordship asked why the prisoner - was brought there if there were no depositions ? Mr. Kaye answered that he was brought tinder a ben& warrant. His lordship said if the prisoner were brought under a beach warrant, he stood on his. deliverarce, The prisoner was therefore discharged. , PERJURY -u• AT M ANCHESTER. Stirah Breyin (17) was charged, with having conimittedivilful Evid corrupt perjury at the General ,Seisious,. Atalldiv'ster, on the NORTHERN DAILY TIMES. 11 • ::_i 21st October last., when giving evidence as a witness for Thomas Nelan,. who was indicted for ,an" assault with attempt to rob. In absence of the certificate for the prosecution, the prisoner was acquitted. CONCI3AI9tENT or BIRTH. Mary Ann Bowden, (65) and Melinda Bowden (23) were charged with concealing the birth of a male child, at Heaton Norris, on the 22nd October last. Mr. Cross prosecuted. The prisoners are mother and daughter ; and it appeared that a farm labourer was walking by the•canal, and he,. observed something floating in the water • near : Mr. Reid's mill. He took it out and found the body of a child wrapped in a woman's apron. He gave the parcel up as he found it to a police-officer. The younger prisoner was a factory-worker, and she had often been accused of being in the family way, but, she denied . it.:. On the Saturday she left her work,• and was not able to return on the Monday or Tuesday, and from -the statements which the prisoners made to a police-officer it was concluded that the prisoners were "the guilty _parties. These statement!, however, were not admissible evidence, inasmuch as, they had been extorted from them by the officer.—The prisoners were therefore acquitted.—Mr. Wheeler, who appeared for the, defence of the prisoners, said I sure all at the bar are exceedingly obliged to your ship for the remarks you made on this subject in your charge to the grand jury. PERJURY AT LlVEurooL.—James Leatherbarrovr (31) was charged with having at Liverpool, on the Bth October, 1859, committed wilful and corrupt perjury. Mr: Temple prosecuted, and- Mr. Russell defended the prisoner: It appeared from the evidence that the prisoner was employed to watch in a field of turnips at' Crosby. On Monday, the 26th September, he summoned a man named Arnold, for stealing turnips from that field on the previous Saturday night. When the case was heard before the county magistrates, the prisoner swore that he saw Arnold take turnips. It was found, however, that the prisoner had been sleeping in a barn with• another man, with whom he had been drinking gin during the day, and had not been near the .turnip field on the night in question. The jury found the prisoner guilty. His lordship said the prisoner had been convicted of what he considered a very bad offence, which was increasing every year. He was quite sure every gen tleman at the bar was aware that the offence of:perjury had increased during the last ten years ten or twenty fold. The sentence of the court was- that, the prisoner, baimprisoned twelve montlas and kept at hard. labour. .. PERJITRY AT POULTON.—Wm. Bamber (31 0 was indicted for having, at Poulton, on the 7th'of 'bar, I859; - 661 - tinleted - WilftirrInd Corrupt perjury. — Mr - OMM conducted 'the prosecution, and Mr. Pepe defended the prisoner. It appeared that the prisoner had been called upon as a witness in the affiliation case, ,at Poulton, of Hilton v: Conlan. On that occasion, ,the' prisoner stated that the defendant was away with him: purchasing hay: on the day - that the prosecutor said she met the defen dant, and that statement was afterwards found to be - incorrect, and on that ground the priioner was com mitted for deliberate perjury. The jury found ,the prisoner guilty. His lordship, in passing sentence upon the prisoner, said it was the clearest as well as the most cruel case of perjury he had ever heard in his life. He was not in the habit of giving severe punishment, but he considered it his ,duty to sentence the prisoner to'. 18 months' imprisonment with hard labour. The court adjourned at a quarter past seven o'clock to this morning at nine. SECOND COURT. ; (Before Mr. Justice Wriauns.) MANSBANGITTER AT BURNLVIY.--jOhll Quinn was indicted for the manslaughter of Mary Crook, a little girl about eleven years of age. Mr. Waye appeared for the prosecutor, and. Mr. Russell defended the prisoner. It appeared that the prisoner kept-a shop' at•Burnley, which he had stamped the words. "Kiss me quick." On Sunday evening, the 11th Qf ,September, as the prisoner, was going towards honte, he was.followed by a crowd of hoys, who were shouting after him the words on his toffee. The prisoner entered his house, the boys• continued to shout, and in a start time he opened the door and was seen to threw something towards the part, of the crowd where the deceased was standing. She immediately fell down, and, blood spurted from her forehead. She ' was taken home, and died some time after. The counsel for" the defence contended that there was not sufficient evidence_ to prove that the . prisoner threw anything., The wound was a jagged one, and he believed that could not have been, the case had it been inflicted by throwing a knife. He thought the Wound might have been received from the clogs of the boys as they ran past her. The iron of the dog' would have inflicted a laberated wound exactly similar to the one on the forehead of the deceased. The jury returned. a verdict of guilty. .-His lordship, in addressing the pri;• soner, said, that as ithe prisoner had been very much aggravated by the conduct of the boys, he would not transport him, as he,' should otherwise have .done, but sentence,him to imprisonment with, bard, lahOPr fqr„ eighteenmonths. : : • . , acv: STABBING AT MANCHESTER, James Hassalrxivas charged with having, on thelard duly last, violently out . and wounded Amelia Brown, with intent to commit murder, Mr. Hopwood was for the prosecuiion, and Mr.. Tarr for the defence. The prisoner had been lodg ing in the , house for some time, and on the morning in question he was sitting with the prosecutrik talking of her marriage, which - he had previouSly heard. They quarrelled upon the subject, and the prisoner draged her to,the place where the ate was kept, and continued to beat-her with it until separated 'by a surgeon. Th‘ defenee offered was that the prosecutrix had com menced the attack, and many Of the witnesses, in cross-examination, stated that some of the breakfast things - were strewn ,-4bout the floor.. It was also contended by the learned counsel that , the man 'Coed nothav l e - committed the assault with an intent to commit murder, and it tytis li far : more likely that the prisoners aggravated by the language of, the prosecutrik, and still further aggravated by the plates and, dishes which she had thrown at him, had seized the axe and,l4vithout reflecting on the possible consequences of his Beat her in such a manner as to inflict the wounds deicribed. Tie also laid stress on the fact that none of the witnesses had seen the prisoner use the iron of ;the 'axe; and, as the sUrgeOn' had stated, the wounds might have been inflicted with a wooden stick like the handle of the ate; the jury should take the most,favourable view of the case: His lordship, in aumMing up the evidence, commented with great severity on some questions that - had her it asked , the prosedutrix by the prisoner's counsel, f i e thought: that if insinuations upon the character erz t h e • 11 • witnesses Were to'be Owi out withont the , o' l oitest foundation, a court ofjustice would becomelktf e : more than d'inachinelfor -damaging the eharactx, ‘3 , o f w i t _ tiessW " The jury; after a short deliberation foUnd the prisbner guilty of cutting and wounding ‘ o ' ith an intent to do gfievous bodily' harm, and ho wr s se n t e nced, t o penal servitude. SrAnzarm AT BoLror.--Davia p.oberts was indicted ibr having nt Bolton, on the .V6th of October last, felOnionill i t cut and wounded .',diehard Stewart, with inten'Vl i disable or do him ser ,6 grievons i biiqy harm. pre,asnetr ~tor is Faonghrlaaonmqureesiddeifnegndeind ,AXr,Pyr prosecuted, d the prisoner. The BerWick-on-Bolton. Net ,r to the hbuss of 'the prose tutor was that of the pf isoner, and the two Muses were . separated by the hour e.of Mr.: Bromily. Previous to the time of this ocev srence , the proSecuter had had no acquaintance with the prisoner. On the day in clues-_ tion the proseeut,er Was sitting' in his room, the house ' door being opc'd ; the prisoner then came up, and after abusing the pr osecutor for some time, drew his knife, saying that he wovlid defend himself, as he knew the prosecutor meant to injure him. He continued to abuse the Tosecu tor till the latter becoming exasperated puttim outof the door. A short time afterwards the prosecutor had occa sion to - go and see Mr. Bromily ; and, while leaving his house, he met the prisoner, in the entry. outtide. A scuffle ensued, and the prosecutor was saverely Wounded in the chest For the defence it was urged that the wound being inflicted in a dark entry, and 'being an upward one, was probably obtained in an accidental manner, and, therefore, without a malicious intent. The, jury took this view of the case, and the prisoner was ordered to be imprisoned for nine calendar. months. • THEFT AT WARRINGTOX.--4RMOS Locker was indicted for having, at Warrington; on the 22nd October, feloni ously stolen from the person of John Jackson, a silver watch. Mr. Raffles prosecuted, and Mr. Fonblanque defended the prisoner. The prosecutor is a tanner at Warrington ; and, at the time Mentioned in the indict ment, hd roa *been drinking about the town with the prisoner and another man; the other-man left them for a few moments, and'the prisoner then snatched the watch and ran away. Previous to taking - the watch and while in a public-house, he had noticed the prosecutor's watch and told One of the witnesies that he would have the watch. After - he had:obtained possession of the Watch he showed it to the aforesaid witness, who warned him of the consequences. of his theft: . The:slefence set up ,by the learned counsel was, that the prisoner,merely - took the watch for safety as the prosecutor was so drunk as to-be unable to take care of it himself. The-prisoner was found guilty and 'sentenced- to •four_monthiE impri sonment. FORGERY AT NA.NOHES —Noah Jones-was indicted for forging and uttering a- certain, forged order for the delivery of goods, with intent to defraud, at Manchester, Mr. Colbett conducted the prosecution ; the prisoner was undefended by counsel. The prisoner had `Been for, some time is the .employ of Mr. Morris, and knoiving' that his master hadidone business with Messrs. Galoway, of Manchester, took a forged order for some; copper bolts, and upon_presenting it jl6 obtained the copper mentioned in, the order; Lie subsequently sold the bolts, s and was, shortly after apprehended. The. utteringpf the forged- order was clearly , proved, and the prisoner was sentenced: to-penal servitude for three years: . BURGLARY AT MANCILESTER.—Thomas Johnson was indicted for having, at Manchester, onthe 9th.flecember last, entered the house of Mr. Topp, cotton spinner, and stolen therefrom some plates, Br.c. The prisonerpleaded guilty; and was sentenced to twelve months' imprison ment. . M.A.Ne-LAuGHTEn,---Ellen Looney was indicted for the wilful murder of John Canary, on the 29th of October. Mr. Leresche prosecuted ; the: prisonerwas undefended: It- appears that the house where the' deoeased person, John Canary, resided, adjoined the house belonging to a person named Moss, and it seems that on the particular dayinentioned the husband of the prisoner was in the" deceased's house. The-prisoner went there for the pur-- pose 4 persuading her husband to come home. Mr. Canary- had previously forbidden the -prisoner to come to his house ;. and on the night in question he seemed very much offended, at her coming,, and showed this by severely pushing her out of ,the house. She instantly seized a :spade, and struck the deceased on the • head,. inflicting wounds from . which he died, shortly •after. The. learn.ed judge _considered that the' indictment for murder could not be sustained; and the jury returned a, verdict of manslaughter, accompanied by a recommen— datipn ,to:Mer,eir• The prisoner was Penteheed to impri— sonment with hardlabour for six months. COUNTY COURT.-yE's-TERDAy. ( Before W. A. RIJLTOR, Esq., Judge. ) 1 - N* RE THE TOXTETH-PARK CHARITY. Fdl ward iniur ~nnen ri , l on behalf of the trustees of this charity, to apply for an order for ascer taining and declaring the proper 'objects of this charity, and for-the 'court to give directions 'for its application, and for establishing' a suitable scheme for its 'future . management and regulation, and for such l -further orders as the court should think fit - to make. - Mr. Bolton, in structed by Messrs. Thorneley and Jevons, appeared- to' support the elaiths 'of - the-Unitarians voishippintin the ancient chapel of *Toiteth-park. 3,1 r. Aspinall, in structed by Mr. Paterson, appeareetfor the Presbyterian minister, the Rev.. Mr. Johnston ;. and Mr. Raffles, in , strueted by ,Mr. J. 0. Jones, for the Ixtdependent minister, the Rev. Mr. Harem. Mr. Banner said that the application was made- to the court by authority of the Charity Commissioners, made by virtue of the provisions of the -16 and 17 Vic., cap: 137, 32, which directed` that, when the annual in- CQllle- of 'any charity should be, under £30,- , the Charity. Commissioners might order applications respecting it to bel6de in the County Court. He then read the order of t'he Charity COmmissioners, from which it appeared that this'eharity had originated in a - gift '-of -several small suing' of money, the truss whereof were consolidated and declared by- an indenture, dated- the 24th June, , 1762,. expressed to be made between John Lawralison, J oseph Mercer, Nathaniel' Pendleton, Jonathan Mercer, and John Houghton, of the one part, and Daniel Weathet,i Peter Ketunou, William Cassell, Yohn Iffebiter, thdinas lt t i 410: :vhc iliwilbami:ei4mtri•66ttbsequent Bispham, John Bispham, Joseph Mercer,' the - yennget;', Jahn Pendleton, and John. Rigby, cm ther other part, From this indenture, it .appeared :that ", the goss amount 'of. 'the sums—X3op was vested ; in the said trustees, upon trust, ,to distribute the in',,erest of 450 among such poor honiekeepers regdent Toxieth-park as the trustees should think proper, and to employ the interest of the remaining £ 250 • - aez.long :as the laws 441 1 9: A*944 should t‘cor t4e providing,. supporting, and maintaining godly, an d . pious prQoching and teaching Proteetarat orthodor minister oilministers; such 'ns ' were usually terined.Pro telitiint Dissenting ministers ' , 'who should be found in the; faith of Christ, and ) ,iolding and profesaing the doctrinal articles of the Ckiurch , of (England,: required ' fli f 4isse rhe in r e e t g i i i i n g , 'b ne; P : ll : ll' ,Jr4 aY* as ,r.994 llad : ja ,n 4 to llaa li trdTP: tp lls e ct'll a ri fb ita : 4ll9 t 'e'e li btril'iUrl e Y 'b 4 e ;e;: e e i l ;' - o n f' the poor. dAr ed; dated 1857i' Messrs. Nathaniel Y.ing, AlfretiKing, Alexander Neilson, J l O4 B O ll , , Coltart, Mereer:, Richard Barker, :Wi ll iam Barker, Morton Spark _ e , antl;Tiaac Oliver" jainis ) ,;:the present trustees; -'over e appointed. Some'tinie 'the "benefit of the said 41 tftist vial( withdrawn'fforn;the Ministetlif the Toxtearf,ark 'Chapel, mentioned'inf•the deedubf47 . 62, .. ; the r 'arty entitled I to it, in consetwenoe' of. some change Ow t cpris tenets of the - ny t nijs pr,„,:and con greP' ~ion, 614 a er some cessation ih r e apprthatieri of the . 'charity, Clains"to the 'benetit the 'said tru: .st had recently been ihnile Olt belittifoftwb othdichaftels I.l!:loxtetli;park; Called respectively -the NewiPielbytenan Chapel, *and the ;Independent Chapel. The chapel mentioned in the deed of 17,02, has subsisted continually as a place of , religious warship, l and is noW,,known as " The Ancient 'dligperef ToitetlaLpark." trader 'these circumstances, • W ' Consideidd "desirable ''that the qUestidn , shOtild be settled by a oeinrietenticonil, and the - charity commissioners havinglieen.applied :to; authorised the, trnstees. to „make an:application; to.,the I4verpool County Court. Mr. Banner, •in cvtinnation said that the former Aitplicition of the funds was 'UnknOwn to the predenttnisties, but it was Sujilaied)that they were 'paldto the minister of the Ancient Ohapelof Tbateth-park. Some years ago, the minister, of thlit chapel: became Uni tarian; a large number of the congregation left in con sequence, and, under these circum.stances, the trustees did not consider that they we'te' justified by the deeds n paying the money idr'the minister of ' that place.. The funds 'had been' lost sight of for' a number Of years.; butt; Mr. ,Neilson,: an - T old 'and portnnt officer in: the Town-hall, discovered, tilat,tpey had been invested in torperation bonds ; r and one of the trusteed, Itir. Litherlind, was informed that some of;the money had been lent on a promissory note given by the !trusteed bf. a chapel at Need/Brighton-; a nd knowing , of ' it e c s li tul pr e itiy t : . .: 9 n mPi d ha t34l9 yin e ! l a th n a a t e w ti as oi n a o g t a th in e si p .t r4 , pe t r r?l m s r p d c e s , ( o ) n a oc bon , proceeds should be paid to "the Rev. Hiroo ?the . It was thought by all but one . of the trustees that the succeeded, the . m oney was i.nvest6ci d ndepeiident minister ; but Neilson was in fatotir of • its being , paid to the Presbyterian minister; and the Charity Commissioners taking into consideration the di-' Friday, December 16, 1859, ference of opinion in the matter, - de - alined - - to - le - Edo, making-an order for it to be-settled in the county co l t Mt. Bolton; in .supp or ti ng ith e claim; of the min r and congregation of the Unitarian chapel -having stated the law to be that when in- any charitable ;bequest the religious doctrines were not expressly mentioned, if doc trines had been preached - for. twenty-five years, _they might properly be taught, and thnif un d s th a t s h ou ld be left for the benefit of such. congregation should not be called in question after that period, said that, previous to 1827, since which time there had been no application of-the funds ' the proceeds of :the charity had,- with few exceptions, been paid to the • minister of the Ancient. Chapel of Toxteth-park, so that previous to that time Toxteth Chapel was in receipt 'of the money No other person could-have claimed it, and his friends who ap- • peered now for that purpose must be out of court, as he could give evidence that ne other minister had Coale within the provisions of - the deeds. If it was an ex pressed trust 'for the purPose of - pioinitigating the religions views of the Church of England, and if it Was in the very essence of it, that the Articles of that Church must be acquieiced in, then the present - minister for whom he appeared) would have to say, " Ido not claim. ' But he appeared not only for the,present minister, but for a future minister, who might comply with those conditions. There being .no gift over to the poor, it would be for his Honour to consider whether the inten tion of the donors would be best carried out by giving 't° the poor of Toxteth-park stallramount as could not be claimed by any, person ; by 'giving it to .some person advocating similar views to' those-of the testator; or by giving it to the minister- for the time being, of the Ancient Chapel - of Toxteth-park. The representa tives of many of those parties who - made, -settlo - - of - these - sums had ' frequented that chapel ; and there vas one ladY, holding :a pew, whose ancestor was a party to the deed 0f,1695, and he .believed the:( gentleman who instructed - him was 'a direct descendant , of one of the donors, and now held the-same opinions Os' the present' minister of Toxteth-park Chapel,;, he stir posed, indeed; that the congregation worshipping - there was descended: from the congregation that existed at the period of 1695. It was not so much in conside,rationef the particular ' doctrines,' as to benefit thezinielies -and their descendants frequenting that place of wor ship, that the donor,/ gave their money. It wal necessary to consider not only the religious belief of the (loners; but alio what they might have-been if they had been now alive: It was quite possible too that the , minister might alter his Opinion, and in that ease he would clearly' be entitled to the money. Mr. Aspinall sold Mr. Bolton only:spoke, in general terms of the creed of the persen whom he represented. He admitted that his:client did-not come' within 'tlie meaning of some of the --deeds—that he was not or thodox, but they wanted some information of what he did teach. . . . : , ''_ e ' Mr. Bolton—The Bible is used as the foundation of his faith. Mr. Aspinall said' he merely asked the question to preVent the - necessity of putting. Mr. : Robber : de in ‘tJle box. Mr. Bolton—Mr. Robber& does not - hold 'the d,,,_" trine contained in the original ;deed: Mr. Aspinall—ls he a Unitarian ? ' Mr: Bolton—Certainly, I' . *ill admit that he is ; but as 'regards Unitarianism; there is no definition._ . • Mr. Aspinall said they wanted to' know not . o nly whether Mr. Robberds and ... his predecessors had - beee Unitarians in the largest sense a the but whether they had been Unitarians - Of ;' the - same colour. TV would, however, take the.admiision that Mr. Robberds was a Unitarian,, but he - would - not admit that he, preachedthe same doctrines which had- been preached therefor 'the last twenty-fiveyeara._ Mr. Aspinall then said that he appeared for a gentleman who represented th e Presbyterian body, and the first question was, whether the persons whom Mr. Bolton representedwere entitled at Al; and .if they were not,.arhe was, and to what portion''' The terms of the will in the - cased Lady Hewley were tie` in stronger terms than those of-the deeds' which had been cited. , In. Lady Hewley's case the bequest was 0 , moneys to be employed for the' benefit-of such poor an', godly preachers whoielobject :was the :preaching '''', Christ's holy GoskAi,..nnd the question. was,, wheth er the Unitarian body—who,no doubt; believed themselv e s godly preachers—were-se-within--the meaning of th e will, and the decision wag most diatinctlyoiat they wer r not, and the'case haling; bein earriiidlto the' House °,', Lords, the judgment was affirmed. The deed of 176 ' avhich•Mr. Bolton relied. upen,,beeause it did not el; tutu' the' iyuld "t?atlivdtur,' funds should -be given; ftfor.the_;benefit of ministe rs of the Presbyterian and Independent denemination; ( It wafs a" Thatter - of hiStOry that treSbyterians - at. Independents of thatdaV would have looked with hor upon anything like the "doetrines.of the Unitarians, an d , he should have been_quite content if the words i‘ sourl i t4 r in'the faith" had Been 'omitted, fOf i he ould "ask/ . funds which .liad been wider t ~ will of S. lady wlicisald.,thet were to ,go ttf thee Pee Tian 3'l Independent denomination,_ could properly be take n possession of by persons who held the .Unitarian doctrio Which at that time had not been heard of, and 'if tlfel f hadlyeert heard.7of, - would not have been: tolerated. .%, Unitarianism were r eally the,object of the gift, the trued would' have gone - ove r `long since 'subject to the pro tp sions, the doctrines being' illegal 'at .that: time .; all° 4 o was.elear, that a subsequent, alteration of the law c°"•,-., make no dillerenee. The qUestion then arose, "wh ° o " entitled to; the money ? and he did not propose to aust i , 4 that question merely fer the-purpose of answeriniyo friend, Mr: Bolton, who,-with -that . generosity wo',/ generally influenced rival Sects,Larished_io make out; least, that if he was not_ entitled to it himself nobet'erj else was., He and his friend„Mr. Raffles, were prepar ie , to show'that the founders otthe Presbyterian and lrl b e pendent '-ohapele hi, Tol;tethpark: . enated i - front "„, Ancient Chapel of Toxteth-park, when what were r; posed to be heteredox doctrines were first preached then l His friend, Mr. Bolton, had made - a pathetic eßPel er '. behalf Of. parties whose- andettors - were buried 'l4'o'l - but:though there might be : Tie or two• et the ,desii ''.. dants, still there'the vast body of them, were iiiinb e , .' h er among the Presbyterian and Independent congiceov. t whom he (Mr. Aspinall) -represented,- and among Liler e/ I Presbyternin and Independent congregations scat.,T4o ahout the world. There was a time when the Uag,S - 11 doctrines were beginning to lie preached in ithli ef,, 0 0, when the congregation to some twenty t e— o t and though tho - .3presentr: Inithiste.r - possessed the f ik° named-in tho.deeds - very few of the descendants ?. ,to original-congregation remained. He should be 0 10 show that: the persona :whom: he and ; his, tricot' . 4 1 . Raffles represented were tlan descendants of the verl e ,ys SOlifi who were .expelled ; ley„ the introduction of iinP r " 4 doctrines, and, therefoi•e,f , lie 7 contencied, were in r_ f Off the 'old congregation, ° and entitled to the benefit A . charity. 1 /. f .° C ' Mr.; Raffles then addressed the court on behalf r 4, IndePendents, and said,lhat niter- the , able m11,7,',,. 1 " which Mr.., ',A:spinall. had ;dealt with- the ,queOtwa; at Would . be almost; useless for him to detain Pie ce, L aetZ any length. He would not, he , said, go•inte the a4 l / 0 tion.ibetween fl. Presbyterians and In.,dePeu of+ because ' ;supposing the, deeision,was in favour 01 ,...„ 0 0$ the and hit friend might come to some. agr7 be (10,,. If : his :Honour should consider that the. Indeg :c4 ,t,r„ -and Presbyterians were : the proper parties to re e4 _ f oiei t: A v (charity, he :thought it fWel.l i kl better to leer , - the trustees to administer ..,the i •charitar;.l-_t L o Oet, thought fit. The interest on the money .91 ?.-- 0 . „14,u„ - , &stadia - 24N. in the . year, . which if ,divide -11c .dditio -amidst useless, while in omegaint it weuldbe. o ' i ~ ...d 4 .e lo.a.man's income. - r::; rill OCA.) - , -Mr. Aspinall-aaidr ha illiela not wish that , the -;'• 40 shoUld tie the hands of thei trusteass: bot as th e ss ioo ~, of the trustees were in...Amur_ of one predile c . t _ D o, Honour should make ieeme T suggestion as to tOu '! cliaile en.avhiph the,nioney-ashinild be applied- -, 1 His Honour reserveZjadinient. ~ . ' ,ple :. '. • . a :: i . - .,...--si-sassea-10--br•-""""7 - "" _ tfr- / oil THE EFFECTS OF Ds.A.ll.filinh—Mr. John 00 1-ed -e ' farmer, "of Borrewby, near Thirsk, has jo!t, throe 0!, his oi4oing crop, and he finds that the produ _,, !ori) 4 newly-drained field,: of - very inferior quality, -0 ' / 10 two 'bushelsiper- acre, being at It4Lat 'seven tirries . "'Wei, per acre as it was ever known ' to produce.—Y:o l l --- rOll SHIPPING NEws.-%-lrailiiitrDee. 6.—The Lal r atk o a - , was . • 11, lin, of "and fromiLive!.#6ol. for__Xaranhani, ai ,a ,a, a large ship in the night on the 29th Noy. , cr i ' f ito lifter - wards; w,enV down head foremost. The P*, i d two in number, and ,the; brew Seiiteen),:are ,4a 1 4 , e et• ham perished. ', ,One hand 4a coloured- !Jil i n ste7,,v .upion 410 follOwitigmorning.by the Marley Bi „onti le id THE LEGAL PROFESSION OF THE NV:iaa;r 4. ,, - it , i ffill,..of Yeaterday,_a meeting of West Riding seliel w ., eurriel a atr.tha Cern tichmige, 'Wakefield,- for t,f, u fa liner i e o gti l d presenting Mr. LUMb, of WakefieZel, th e t funle b/ profession," with his portrait' a magnifice e. a s to° a re; one, value 120 guineas. The presentation ate r tqdeaf t J. Marsden, Esq., the - Riding solicitor. l e ' re 'con; o ett i ceedings connected Wit - Tithe presentCtiCe w o f lulle..apie the subSeriliers to 'the testimonial part')' ins rea rePl,l,, the Strafferd Arms Hotel; `Mr. turnb bel!_Eicksplw by his two sons, -Messrs. RobeTt and Freoel, , t gro, 4.... ... The 17, At t ZT, kfitr '4114.1 I , 4 „ltitor „°R., 414 Q 4. se c - - - :- - - - FONT FO r '''lloe Iti t t i l . ew 1 4 lit) at tilic e i ki)4 gla to