The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1840-04-10 00:00:00

The jury found ter the ph:haler 1 clamegoe 400 lON, ThEOPA 2 B. - -OUITOHLEY 1(01 1 E 10.1 D OTHURS. Peter Critehley, of Go!bo rne , in this county, was the plain tiff; the defendants were Mr. Wm, Hope, sheriffs officer, and two of his followers, Martin and Richardson ; and the action was brought by the plaintiff to recover the value (about £8) of certain articles of household furniture, alleged to be his property, seized by the defendants under a distress wdr rant, directed against Thomas Critchley, the father of the Plaintiff, for a debt due by hi m to one M r . Ri g by. Thomas Critchley resided in a cottage, together with his wife, a daugh ter, and tw o sons, one of whom was the plaintiff. Evidence was called to show that, at the time of a prior distraint for rent on the goods of the father, Peter Critchley, the son, Came forward, and was permitted to buy them up at a valua tion of £5, and that, in addition to those articles, there had been se i zed by the defendants several others. It was also stated in evidence that the son was in very good employment in a factory, and that out of his earnings he assisted in sup- Porting his father and other members of the family. The f ather, it was said, had been out of employment for nearly two years. Mr. CRESSWELL, for the defence, contended that the transference (attempted to be proved by members of the fa mily) was nothing but a juggle, got up to cheat Mr. Rigby out of his claim, as. it was anticipated that an execution would be brought against the father by him. The jury found for the plaintiff; damages £5 4s. CROWN CO URT. u - - 7 EDNESD AY. (Before Mr. Justice CoLgnIDGE.) His Lordship took his scat at nine o'clock. QUEEN V. SCTT. Samuel S co tt was indicted for a seditious conspiracy, un lawful assemblage, seditious speeches, and unlawful posses sion of arms, at Manchester. Mr. Sergeant ATCHERLEY (the attorney-general for the county) Mr. KNOWLES, and Mr. WILSON. for the prosecu tion; Mr. MURPHY for the defence. Boothby, an inspector of the Manchester police, stated that on the 23rd July last, he attended an op en a i r mee ti ng at Hul me . S aw Samuel Scott there. Attended another meeting on the 25th, at which also was Samuel Scott. On the 26th, attended a meeting of a similar character, at which, also Scott, was present. Much inflammatory language was used at both meetings. William Robinson, a clerk in the police office, stated that he attended the meeting on the 23rd July, and made notes of some of the sayings cf the speak ers . A d e l egate from London said the Woburn family were the worst enemies of the people ; one half of their property belonged to the poor, and they must have it back again. One of the speakers ad vised the multitude to arm themselves. Two or three shots were fired on the outskirts of the crowd. Notice was given of two or three other meetings. Thomas Pickering a police-officer of Manchester, had been called at the commencement of the trial, but did not answer. He caused some delay. On his arrival the Judge asked him why he had not answered at first. He said, he lodged with his brother at Edge-hill, and did not know it was so late. His Lordship fined him forty shillings. This had the effect of making the poor fellow very melancholy, and it was not without difficulty he could be made to speak loud enough to be heard: He deposed that he Saw Scott at the two meetings above alluded to, and he carried a flag on which were some letters. He knew Scott, and overheard hire say to a person who stood near him, that he would blow the police to the devil. James M`Donnell deposed to having been present at the Meeting of the 25th, at which Scott was. Persons named Smith and Doule addressed the meeting. They used much violent language in speaking of the national debt, and of the enormous expense of kings and queens. They said all who were in favour of the charter should be armed against the 12 12 th of A ugust. H e sa i d physical f orce was t h e on l y mo d e getting rid of such abuses. Other witnesses gave testimony generally to the violent ;tint inflammatory language used at the meetings at which the defendant was present. 4th rehibald M'Mullen went to the prisoner's house on the August, between five and six o'clock in the evening. ,eott descended the stairs without his coat. Witness asked VII if a man had not lodged there, and left something behind Zu. This witness said to him being aspanxiou to get up stairs. , i! l 'tber officer said, " Yes, he has left air of pistols." he Prisoner said, " I'll be damned if any one shall go up "I:lestairs without a search warrant." He was seized upon, n he struggled fiercely to get free, and called to the peo f,,ei outside to break the door open and come—now was the .1 1 ,:!e or never. An officer named Wovenden went up stairs. t ree leade n bullets .and some percussion caps were found in twendefendant's pocket. On the floor up stairs were found ern ball cartridges, and some tins for, melting lead. The b a "Zu was so great outside, that they took him out at the d oor,' through another house. He still called to the ;n o b , B t ea and resisted to the utmost. The mob pelted them with 1, 0% ,e5, and they were compelled at last to take refuge in the Wovenden, who went up stairs.in the prisoner's tri2 stated that he found about seventy or eighty ball car etit "s , quantity of powder and bullets, a quantity of paper, on P for making cartridges, and a card with a memorandum h e 7 1 . Boothby found a gun in the . clock.case. Scott said Ive re ad , Purchased it on the preceding Friday. His hands re s tained with powder. Mr. Beswick proved that he had he c i f f .iv e d 68 ball-cartridges (produced), 168 leaden bullets, p er ...a Pound of gunpowder, and a fowling-piece, also some ' 4B lOO caps, and tins in which lead had been melted. Vi n e . card produced was a ticket of the Manchester. Political ro u e fon, and a list of what was termed " The. visiting bad 4 1 . b era committee." evict's LORDSHIP, in putting the case to nth jury, said the th e en ee of conspiracy was very slight, as ough he was at spe ,_neetings, it did not appear that he was a leader or a i llid as ,er, and there was a great difference between. the leaders 1 -ine led, and between the misleaders arid the misled. i ng :te jury found theprisoner guilty of attending illegal meet ted Land.of having unlawful possession of arms, but acquit -7,'.1r0 of conspiracy. a nd Ll i e ATTORNEY -GENERAL moved that he be committed, " lie was taken into custody. OF CHARTISTS UNDER RECOGNIZANCES. 4114ne ATTORNEY-GENERAL ordered the following defen -11 ts and 'prisoners ta be called and placed at the bar :- 14 ornas Hart William Tillman, William Simpson, James Th e n ll er, Benjamin Fitton, Joseph Stowell, John Durham, 13„", 4 2,As Bird, Richard Walker,. Thomas Swires, William "' n ebi, Ed% d Coar, Richard Rankin, Thomas Rawson, and John _ u var Q ljue ATTORN EY-GENERA L hoped his lordship and the pub e'es- would not think he was abandoning his duty in taking the P heci already taken place, he hoped, would be sufficient exam ror the future preservation of the public peace. The lead -1,-,4 of th e multitude had already been there convicted, and it Iv a b s not the wish of her Majesty's government that those His had been guided by them should be hardly dealt with. learned friends who defended the prisoners had intimated tr Oul that the prisoners had expressed such a degree of con eon for their offences as would warrant him in treating :la with leniency, in the hope that they would not offend t a e ln • Therefore, if they pleaded, guilty, be would suffer -41 to go a t large on their own recognizances, that they s 'y ti °4l . l appear and receive judgment if called upon, and two I,leties that they should keep the peace for two years. r he prisoners all leaded truilty though some of them did t s l o wit h aPparen't relu p ctance, 'and w ' ith the qualification that l eY did not admit that they had behaved as alleged in the eprcl against them. However, they acceded, under the ad- I t of counsel. "is LORDSHIP said it was his opinion that the Attorney theneral had acted very properly and with great leniency. He i"ciuglit that by some of the prisoners it had been received a b prope r spirit. These prosecutions had been instituted J e rvernment—not because the government was wounded -t b ecause these persons had opposed them—hut because 1 1 ,,, ,r as their duty to protect the sacred rights of property and p -rs "al security. They had a sacred duty to perform in t i r i :teetin g the rights of property and the personal security of Peaceably disposed of the realm. The Attorney fatlike,ral had but one object, that of selecting the leaders, and efr nig such an example of them as would have a wholesome ect in future. They were to understand that the Attorney se,.ll,eral prayed him now to abstain from judgment so long 4 4 - ",ey behaved well. They would be allowed to go at large Pen their own recognizances of £lOO each and would be re iclaired to give two securities of £25 each that they would tI7 P the peace for two years. If they behaved improperly in vo 's Manner in future, it they broke their recognizances, they fe d be brought up again to receive judgment. e everal of the prisoners immediately gave bail , and were ` s ulissed. " 8 Stowell, who could not give bail at the last ,‘, sizes, and has been in prison seven months, in want of bail, 43 allo we d by the `e Attorney- to go free on his own , ' ceo gnizances. QUEEN V. WARDEN AND LLOYD. ti c , °l4 Warden and George Lloyd were charged with sedi. 4 4 4 conspiracy and riot at Great Bolton, on the 12th August t. o ,, c uunsel for the prosecution as before. The defendants, of whom (Warden) was a member of the Convention, 1 0 - , fended themselves. Warden is a rather tall and common d;;;_uig man, tolerably well dressed ; Lloyd made a great gh -11.4 Y as he stood up taking notes. He had on anew white hill, with the collar open a-la-Byron, and a blue coat with irght brass buttons, thrown far open at the breast, so as to N Yi 5 ,. 11 ,,. 1 :Y his chest and shirt bosom. Warden desired that the bses should go out of court. rederiek Baker stated, that in August last be was a po k.ce-officer at Bolton. A placard was posted up by the Ogistrates, warning the people against any assemblage on inc onsiderable 1 2th of August last. On that day the people assembled Th e numbers, and business . was entirely stopped. th": constables assembled to be in readiness to disperse were ,People, who in the evening paraded through the streets , 11 1 hands of music. On sawmg of the 12th August, W itness six o'clock, witness Lloyd addressing the mob. the read some notes of inflammatory language used by ~!me defendant Lloyd, which notes he had made soon after the tot, for the purpose of impressing the sayings on his memory. Pe her e sa id, i n reply to a quest i on f rom counsel, that he ..' 44, 1 been for a considerable time accus t ome d to report f or ne wspapers. He detailed some sayin gs o f a se di t i ous ten galley uttered by Warden. Several of the parties who walked in the procession had bludgeons. Great terror was cr eated, and the police were hooted. Warden and Lloyd W ere both taken into custody, but 'Warden was rescued by the crowd and recaptured. The mob were very violent. Warden, in cross-examining Baker, asked him if lie were ' w are that the language he had just read, as uttered by him ( 2/1 the 12th of August, was a literal transcript of language at tributed to him by the Bolton Chronicle. The witne ss replied that he was not aware of that. On cross-examination by Lloyd, Mr. Baker was asked to raention some of the newspapers for which he had been a re !torter. He replied, for the Morning Herald. 'When asked 'bat were the nature of the subjects which he reported, he i . 44 id, general intelligence. He was regularly employed as a l e purter upon the Morning Herald, though an agent. The "efendant put his questions very loudly and pompously. He ' 4 ' B8- examined at tedious length, and to but little purpose. 