Northern Times. — Liverpool, Merseyside, England, 1859-08-25 00:00:00

SOUTH LANCASHIRE ASSIZES CROWN COURT.—YESTERDAY. [Before Mr. Baron Wwrsort.] His Lordship took his seat this morning at nine "o'clock, and immediately pioce2ded to try the following EXTRAORDINARY CASE OF WILL FORGERY AT MA.NCIIESTM Richard Hardy, Joseph Berry (son-in-law of Richard Hardy), Ruth Berry (daughter of the first prisoner am' wife of the second), and John Hope (formerly a solicitor), were indicted for having, at Manchester, on the 18th April last, forged a will, purporting to be the last will of one Ann Dean. There were aso counts charging them with having uttered the forged will, knowing it t o be forged. All the prisoners pleaded not guilty. Mr. Bliss, Q.C., Attorney-General f or th e. C ounty Palatine of Lancaster, Mr. Ellis, Q.C., Solicitor-General for the Duchy of Lancaster,.and Mr. Ilalker, instructed by Messrs. Goulden & Swinburne, solicitors, Manchester, conducted the prosecution on behalf of the Queen, in right of her Duchy and County Palatine of Lancaster. • .Mr. Pope, instructed by Messrs. Sale, IVorthington, & Co., of Manchester, appeared for the prisoners. The deceased, Ann Dean, was of illegitimate descent, and, under the assumption - that she had died intestate, - the prosecution was in the name of the Queen. The case lasted the -whole day. Nineteen witnesses were examined ; and, though the court sat until nearly seven o'clock, his lordship had to defer summing up until this morning. The following is a brief summary of the case :—The deceased, Ann Dean, was a woman of industrious habits. About thirty years ago -she opened a small shop in Pen dleton, near Manchester, •with the trifling capital of Is. 61d. By thrifty and -penurious habits sTie was enabled to extend her business.; so much so, that in 1835 she became a depositor in - the bank of Messrs. Lloyd, Ent wistle, and Co., Manchester. She continued for a period of twenty years to deposit her savings, and only once, in 1837, did she draw out any money, and then only 16s. 6d. The last.deposit she made was in 1853, and Yip to the present time she th ad accumulated X 538135. 11d. There arc reasons for supposinc , that she had effected an insurance on her life for £1,000; but, as her papers had been interfered with, no confirmation of this supposition has, so far, been obtained. She was unmarried, __and ,had no immediate relatives'. The cellar she occupied served for her business and also for her residence. The dampness of the cellar appears to have impaired her health, and she became, in April last, so unwell from this cause that she decided on removing. One of the prisoners, Ruth Berry, a distant ' relative, called to see the deceased occasionally, and it was arranged by them that on the 13th April the de ceased should come and lodge at the house of the f a th er of the said Ruth Berry. The deceased was taken in a cab with some of her effects, and a neighbour, Mrs. Fletcher, who had waited 'upon her, accompanied her. After arriving at Hardy's house the deceased had tea, and was then put to bed 'very ill. A surgeon was sent for, who prescribed for her, but she seemed t o s i n k rapidly. Before she expired, she told Mrs. Fletcher and another person to give the key of her place to her nearest relation, Isaac Dcan, a draper, and she also intimated that she intended to leave him her property. She died early in the morning of the day after her arrival ; sh e was then forty-seven years of age. 'Ruth Berry had told some of the neighbours that the deceased had died worth a "good bit of money," which had been left to her and her mother. One of the neighbours asked if a will had been left, and she said no. Isaac Dean came to see the corpse, and he demanded an in spection of the boxes belonging to the deceased. No mention of the will was made. Isaac Dean made ar rangements for the funeral. On a second vi s it h e was then told that the deceased had left a will. The prisoner, Joseph Berry, went for the boxes of the deceased in a cart. The deceased's papers were overhauled, but only by the prisoners. The will was afterwards produced, and it was stated that the deceased, feeling the approach of death, gave directions for the will to be immediately drawn up. This was at about ten o'clock the night before she expired. It was saidthat she called fo'r the prisoner Joseph Berry, and told him where he would find his mother's will, and that he was to draw out another somewhat like it, bequeathing her - property to her daughter, Ruth Berry, and that she - would put her cross to it. This, it was said, was done ; and that i n th e h urry Luke ardman, an intemperate character, was called in to put his name to the paper as attesting witness, Ruth Berry being the sole execu trix. Isaac Dean said he did not believe this story, and he ordered his solicitor to enter a caveat. A long dispute ensued between the two parties ; and the prisoner Hope, and the attesting witness, Luke • Hardman, were frequently with the two Berrys ; not only at the public-house of the latter, but at s !veral other public-houses, where it appeared that pens, ink, and paper were in frequent requisition. Ultimately, as Isaac Dean could not maintain a legal claim t, the property on account of the illegitimacy of the deceased, the caveat was withdrawn. Hard- nun and the prisoners went to the Probate-office at Manchester, and there Hardman and Berry took the oaths that were required to prove the will. Joseph Berry and his wife went to Lloyd, Entwistle, and Co.'s bank with the probate on the 23rd June, and the money of the deceased was withdrawn. Luke Hardman was seen at the door of the bank giving vent to his indignation, and afterwards Berry and his wife were trying to pacify him. Hardman then in communication with the police. he and the prisoners had forged a )at himself said that were trying to put him off with £2 78. - 6d. for his s _3rvices. He stated that at the bank Mrs. Berry had said she would give him £2O • but he declared that lie would not take three times £2O. He said that Hope,' who was formerly a solicitor, and now lived in a :cellar, had drawn up the will at a public-house called the Hare and Hounds, and that Mrs. Berry had prompted him to tell the story about the death-bed will. Several papers were found in Hope's cellar, among which was a document purporting to be an indictment against Berry and his wife for forging a will. At Hardy's house t wo d ocumen t s were found written in the form of depositions, in and Luke Berry made a statement of the circumstance under which it was alleged the will was drawn up. For the defence Mr. P ope d el i vered an eloquent address, occupyinc , upwards of an hour and a-half, in which he contended that the evidence of the accomplice Hardman was untrustworthy, and that it had not been confirmed in any material particular by other witnesses. In the course of the trial a discussion ensued regard ing the part Mrs. Berry had taken in the affair. Mr. Pope'contended that she acted under the coercion of her husband, and was, therefore, not responsible. His lord ship took the same view of the matte; and this prisoner was then discharged. they were which Birdman His Lordship then deferred summing up until this morning, and the jury were.ordered to be accommodated for the night under the charge of two bailiffs. -~ NISI PRIUS COURT YESTERDAY {Before Mr. Justice HILL and a Special Jury.] lARTIN (ADMINISTRATRIX) V. THE LANCASHIRE AND YORKSHIRE RAILWAY COMPANY The plaintiff in this case was the widow of a person who had been killed by the breaking of a chain, in con nection with one of the defendants' railway iv and it. was WAR ...ged that the chain in question wa - sunfit for the work, arid that the plaintiff's husband was killed finsequence of its imperfect state. Mr. James, Q.C., Brett appeared for the plaintiff ; and Mr. Wilde, Q.C., and Mr. Williams for the defendants. When the case was called on, the witnesses were not in ttendance, and after waiting for so m e ti me , it was •eed between the parties that the record should be '‘drawn, on the same terms as if . the jury had not begin sworn. Mr. Wilde asked his lordship to certify for the costs of the special jt!ry, The (Jlerk of the court said the jury would not be pant. His lordship said he entertained a strong opinion that wherever a jury were sworn, they should be p a id ; that had been a rule always acted upon by those to whom he had been accustomed to look up, and it should be a rule with him. F A WALL IN LONDON-ROAD. IAW AND pensation for per fe by the fall Injury susl gefendan by the plaintiff's w nes, Q.C., and Mr. ff's, and Mr. Wilde, d L appeared f Mr. stiff in t dant. It appeared Shaw, was an engi- Dyed uno; and he r a Jrf and North-western . They sought to d r b eco re v s e i r de f d rom at 3Elrd.g.Jea- h il l l e l s , business, ~,,4, a timber merchant, in an extensive way . of in this town, compensation for serious in juries sustained uence of th e fall in by the pl a i ntiff's wife in conse qg of a wa ll , which belonged to the defendant, and which surrounded his timber-yard, in I,olldOn-road, OA the evening of the 20th of Novena- Yohn;o: compromise. The receipt was produced. The witness • denied that, when he called'upon the plaintiff with the £3O, he told him that Duckworth had been unable to obtain damages. The learned judge, in summing up, told the jury that, if they should be of opinion that the plaintiff gave the receipt in satisfaction of all claims, and that his signing the receipt was not obtained by.a 'fraudulent representa tion, then they would give their verdict for the de fendant; but, if they were satisfied that there had been such a fraudulent representation, they would return a verdict for the plaintiff, with such damages as the cir cumstances of the case warranted. The jury, after a few minutes' cons a verdi"et for the plaintiff—damages A LIFE ASSURANCE COMPANY .EA V. THE PHCENIX LIFE ASST DIRECTORS NCE CO/drANT The plaintiff in this action •was Mr.. John Lea, and the defendants were the directors of the Phoenix Life Assurance Company. The action was brought to reco ver the sum of £9,344, for breach of agreement, for salary, and services rendered. The•defendants pleaded that they made no such agreement, and they further pleaded that they were a joint-stock company, carrying on business under a deed of settlement, and that by the 29th section of the act under which their deed of set tlement was drawn up, the contract with the plaintiff was void, as under such act no director was empowered to enter into an agreement with another director with out the sanction of the shareholders. The plaintiff cox ducted his own case, and Mr. Wilde, Q.C., and Mr. Mel huish appeared for the defendants. The plaintiff, in stating his case to the jury, said he was well aware that juries generally had a prejudice against a man who conducted his own :case ; but circum stances, which he could not avoid, had forced upon him the duty of being his own counsel. The present action was brought by himself • against the Phoanix Life Assurance Company, for the breach of an en gagement entered hey enterei - With him on the 15th of November, 1853. 'The plain tiff entered into a lengthened statement relative to his connexion with life assurance since the year 1850, and having done so, he detailed the circumstances under which he entered into an engagement with the plaintiff in November, 1853. The. terms of the agreement, which was dated the 15th of November, 1853, were, firstly, that the plaintiff was to be appointed a director, and the chairman of the company for five years, at a salary of £l,OOO a-year, payable quarterly; . secondly, that he was to have two guineas a-day for travelling ex- penses for every day on aid' he might be engaged on behalf of the company out of London; thirdly, that he was to have a commission of five per cent. on all business done for the company during the five years ; fourthly, that lie was to have a per centage on the surplus income out of the profits ; and, fifthly, that the assets of the company alone should be liable for the pay ment of all the above-named sums. In respect of this agreement, which the defendants had broken, a large sum was now due to him, amounting on the whole to £9,334 19s. 6d. Having entered into the engagement with the defendants, he at once entered upon his duties, and became the chairman of the company. In perform ing these duties he had no small difficulties to encounter. He found the company in a disorganised state, and considerably in deb he joined the societ to its bankers it was found and short hat a total organisation of the board and that the majority of the di rectors were only nominal shareholders; and it having been agreed that each director should hold at least 500 shares, he assisted in 'politely chassezing out a number of the old directors, (laughter), and others were appointed in their places. From this period, he took the greatest interest in promoting the prosperity of the company, and, in proof of it, he might name one instance which occurred in Gloucestershire. He went on the business of the com pany to Gloucester, and f' he met wit), Jere deb ith a gentleman named Colonel Brown; and this gentle nau, although he had made arrangements to insure in another office, effected an insurance with the Phceuix Company, solely from his personal regard for him (the plaintiff). It might appear somewhat egotistical to name this ; but he felt it due to himself to state the fact. Some time after the arrangement took effect he removed to Cheltenham, by agreeMent with the directors, and actively prosecuted the interests of the company in that locality. He did not, however, strictly confine his residence to Cheltenham; but during his stay there he made several visits to Paris and Brussels, and neg,ociated business engagements with the company in those capitals. After being so engaged on behalf of the company for some months, the directors, on the 19th of June, 1854, by a resolution of the board, challenged the validity of. his appointment. The, alleged that he had failed to bring business to the office and made other complaints of a similar nature. He remonstrated with them, told them that Rome was not built in a day, and desired them to have patience with him; but they refused any further offer of his services, removed him from the chairmanship of the board, erased his name from their list of directors, and he was suddenly, and at once, deprived of a valuablE source of income, and, from po3ition ber last, the wife of the plaintiff, in company with of November, 1853, the day on which he was elected a another .person of the name of Mason, was passing member of the board. From the time of Mr. Lea's ap down Stafford-street, out of London-road, when the wa.l pointment up to the following June, his attendance at of the , defendant's yard suddenly gave way, and she the office was irregular. On one occasi his absence was buried in a mass of bricks. She was -soon after- caused the directors:considerable uneasiness. I was sent wards mactricated from the rubbish, and removed to the to look for him,,and , found him an inmateof Whitecross infirmary. There it was discovered that one of her prison. The directors of the company released the arms was in such a shattered state that amputation was plaintiff on that occasion. The plaintiff had not repaid rendered necessary ; her head was also seriously injured, any portion of the 'LSOO advanced to him when I left and one of her feet was much crushed. The defendant the company's service in 1857. In addition to the £5OO, put in , a plea that he had already paid £3O, in full satis- he had 500 shares in the company, .on which £1 per faction and discharge of the injuries -sustained by share was payable. He never paid !anything upon the plaintiff's wife ; but it was contended on the them.. The 'witness, in continuation, deposed to several part of the plaintiff that he had •been induced to sums of money -which the plaintiff had received from the accept the £3O in consequence of the misrepresentations company, as advances, and which he had not repaid. of a person named M'Alanus, in the service of the de- The plaintiff then tendered himself in evidence. He fondant, who stated that an action had- een brought by said he executed the agreement on the terms read, and DuCkworth, and that he was not able to get anything only on condition that the terms were complied with did from the jury. The plaintif f found that - this was not he consent to 'become a shareholder o. a director. On the-case—that Duckworth obtained substantial damages the same day the agreement was executed at the board. o f injuries sustameu oy Ilth 15011; anu toe lie 'e x ecut e d tile e eec t of se ttl emen t, b ut it was after the p ili lain e t s irf e ,ctthe-efore, acting under -competent advice, had board had risen that he executed it. The board paid instituted the present action. The defendant himself him £5OO in cash, in accordance with the terms, and Vrepudiated the interference of 3.l‘Manus, and was angry handed over 500 sh ares t o hi m t o ena bl e hi m t o when he heard of his misrepresentations. raise money for his own use, and also to lend money to The plaintiff's wife was called, and deposed to the parties to induce them to insure their lives. He took injuries which she had received. The plaintiff himself that money and those shares, and on the following day and other witnesses were also examined. he deposited £5OO in a local bank at Cheltenham. He Mr. