The Northern Daily Times. — Liverpool, Merseyside, England, 1856-08-25 00:00:00

`~`..„r., SOUTH LANCASHIRE ASSIZES.-SATURDAY CROWN COURT. .re. (sEvoitE MIL. JUsTicE WILLES. . pis Lordship took his seat upon the bench this morning precisely at nine o'clock. Tun BOLTON POISONING Cass.—The prisoner, Betsy ,e 4l4‘ll " t ulleo, was again placed at the. bar. As on Friday, she ^as accommodated with a seat, and at times wept bitterly. Bergeant Wilkins rose for the purpose of addressing the Jury on beh a lf of the prisoner; On rising he appeared deeply effected, and expressed the great anxiety he expe rienced on the present occasion, lest he should not have ttre n g th to discharge the responsible duty which then fiev elved upon him, but should he have the strength to dischargedisc the duty, he had no fear as to the result the .Ite could not understand why it was that facts in ayour of prisoners wer not lid before juries as 'yr those told against them— e in the present case he would show i °n t a , tf acts had b een witbh. eld—that exaggerated statementsh e , D een made. For tuffs he did not attribute any blame iS worthy friend. 'oecause he only acted from instructions tion from others. He 'thought ! that in getting up a prosecution had no right to use zeal in getting a convie before of thei r ( b it y hi' - =n; ' , only to lay a plain unvarnished tale t ( l )s iu ,, r Y , als - A if they did otherwise, then, as the representative e next 'e trovvn, they brought disgrace upon that to o rce oall ti nn y t stated that it was not his intention f !I'llekies' and he did not see how h e cou ld, as hi s learned ned s - b ri , ep d had stated, the case mainly rested on the evidence of t 6 girl. Now, fair as that witness was is form—self ssessed as she was in the w it ness box, he felt assured th a t should be en a bl e d t o conv i nce t h e jury t h at many of her , 4 tements were utterly false, and those that told most 'gainst the prisoner. He made the remark advisedly and s aft er calm refl e cti on . H av i ng ma d e some further remarks, e said —if his Lordship should h o ld th a t b y a d m i n i stering poison, h owever i gnorant, or without any unlawful inten- pee m , was an ill ega l act, he was not there to insult their Tfangs by any arguments, as he could not res i s t a ver di ct manslaughter —it was manslaughter. For, howe v e r innocent a person's intention may be, if by any unlawful set he caused the death of another person, then he was 'g u ilty of ma nslaughter. The learned Sergeant then pfo ticeeded to comment upon the evidence given by the girl, nting out the inconsistencies it contained, and asked the Jury il l Pity to the girl, not to believe her statements, for if iv) did speak the truth, she was unfit to live in any family, a e s r lime had, by that statement, admitted that she had had h lime aroused for three months, and yet had not taken itanY precautions to prevent the administering of it, but had heed'iZatittlYatass He then argued that the prisoner had no t quietness," which was so easily procsired, contained antimony'anif she had, she did not, PA hun :siltdreds of os did not, know that it was poison. In coin :l ing upon the other evidence in the case, he, particularly ud d to that given by the surgeons, desi gn ating it as 11_, 9ratorial display of long words, and Jaatin terms, some Z.nr.sthe former of which were not unde rs tood, and the latter eaPPlied. The learned Sergeant., in a most forcible and conciaddress, which occupied up; ards of an hour and a half this ended by saying —he had gone through the evidence in 7___o.aese, not at so very great, length, ,!?it ! been strength for thseirst to say el d .uilty but, he hoped, with that the prisoner had Z i 3seie v e er let. ii 9 f Il .aaslaughter, and that that would be e e l l e —P . thought that in doin that, from t of .., ives--- rom e . th e Pris e ° ,,,,. - ' ot - I the openness of the conduct f or is rep' .—and from the instrument that she had used, Was ,' . 41 Y did appear that, at the time, she thought she l 're s d c ring good rather than evil—that their consciences the tits_ ,be satisfied. If she did administer it, though at she ea might have thought that she was doinggood, and that 428 a. death, then she would be guilty of manslaughte t r. the Lordship then proceeded to sum up the whole case to th e t i : l e , r _Y) bY observing that their duty would be to look . a 1,44 left te tihnat had been proved, and see what conclusion their minds. The prisoner is accused of the_ IP4 dre irill rnntder of her husband, by the administration of a ate . % i f ,,t_hey should be of opinion that she had done so, then sh e s ue had done it with the intention of doing harm, at all the would be guilty of murder ; but if, after looking ele e i on. 'e f aCtB of the case, they should come to the con -11,,,_ that sile had done so without any intention of doing h e 'n, then s h e Would be guilty of only manslaugter. But right '"stlied it to be clearly understood that no woman had a aveth ° drug her husband, without his knowing of it— ,,e_olier is was for his good or harm. It was wholly itndenected with the duty of a wife and contrary to law. Th deeply lamented that such a system should prevail. The giv i a dose even to make him sick, was injuring his constitutingto tjul b ar, and thus hasten his death, and bring the wife the of this court. He then proceeded to recapitulate 14uteole of the evidence, which he did with great bee r , i lle es• It occupied his Lordship upwards of two ehoetiesoidne.enrittrdeeddinhgy over the evidence of the case, after whi c h repeating the points they would have to solo., is , and said that they must judge freely—judge at liiale." they must also Judge boldly. The jury retired th eir ; past twelve o'clock for the purpose of considering therdier,diet. At three o'clock they returned into court with eel'. ofulLaersLauorrTEß. His Llrdship, addressing taereilVen. r, said that the jury had taken a very that 811. ` v e leW of the srabject, at the same time observing th e e had bee,n found guilty of manslaughter. He i„ Il vent n went dr ae °- to reprobate the conduct of women in d iotall 11 ° -- sa system which was utterly reprehensible, an elsreeaYelyarienace with the feeling that ought to exist be fore ante • atid wife. He deferred passing sentence upon for e ~ ahe had consulted with his brother judge. Be th..es V h e inrY had quitted the court, his Lordship said he hoped li nt drug women in court would understand that they must N il og their husbands husbands, and also, that persons like M a r : sa a , l l 4°, er , who sold such drugs, were likewise guilty of m n 1,4 , • The prisoner was then removed. Nita LATE COLLISION CASE.—William Brewer and sseci,,a,in haw, the pilot and mate of the Excelsior steam he t tie r_, then surrendered themselves, and were plce(tt lae ra 4 e r , charged with having caused the death of Michael Isi air "e_on the 16th of ul last. Mr. Lamb . ert an . d w il e l re stestrigrneted the prosecuteon, and the prisoners ii In fact s the c- Case, the learned counsel detailed all the ,p 1,15„ ‘Olaflected vvith the case, which have alrealy been exa;tied., and then called the captain of the Mai. His tha4l4..ation having been taken, his Lordship intimated not t rio ease could be made against the mate, as he was thoc"T,Persou legally in authority on the vessel at the ste 4ti ur the accident. As the case could not be sub pilot. 44.,,ed against the mate none could stand against the Wel. herefore the Prosecution failed, and the prisoners ,Co4:e disehar ed: :h.,sisi,9,o)nrdelsughdedthecriminal business of the assizes. the G adjourned, having disposed of a civil action, mi.,. "' al l'• -Bar NISI PRIUS COURT. 0 11 5at,,.,, °ll Bramwell entered the court . at nine o'clock o _ G.Rtu'.4-laY morning, and proceeded with the case RAILWAYf CostpA„; vf°oll V. TRH EAST LANCASHIRE . that h01...,--Mr. Pickering, Q.C., for the plaintiff, stated Roods, andl' not Mean to claim the whole value of the the glance w°lll4 only go for a sum of about £l5O, being .2h31 accaunt between his client and Hodgin. alleged - 4, .11 1' %C., stated the case for the defence. He .Q. r ,..,.... a,,, a n agreement prevailed between Messrs. , ttt r , e w_ood n,,,a ',l Hodgin, of which he produ ced th t e co nsi P a deed, according to which, the forme!. were on conaZtin,ll goods they produced to the latter, for sale tbe tiain ,‘4l°ll. This agreement was in existence at addi. tio n, ;,'`,:le goods in question were consigned, and a n i delivery order"",lirged that Hodgin did actually receive had madelu reference to these very goods, and that he to the sPecific advances on them, by . cash and cheques plaintiff, am of about .200. The jury found for the .A.,0% aarnages .t 133. This-'IoN Poll, SEDuC riON. —HARD wiCKE V. SiinimiN.- 11 : Was an action brought by Ellen Hardwick, through tiri mother, Margaret Hardwick, against William Lorain, collector of taxes for Everton and West Derby , 1 1N o iri i _ re , c "er damages for s e d uc ti on . M r. S ergeant o "%-ins and M r . B rett, appeared for the plaintiff; Mr. !r " } . nd, Q.C., and Mr. Aspinall, f or th e d e f ence . :M r. 1 -`" oPened the pleadings. Mr. Sergeant Wilkins •-ia • ving observed that, after the nature of the case was toad. s r" -- lII Y apparent by th e p l ea di ngs, a large number of la,die still remained in court, rose and said, I don't pre aurae to be an authority in matters of taste my lord, but I should presume that this is a case which ladies Would not wish to hoar. His Lordship : I should imagine 8°- amon gt Mr.he Ser geant Wilkins (still per ce i v i ng no move 1 '1: Lordshi p : -a`•tes) : Let them do as th ey p l ease. His is a case of a No ; let it b e made fully understood that this chara cter one would suppose f ema l es would not desire to hear. The ladies then left the court. Mr. Sergeant Wilkins proceeded to state the case. He said : May it please your lordahi P—gentlemen of the jury, you have heard the character of this action from the short statement contained inter pleadings just opened, and if I can rely on what is laid before me in this paper—if lam Well instructed, this really is a-case of seduction, because, c;reat Pains were taken by according to my instructions , th the defendant to effect object, the consequ f Which you are asked to pay for to-day by your verdicti The plaintiff in this action is a widow woman, in ver y hu mble circu ms t ance s, now about th e age of 57. She is the mother of four daughters, the youngest s ubject o f t h is action. All the other three are m a r beigaried, the an d although not married to rich men, they are m arried to respec t able men, and the whole family, I believe, h ave h i therto ma i ntained a very respectable footing and PPearance in society. The daughter Ellen Hardwick, the subject of this action, is now, I should tell you, under 21 Years o f age ; and about five years ago, she was s in the servi ce at the ho use of a Mrs. Massey,, who keeps ° ld Sayan Inn, at Old Swan, a place, I have no doubt, a well known to ' you all. There, I believe, she acted as "t of armaid. The defendant at that time, I believe, visited, the house nearly every evening, and even . s o o . li, rl Y as that began to pay her marked atten . ti t o .r walicfrequently took her to I visit his own sis e, at t e d out with her, and do not know whether bO,, ho t early period ho used to talk of marriage, long' owever„he paid her very great attention, and so as she was there, I believe, his attentions were THE NORTHERN TIMES.---LIVERPOOL, MONDAY. characterised by respect on his part, and regard to the propriety of her feelings. She was there for about nine months, and from thence she went to a mi s t ress w ith whom he:had before lived, a Mrs. Denbigh, where she remained until December, 1854. During that time, I believe, the attentions of the defendant were prevented by various members of the girl's family, who, with some discernment, it appears, had a great objection to his approaches at that time, At the end of December, 1854, her mother was taken ill, very seriously ill, I believe § and she then felt herself bound, out of propel' respect and regard for her mother, to leave her place of service, and go home and do what she Could for her who had the greatest claim upon her attention and consideration. About a month after she had gone to live with her mother, she met the defendant, I believe, in the street, and he then renewed his attentions, and asked permission to call upon her. I believe that she did give her per mission, but nevertheless, when he had called, (as he did, repeatedly, before he saw her,) she was refused to him by her relatives ; but, unfortunately for her, at last he called upon her on one occasion s when her mother was out, and then he had an interview with her. He called repeatedly after that. Again he was refused, but, in order to get her out, he sent a message to her, stating that he wished her to come to a Mrs. Smith's, in London-road, for he had ascertained that a situation was open, of a very re spectable character, Which he thought would just suit her, and he wished her to call there, in order that he might give her instructions how to obtain the situation. However, when she got there, she found that it was a mere trick on his part, that he had no situation at all, and that all he wanted was to prevail upon her, if he could, to accompany him across the river to the Cheshire side. She had become fond of him and attached to him, and when that is the case I need not tell you, as men of the world, that women are much more easily persuaded than they would be under other circumstances, and accordingly she consented to go with him to the other side of the water, to Rock Ferry, where they passed the afternoon. He there talked very largely about the extent of his affec tion for her—he promised her marriage, and Said he pre ferred her to all other women he had ever seen. All this was preparatory to what was to follow. Still nothing improper took place; but in the month of March he sent a boy to her with a card, stating that a gentleman near the Exchange wished to see her, and gave such a descrip tion as left no doubt on her mind that he was the party who sent the message. I have now to call your attention to what took place. She acted in accordance with the request of the message, and they met. He went with her to his office. I believe he opened the door with a latch key, and as soon as they got inside he locked the door. He then began to take improper liberties with her, which she at first resisted, and, I believe, very stoutly resisted. However, the result was her ruin ; and after that, for some time, I believe, she did not see him—some short time at least. However, on this occasion, when he found that she was wretchedly unhappy, that she was weeping bitterly and upbraiding him with his conduct, he endeavoured to console her by assuring her ',that he never would have done so to her if he had not fully intended to make her his wife, and he repeated his promise to that effect. Again, in April, he sent for her, and prevailed upon her on one occasion to go to his lodgings, I need not enter into details. The intercourse was frequently repeated between them until —as is always the case where men are governed by lust, for lust is always selfish, always reckless of the consequences of its own conduct—a short after he became much less frequent in his visits and his attentions than he had been. How ever, on one occasion he invited her to go with him to the theatre. She went to the theatre with him, and at last he carried his infamy so far, as to ask her to g o with hi m t o a house which he described as the house of a friend. He took her to that house, which proved to'be in Houghton street, and there they went into a room. She made the remark on going in—" this place appears very much like a hotel." He replied—" Oh, yes, it is a hotel, and a very respectable one." There presently came in some female, with whom he appeared to be perfectly familiar, and she asked him to walk up stairs into what she called the draw ing-room. They went up stairs. It was, in point of fact, nothing else than a brothel, and the woman, I suppose, had been prepared to do her part in the proceedings which took place. There again he repeated his infamous conduct. You will perceive how he led her on from point to point. First he becomes acquainted with her five years since, He pays her marked but respectful attentions. He invites her to his sister's house. She goes to his sister's house. Then, after she leaves her place to go and attend upon her mother, he meets her in the street. She has by this time become consideraby older. He makes proposals to her to walk with him, and prevails upon her to go across the water. He repeatedly made her promises of marriage, and at last succeeded in ruining her. I will not say that he proceeded to such an extent of violence in accomplishing 'her ruin as to render him amenable to a criminal charge— but he ruined her, and then, by degrees, he proceeds from infamy to infamy until at last he takes her to a brothel, and degraded her in the manner I have described. That was the last place, I believe, where intercourse took place be tween them. I suppose it happened—as is always the case with such men as this—that when he had so degraded and disgraced her, that it became, according to the rule of society, even a disgrace to him to notice her, he became less and less frequent in his visits. However, you will find that when he called at the house, and she was denied to him, he even incited her to disobedience of her parents. He said to her, " How is it that, when I ask for you, I am always refused ?—you must be a party to the refusal." She said her mother had an objection to his visits. He said, " A girl at your time of life should not mind what her mother said to her." That was in effect to say to her, " You should rather obey your betrayer, your seducer, the cause of your ruin, than yield to the admonitions of her whom you ought 1 to respect, and whose precepts you are bound to obey." On one occasion after that she met him in London-road, and he himself discovered that she was pregnant. He said to her : " Are you in the family way ?" She said "Yes ;" and he asked her, " Does your mother know it ?" She said, " No —how am I to tell her—what am I to do ?" He said, " Never fear, all will be right." He then said that he was going to Paris to see the exhibition, and he asked her if she would go with him. Se said, " certainly not—l will not leave my own land and my own home—your conduct towards me has not been such as to justify me in placing so much trust in you." She asked him how long he would be away, and he said about a month. When he came back he did not call upon her, but, at the end of two months, she called upon him, and, I b e li eve , then he did so far open , his heart and his purse-strings as to give her half a sovereign, wherewith to buy baby's clothes. He never came near her afterwards, up to the time when the child was born—about the 16th of January. If I am well instructed, his conduct after that was of the most heartless, ruffianly description. She sent to him. She was reduced to that state of poverty and want, that she was obliged to send to him, and he appeared to treat her situation with the most perfect ridicule and contempt. She said to him— " See the position I am reduced to. I have not a bite to put in my mouth. My poor mother is not in a condition to give it to me. I am utterly destitute, and all I have is that glass of water you see at my bedside ; and I ask you, the cause of my sorrow, if you think that is the situation in which I ought to be placed ?" He treated her with con tempt and abuse, and said—" If you had only given me notice in due time of this, 1 could have got you out of the way, and nobody would have known of it, and I would have supported you and your child ; but, as it is, I will give you nothing." In point of fact, he did give her nothing. Oa one occasion, she was reduced so far that she was obliged to send to him to beg for 2s 6d to purchase bread, and he refused it. After that she said, what can I do? If your determination is not to give me any assistance, I cannot allow my child to starve, I will go before the magistrates and ask them to compel you to do that which your own sense of honour does not compel you to do." She did go before the magistrates, and she obtained an order of affiliation. This action is now brought by her mother for the loss she has sustained, according to the legal statement of the case the loss of her daughter's services. Thank God, you, gentlemen, are not confined to any such poor and niggardly standard in the estimation of your damages but you can compensate her for the misery which has been brought upon her by this man's conduct, and if I make out the case to your satisfaction, I apprehend you will conceive that I am entitled to ask such a verdict. Ellen Hardwick, plaintiff, sworn and examined : —I am the daughter of Margaret Hardwick ; she is a widow, and has four daughters • I am the youngest ; I was 19 years of age last October; I know Mr. William Shimmin; he is the tax-collector for Everton and West Derby; I first met him about five years ago, at Mrs. Massey's, at the Old Swan ; he began then to pay me attentions ; I afterwards went to Mrs. Denbigh's ; in December, 1854, I went to live with my mother; she was ill; I met Mr. Shemmin in the street, , and he asked my leave to come to my mother's house, to see me ; he afterwards came ; I saw him myself at the door ; I know Mrs. Smith ; she is his sister ; she keeps a public house in London-road ; he took me to see her, he afterwards told me that he would have nobody else but me; my mother approved of his coming to the house, but my sis ter did not. I received a message to go up to Mr. Smith's, he said that he h a d a s i tuation for me. I went and saw Mr Shimmin there. He had no situation for me. He then asked me to go over to Rock Ferry. I went with him. Nothing wrong then took place. I received a message to go over to his office. He sent a little boy for me to go to his office. I went to his office in Mount Vernon-street and saw him. It was to my mother's he sent the message. He was then alone. He locked the door. Had a child on the 16th January, 1856. Mr. Shimmin is the father of it. It was when I went to the office that he first had con nection with me. He raid then again that I did not care as much for bins as he did for me, and that he would have no the paho body b u t me. Th a t was i n Ma r ch, 1855. I n Ap r il I went to hi s l odgings at his request, and the same th i ng hap pened. I afte rwar d s wen t to the theatre with him. Afte r We lay with him i n to the house. I said it was he tel asked me to go to a friend's house. I lik e room. The s ' am aa e snd h came in and he k the sitting-room, e said it was one. A woman ; t e h d i o f g o r a w a i b n e e f . or S h h a e p p t o e n l d e d h . i m t a o g a s) u p o g-roorn. We went up,and I found it was abed mete Londonrad, and he asked me t I o him in go to the Paris Exhibition. was too strict ft swards refused to go. He said my mother about rue, and said that I was quite old enough to be my own . mistress, He asked me if way my mother did not. He said he w ou ld be a I I a w y a was it, then and I said she e o n nth in or th t e w f o a , m a i n l d y knew that when he came back he would call. He never called again. I went to him in October. I often wanted to see him and could not. I saw him then and said I wanted half a sovereign for clothes (childs.) lie ealled at two o'clock the next day and gaVe it. He said he would call in a week again but did not. I was delivered of a child on tho 16th of January 1856. He came to my room and said that if I had gone to him he would have sent me into the coun try, and nobody would have been the wiser. He walked about the room, and in a few minutes said that he should go, as there were some friends waiting for him. I said there is another friend waiting for you here, and you had better leave me some inoney. I told him that I had not a bit to put in my mouth, and that if he did not give me something I should die of starvation. He said he did not care whether I died or net. I afterwards sent to him for half-a-crown, and he refused to give it. He afterwards asked me to say how much money I would take to be rid of me, as he was about to get married, and did not want to be troubled with me. I refused, and summoned him before the magistrates. They made an order on him for 2s. ad. Cross-examined by Mr. Overend : My mother never told me that Mr. Charles Pemberton began the action before she knew it and against her consent. Mr. Shim , slin told her that Mr. Pemberton would put her into gaol. Mr. Shim— min was married a few month's ago to a young lady at West Derby. My mother earns her living by chafing and taking in plain sewing. My mother told me, that Shim min told her that Pemberton owed Lirti a spite for hating set the plaintiff on him. I was about sixteen years old when I was at the Old Swan. I was there about nine months. ItVas not turned away from it. I stopped with Mrs. Denbeigh about two years. I left her to take care of my mother. I was not dismissed. I was for a short time at the Quadrant Hotel in Lime-street. I was not turned away from there for drunkenness. I was not dis missed at all. I left of my own accord. Ido not know Brown the quack doctor, (Startup and Brown.) I was never in Houghton-street before being taken to the house there by Mr. Shimmin. Brown never paid me attention. Does not know Dock well, a jockey. Heard the name of Samuel Darling. I swear he never made love to m e . I wish you to send for these men. My master (Mr. Dyson) never accused me of light conduct. Ido khow Thomas Barry. He never paid me attention. [At this stage of the case Mr. Overead earnestly advised the defendant to consent to a verdict. The defendant long hesitated, and pressed the learned gentleman to put a question which the other considered most hazardous and objectionable.] After watching the consultation for some time his Lordship said :—I would advise your client to take your advice, Mr. 0 verend. I can guess what it is. AU those names suggested here are a sign of weakness in your case. Mr. Sergeant Wilkins : I wonder they do not ask the names of a whole regiment, pioneers and all. (Laughter.) Again he was earnestly pressed by his counsel, and the defendant reluctantly consented to a verdict being returned for the plaintiff for £5O. His Lordship : Your client does not appear satisfied, Mr. 0 verend ; perhaps he would rather go to the jury and pay £2OO or £3OO. Mr. Overend : Yes, my Lord, he is somewhat dissatisfied with me. The defendant then angrily rose, and was about to address the court, but was told to sit down by his Lordship. He nevertheless persisted, when his Lordship exclaimed : Hold your tongue, sir, or I will send you to prison. The defendant then prudently left the court. TRUSSON V. NORTH EASTERN RAILWAY COMPANY.— This was an action brought by the plaintiff to recover com pensation for injuries he sustained through the negligence of the defendants' servants while travelling on their railway. The defendants' paid £2O into court. Mr. Watson, Q.C., with Mr. Manesty, appeared for the plaintiff, and Mr. Attorney-General Knowles for the defendants. The plaintiff is a commercial traveller, living at Newcastle-upon-Tyne, and in the month of April, this year, was travelling in a second-class carriage on the company's line from Morpeth to Alnwick. When near the Whittington station a collision took place, but was happily not attended with loss of life. The plaintiff was much shaken, but was able to reach Berwick, whence he was taken to Newcastle. He was there visited by Mr. Raine, surgeon, on the part of the com pany, and by that gentleman the illness under which he was found to be suffering was pronounced to be scarlet fever. This was the subject of contention, the plaintiff contending that it was not scarlet fever, and that his illness had been produced by the collision ; the defendants, on the other hand, contending that it was scarlet fever, and that it was caused not by the collision but by contagion, previously acquired. Dr. Alexander, of Newcastle, was examined for the plaintiff ; and Mr. Long, one of the surgeons of the Liverpool infir mary, and Mr. Raine, surgeon of Newcastle, were examined in support of the defendants' case. The jaryreturned a verdict for the plaintiff £t3o, exclusive of the £2O paid into court, with costs. IMPORTANT TO TALLOW MERCHANTS AND BROKERS..— RICKETTS AND OTHERS V. JOHNSON AND OTHERS.—A special jury was empanelled in this case, which was an action to recover damages for breach of contract. Mr. Attorney-general Knowles, with Mr. Melluish, appeared for the plaintiffs, and Mr. Hill, C., with Mr. Blackburne, for the defendants. From the statement of the Attorney general, it appeared that on the 20th December, last year, Messrs. llotheia and Co.,brokers of Liverpool, made a contract with defendants, who are merchants, also of Liver pool, for the sale of a parcel of South American tallow; to arrive. It was to be taken from the quay at the landing weights at 655. the cwt., and to be of fair merchantable quality as a parcel. In the course of time it arrived in the American ship Lucy Ring, but, previous to her reaching Liverpool, a circumstance occurred which induced the defendants to refuse to fulfil their contract. It was this —When near Waterford, coming up the channel, the wool which she had on board (her cargo was a general one) took fire, and the captain accordingly put into that port, and there scuttled her. After the fire was extinguished she was raised, the water pumped out, and the ship brought to Liverpool. Tallow had fallen at this time to 45serr 47s per cwt. When she arrived, the brokers, Messrs Hadwin & Co., gave notice to the defendants of the fact, and informed them she was about to discharge in the George's dock, and requested them to receive the tallow, which would be landed in the morning. That was on the 23d of May, and on the same day the defendants wrote back, declining to receive the tallow on their contract, on the ground that it could not be delivered in merchantable quality after being under water. The brokers replied that the tallow was then being landed in good order and condition, and stated that unless it was received according to contract, it would be stored on their account and risk. The tallow was accordingly landed, but beforeit was completely warehoused the defendants were requested to attend and take samples in the presence of all parties interested. The defendants replied that it had already been sampled on the quay, and declined the pro posal. They also declined a proposal to have it sold without prejudice, and the plaintiffs declined to have it sold by auction on account of whom it might concern, on the ground that the large buyers did not attend such sales. Subse quently, Mr. Hadwin bought the parcel for Mr. Tyson, at 47s per cwt, the full pric r then ruling for good South American tallow, and it was the loss resulting on that sale, as compared with the contract price, that the present action was brought. At the contract price the net sum would be £6,458 14s 7d, and the balance between that sum and the actual sale was £1,865 is 3d, which was sought to be recovered. Mr. Lafoce, merchant, of Liverpool, to whom the tallow was consigned, and who was the real plaintiff in the action, was examined as to the condition of the parcel. He said that he had never seen a cargo of such magnitude better, if so good, as that by the Lucy Ring. Mr. Peter Higgin, of the firm of Isaac Hadwin and Co. deposed to the same fact. On cross-examination, as to the effects of submersion on tallow, he said that if the casks were under bilge water for some time, and that they got black from saturation, the tallow would be sold as good, but an extra allowance would be made for tare. He had had such cases. Mr. llberry, Mr. Winstanley, and Mr. Rich, of the landing department of the Customs, deposed that the casks when landed were in good condition. Mr. Isaac Hadwin, senior member of the firm of Hadwin and Co., deposed to the nature of the contract. He also deposed that the tallow, when landed in Liverpool, was in good and merchantable condition. Cross-examined by Mr. Hill, Q. C.: Bought the parcel afterwards for Mr. Tyson, but did not tell him that it had been under water. Did not think it necessary. Bought it for Mr. Tyson in the exercise of his best judgment, and having a commission from him generally to purchase. Tallow rose shortly afterwards. Mr. Tyson still holds the parcel. Mr. J. Beckwith, of the firm of John and Samuel Beckwith, Mr, Gordon, of the firm of James Gordon and Co., Mr. &lexander Rogers, of the firm of Rogers, Best and Co., and Mr. Benjamin Darbyshire, were also examined as to the condition of the tallow. They deposed that it was good, fair, merchantable tallow. This was the plaintiff's case. Mr. Hill, Q. C., in a brief address, opened the case for the defendants. I t lay in a nutshell, and was simply this — that the parcel had lost, from the submersion, its mercantile character, and had ceased to be of the class warranted by the contract. He argued that, though the tallow might not intrinsically have been injured in quality by the submersion, yet that its mercantile character was, and that the defendants were therefore justified in refusing it. His Lordship, at the close of the learned cousel's address, intimated that, even if that contention were made out, he thought the plaintiff ought to recover. Mr. Meagher, clerk of Mr. Williams, Lloyd's agent, and Ameri can consul at Waterford, deposed to having seen twenty-five or thirty of the tallow casks re-coopered there. Mr. James Cox, Mr. William Dixon, Mr. John Wilson, Mr. Lloyd Rayner, and Mr. Thomas Sill, deposed that tallow, after being submerged, could not be offered as a fair mercantile t a o r t h i c i l s e . fi r m Mr in . Jo his l n ab T s y e s n o c n e d e s e e d w a t s h a n t o t t h i e n t f a o l r l m o w e d w t a h s a sold to his firm in his absence. He was not informed that it was submerged tallow. He saw, before going away, samples of it, and suspected that it belonged to the Lucy Ring parcel. Knew of her cargo having been submerged. Offered 465. for it. as he was buying for a rise. The holders refused it at that. Told Mr. Hadwin that he might buy it when worth its price, and place it to their firm. Did not consider •it as saleable as tallow not submerged. Cross-examined by Mr. Attorney general Knowles : Did not find fault with his brokers for the purchase. Was quite satisfied with the operation. Tallow since rose £7 the ton. (Laughter.) Mr. Thomas Jeffreyes, Mr. John Patterson, Mr. William Lund, and Mr. Charles Colchester, of London, were also examined, and deposed that tallow submerged was not a mercantile arts de. The case had not concluded at the rising of the court at seven o'clock. PHILHARMONIC CONCERT The sixth subscription concert of the season took place on Friday evening. The strangers who, in addition to the society's usual band and chorus, were to have lent their aid were vocal only, vii., Signor and Madame Baucarde (the lady better known as Madame Albertini), and the ver4atile and gifted Madame Viardot Garcia. It is well known, however, " the best laid schemes of mice and men gang aft agee." The well intended Schern6 of the society was dooMed to be frustrated by the pettishness of an artiste—about the last thing such a society should suffer from. The following plain statement of facts, circulated in the hall, with a new programme, will explain matters :—" The Com mittee extremely regret to announce that, owing to the nod-arrival of some orchestral accompaniments, Madame Albertini and Signor Baucarde have declined to fulfil their engagements. Madame Viardot Garcia has most kindly consented to make such additions to the programme, as will, it is hopede corripensate for this unexpected disappointment. In cansequence of this circunas' ante, Money to ll be ret'mted to those persons desiring it, on application at the office, at the west end of the hall, this eveaing,—Committee-room, 22nd August, 1356." We knew not where rests the blame of the " non-arrival " (if blame there be), but we know that every effort was made by the officials to supply the loss; when the prema ture dudgeon of the imperious vocalists carried them beyond reason, and they absented themselves evidently without considering the just claims their patrons had upon them, or the doubtful success of such a mance avre on their professional reputation. The tenor and soprano having retired in a " miff," Mad. Garcia came at once to the rescue, and agreed to sing five times ; to make up the programme, an overture and madrigal were added, and a new bill of fare was pre sented, which we may say at once did great credit to the committee, and made, under the circumstances, a respectable concert. Madame Viardot Garcia, as a musician and a I great dramatic singer, has rarely been equall e d, but a n extraordinary range and fluency of voice (not pleasing in quality except in its contralto register) leads her to attempt too much, and we are compelled to say her singing of Mazurkas and Spanish flirting ballads were " more honoured in the breach than the observance." Madame Garcia sang first a series of roulades, by Graun, most elaborately com piled, and left the audience in surprise at her facility; the Erl King, of Schubert, followed, and it was a most masterly recitation, in every note spiritedly dramatic, and telling— the mysterious death story as genius only can tell it ; but the climax of her performances was in Bellini's Ale icon credea, proceeding to the finale Ah ! non giunge—the former was the perfection of pathos which yielded delight fully to her complete abandon of joy in the latter; it seemed an inspiration of happiness that might have been extempore, but that in the wirlwind of joy there was the true artist's under current of begotten calm, which served to guide, on sure principles, what seemed the result of impulse. Nothing could be more flattering than the hearty applause which followed each effort of this highly endowed lady. The con cert began with a Symphony, by Mendelssohn, in C minor (an early work, we believe), which was delivered by the band in a manner which is earning for it a high name in its " classical " performances. The band also gave the over tures " Egmont," " Maritana," and " Massanielo." Mr. Thomas was announced to play Ennst's beautiful "Elegy," but substituted a composition by some unknown individual, which was completely " squelched" in the finale by one of the accompanying cornets taking a wrong note with a flourish. The chorus sang several pieces " indifferent well," but got an encore in Pearsall's four-part song.—The next concert is announced for `2nd September, when Piccolomini, Belletti, Beneveutano, and Reichart, will sing. THE WEATHER, THE CROPS, AND THE MONEY MARKET. Public attention is now so much engrossed with the con sideration of the harvest that it predominates over almost every other topic in the great marts of public enterprise. Nor can this be surprising when we consider what distress, disaster, and ruin, have succeeded in the train of an unfavourable or a deficient harvest in this and other countries. Since we penned our observations last week, there has been almost a continued succession of wet and stormy weather ; and in some parts of the kingdom the rain has fallen iu torrents, accompanied by the most violent and tempestuous winds. We need scarcely remark, that such a change in the condition of the weather at a period when the harvest is just ready for the sickle, is calculated to produce considerable damage to the grain crops, and that the amount of such injury must depend upon the period of its duration. A variety of opinions, as there always will be en such a subject, is a❑tertained as to the extent of the injury lihel7 to be produced, and as to the future prospects of the weather. Without pretending to prophecy either rough or smooth things, sit may say that up to the hour we write, th..t it has not held out any very bright prospects of improvemen', though the atmosphere has cheerful, and the wind, though still essed a More vivifyi beeame somewhat more regards the prodde, influence, As almost of the soil, the 6piiiiong generally in favour of the belief that we shall on the whole possess a full average crop of wheat : and the only thing that now remains to create anxiety, is the influence which the weather is likely to exercise upen the quality of the produce. Up to the present time the injury is reported to have caused no serious alarm ; but the crops are affected more or less by the condition of the soil on which they are grown ; and in the northern counties every day that deprives the grain of the benefits to be derived from a genial son seems to create a degree of uneasiness in the public mind. This state of things has greatly unsettled the corn market in Mark-lane during the past week, and holders have, in some instances, demanded most extravagant prices : and reports of the most conflicting nature are circulated amongst the trade, as to the future prospects of the harvest. It is certain that the weather during the past week must moderate, in some degree, the sanguine expectations that were enter • tained a short time ego ; for we have heard of instances where blight and milduo have made their existence in a formidable manner within the last few days. The most prudent course, therefore, seems to be to avoid creating unnecessary alarm on the one hand] by indulging in gloomy forebodings, nor to presume too much on the other, so as to deprive ourselves of the full benefit of foreign assistance in case of need. On each market day at Mark-lane during the week, a rise has been established, which has brought the total advance up to yesterday up to about 6s or 7s per quarter for prime samples; and American flour advanced yesterday from 2s to 3s per barrel, or equal to about 4s to 6s per quarter of wheat. Such has been the practical effect of the weather upon the London market. The next important question connected with our corn market, at this critical period of the year, is the condition of the money market. To the present time the former has exercised only a very slight influence over the latter, and has amounted to no more than keeping the public funds in a state of suspension. There has been scarcely any demand for money in the stock market, and the banks and discount houses are well supplied for commercial purposes at rates slightly below the bank minimum. The fifth payment of 10 per cent. on the last loan becomes due on the 28th instant ; but this sum is too small to create the least inconvenience. So far, therefore, as the present state of things are calculated to influence the money market no uneasiness has been produced. It is only in the event of continued unfavourable weather that the money market will assume anything like instability, or increased stringency; in that case we shall of course have again to experience the old system of higher discounts —diminished credit —and a restricted currency, at the very time when an expansion would prove the greatest boon to the country. We have already shown that any anticipation that we shall retain in this country a large proportion of the immense arrivals of bullion, is highly delusive, so long as our monetary system does not permit the Bank of England to compete in the market for its purchase. Continental nations clearly understand this, and will exercise their continued skill to purchase the specie as it arrives upon our shores. What the effect of this system may produce, in the event of a heavy drain for bullion in payment of corn (which a con tinuance of wet weather will render imperative), has yet to be seen ' • but we have no hesitation in saying th a t, i n th e event of such a result taking place, that the consequences t o our commercial enterprise must be of the most serious nature, and our merchants must again experience that anomalous position of having to pay for augmented dis counts by merchandise sold at diminished prices. —Bankers' Circular. THE HARVEST W e are sorry to say that our advices of to-day give a discouraging account of the state of the weather in the Irish provinces. Harvest operations have been in many parts of the country totally suspended in consequence of heavy rains, and our accounts all agree in stating that the cereal crop; are, to some extent, damaged. We have per sonally seen fields very much injured ; but, as these were in peculiarly exposed situations, we may express a hope that their case is not so general as the fears of some persons lead them to anticipate. In Dublin yesterday a very constant and heavy rain descended, and to-day also, though the atmosphere is less heavy, the weather is singularly unpropitious for all manner of field work. We hope we shall not have to record more considerable injuries to the wheat and oat crops than we as yet hear of. In the country about Dublin, at the north side, the blight in the potato crop has made extraordinary progress during the last two or three days.—Dublin Evening Packet. Rain and cloud at present predominate, and unless a favourable change at once occurs, it is much to be feared that markets will soon resume their old figures. It is clear that a larger acreable growth was never known ; but that - which is known of the yield is less flattering; hopes of large produce scarcely a fortnight old are not realised. Barley is looking well in some places, but appears not to be general. Oats will be a fair crop. Mangel and turnips good ( just the weather for them). Second cut clover, heavy. Pease and beans abundant, particularly the former. Potatoes, a failure. Still, if the wheat crop could be garnered in good condition, a prosperous and happy winter for all classes would probably ensue.- 7 Brighlon Herald. We have heard several well authenticated cases of potato disease in this quarter. The tubers are not yet affected to any extent, and in those fields which are nearly ripe the loss will be but very trifling.—Forres Gazette. Our report of the weather this week must be confined to one item of accommodation—it is dry. Though threatening rain, none has fallen ; but the last two or three days have been gloomy and cold that fires have become general. A few instances of the potato blight have appeared in this neighbourhood, but not to any great extent. The same remark, we believe, applies to most of the northern districts. In all there will be cases of disease, but the general crop, according to present appearances, will be large and excellent. The early potatoes now in use at the table are uniformly of the best quality.—lnverness Courier. Harvest operations have been greatly impeded, and there is no doubt that to some extent the crops have sustained injury. The consequences, however, would have been more severe had the temperature been higher. There has also been a brisk wind, and this morning there is a fresh breeze blowing, which will dry the corn. Up to the present time there has not been much damage dono to the cereal crops, and pastures and turnips are improved by the rains.—Nottingham paper. The rain has of course retarded harvesting operations, but the crops themselves do not appear to have sustained injury. A continuance of wet weather could, however, hardly fail to be highly prejudicial to the cereals, although it may be serviceable to the green crops. —Cork. Examiner. FERNANDEZ v. CRAM, POWELL, AND CO TO THE EDITOR OP THE NORTHERN TIMES. Sir,—ln the report by the _Daily Post of this case in the County Court on Thursday last, I find it stated that the cashier said two and a half per cent. was all the commission received on the freight per the brig Mary. This having much the appearance of a lie on my part, and not wishing to remain under such an imputation, you will much oblige me by inserting this letter in your widely circulated paper. The facts of the case arc these, so far as I am concerned, (the further explanation will ba found in the day's papers) a debit note having been delivered at the office on behalf of the plaintiff for half the commission, on a much larger sum than the vessel actually made, I gave the same to our chartering clerk for correction, and, on the 17th of May, a person of the name of Zink called for payment ; he was offered what was considered the fair proportion, which he accepted, and gave me a receipt for the amount paid. I suppose it was during the conversation that then took place (for at no other time do I recollect an}') I am made to say, that two and a half per cent. was all we received. I have witnesses, who stood with us at the time, who are ready to prove that no such statement was made by me, but it will cot be necessary to trouble them, for out of Mr. Zink's own mouth I will convict him. Mr. M'Whirter, the owner of the vessel, called at eur office after the case was decided, and stated that this Mr. Zink informed him that I also said the reason why Mr. M Whirter was charged five per cent. commission was owing to the accommodation afforded him. N ow , will any one suppose it is reasonable that at the time I am said to have stated two and a half per cent. was all we received, I sh ou ld explain whfive charged ? That I did g i ve a reason is y truebu p t e n r ot ce u n p t On w th a e s grounds stated to Mr. M‘Whirter ; even admit'ing the truth of this statement, it fully proves the falsehood on the other side ; it was merely stated to give a darker colour to a trifling case, and to mako the matter more injurious. I may just add in explanation, that neither of the principals had any thing to do with the case, it being entirely in the hands of our chartering c lerk from first to last, in fact, th ey were ne i t h er o f t h em in town, one being away ill, and the other on his way from Bristol.—l am, sir, yours respectfully, WILLIAM TUROSSELL. POLICE COURT.-SATURDAY (BEFORE MR. R. GLADSTONE.) ROBBERY SY A HOUSEHOLDER.—John Murphy, dew scribed as a boarding-house keeper, residing in Denison. street, was brought up by officer:Patrick, of the detective force, on a charge of having robbed Jeffrey Morton, a clerk in the employment of Mr. Nichol', a shipping agent, carrying on business at 7, Bath-street. It appeared. that Mr. Nichol' sent the clerk to a ship, with papers, &c.,. to receive m one y. M orton s t a t e d t h at h e went to a ship in the river, accompanied by the prisoner, and about half-past four in the morning they came back. He received two twenty's and a five pound note, with four sovereigns. They went into Sharp's publichouse, at the corner of Dutton-street, where they had some coffee and a glass of rum each, and after that they went into a room where they had more rum. The witness went on to say, that the prisoner gave him some stupify , ing drug, for he became quite insensible and totally helpless, and although he saw the prisoner take £49 out of his pocket, the sum he got on board the ship, he was quite incapable of preventing him. Mr. Wybergh Why not ? Because I had not the power to do so, although I saw him plainly. He had drugged me at the time. He had ni money at that time, for I heard him tell the boatman who put us on shore that he had not a penny of money about him. Cross-examined by Mr. Dodd, who appeared for the prisoner : We left. the vessel between three and four in the morning, and came, from the rock in a small boat. I took half a pint of whiskey with me. Mr Dodd: How do you know he drugged you ? Because he carries a bottle with him to drug and stupify people. Mr. Dodd What was in the bottle ? W'itness : I don't .know. Mr. Dodd : Did you see it on this occasion ? Witness : I did not. Mr. Dodd: This is a very serious charge, and therefore you had better say nothing more about it now. When did you awake ? Witness : About or before ten o'clock. Mi. Dodd : Then you had a long sleep? Witness : Yes, had. Jane Richards, and Sarah Anne Sharp, two young ladies attending at Mr. Sharp's publichouse, were exam ined, an d proved that they sass the notes with Mortoni and corroborated the statement about the rum, the sleeping, and the going away of Murphy ; they also stated, that from the time the parties entered the room, until Murphy left, at six, nor from that to the time the prosecutor awoke, there was no other persons in the room. When. Morton awoke, he called out and said Murphy bad robbed him of his money. Mr. Dodd cross-examined the witnesses, but their evidence was not altered. Officer Patrick said, after a long hunt he found the prisoner in a publichouse, and on searching him, he got £33 in gold and 14s 3d in silver, in a new purse, and a new pair of boots, that the prisoner had just purchased. The prisoner was remanded to Wed , nesday. EMBEZZLEMENT BY A COLLECTOR.—A person of gentle.: manly appearance, apparently about 40 years of age; whose name was given as Hill Wilson Willis, late a col lector in the employment of Messrs. Harmood, Banner and Sons, North John-street, was brought up by detec tive officer Laycock, on a charge of having embezzled various sums of money, amounting in aa to £420, belonging to his employers. Mr. Dodd defended the prisoner. The following is a history of the case as made against the accused :—Mr. John Robert Walsh, a young gentleman who keeps the cash at Messrs. Banner's said from information which was furnished by the prisoner, he discovered that various sums of money, amounting to the ahove sum, bad been received by the prisoner and not accounted for. The prisoner was the collector belonging to the house, and was authorised to receive money. On the 23rd of April he received £l2 lOs froth Mr. Albert, and on the 14th July £l2 .5s from the same person. On the 4th July he got £2O from Mr. Thomag Gorman ' • on the:lsA £l7 lOs from Mr. W. W. Dorring.6 ton ; and on the 12thJue::; £57 15s from Mr. Samuel thane cases the prosectitiori Thornly, of Lord street. was founded, as he had not ret urne d I :2e amounts, nor 1 ' accounted for them. Other sums, maki ng u p .... 420, were discovered. The witness said the prisoner should ac.:2 l : ll t for his cash every evening, but latterly he became very irregular. His duty was to enter the amounts he received in the cash book himself, and then hand over the cash or account for it to witness. In reply to Mr. Dodd, the witness said he had not the prisoner's collecting book, nor did he know if the sums spoken of were entered in it or not, but there was no entry of them in the office cash book, where the prisoner should have entered the sums received by him. In reply to Mr. Gladstone, the witness said he did not discover the defalcations until the prisoner made some communication at the office, but witness was not present at the time. Mr. Samuel Thornly, and other witnesses, proved having paid the prisoner the sums mentioned, and Mr. Walsh proved that these sums were not entered in the cash book, nor had the prisoner returned the money, nor accounted for it to witness. Mr. Banner, jun., was called and examined at some length by Mr. Dodd, and from his evidence it appeared that the pricano.• and his father called at the house of witness and handed him a list, which he said contained all the sums which he had mis-appropriated, but he (the witness) feared it was not all. He would not hold any communication with the parties at his house, but told them to meet at the office, which they subsequently did. The prisoner then confessed all; and expressed peat contrition for *hit he had done ) and showed a desire to make amends; he offered to give up his house and Furniture, and to remain as a copying clerk in the office until all would be paid. 'Witness asked him if he had any friends who could assist him hi the affair ? and he said he had not. He asked him how. he could have acted so, and spent so much money ? and he replied that he lived extravagantly, and spent a great deal of money on his wife's friends, on the furniture of his house, and other things. On asking done with the sum of moneyreceived he by time ago, and did not account for)what he had replied h short he had paid a doctor's bill of £7, and had bought a gun for £9. He asked what on earth h e cou l d want with a gun and he replied he did not know. On considering the whole case, which was a very painful one, the firm came to the determination of prosecuting. In reply to Mr. Glad stone, Mr. Banner said he did not as yet know the real amount of defalcations. It was the prisoner who first confessed and gave the list of the amounts. Mr. Dodd made a feeling address on behalf of the prisoner, and said, from his conduct, and the desire he had shown to make all the reparation in his power, and from the half acceptance of the offer by Mr. Banner, when he asked if the prisoner had any friends to assist him, it became a question whether the prosecution would be carried on. Mr. Gladstone said the case in its present aspect was a serious one, and he would remand the prisoner for a week. Mr. Dodd had no objection to that course, and the prisoner was accordingly remanded. THE PALM OIL ROBBERY.—Robert Sutton, late in the employment of Messrs. HorstilPs, was brought up for final examination on a charge with having stolen a large quantity of palm oil, the property of his employers. The details of this case have been frequently published in our paper during the last five weeks. The only new feature presented in the case was this:—lt appeared that the prisoner, who sold the palm oil to Prescott, the soap maker at Douglas, " split" on that man, in order to save himself. Prescott was convicted at the present assizes of receiving the oil, and is now undergoing imprison ment, and it appeared that in his turn " preached'' on the prisoner by writinc , a letter to Inspe c t or K e h oe f rom the prison, in which he disclosed the whole transaction, and on Mr. Kehoe making enquiry, he found the state ment perfectly correct, and had it fully corroborated by several witnesses ; and this led to the arrest of the pri soner. On Saturday, Mr. Aspinall (attorney), appeared for the prosecution, and examined Prescott and several other witnesses, who fully established the case, and the prisoner was committed for trial. - A MAN OF MANY NAMES.—CATTOET Thompson, a - fellow who, according to the statement of the police, having exactly 72 aliases, was brought up on a charge of having st o l en a coa t, un d er the following circumstances :—lt appeared that this man of many names is known to the police as a " black bailer " that is, a fellow who makes it his peculiar business to plunder ships and emigrants, and that a day or two ago he came out of gaol, where he had been rusticating for the last three months, for having plundered some passen gers on board one of the royal mail American steamers. By one of these mystic proceedings, not even compre . hended by a detective policeman, it seemed that the prisoner managed to sleep on board t h e Khersonese in the river, on Friday night, when h e acted the gentleman to perfection. Of course, he wanted to go ashore next morning, like other gentlemen, when a v curious discovery was made on b oar d . Mr. Robert e ll y aybew, a passenger by the ship, had a very valuable co at, and co temporaneously with t h e departure of the 7aliases the coat disappeared . I t was a strange coi - ncidence, , no doubt, , philosoph y could only find it out. Mr. May hew 's ideas 'of recognition being unusually strong, he came to the coneliis'on that lie saw his garment, not under or across the arm of the 72nd gentleman, but actually on his back, and he had the temerity to enquire what was the meaning of it? Of course,. Mr. Thompson deemed the enquiry excessively impertinent, but was inclined to pardon it as a " good . joke." Mr. .Mayhew was in any humour but that of joking at . the time, and he communicated his feelings in that line, by laying - hold of Mr. Thompson by the neck, a liberty. which Mr. juncture, o d an n acquaintance eoze n s , a i t detectivewith the mano th c e o r f , Thompson instantly resented, by knocking M r . M ayhew down. At th c e lai m ca a ni n e y u n p a'm' a es n , d and this settled the dispute, in a period, known by anomally, as "no time." when brought before his Worship, Mr. Goodier appeared for the prisoner, and urged two pleas for an acquittal. The first was, that his client was " blind" drunk, and, therefore, could not see his mistake ; and the second was, that he was a madman, a lunatic, an idiot—anything in fact except a sensible individual. His action was the greatest proof cf insanity. Mr. Gladstone said the defence was very :ingenious, but it would not do. He would send the prisoner for trial but for the absence of the prosecutor, who was going to sea. However, he would send him to gaol for three months, with hard labour, and that would, probably, have a considerable effect on the "lunacy." Committed accordingly. TO THE EDITOR OF THE NORTHERN TIMES. Sir,—l%Luy of your readers, in common with myself, doubtless suffered a great disappointment in consequence of the non-appearance of Madame Albertini, and Signor Baucarde, at the concert, at the Philarmonic Hall, last evening. The thanks of the audience were certainly due to Madame Viardot Garcia, and these were freely expressed in the applause bestowed on this talented and obliging songstress. It is high time some steps should be taken, not only by the committee of management of the Philarmonic Society, but also by the directors of all musical s vieties throughout the kingdom, to ensure the fulfilment of engagements entered into by public performers of every class. The class to which Madame Albertini and Signor Baucarde belong, by being so much run after, and so highly remunerated, has become far too exacting and dictatorial ; and until a signal example is made of those who, either from pique, or indisposition to sing, refuse to fulfil their contracts, the British public will suffer frequent annoyance and disappointment. To obviate this, I think three methods might be successfully tried. The first is that the directors of all concerts, when engaging per formers, should demand a substantial money deposit from them as an earnest of their intention to fulfil their engage ment. The second is, if the first one is impracticable, let a regular legal contract be entered into, on which, if the contracting parties became restive, proceedings can be taken. The third is, should neither of the two proceedings be deemed expedient, to put a black mark against the parties so offending, that they may never be employed again on any pretence whatever. lam sure if this is done once or twice, the nuisance (for such a disappointment as last night was) will soon be remedied. If these remarks should be the means of insuring a certainty •of performance in all musical arrangements, a good end will be accomplished.— I am your obedient servant, SrEciFlc PERFORMANCE, Liverpool, August 23, 1856. CLAYTON HALL. By advertisement, to be found in another column, our readers will observe that arrangements have been made to re-open this place of amusement on Monday evening, September Ist. Amongst the engagements already entered into by the lesees, Messrs. Thomas and Chisholm, that of the "Brousil Family," we doubt not, will prove highly pleasing and attractive. In reference to these musical prodigies, wo quote the following from the Frankfort Conversationblatt : " THE BROUSIL FAMILY.—The members of this family form, as it were, a musical bouquet, composed of lovely children, whose appearance would suggest the idea of fairy executants. At the head of them is Bertha. This child, the only one who h as e njoyed systematic tuition, showed early a great liking for music, especially . for the violin, accompanied by ev id ent t a l en t f or the divm? art. When three and a half years' old, she heard of the sisters Milanollo, and requested her father (an employee of the Austrian Treasury) t o g i ve h er l essons on the violin. Towards this object she offered him a little deal violin, a plaything of her brother's, requesting him to string and tune it for her. From this time forth the violin was Bertha's most cherished companion, which she even took with her to bed. She practised diligently the scales, under the direction of her father, who had first to make himself acquainted with the fingering of the instrument, and by her unremitting application was enabled to play, at a musical academy at Nolzing, a polonaise of Carl Maria von Weber, accompanied by her older sister Antonie, on the piano, who to this day has had no master. Some time afterwards, since 1852, Bertha received lessons from Moriz Mildner, first Professor of the Conservatoire of Prague. Encouraged by her success, about a year ago, her little brothers and sister, Cecilia, Alois, Adolph, and Albin, respectively four and a half, five and a half, seven and eleven years old, began to learn upon their little instruments. The birthday of their father gave the two elder sisters the opportunity to surprise him with a , family concert, and they practised a little composition of Jansa with:this object. Cecilia, Bertha and Alois took the violin parts, and Adolph the viola, which, on account of its size, A n h a p d l a t y o e dp the a h y e - l v i i k o e l o a n c v e i n c a e n l l d o bete, Ant o w ni e e n k h e p i s t knees ; the whole together with the piano. This family pleasantrie gave professor Mildner the idea of presenting the little sestet to the public, at a concert given with his pupil Bertha, and he composed expressly for them some variations on Bohemian national airs, which they studied for three days previously. Their performance and reception exceeded all expectation; and the Princess of Thurn and Taxis induced the father of the little execu tants to go to Ischl, paying their travelling expenses. In Ischl they appeared before the Austrian court, and were much applauded. From Ischl they went to Salsburg, and appeared before Caroline, ex-Empress of Austria, who was particularly pleased with little Alois, and, fancying some resemblance between Mozart and him, called him her little ' Mozart.' Afterwards Brousil appeared with his family at Vienna, Pesth, Presburg, Brunn, Breslau, Berlin, and Dessau. Since last October, the family have undertaken a tour to Paris and London, having a governess to teach them on their travels the different languages and sciences. Bertha superintends their musical s`udies, and Antonio manages the household cares. Wherever the little family of prodigies have appeared, they have been received with the greatest enthusiasm." SALE OF SHIPS TO THE EDITOR OF THE NORTHER TIMES. SIN-- Having recently had a ship for sale here, I ad vertised her as usual, was soon after waited upon by a broker, who asked price, &c., which, of course, I told him. The next day he called again with another party, who made me an offer, and to whom at last I sold the vessel. The broker makes a claim on me of one per cent. for selling. I reply "No ; I advertised the ship myself, acting as my own broker, if others choose to employ you to assist them in buying, let them pay you. I cannot pay you for working for other parties, and, in fact, running down my price. If I require a broker to sell for me, it is for me to employ and pay one, but surely for me to have to pay a broker for working for another is unreasonable." I found, however, it was customary, and had to pay. I should feel obliged by your calling attention to this practice, as it is surely wrong in principle, and some alteration is necessary.—l am sir, your obedient servant, STRANGER. M ISS MARIAN, AMERICAN ENCHANTRESS, AT THE QUEEN'S HALL, BOLD STREET, ON MONDAY, SEPTEMBER IST,