5... „ Baker, on re-examination, said, after the prisoners we re under arrest, some in the crowd called out—" Now a , us, to our pikes." fed eter Staton, reporter to the Bolton Chronicle, corrobo ern,tbe testimony of the last witness. He said he saw the hea rd in the Market-place on the 12th of August, and he fo r the defendant Warden tell them to fall in, and " march °l' the second grand moral demonstration." Pr• Saddler, of the Stockport police, proved that he found - ter in the hand-writing of Lloyd in the house of Thomp %lllll, a gunmaker, of Birmingham. This letter, which was oared by Lloyd, and contained his addreskin full, was an Th e r for goods of Thompson's manufacture. " He informed . th em np , son that he could, in a few hours, sell hundreds of , if he had them. wirne of the questions put by Lloyd in cross-exnfining a ei a lleB s was as follows—" Did you observe anystriking defi of l 'eY in the smattering of females perceptible in the streets holton on that occasion ?" Warden held in his hand a written copy of his speech. Oc t:1%4)11411Y, when at a loss referrin.. to and reading from this, 4 e.,ddressed the jury at great len.th The greqter portion • e h, "le defendant's speech was an essay on the principles of $4 1 4 ( . 11641 . lie quoted Shakespeare frequently, and Cowper in the course of bis address. b e nc h Loansrrig referred to some portions of the evidence th, le n, came out on cross-examination, which showed that th e defendants had endeavoured to appease the mob when t ea. ? . showed a disposition to violence. He put it to the m a d e sergeant whether some arrangement could not be t ' i zaaw es so as to set the prisoners at liberty under recog- ATTORNEY-GENERAL after a brief conversation ac iat,a`u, but the prisoners refused to ,plead guilty or to enter u r eeognizances for their future good behaviour. tli e addressed the jury. He told a very moving; tale of t ar 'istresses whiCh he had suffered subsequently to his cap pr e durin g the alleged riot. He said his wife had had a haevlature accouchment from the fright occasioned by his r at I wg been apprehended. One of his children, when he t ared, he said he had found had gone mad, and it died in his arms. Hs had to beg from his neighbours for money to puruhaspF coffin. The defendants called a witness to prove that on the day when they were concerned in the movements of the people there was no rioting, and but little difference in the appear ance and business of the town. They observed that they had witnesses to character. His lordship told the defend ants that there was no impeachment of their characters. Mr. Sergeant ATCHERLEY addressed the jury in reply, commenting briefly upon the strong language used by the defendants on the 12th of August, and exhorting the jury to consider the objects of the defendants in being out on that day, and using such language. He remarked upon the cir cumstance of a placard having been issued by the authorities of Bolton, directing peace and good order to be kept on the 12th August, and also on the letter found in the possession of the gun-maker. The JUDGE summed up the evidence very minutely, and The JURY, after a short consultation in the box, acquitted the defendants. His LORDSHIP addressed the defendants, and said that what had passed to-day in the court would, at all events, convince them that in a court of law they were dealt with fairly; and without reference to party politics. James Wheeler was called up. He pleaded guilty to a se ditious conspiracy, &c., at Manchester, and was enlarged on entering into recognizances as the others had done. The Court adjourned at seven o'clock. NISI PRIUS COURT.-WEDNESDAY. MORRIS V. PERRY. This was an action to recover the value of a bill of ex change for £69, alleged to have been drawn by Messrs. Wil hams and Thomas, on Mr. Thomas Perry, the defendant, in favour of the plaintiff, Mr. James Morris. The plaintiff, it appeared, is the owner of a colliery at Upholland, having in Liverpool, an agent named Mr. George Fowler, and tne de fendant is a bricklayer in this town, having, it is said, some connection with Messrs. Williams and Thomas, who are in the coal trade. Mr. Alexander and Mr. Cowling for the plaintiff and Mr. Cresswell and Mr. Watson for the defendant. Mr. ALEXANDER having stated the case, called Mr. G. Fowler, who was examined by Mr. Cowling. He said—l manage Mr. Morris's coal yard in Liverpool. 1 know the firm of Williams, Thomas, and Co. I have supplied them with coal and slack. About October last they owed Mr. Morris upwards of £l7O. I saw one of the partners about the debt, but could not get the money. , About the 20th of October, 1 saw Mr. Williams and Thomas. Au arrangement was made that they should give me their bill on Mr. Perry, for £6O. On the 23d I saw Mr. Thomas at our office. He brought a blank bill stamp, filled it up and gave it to me. I copied it into my book, and desired him to call on Perry, the acceptor. I afterwards went to Mr. Williams, and asked for the bill ; he said that he had sent it to Mr. Perry, who had not returned it.. I called upon Mr. Perry, and he said that he had returned the bill. On going again to Mr. Williams, he again said that Mr. Perry had not returned it." [The wit ness testified to some ineffectual endeavours on his part to obtain possession, of the bill.] I afterwards called upon Mr. Perry, who said that he himself would pay the bill to Mr. Morris. He fixed the 7th of January for payment. I called on the 7th of January ; but he said he had been disappointed of some money, and that he would pay the bill on the 14th. On the 14th he said that he had been disappointed again, and fixed the 21st for payment. On the 21st he said that Wil liams and Thomas had been to say that he was not to pay me. It was then appointed that I should meet them the day afterwards, and I met them accordingly at Mr. Perry's office. Neither of them attended. Two or three other times were fixed for meeting. We met on the 28th. Mr. Perry, Mr. Thomas, Mr. Williams, and Mr. Perry's clerk were there. Mr. Perry said to Williams and Thomas, "As to the bill, that is out of the question ; you know I tore itup before your face," (meaning Williams and Thomas.) He said to them again, " What objection had you that I must not pay the bill? Did you not owe the money ?" " Yes, and more," they said, or a great deal more," Williams said that his ob jection was that they owed other people money. Mr. Perry said that he would consult his attorneys, Messrs. Leigh and Sanders. I said I was glad that he had such respectable at torneys, and that I should be glad to leave it to them,,and to Mr. Leigh, the attorney for Mr. Morris. The witness pro duced his bill-book, in which was the entry of the bill he deposed to having received from Mr. Thomas to copy. The entry showed that the bill had been drawn on the 23d of October, by Messrs. Williams and Thomas, that the acceptor as Mr. Perry, that the amount was £6O. payable at three mouths, to the plaintiff or his order. Cross-examined by.,Mr. CRESSWELL.—Mr. Perry had told me before that he had refused to receipt the bill, because the debt due by him to Williams and Thomas would not be, by the custom of the trade, payable before the bill became due. He said that it was 0f..n0 consequence to him to whom he paid the money, provided Williams and Thomas gave him leave. He also said that if they would consent, he would pay the bill to me. I will not swear that he did not say, moreover, that he. would not pay Williams and Thomas, in order that we might have every satisfaction if there had been any fraud on us. He said something to that effect. He said he saw plainly how . it was, and that he would not pay any one but us. He said that several times. Ido not know how long it is since I swore that he said that he would pay us, if Williams and Thomas would consent. He said that if we would settle among ourselves, he would then pay the money. Williams , lmPliloMas brought an action against Mr. Perry for it. WilirAns and Thomas owe altogether to the plaintiff £l7O. They have owed that since October. I have brought no action to ,recover the debt. I would nut bring an action ,because.they - have given up their establish ments and gone into listlgings. I think they could pay if they would. lam afraid, however, that I should lose my money if I brought an action. They might go to gaol per haps. I would not draw a bill upon them, because I would not have been satisfied with their acceptance. I would ra ther have better security. I should not like to have their draft unaccepted. I did not refuse to take the bill without an acceptance. I told them it would negotiate much better If it were accepted. Mr. ALEXANDER. — That is my case. Mr. CuEsswELL.,—What is the case?. _ The JUDGE.—The case for the bill on the record. Mr. CRESSWELL:—But fbr what value ? They did not even pay for thh'stairip, and was never accepted by Perry. The JUDGE.—T%at is for die jury to say, on the evidence. Mr. CRES§NELL, for the defence, then addressed the jury, and, after designating the action as a most absurd one, stated that the bill had never been accepted, and, as the plaintiff had never paid for the stamp, the bill was only worth the paper on which it was written. The value could scarcely amouut to a farthing ; but, lest the jury should g ive that far thing, and throw the costs .of the case on the defendant, which were very. heavy, he should call Mr. Thomas, who would prove that he'himself had drawn the bill, and that Mr. Perry had always refused to accept it. The plaintiff, there fore, tho' he had his right of action against Williams and Thomas, had none against . .the present defendant. He, however, had been sued because the plaintiff.knew that Wil liams and Thomas were not solvent, and they wished to ex tract this sum from Mr. Perry. John Thomas was then called. ' He stated that he drew the bill, and purchased and paid for the bill stamp. The bill never went out of his hand till he deliveredit to Perry. He never offered it to Fowler. He told Fowler that if Perry would accept it he might:have it. Mr. Perry said, on being applied to, that he would not ,aocept a bill for his father. He did not accept it. He (withess) would take upon himself to swear that Fowler did not copy fhebill into his bill-book, in his (witness's) presence. He had not brought an action against Mr. Perry. Mr. Williams had done so. They (Williams and Thomas) had never been in partnership to gether, except in regard to a small coal-yard in Grafton street, and that had been given up. lit 'was not in partner ship with Mr.' Williams in October. According to the best of his recollection, the bill was made payable to himself, and it was not endorsed. Mr. ALEXANDER, in reply, said that he had heard nothing to convince him that there was not a proper claim on the de fendant, unless, indeed, the witness Fowler was to be con victed of perjury, and Thomas to be believed. He submit ted that in deciding.between the two, the preference should be given to Fowler, inasmuch as his story was the more pro bable one, and was supported by the production of a written book. The Jury retired to consider their verdict at ten minutes past three, and returned into court at ten minutes to five, when they gave in a verdict for the defendant. Two or three other cases were disposed of, but they were of no general interest. CROWN COURT-Y ESTERDAY. THE MURDER.CASE. Mr. Justice COLERIDGE took his seat on the bench at nine o'clock, and the two unfortunate men, who had last week been condemned to suffer the last penalty of the law, were placed at the bar. They both appeared to be much agitated and distressed in mind. His LORDSHIP addressing the prisoners by name said—You are brought up here again after the awful sentence which has been passed upon you in con sequence of an omission of mine when I was passing that sen tence ; and I have now to state in addition that, after death, your bodies are to be buried within the precincts of the gaol in which you will be confined. Costello, since you were last before me I have had occasion to consider your case, and there are circumstances connected with it which give me great hopes that mercy may be extended towards you, and that your life may be spared; but you must prepare yourself for the next severest punishment of the law ; and I sincerely hope that you will be grateful for this extension of mercy—not to me, but to the law which is considerate of all cases in which its rigours can be relaxed. If I were sure that you have occupied yourself since the awful time when you were warned to prepare for dissolution, I should feel the greater hope that you will never forget the awful situation in which you have been placed. Towards the close of this ad dress Costello appeared to rally a little from the agony of mind by which he was overcome even to tears, and at its close retired from the bar. The other, and more unfortunate prisoner, a large stout man, stood as if stupified, or in ex pectation of some ray of mercy in his own behalf; but his Lordship ceased to speak, and the prisoner, warned and partly assisted by the officers, walked slowly and falteringly from the bar, apparently in such a state of mind that pre cluded a perfect conception of the awful fate that awaited him. CHARTIST RIOTS ("continued). Mr. Sergeant ATCHERLEY, addressing his Lordship, said that he had, since he left the court on the previous day, been endeavouring, so far as was consistent with public justice, to abbreviate the remaining trials in which he was engaged as prosecutor, and he had hopes of attaining his object by his lenity to the greater portion of the prisoners yet in custody, on condition of their acknowledging their offences. Henry Green, Thomas Brown, Thomas Morris, James Doodson, and William Bullow, were then placed at the bar, and on being arraigned respectively pl ea d e d gu ilty to a charge of riot at Bolton, and, after an i mpress i ve address, were discharged on their own recognizances. Joseph Galley, and Jeremiah Doodson, were indicted for a seditious conspiracy and riot at Hindley, and both pleaded guilty. Mr. lATILKINs stated in behalf of D oo d son , t h a t h e h a d already suffered six months' imprisonment. The ATTORNEY-GENERAL said that he should, on that account be contented that he should be discharged on his own recognizances. The other prisoner was required to find two sureties in £2O each, before he was discharged. The JUDGE said that the defendants ought to feel grateful for the lenity shown to them. These prosecutions were not instituted by private individuals, otherwise in all probability no such chance would have been theirs. The government prosecuted, and the government was not vindictive, though it was obliged to secure the properties and the lives of peaceable subjects. He hoped they would go home with a proper sense of their offence, and not again be guilty of breaches of the peace. He hoped, above all things that they would no longer entertain the foolish notion that uneducated persons such as they were, alter the laws and government of the country. Such objects were beyond their reach, and the attempt would only end in their own discomfiture and punish ment. The prisoners were discharged ott their own re cognizances. His Lordship addressed the other prisoners before named in a similar manner. John Deigan, for an unlawful assembly, and seditious speeches, at Castletown, then pleaded guilty, and was bound over in his own recognizances in the sum of £lOO. He stated, in reply to his lordship, that he was a bookseller. He was impressively admonished by his lordship. Nathaniel Green was required, in addition to his own re cognizances, to find two sureties in £25 each. A young man, named Walter Scott, was then brought for ward, and created some risibility in the court from his name and blunt appearance. Walter, however, showed himself to be no " magician." He scarcely appeared to be sensible of the limits held out to him, and reluctantly promised, after declaring himself to be a " chartist," to conduct himself bet terin future. He had been found in a riotous assembly with stones in his pocket. His lordship strongly cautioned the prisoner, and he was required to find two sureties - in £25 each, before being discharged. Charles Morris stood indicted for a riot at Little Bolton. Sergeant ATCRVtLEY said that there was a great riot in August ; stones were thrown, damage was done to the Town hall, and the prisoner was active, and was seen destroying part of the furniture in the Town hall. This trial was of a nature similar to that which preceded it, but of minor interest. After the examination of a few witnesses, the prisoner was found guilty. Daniel Ball was indicted for riot at the same place, and attacking a person named Henderson, on the same day. The case was proved, and the prisoner, who had been out on bail, was placeti in custody. Robert Ball, brother of the last prisoner, was then brought forward, arms having been found in his house. lie expressed his gratitude to the Attorney-General for his lenity in offering to liberate him on finding sureties. His lordship addressed the prisoner in a very impressive manner on discharging him. Peter Mundy was indicted for a riot and attack upon Henderson, a constable, of Bolton. The Attorney-General pressed for punishment in this case, the prisoner having been one of the ringleaders. The prisoner showed great contrition, and prayed to be liberated, as he had an old father to main tain. His master, a master-tailor, gave him a good character. William Willoughby next appeared, Mr. Wilkins pleaded guilty. The ATTORNEY-GENERAL said that pistols, powder, and balls were found upon him ; but he had no proof that he had previously been a chartist ; and was willing to believe that he might have been led away. John Wild, George Johnson, and William Alain then appeared to a charge of conspiracy and tumultuous assem bling, and endeavouring to excite the people to arise against the government, &c., at Ashton-under-Lyne. . . . • • Altkin sharply cross-questioned the p'rincipal witnesses. Wilde and Johnson also cross-questioned. It did not appear from the evidence that there had been any serious disturbance at all, connected with politics, in the place. The Attorney- General for the county, and Mr. Knowles and Mr. Brandt were for the prosecution. The case occupied a considerable time, but was not of peculiar interest Mr. Philips, a re porter, said he was present at the meeting at Ashton, and saw a cap of liberty, a band of music, and a carriage. He read a report of a large portion of the speeches delivered on the occasion. It appeared by this that Wilde had called the ministry a set of cowardly fellows, and called upon them to act as well as speak. Johnson also spoke strongly against the government, and moved a vote of confidence in the con vention. It appeared that there were cheers and firing of pistols at the stronger sentences of the speakers, and at the close of their respective speeches. One of the speakers called upon the people to arm, and some more pistols being fired, lie added, that they hoped the day would soon come when these weapons would be directed to the proper quarter. The same speaker made a ludicrous allusion to the fate of peti tions from the people presented to•the House of Commons. The members presenting them were not allowed to say any thing, and they (the petitions) were received with yawning, coughing, and other discordant sounds, including the crowi ng of a cock! The petitions were, as the phrase went literally, " bagged." A member recently asked the speaker, " Pray, Sir, how many petitions have you bagged to-night ?" and the reply was, " I have bagged 20 brace." (Laughter in the court.) The witness was cross-questioned by the defendants at some length, but nothing material was elicited. This closed the case for the prosecution, and it being past one o'clock, the jury were permitted to retire for a short time. Several placards were then read by the clerk of the crown. One of these was a notice from the magistrates to the effect that illegal asemblies had been held in the night, and warning all persons to abstain from attending such meetings on pain of being proceeded against by law. Several proclamations from the government of a similar tenor were also read. Mr. Aitken addressed the jury in his own behalf. He felt the difficulty of his position in defending himself against the combined efforts of the Attorney-General and the learned gentlemen who were with him ; particularly as all the educa tion he had received, was gained by himself after hard work in a cotton-mill. He went on to say that, so far from desir ing to destroy property or injure any of his fellow-beings, he had saved the life of a policeman, amd had to the utmost of his means assisted the poor people in distress in his local ity. He enquired why he was selected as a victim for prose cution when greater delinquents than he had been allowed to escape ? It was well known that an individual high in the confidence of the present government had uttered language far more violent than he, and why did the government des cend from an olympus to a mole-hill. He could answer the question. It was because they could not, by any means de spoil him of the twenty-six joints to his tail. He then went on, in a bold and rather eloquent strain to contend for the liberty of the subject, both in thought and in speech. Lord John Russell himself, when he lately visited this town had said, that the people had a right to meet land discuss their grievances. But when they did meet to discuss them, they were guilty of riot, and disturbance ; if they spoke at such meetings, they were seditious ; and if they carried arms for their protection, they were guilty of con spiracy forsooth. True, indiscreet speeches might be made, and in these he might have taken part in the heat of discus sion ; but his language was not more violent, or less consti tutional, than persons of a higher class. He drew a strong picture of the distresses of the people, particularly in the manufacturing disticts. These were the consequences of misgovernment, and the persecution of himself and others for endeavouring to bring about such changes as would remove these disgraceful and growing evils. The rights he espoused were the inalienable rights of 'every British subject. The pistols were fired, indiscreetly by boys, and disapproved of by him. His sole intention was to ameliorate the condition of his fellow-beings in his own neighbourhood, and, in con clusion, he trusted the jury would consider his motives, and be guided thereby in deciding upon the case before them. Wilde, also an energetic speaker, then spoke at considera ble length. He complained that they had not a fair trial, the depositions not having been given them, so as to enable them to prepare their defence. Mention had been made of moon light meetings ; but it was omitted to be stated no such meetings ever were held within the parish of Ashton, and it was not even stated that any of the defendants were present at the places where they occurred. Even magistrates were present at the meeting. And did they say that the meeting was illegal and the law violated? No such thing. Had they said so there would not have been a soul in the market place in ten minutes. On the contrary, they remained part and parcel of that meeting until it broke up. Not even the constable had given them the slightest intimation that there was any illegality in the meeting, and he was therefore as guilty as they. He might add that he did not believe that they were prosecuted at the instance of the magistrates. The main question was—was the meeting legal. He contended that it was. The object was to obtain universal suffrage —a national right which every man ought to enjoy. The defend ant here read a number of extracts from several celebrated ancient authors, in support of his position. He denied that he or those with them sought such rights by physical force. He was charged with endeavouring to excite the people to violence. This he denied. Indeed, he believed that those who resorted to violence were themselves. It was not his speeches that had excited the people. It was to be traced to other causes. It was but recently that a poor-law commis sioner said in the House of Commons, that the working-men had Gs. a week, and that that was quite sufficient for such people, though he admitted that he himself, independent of his salary, had 20s. a day for his travelling expenses. Such expressions mind such things as these were the real causes of the popular discontent. He had, moreover, ever considered that the law should he equally administered ; and if it were so, Daniel O'Connell would himself be before the court as a defendant. Jackson, a local preacher, then spoke. He said that he knew they were not prosecuted for their attendance at the meeting, but because their names afterwards appeared to a report of that meeting. He contended that the meeting was legal ; but if it were otherwise, they were not so well ac quainted with the law as those before them ; and if they differed in many points of law, surely great allowances ought to be made for them if they made a mistake. He went on to avow his radical principles, and contended that no charge of conspiracy could be made out against them from the evidence. There had been no riot in Ashton since the movement began. He complained of the case being brought forward twelve months after the meeting took place. The evidence did not show that business was interrupted on that occasion, or any one was in the slightest degree hurt, nor did the magistrates counsel them on the illegality of their conduct. He trusted, that as they were pure and innocent, so far as motives went; and pure, so far as action went on that occasion, the jury wOuld return a verdict in their behalf. His LORDSHIP, previous to summing up, congratulated the jury that this was the last of these cases of riotous assem bly, the consideration of which had occupied their attention so long and so painfully. Such of them as had been released would, he trust, not be again found contravening the law ; but he feared that, in others, in which it would be necessary to inflict punishment, the parties were too firmly attached to peculiar opinions, to have much hope that a change would thereby be wrought in their minds. His lordship then summed up the evidence. The motives of the defendants might have been good, and the question was, was the meet ing a legal one ; and he did think, looking to the language of 111`Dowell, counselling force to effect a change in the consti tution of the country , that the .ineeting was not legal. His lordship then urged upon them all the points that might pos sibly advantage the defendants. He reminded them that the constable had stated, in cross-examination, that there were present several master cotton-spinners. It had also been said that magistrates were present, but if so, their conduct should not be taken into their consideration, as their abstain ing to act might have been from apprehension of the greatness of the meeting. The defendants however, might have thought their legal•attendance stamped the meeting with a degree of legality. The jury then retired. The convicted chartists were then brought up to receive sentence. The whole were placed in the dock together, but, as their offences were of various grades, they were, with few exceptions separately addressed. His LORDSHIP first addressed the four parties who were tried on Monday last, natnelyL W. Butterworth, W. Vickers Jackson, William Richardson, and James Bronterre O'Brien. lie spoke nearly as follows :—You are now to receive the sen tence of the law, having been convicted of a seditious con spiracy, and unlawfully assembling, and of having, by sediti ous speeches exciting the people to provide themselves with arms, and to use such arms so as to effect a change in the government and institutions of this country. Although you stand the first amongst a great many who have been convicted of or have pleaded guilty to similar offences, and some of the others were of a most serious character, the case with reference to two of you in particular, is one which derives considerable aggravation, for, being leaders of no in considerable influence, a great deal of the misery and suffer ing of parties and their families, which had been the result of chartist agitation, had its origin, and may be justly attributed to the course those of you to whom I allude, have so long pursued. In considering the respective cases before me, I find different degrees of responsibility, and though where parties are implicated in illegal assemblies, all are equally guilty in law, I shall apportion different degrees of punish ment. Many, so far as the hand goes, were greater actual aggressors than you, but they are less responsible, inasmuch as they instigated by those who guided that hand ,and whose moral guilt was therefore greater. I do not intend to reason with you as to the opinions you have embraced in politics. That is beyond my province, even were it possible, was desirable to effect a change in your mind. These opinions may be theoretically right, or they may be wrong. That evils do exist, and it may be great evils, and great distress amongst portions of the community, is no doubt true, and deeply to be regretted ; and it is the duty of every man 'to lend his abilities and his means to redress and alleviate them ; but these endeavours must be kept within the limits of the law. All I have to look to is the breach of the law, and to consider what should be the punishment which would be adequate to vindicate the law. At the first meeting on the 23d of April all of you (named) were present, and used violent and inflammatory language. But on minutely examining the evidence, I found a consider able difference in the delinquency of the respective parties, and though the law considered all equally amenable, I have meted out the punishment of each with a regard to their re spective conduct. The case of you, Richardson, stands in the most favourable position. I cannot, however, but ex press may regret that a person of such standing and respecta bility in life should have been led to say, that the savings' banks were instituted only for the purpose of enabling the government to exercise its tyranny over the people. No thing could be more preposterous. If he (Richardson) believes this to be true, he was indeed deluded; and if he knew it not to be true, he is assuredly very guilty. You also used an expression with regard to the police which was altogether unjustifiable. Is it, I would ask, right or proper to excite popular odium against a body of men, honestly, and usefully, though perhaps in some few instances over-zealously, preserving the peace and the property of the community, and that too, not on their own responsibility, but under the direction and control of others ? is it right, I would ask any man of correct feeling, to rouse large bodies of the people against such men without the slightest cause, and to denounce them as a bloody, base, and assassin po lice. I have stated, however, that taking all the eircum stances into account, your case requires the smallest amount of ppunishment, Here Mr. Richardson expressed a wish, before sentence was pronounced, to hand in some papers, with reference to a complaint under which he laboured, with a view to some alteration or alleviation of his sentence. He wished that a fine should be imposed, so that he might be released. The Learned JU DGE said, he was aware of the fact alluded to; that his complaint was one which could, he thought, be as well dealt with in the gaol to which he could be consigned as elsewhere ; but that, if it was found not fitting, some al teration might be made. He then said :—The sentence of the court is, that, for the offence you have committed Lyon be imprisoned in her Majesty's gaol of Lancaster Castle for the space of nine months, at the expiration of which, he should become bound, himself in £lOO, and two sureties in £5O each, to keep the peace for three years ; and be further .imprisoned until the said sureties shall be found. William Butterworth was next placed in front. His Lord ship, in addressing him, by mistake imputed to him some language employed by another chartist. The prisoner re spectfully disclaimed the imputation ; and his Lordship, immediately on recurring to his voluminous notes, said to the prisoner :—You are quite right as to the Scotch being armed, and ready with their blue bonnets to come over the border. That was uttered by another party. The language you used was that the people should arm themselves with guns, pikes, &c. The sentence of the Court was that he should be imprisoned for nine months in Lancaster Castle. Jackson was then brought forward, and the JUDGE said to him :—You have been found guilty on two charges, and it is a matter of deep regret that you, a person having a chapel or meeting-room as a minister of our holy religion, should have used language more likely to proceed fro,n a follower of the camp from his infancy, than a mes senger of peace. You counselled the people, if a police man came, to give him a pike, and that if he asked for a gun, they should give him the contents. You also expressed your regret, when the mob tore the palisades from a church in Birmingham, that they were " dissuaded from using them against the brutal and bloody policemen of London." I trust you have in your meeting-room used language very different from this. The sentence of the court is, that you be imprisoned 18 months in Lancaster Castle; that you find three sureties, yourself in £2OO, and two sureties in £l5O each, to keep the peace for three years ; and that you be further imprisoned until these securities are found. Mr. O'Brien was then called to the front of the bar, and addressing his Lordship, claiming an arrest of judgment, on the grifund, it appeared from replies by him to questions of the Judge, that he had been betrayed by the attorney of the parties, who was employed for two of the parties tried with him. Two witnesses whom he expected would have been called for those parties, were not called, and they could have disproved the report of the meeting upon which he had been convicted. The JUDGE.—I cannot deal with this now. You con ducted your own case, and if any witnesses were present to have availed you, you might have called them. You have shewn no cause for arrest of judgment. Should anything transpire shewing that you have been precluded from the fair means of defending yourself, that may form a ground of application hereafter in the proper quarter. Mr. O'Brien said that he cared not for the punishment that might be inflicted upon him. All that he regarded was his character; and he wished that his lordship, in place of consigning him to prison in this country, would grant him the favour of banishing him for life. He well knew that, himself being imprisoned, his family would be left destitute upon the country, as it would be beyond his power to assist them. The JUDGE.-Mr. O'Brien, you know very well that I cannot accede to your request, and that it would be improper if I could. You have been going round the country exciting the people to revolt and violence. Here Mr. O'Brien interrupted the Judge, by saying —that such meetings he viewed latterly with disgust ; that he had not attended them from any wish of his own, but in compli ance with the earnest entreaties of others. As God was his judge, he had never advised any body of men to arm themselves against the law. And he must add that he, single-handed, had gone up to London to arrest the grand holyday, which, had it taken place, would, he believed, have deluged the country with blood, and involved a vast de struction of property. He was the only man who could have averted such a calamity ; for not even the government could. He considered it therefore atrocious, that, having saved blood shed and rapine, he should be brought there, and surreptiti ously found guilty of the offence imputed ,o him. I n a ll us i on t o the reporter's statement, that he had just come from Chow bent, Leigh, &c., and that he had there found all the people armed—it was as false as hell. He knew not a single indi vidual in Chowbent, and but two in the other place. The JUDGE said that the matter , uttered was irrelevant. Mr. O'Brien was a man of great ability and of great ac quirements, and it was to be lamented that he had not turned them to better account. He had himself said, he had within a short period addressed two millions of persons,and whatever he had advanced as to the legality of other meetings at which hehad been present, the particular one for his attendance at which he was now convicted, was found to be of an illegal character. his Lordship then recapitulated some of the violent and exciting language used by the prisoner. He then sentenced the prisoner to be imprisoned in Lancaster Castle for 18 calendar months ; at the expiration of which to find sureties, himself in £5OO, and two sureties in £l5O each. The prisoner requested of his lordship that, if he had the power, he should banish him for life. The Learned JUDGE said that he had no power to do so. The prisoner then hoped that his lordship would order the indulgence of pen, ink, and paper in the gaol. His LORDSHIP said that similar applications had before been made to him, and that his reply now, as then, was, that he could not interfere with the internal regulations of the gaols. The subject might, however, be made a matter of application by prisoner to the Secretary of State., THE REMAINING SENTENCES. We regret that we have not room to insert the feeling and appropriate addressss of his Lordship to the remaining chart ist prisoners whe were successively placed before him to re ceive sentence. We must content ourselves with a summary of each. William Vickers Jackson, before sentenced for one offence, received an additional sentence of six months for the second offence. John Kaye, for conspiracy and illegal assembly, 6 months. in Lancaster Castle, and find sureties afterwards for three oears himself and £2OO, and two in' £5O for-three years. Christopher Doyle.—Six months in the. House of Correc tion at Preston, and sureties for three years, himselfin £3OO, and two sureties in £lOO each. Christopher Smith, who had threatened to slaughter any policeman, &c.-18 months at Preston, with sureties for 3 years, himself in £5OO, and two sureties of £lOO each. William Baker, on whom was found a dagger, 18 months, at Kirkdale, and hard labour. Davidson, 6 months, and hard labour. Samuel Scott, 8 months at Kirkdale, with sureties after wards. Charles Morris, one year, with sureties afterwards of £lOO, and two of £2O. Daniel Ball.—Eighteen months in Kirkdale, and sureties Peter Murdoch, 6 months in Kirkdale. Wm. Willoughby, 3 months and hard labour. The jury, after half nn hour's deliberation, returned a ver dict of guilty against Aitken, Wilde, and Johnson. Sentence was deferred until to-morrow (this day.) Aitkin was, at his own request to the Judge, liberated on finding one surety in £5O to appear to receive sentence. THE MILITARY OUTRAGE AT WIGAN. Henry Sydney Plunkett, Henry Cash, and John Bergen, appeared before the court, charged by indictment with having, on the 11th March, at Wigan, assaulted one Henry Farn worth, a sheriff's officer, whilst in the discharge of his duty. Mr. DENMAN opened the pleadings. Mr. BRANDT stated the case, which he said he lamented he had to lay before them. A writ had been issued against Mr. Adolphus Frazer, an officer of the 96th foot, at the suit of a person named Stubbs. It was entrusted to a person named Farnworth, and he proceeded to Wigan, and made en quiry for Mr. Frazer. A female showed him a person whom she believed to be him, and he went up to him and said to him, " How do you do sir ? " And after a little while, not wishing to expose the party he took him for, he informed him that he had a writ against him. On hearing this, the individual addressed, and who was not Mr. Frazer but Mr. Edward Sidney Plunkett, commonly called the Hon. Sidney Plunkett, remarked, " Oh, it's that Lancaster business," thus misleading the officer, and personating the individual whom it was the object to apprehend. He afterwards found that he was not the man. Mr. Frazer was afterwards taken, but was rescued by the defendants and others. The subse quent conduct of the defendants was highly reprehensible, as will be found by the evidence : Henry Farnworth sworn—l am a sheriff's officer. I re ceived a warrant against Mr. Adolphus Frazer, and executed it on the 11th March. I went to the Three Crowns. I saw a gentleman in a shoemaker's shop whom I understood to be Mr. Frazer. I said, " How do you do, Mr. Frazer."—" He said, " Very well." After a short time, I asked him to go to the door. When he came out I told him I had an execution against him. I told him 1 did not wish Ito ex pose him, and asked him to go into the Three Crowns, which he did. I there showed him the writ. (The writ issued at the instance of James Skerritt Stubbs, for a debt of 451.35. Od., and costs £lO. ls. 5d.) I recommended him to settle it, as no one knew of it but himself and Lae. He said he would not, and would be obliged to go to Lancaster. I sent for two friends, Swarbrick and Lamb. Mr. Plunkett lay down on the table. He answered me several times when I addressed him as Mr. Frazer. He attempted to escape. He became turbulent. I heard 1 had got the wrong man, and went to the door to ascertain from some one if it was so. Wm. Strickland came, and he (defendant) hid his face with his handkerchief. He was addressed by the defendant Cash, who addressed him as Frazer. The landlady wished to light the gas, but Plunkett laid hold of the suspendor, and pre vented her. Mr. Burgoyne came and called him a monkey for striking his wife. Cash was then in the room. He said he could not allow such names to be applied to his friends, and lifted up his stick to strike him, but a policeman pre. vented him. Mr. Plunkett then sent Cash to the barracks for his top coat. When it was near six o'clock, I told Mr. Plunkett to prepare for the train, and he said " You've got the wrong man." I said " I am sorry for that," and 1 then sent for Strickland. I saw Mr. Frazer at twenty minutes to seven ; he was coining down Standish-street, and was nearly opposite the Three Crowns. I took him into cus tody and into the same room where Plunkett and Cash were. I told Mr. Plunkett I bad detained him for a long time. I said I am sorry for having detained you so long, but its all your own fault, for you've deceived me all the afternoon. Mr. Plunkett said I should be made to pay for that : he would have a new waistcoat. Plunkett took off his top coat and gave it to Fraxer, and said he'd send for Frazer 's top coat. I w'shed Frazer to settle it then. Mr. Bennett and Mr. Pendergast, Mr. Lamb, Mr. Swarbick and two police officers were then present. Pendergast went to a corner of the room and beckoned to Mr. Frazer. They were shortly afterwards joined by Mr. Bennett and Mr. Cash. A mes sage then came to the door, to the effect that Mr. Cash was wanted. Mr. Frazer ordered glasses of brandy. In about three minutes from thirty to forty soldiers came in making a noise, and crying " where is he? where is he ?" I ran to the corner of the room to Frazer, and said to him. " Now, if you are a gentleman, you will not attempt to escape, (said the witness.) Mr. Plunkett, got hold of my coat, and endeavoured to release my hand. The soldiers got on the table and broke it. I still held Mr. Frazer, and was dragged across the room with him. His coat tore, and he got away. The soldiers called out—" We've got him, we've got him." They went out, leaving Smith, Whittle, of the police, Mr. Plunkett, and myself. Some of the soldiers afterwards returned. Whittle ordered them away ; but they did not go. When Mr. Plunkett told them a second time they went. I went to the barracks, and was refused admittance. I went again with Mr. Whittle, and was told the officers in command was not there. I asked for the next, and saw Mr. Cash. 1 asked for Frazer to be given up, or the debt and costs paid. Pendergast and Bennett were there, and one said, I'd better be ricking my body out, or I should come to some harm. Cross-examined by Mr. MURPHY. —Burgoyne was sober when he spoke to Mr. Plunkett. The conduct of Bur goyne to Plunkett was civil until the latter insulted his wife. Burgoyne called him a monkey and a puppy for insulting his wife. Burgoyne addressed him us Frazer, thinking it was him. He said he would have him himself soon, for a debt for b reakin g a gig lent to him. Plunkett had pulled down the bell rope. Mr. Cash appeared to walk lame at the time. He carried a very thick stick. Persons at the barrack ga te might have seen F razer (Plun kett) and me, but could not tell it was an arrest. I did not lay my hand upon his shoulder, nor did I serve the writ in the street. Three minutes elapsed from the time Cash left the house and the coming of the soldiers. The officers pre sent in the room while the soldiers were there, were Mr. Plunkett and Mr. Frazer. I swear it was Mr. Cash, and not Mr. Pendergast, who said " I am no lawyer." By Mr. WILKINS.—Mr. Plunkett was in my custody from half-past four to seven o'clock. Before going to the Three Crowns I had seen Mr. Fouracre, but did not speak to him. Burgoyne said, between five and six o'clock, referring to Plunkett, " That's Fraser ; I know him." He made several attempts to open the window, but I thought that was in fun. He twice attempted to get out at the door. Handcuffs were produced by me at a few minutes past five. Mrs. Burgoyne said to Mr. Plunkett, ":you're no gentleman, to lie on the table, when there were chairs in the room." Mr. Burgoyne said to Plunkett, " I"Il fight you a duel with either swords or pistols ;" but that was - Nclien Plunkett was standing in - a fighting position. Plunkett said, " Bring pistols for two, and coffee for one, and I'll take the coffee." Re-examined.—Mr. Plunkett never behaved well from the first time he went into the inn. He was very rough, and struck me several times on the breast with his fist. It was for that reason that I showed the handcuffs. He held out his hands at one time to get them on, and I then said, " No, I should be very sorry. Mr. Plunkett kicked Mrs. Bur goyne with his foot or knee. After Fouracre told me I had got the wrong man, Plunkett said, " I am Adolphus Frazer, and what of that?" Mrs. Burgoyne, of the Three Crowns said :—I remember Mr. Plunkett as Mr. Frazer. He was addressed as Frazer, and did not object to the name. I saw Mr. Plunkett hit Mr. Farnworth on the breast, in the lobby. Farnworth called my husband, and asked him if that was Mr. Frazer, and he said yes. Plunkett then said yes, yes, I know lam Adolphus Frazer. I w en t t o li g h t t h e gas in ie room. Mr. Plunkett took hold of the pendant to prevent me. He had a handkerchief to his face, and I touched it slightly to make him desist. He then kicked me in the stomach with his knee. He called me many bad names. My husband came, and I told him ; and he called Mr. Plunkett a puppy. Cash said, " You'll pro vo k e my friend to strike you, " and he lifted his stick to strike my husband. My husband then took up the poker. We thought all along it was Mr. Frazer. Mr. Frazer was afterwards brought in. Glasses of brandy and water were ordered for the company. Mr. Cash went out past me. He was out about three to five minutes. The soldiers came. Some had sticks. They cried, " Where is he ?" They were going to take the poker, but were pre vented. Cross-examined by Mr. Murphy.—My husband had been to bed, and got up at two o'clock, He was neither drunk nor sober. He had drunk about a shilling's worth of whiskey. There was a gig of my husband's lent to Mr. Frazer, and it was broken. My husband wanted £27 for the damage done to the gig and harness, or rather for the value of the gig. £ll was recovered for the damage only. Cross-examined by Mr. WILKINs.—My husband had not been out of bed that day till ten o'clock. He is not drunk every day in the week. Mr. Barlow, shoemaker, said that if it was Frazer it was not Augustus Frazer, but might be a brother of his. He also said that the boots ordered by him were booked to Adolphus Frazer. My husband called him a d—d puppy, for abusing me. I might have said, - you are no gentleman to lie on the table. Thomas Lamb, auctioneer.—Was at the Three Crowns. Several persons were there, including Mr. Plunkett. The soldiers came with a tremendous rush. A police-officer, named Heath, jumped out of the window, and I followed him. Mr. Plunkett afterwards said to Farnworth, in the lobby, " You are wrong, and I'll make you pay for it." Re-examined.—At that time the landlord was sent for, when he said it was Adolphus Frazer, he said scornfully, " I am Adolphus Frazer.' John Smith, a police-officer, was standing at the entrance of the door while Plunkett was there. Mr. Cash came, and said there was a friend of his within, and he wanted to see him. He passed in. Witness saw Mr. Plunkett kick Mrs. Burgoyne with his knee. Mr. Burgoyne came in and called Plunkett a monkey and a puppy. Cash was about to strike the landlord ; but witness went between them and pre vented a blow. I heard the officer whispering. Some person, apparently an officer's servant, knocked at the door, and Mr. Cash went out. In a few minutes the soldiers came, some of them with sticks, and one with what appeared to be a poker. The soldiers pulled Frazer away, while Plunkett held Farnworth with both hands round the waist. Mr. M`Neilly, a magistrate, and Mr. Whittle, constable, came, and ordered the soldiers away, but they refused. Mr. Plunkett afterwards said something to them, and they at last went. Cross-examined by Mr. Wilkins.—Plunkett might have put his hands round Farnworth to protect him. Re-examined.—Mr. Plunkett neither gave nod nor wink to prevent the soldiers from acting as they did. When Mr. Plunkett kicked Mrs. Burgoyne, he was standing up, not lying on the tabie. William Heath, apolice-officer, said I was subpoenaed by the defendants' attorney. I was sent to' the barracks to ask for the commanding officer, to request him to come over to the inn to see if it was Mr. 'Frazer. I went, and on the stair was overtaken by Mr. Cash,'who asked me what I was doing there, and if I was a ro bb er . I to ld him the com manding officer had sent for me. He told the sergeant to keep me down, and not stir another step. I went down and a servant came to me, and said the 'commanding officer was not in. I told him he must be in, for he had sent for me. Cross-examined by Mr. MURPHY.—I had desired the sergeant to inquire if the commanding officer was in, and he returned, saying he was. Cross-examined by Mr. WILKINe.Mrs. Burgoyne had said to Mr. Plunkett that he wastvery mannerly. He said, " Very mannerly," and she said, " I . res,- , . , as much manners as a pig." I never heard Mr. Plunkett :Balled Frazer, and Farnworth said, under these circumstances he could not let him go. Mr. Farnworth asked him, "Is your name Fra zer, or is it not ?" and he said, " Let me go - " The JUDGE.—Are you sure he kicked at the woman ? Witness.—He did, my lord, with the left foot. The JUDGE.—A gentleman kick at a woman ! Cross-examination resumed.—Shortly afterwards she came in again to light the gas. He had hold of the gas suspender with one hand, and coveted the other with his handkerchief. He kicked her with his left foot. Mr. 'Cash was not in at the time of the kick. Cash got hold of Burgoyne. This was all the evidence to- be offered to-day, and the court adjourned till nine o'clock this morning. [lf the trial closes in time, we shall publish the result in a second edition.] NISI PRIUS COURT-YESTERDAY. PHILLIPS ?). BOLTON. This was an action of trespass. Mr. Alexander and Mr. Martin appeared for the plaintiff, and Mr. Cresswell, Mr. Wightman, and Mr. Crompton for the defendant. The plaintiff complained of the defendant having committed a trespass upon his land, in Maghull, by breaking and enter ing a close, and damaging the gates and locks, and treading down the grass. The defendant did not deny the trespass, but said he had a right to break clown the gate, because it stood across a road which he had a right to use. In his first plea he said lie had enjoyed this right twenty years, and in his second plea that he had enjoyed it forty years. To the first plea the plaintiff replied, that there was no legal founda tion for the right, and to the second, that the alleged right had not been enjoyed without interruption. A number of witnesses were called on both sides, but the question at issue having no public interest, it is unnecessary to detail the evidence. The jury returned a verdict for the defendant. • NUEL V. SMITH. Mr. Alexander and Mr. Wightman appeared for the plain tiff, and Mr. Cresswell and Mr. Crompton for thedeferidant. Mr. WIGHTMAN opened the case, and said the plaintiff was Samuel Nuel, and the defendant William Smith, chair man of the Liverpool Marine Insurance Company. The action was brought to recover the value of three boxes of cutlery, insured by the plaintiff with the defendant, and which had been lost by the perils of the sea. To this the defendant had replied, that the plaintiff was not interested in them, and that he had given a fraudulent acconnt of the value. Mr. ALEXANDER stated the case. The plaintiff was a member of the Jewish persuasion, in Liverpool, and carried on the business of a dealer in gold, silver, and plated articles. He went about from one fair and market to another, buying and selling goods, and he was the depository of his own pos sessions. This cutlery was the result of a life of labour as a pen-cutter, and he proposed to sell it in foreign markets ; but having lost it, he was now without a single penny of that which he had collected. The circumstances of the case had been fully laid before the consideration of the defendants : they had, therefore, in their power the means of investigating every part of the case. They had, however, applied to a court of equity, in order to prevent his proceeding with this action. In his answer, the plaintiff stated upon oath that he had laid before the defendants the whole circumstances ; and having this information, it was a pity they should not feel satisfied that this property was on board the vessel which had been lost, instead of charging him with fraud and dishonesty. Mr. CRESSWELL.—I will allow my friend to give his client's answer in evidence. Mr. ALEXANDER was glad of that, and would see at what part of the case it could be introduced. The plaintiff had formed a communication with a foreign correspondent, to dispose of the property in foreign markets.. He determined to send them to the continent, and also to insure them. The boxes in question consisted of all he had collected at one fair and another, and upon which he had fixed his hopes of profit by foreign sale. The defendant represented the Insurance Company. An application was made to them, in the early part of November, for au insurance upon the property. The, plaintiff stated the value as being £450. The clerk told him to call again, and in the meantime inquiries should be made as to the premium. He called the next day, and a premium of 50s. per cent. was charged, which upon the amount insured was £ll or £l2. He paid that amount, and the goods were properly passed through the custom-house, and every docu ment would be produced. The vessel sailed on the 11th November. It was the Rosalie, to Bruges. The ship was lost off Holyh ea d upon t h e 11th. The crew were saved, but every thing on board was lost. The plaintiff accord ingly applied to the commissioners, to have the matter arranged, and they asked him for his invoices. He ex plained why he could not produce them—that he had brought them from different dealers, and paid for them in ready money. He shewed them the policy, the bill of lading, and all the different documents, but still they were not satisfied. Unable to obtain satisfaction, the plaintiff brought an action on the 16th January this year ' • proceedings in chancery wer e instituted by the defendant s , the effect of which was that the plaintiff was scarcely in time for trial before a jury here. The learned counsel then detailed the substance of the evi dence he should produce, and then called— Mr. Arnold Reynold, a clerk in the house of Messrs. Bahr,Behrend, and Co., brokers, to whom the ship Rosalie was consigned, proved that she sailed in November last far Ostend and Bruges. He produced the bill of lading, and the ship's manifest, in which were enumerated the three boxes of cutlery. They were delivered to the captain of the vessel. In his doss-examination the witness said the bill of lading was not signed in the office, and that, although sometimes done, was not according to the usual course of business. Re-examined.—Trifling goods, such as small cases, some times did not pass through the office, but went direct to the captain. The captain usually got the freight of them. Mr. Edward David Jones, a custom-house agent, said that on the 9th November last he passed an entry fur the plaintiff for three boxes of cutlery, value Zl5O. The captain of the Rosalie was with the plaintiff at the time, and requested immediate despatch, as the goods were on board. Witness gave him immediate despatch, and paid the export duty, and the dock and town dues upon the boxes. The plaintiff paid him the amounts immediately. Had known the plaintiff se veral years, and had on former occasions passed goods for him, and been paid the charges for them. Cross-examined.—There would of course be entries at the custom-house of any goods shipped by him. John Richardson Parr, a clerk in the searcher's office, produced a searcher's shipping bill of the 9th November, of the goods having been shipped. The initials were P.A., those of Peter Allen. The export duty, and the dock and town dues were paid. These boxes were regularly passed through the custom-house. Cross-examined. —These certificates may be signed without the officer seeing the goods. It is impossible for them to see everything. Re-examined.—lf there is any reason for suspicion the goods are always searched. .Mr. Arnaud, collector of customs in Liverpool, proved his signature to a declaration of " content," by the captain of the Rosalie as to these goods. Mr. CRESSWELL said, that this was not evidence of the goods having been actually shipped. The JUDGE held that evidence of that fact must be pro duced. If th e cap t a i n were d ea d, his evidence must' be taken. Mr. ALEXANDER said he was abroad. Richard Ashton was then called, and said he was a com mission agent in Liverpool. In November last, the plaintiff applied to him on the subject at his insurance, and witness recommended him to the defendants office. Went with him to the office, and every inform ation as t o particulars was given to the com p a ny. They said the vessel was a s econ d class vessel, and that the premium would be 50 per cent. The policy was effected at that rate. The vessed was lost shortly after she sailed. C r oss-examined.-1 carry on business in Canning-place, at No. 25. Have been in business seven years as a customs and cownssion and excise agent. Have known t'ie plaintiff 18 months he has dealt in tobacco during that time. He has boughiand sold between 600 and 7001 b. in bond in that period. Nvcr knew where he lived. He was brought to my office ()out 18 months ago. in consequence of some tobacco in bond having been irregularly packed by the officers. klieve he lives somewhere about Cornwallis-street, but have ever been to see him there. Cannot recollect whether it vas before April last year that I knew him. It is more thana year ago since I paid tobacco duties for him. Have seenhlili twice about these tobacco transactions, before the policy ms effected. The tobacco was worth 2s. 6d. a pound. Thomas Hughes, woollen draper, Liverpool, examined. Has two stops, and carries on a large retail. Has known the the plaiutif nearly 20 years ; has dealt with him for ten years, and he away paid witness. He has introduced foreign customersand others to witness. Cross-eamined.—The foreign customers were captains of ships ; am he brought them for such articles as they wanted. The goo& he bought from me were for himself and his wife. Re-exanined.—The purchases were not confined to articles for his orn use. His purchases have amounted to £5, £B, and £lO ; and he paid ready money, but not always. Mr. Wiliam Armroyd, cutler, of Paradise -street, said he had known the plaintiff ever since he was a child, and that he had freqtently bought cutlery from witness. lie had intro duced cutomers, principally foreign captains. His credit was good witl witness. Cross-!xamined.—The largest credit we gave him was £8 or £9. lad been a cutier 14 or 15 years, but does not know that the Belgian cutlery is rather famous, as he never was in Belgium. The last sale witne ss ma d e t o him was in August, 1839. - Mrs. Ann Ebbs said the plaintiff had occupied two apart ments in her house in Grenville-street for some years. Re. membered some boxes being in his room in November last. He and :►is wife lived very retired. Crnss•examined.—He took his apartments from me at 6s. per weel, and paid his rent every week. He had lately dealt in quills He had been absent from home often. George Armroyd said he was cutler in St. James's-street, and that, the plaintiff had dealt with him and his father. Had always paid his amount. Casper Wolfe Schlesinger, is a commission agent in Liver pool, sad knows the plaintiff. Has had dealings with him, but never to a serious amount, except on the last occasion. About June or July last, sold him 50 sets of balanced ivory handled knives and forks, silver tipped, at 425. 6d. a set, which would make £lll ss. I was paid for them at the time by the plaintiff. Cross-examined.--Have lived in Liverpool eleven years. Lived previously in Birmingham. Had carried on the bu siness of a house and land agent in Liverpool to a serious ex tent, but was not rich enough to keep a banking account. Had carried on no other business, except selling now and then on commission. Had had these knives and forks placed in my hands by James Burd. I do not know who James Burd is. Was not acquainted with him. I suppose he lives in Sheffield. First saw him near the Salthouse Dock, but do not know who introduced. Dined with him at a commercial hotel in Dale-street, but do not know who keeps it. Many others were there. I do not know when it was that I dined with him. Mr. Burd's own man carried the goods from the warehouse to my own office. Do not know in whose warehouse they were, but could point it out. They were upon the first floor. I should rather think it was the warehouseman who carried them. This was after I dined with him. The knives were in pack ages.- There were fort. or fifty of them. Mr. Burd gave me no invoice of the goods, but merely an order to sell them. I know not whether I made out any invoice of them to the plaintiff. I paid the money over to Mr. Burd the very day I sold them, in my office. Have sold other goods in this way. Once sold a dairy of cheese in this manner, and on another occasion, sold some wire from a wrecked vessel. I got all sorts of money in payment from the plaintiff; I had a £5 package of silver, and above £3O in gold. Re-examined.—Have sold both through the office of the defendant's attorney, and to the gentlemen themselves. Mr. ALEXANDER.—That is the plaintiff's case, my lord. The JUDGE.—And a very ragged case it is ; do you think you can do better at another time ? Mr. ALEXANDER said the case must necessarily be so in the nature of things. The JUDGE.-1 only say, do you not think you might make out a better case at another time? Mr. WIGHTMAN would - call his lordship's attention to the defendant's pleas. The plaintiff was not bound to disprove the second plea, which said he was not interested in the goods. The JUDGE repeated his remark and said the question would be one for the jury. Mr. CRESSWELL.—Need I trouble you gentlemen of the jury? Mr. ALEXANDER.—Before you trouble the jury, we will trouble his lordship. Mr. WIG lITMAN.—My learned friends have not pleaded that the goods were not delivered on board the ship, but that the plaintiff was not interested. The JUDGL.—You say they were goods ; the defendant denies it. Mr. WIGHTNIAN,--The bill of lading shows that. The JD notz.—The bill of lading is not evidence. Mr. ALEXANDER.—Then we will see whether we can get out of the difficulty. We will put in the plaintiff's answer. The.CLERK of the COURT then read the answer, which stated that all the goods were the plaintiff's, but that he could not recollect in what coin he paid for them, for whom or where he brought them. In other respects this document was very curious for its non mi riordo features. A memorandum book referred to in the plaintiff's answer was then put in. Mr. David Wolfe Marcks was called, and he said, though it was written in the Hebrew character, the language was a sort of patois, much used by the Continental Jews, consisting of a mixture of German, Dutch, English, and Hebrew. The witness read several items from this book of purchases made by the plaintiff; ultimately, in order to save time, a translated copy of the book, dictated by the wit ness, was put in. This was the plaintiff's case. Mr. CRESSWELL then rose to address the court and jury, and was proceeding with his observations, when he was in terrupted by the foreman of the jury, who said, the jury were quite satisfied with the case, and had made up their minds. The JUDGE.—You are aware, gentlemen, that the question is, whether yoU are satisfied that three cases of cutlery were sent on board the ship in which the plaintiff was interested. What he is bound to prove is, not the value of the goods, but whether they were sent on board the ship. If you believe there is no proof of that fact, you will give a verdict for the plaintiff upon the first issue. Mr. WIGHTMAN.—There are other issues, my lord. The learned JUDGE said he was aware of that. After a short consultation, the Foreman said, we are all agreed ; we are satisfied that no goods were sent on board in which the plaintiff was interested. We find for the defendant. Mr. ALEXANDER.—As to the second count of the fourth plea—money had been received for the premium ? Mr. CRESSWELL.—You cannot recover a premium paid on a policy granted under misrepresention. The JUDGE.—ShaII I leave the second plea to the jury ? Mr. CRESSWELL.—Yes, my lord. The JUDGE then left to the jury the question, whether the defendant had not been induced to enter upon the policy by the fraudulent misrepresentation of the plaintiff, that the value of the goods was £4BO, knowing them at the time to be cf much less value. The jury immediately found a verdict for the defendant upoa this issue. MACKRALL V. HARBORD. The declaration in this case stated that the defendant was possessed of a certain cellar in Liverpool, and of a ladder and other machinery for the raising of casks of oil, lime juice, &c. ; that-on the Ist August, 1839. he was about re ceiving into his cellar certain large quantities of oil and lime juice; that the plaintiff was his servant to assist in receiving certain casks of lime-juice by means of the ladder and ma chinery; that the defendant did not take care that the ma chinery anal ladder were of the proper strength ; and that the ladder broke, whereby the cask fell upon the plaintiff, and caused him very great injury. To this the defendant pleaded not guilty. Mr. CRESSWELL (with whom was Mr. KNOWLES) stated the case. The plaintiff was a labourer, who, until he met with this unfortunate accident, earned his livelihood by working at warehouses, and other similar places, in Liver pool. The defendant was a gentleman possessed of consi derable property in warehouses, and the plaintiff sought compensation at his hands for a very grievous injury which he had sustained, by reason of the defendant having supplied him with a ladder of improper strength for the work for which it was destined. Whatever might be the result of this case, there could be no doubt that the plaintiff had been a great sufferer, for, during the employment he was engaged in by the defendant, his leg was broken, the bone was dread fully shattered, and he was carried to the Infirmary, where he remained a period of seven weeks, from which time he had been unable to obtain his living, as before, by his own industry. Since the Ist of August last he had not been able to do more than three or four days' work. He had been employed in this warehouse to stow away some casks of oil, and then he, together with sonic others, was directed to place some casks of lime-juice upon them. In order to do this, they put up a ladder, as directed by the defendant's foreman, and upon this machine they rolled one or two casks, and then a third which was somewhat heavier than the others. The plaintiff was rolling in the centre of the ladder, which, when the cask got part of the way up, broke. The cask fell upon the plaintiff's leg and broke it. He was now a complete cripple. The defendant thought that in point of law he was not responsible for this injury; and that not being responsible in law, he was not bound to make any provision for this poor man. He (the learned counsel) however, believed the law would be found to be this—that as the defendant employed the plaintiff to do this work, he was bound to supply him with a machine fit and adequate for the purpose ; and that having supplied him with one unfit and inadequate to perform this duty, the de fendant had made hinisel( responsible for the consequences. John Harrison and JOhn Povah, two porters, who were engaged with the plaintiff on this occasion, in stowing away the casks of oil and lime juice, were called, and they described the circumstances of the accident. The weight of the cask, they said, was between 8 and 9 cwt., and the right side of the ladder heirr . too weak to bear that burden, it broke. They were told to use the ladder by tbe.defendatit's foreman. Mr. ALEXANDER, on the part of the defendant, cross-exa mined both these witnesses, but their testimony was not in any respect impeached. Win. Stother said he was working at Freeman's warehouse in July, two days before the present accident happened. The ladder in question was then used in moving a cask of black lead, from the weight of which it sprung on the right side. The foreman could not but see that the ladder had sustained this injury. Thomas Cunningham said the plaintiff lodged with him : Remembered him going to the Infirmary, where he stayed , seven weeks. When he came back he was in a very weak state, and now went on crutches, being very lame. Ile had worket but four days, or half days, since that time. Join: Harding, clerk to Mr. Yates, the r' September, plaintiffs ' attor ney., produced the copy of a letter dated 27th 1 0. ! for 1839, from Mr. Yates to the defendant, com pensation for the injuries the plaintiff had received. After this letter the defendant called on Mr. Yat es, and said he could ito nothing till he had seen his warehouseman, who had left him, but as soon as he had seen him he would call again. The witness then produced i the copy of another. letter, lilted 9th October,. from i 1 Ir . Yates , requestmgststhrhaset there was no legal claim upon . _ name, of the defendant's attorTletYh; October, als o one from asserting Messrs. Worthington and Holt, dated President the defendant, but proposing to leave the matter to the of the Infi rmary. Mr. u Yates' reply on the I2th was next read, declining the pro ' posed reference. Mr. John Nottingham said, in August he was house-sur geon to the Infirmary, and recollected the plaintiff being brought there with a dislocated foot, and the end of the small bone of the leg broken. He remained in the Infirmary, as near as witness could recollect, seven weeks, till the 2d of September. Cross-examined.—He was in good health when he left, and was then cautioned not to walk without crutehr•3. Ex amined him yesterday for the first thee since he left the Infirmary. I found the restoration as complete as could be expected under the circumstances. Have not had an op portunity of seeing him before, although I called at his liote,e twice. Re-examined.—I do not think he could now do the work of a porter as he did formerly. Do not know whether I have refused to be examined or give information to Mr. Yates. This was the plaintiff's case. Mr. ALEXANDER then addressed the jury for the defen dant. It was certainly the duty of •masters to take care of their servants—to supply them with the things necessary and adequate for the purposes of their labour ; but when that had been done, the master was not responsible for careless ness on the part of the servant. He should be able to make it as clear as day-light that the ladder was made of proper materials—and that it had broken from the inattention of the men themselves. The learned counsel then produced a model of the ladder, the cellar, and the casks of oil and lime-juice, from which he endeavoured to shew that the misfortune had arisen from the ladder having been ignorantly or carelessly placed in a wrong position. He should further prove that the ladder had been subsequently tried to ascer tain its strength, and that it had been found to carry between 8 cwt. and 9 cwt. If, then, the jury were satisfied that a ladder was supplied fit for the occasion, and which had been since tried and found capable of bearing any weight put upon it—then, however they might regret that the plaintiff should have suffered what he had, they would not throw upon the master the liability of this misfortune. The learned counsel concluded his address by reading a letter from the defen dant's attorneys, dated the 3d March, again offering to refer the matter. _ _ A JURYMAN here requested that the witnesses might be asked whether the ladder was in the same position in lifting, up the last cask as it was when the two first were lilted. Harrison, the first witness, was recalled, and he stated that the ladder had not been altered in position. In an swer to another question, he replied, that the grips of the ladder were about the length of his hand. Richard Leather, examined by Mr. ALEXANDER, said he was warehouseman to the defendant. None of the lime-juice casks would weigh 7 cwt. or 8 cwt. To the best of witness's belief the ladder used by the plaintiff and the other men was in good condition on the morning of the accident. Had never noticed any imperfection in it. It was made of the usual materials, and in the usual form. Examined the lad der after the accident, and found a crack upon the upper side of it. By a JURYMAN.-If the grips of the ladder were upwards, the cask would have to be lifted over them. Examination resumed.—There could be no object but carelessness in placing the ladder the wrong way. Cross-examined.—First spoke to my master about this accident in November or December. Usually saw him once a week, but cannot tell whether I mentioned it to him in August. Examined the ladder the day of the accident ; it was not broken in the way the men described. It is now in the cellar. Re-examined.--I usually communicated on business with Mr. Ostler, Mr. Harbord's chief clerk. Mr. Harbord has many warehouses. _ By a Juryman.—We have worked with the ladder since, but only to prove its strength. The JUDGE asked whether there were any objections to produce the ladder, for the jury to see it ? Mr. ALEXANDER replied that the bonded warehouses closed at four o'clock, and consequently at this hour (nearly six o'clock) it could not be produced. Robert Long, a porter, was next called, and stated that he had worked with the ladder with Stother and Harrison two days before the accident, and found it a very good one. Richard Smith, a warehouseman in the service of the de fendant, said he had examined and used the ladder since the accident three different times, first with a cask of from six to seven cwt., and the last, one from eight to nine cwt. It appeared quite firm when used properly—that was when the ends of the iron grips were fixed in the bilge of the cask against which the ladder might be placed. By a Juryman.—Such a man as the plaintiff would earn 18s. a week. Mr. Samuel Holme said he had examined the ladder in question on Saturday last, and noticed a crack in the upper portion of it. The ladder seemed made of Norway pole, and it seemed to be a natural crack. The model produced faith fully represented the ladder. If the ladder had been pro perly placed, such a fracture as that he saw could not possi bly have taken place. Cross examined.—No doubt both sides of the ladder had been used pretty much alike. Elias Owens, cooper and master porter, in Liverpool.— Had been in business twenty years. Had examined the lad der in question; it would bear, if properly used, from 10 cwt. to 15 cwt. If the ladder had been improperly placed the break would have been in the way it was shown in the model produced. On the 4th of March he saw rolled up it two casks, one 6 cwt. and the other 8 cwt. Mr. Andrew M'Clellan, Assistant House Surgeon in the Dispensary.—ln October, called twice at the plaintiff's house, to examine his leg. at the request of the defendant, but did not see him. I left word for him to attend at the Dispen sary, but he did not. Mr. CRESSWELL, in reply, asked where was the ladder? They had taken Mr. Holme and Mr. Owens to see it, but rsfused to let the jury inspect it. The learned counsel then briefly commented on the evidence. The Learned JUDGE then summed up, pointing out to the jury the various aspects of the case. The jury retired for consideration. On their return, the foreman said they had found a verdict for the defendant. The court adjourned at half-past seven. SHAMPOOING.—We very cordially direct the attention of our readers to the advertisement of Mr. Whalley, who prac tises this art. We have inspected several unexceptionable testimonials from noblemen and gentlemen who have been under his care; and also from eminent members of the me dical profession, in approval of Mr. Whalley's system, certi fying its beneficial operation in the cure of spinal or rheu matic affections, and which cannot fail to satisfy all who may wish to try the effect of shampooing in similar cases. LT. BRIDE'S NATIONAL SCHOOLS.—We perceive that two sermons will be preached, on Sunday next, at St. Bride's Church, in aid of the funds of the above schools, by the Rev. C. B. Tayler, M.A., Rector of St. Peter's Chester, and author of As you like it, and several other popular works. We trust that the advocacy of so eloquent a preacher will prove of essential service to the schools. We beg leave to direct the attention of our readers to the advertisement of Dr. Black's excellent work on the treat ment of the principle disorders of the bowels, which appears to us, from a cursory examination to be one of the best works ever published on the subject. We shall notice this work more at length on Tuesday. DEATH OF LADY BARTON.-Her ladyship died at Ful ham Hall, Essex, on the 29th ult., at an advanced age ; she was the relict of Sir Freeman Barton, who was knighted by King George 111.. Among the passengers that sailed for Suez yesterday in the Berenice, are two beautiful grey Arabs for her Majesty, under charge of Captain Malcolm, her Majesty's 3d Light Dragoons.—Bombay Timex, Feb. 1. We regret to state that Madame Caradori Allan has been attacked with measles of so virulant a kind as to have occa sioned the deepest anxiety to her friends. After intense suffering for ten days she is, however, recovering. Lord Ward attained his 23d year on Friday last. His lordship, therefore, wants two years of his legal majority, under the will of the late Earl Dudley, when he will be placed in possession of landed and personal property of the estimated amount of £200,000 per annum. LORD LOWTHER.—A rumour has within the last two or three days reached us, that his lordship's protracted sojourn ing on the continent is occasioned by threatening symptoms of a pulmonary affection of a somewhat serious character. — Westmoreland Gazette. PENNY POSTAGE.—A. fine cucumber, nine inches long, one of a large number grown by Mr. Crompton; gardener to his excellency Sir Edward Gibbs, was sent last week from Government House, to London, by the post ; the charge amounted only to is 6d.—Jersey Times. A GENERAL " ERRATUM."—The editor of a new jour nal published at Graham's -town, says in his first number, with great naivete, " Our readers are requested to excuse any errors of the press, as our eye is not yet suf f iciently practised to detect every error at first sight. DIABOLICAL ATTEMPT TO POISON.—A parcel of provi sions, consisting of bread, sugar, tea, &e., was lately laid by the side of a door of a cottage in Kirktnichael, with an anonymous letter, addressed to a poor woman, in which it was stated that more would be sent if needed. On exami nation it was discovered that the whole was poisoned. No suspicion is attached to any person, nor can any cause he assigned for so diabolical an attempt.—Ayr Advertiser. A. VETERAN TOPER.—A correspondent sends us the fol lowing as a bonne bouche for tee-totalists. An old man, 70 years of age, acknowledges himself, that since he was 20 years old he has drunk, on an average, four glasses of whis key a-day—say 18,250 days, at four glasses each, making 73,000 glasses, at three halfpence per glass, or £456 ss; a goodly sum, truly, to be thus squandered away !—lnverness Courier. Mr. Russell, author of a tour through the Australian co lonies, relates the following pleasant anecdote, though not very flattering to our self-love :—" A young lady of Sydney (a native of the colonies,) being asked if she would like to go to Britain, answered, that she would like to see it, but not to live in it. On being pressed to give the reason, she replied that, from the great number of bad people sent out from thence, it must be surely a very wicked pl ace to li ve i n !" THE QUEEN.—It is upon no slight grounds we congratu late the inhabitants of Hampshire and the Isle of 'Wight on the probability of seeing their beloved Queen amongst them in the course of the present summer. N o one, of course, can speak positively as to the royal intentions, but some or ders and contemplated arrangements have come to our know ledge, which satisfy our minds that a disposition to visit the Isle of Wight prevails at present in the royal mind. We have generally been found pretty correct in our prognostications of courtly and political movements, and we do not think we shall be found to be wide of the mark in this. The Royal Yacht Squadron is expected to have a magnificent season. At the regatta, it is hinted, a prize will be contended for, surpassing anything ever yet subscribed for or given.—Southampton Independent. NETTLE BEER.—At this season of the year a wholesome and agreeable beverage may be obtained at a trilling cost, from that valuable though much despised plant, the nettle ; two quarts of the sprouts of which to be boiled, in one gallon of water : adding, when strained off, half a pound of sugar or treacle, with a little ginger. When near cool, ferment with yeast, and bottle tight up while in a state of effervescence. In a day or two this will be brisk as bottled ale and of a pleasant flavour. POSTAGE STAMPS. — The public has been looking forward to the issue of the postage stamps with natural anxiety. W e have, therefore, great pleasure in announcing, that the en gravings and die are now complete, and that early in the next week the printers will be actively engaged in striking off impress i ons . Three different forms will be used, according to pleasure. By the first,. paper sent in t o b e stampe d w ill be impressed w ith a beautiful medallion portrait of her Ma jesty ; the second, consisting of stamps to be affixed to let ters, is also decorated by a highly -wrought portrait of her Majesty, engraved by Heath. These are about the size of a shilling ; each sheet will contain 240 stamps, which the re tail dealer can sub-divide, so as to suit the convenience of purchasers. The third form is the cover, to be stamped on a half sheet of paper. The design, which is imaginative and beautiful, as well as complicated, containing upwards of fifty figures, is by Mulready, and has been engraved in relief on brass, with the utm os t care an d d e li cacy, b y Th ompson, w h o, we are informed, devoted the labou r o f t we l ve en ti re weeks toits execution. The lower part of the tablet i s left blank, to admit the directio n . Ab ove , i n th e centre, i s B r i tann i a , with her emblems, spreading wide her arms, to dismiss angel messengers to all nations of the earth ; a group of Indians and colonists is on the right ; on the left are the figures of oriental men and animals. These groups are supported on either side by domestic figutes, reading letters. The whole effect is poetical, as well as artistic. The covers will be printed from casts either polytyped or stereotyped, and Mr. Dickenson's paper, on which our journal was printed in April, 1838 (No. 548), is to be used. By causing part of the lines to be nearest one surface, and part to the other, he has sueeradded a great protection against fogery.—Athen tE n nz . DEER HUNT EXTRAORDINARY.—WINDSOR, TUESDAY. —This morning, shortly after eleven o'clock, a d r ill party o f the second battalion of the rifle brigade, under the command of Captain Clegg, were exercised- in the Long -walk. They were mu eximpanied by the fine deer which has long been at tached to the brigade, and which was grazing during the time the party were being drilled. Maynard, the superintendent of her Majesty's favourite dogs, was proceeding towards Windsor, accompanied by her Majesty's celebrated Scotch deer-dog, a breed partaking largely of the blood hound.mixed greyhound. The hound imm e di a t e l y started off after the deer, which it pursued at a t remen d ous pace t h roug h the great gates into Park-street, along the High-street, and down Peascod-street, at the corner of which it knocked down a poor man with considerable violence, causing a concussion of the brain, by his head coming in contact with the curb stone. He was immediately attended by Dr. Stanford and Mr. Soley, surgeons , an d, a ft er t h e l apse o f a short period, his senses returned, and he was conveyed home. The deer, pursued by the dog, continued its course thn?ugh_Peascod street, :towards Clewer, where it was caught in a.ditch, the hound severely r i e t l , y vas la % s y c i e ti r i a , t n i fi n i g cu i l t t s y ears and and wi n th ea l r ife fo . reTlhege,and from deer, by the orders of the colonel, was coveyed to the hospital of the barracks, where it was bled and physiced, ' and it is now pronounced to be out of danger.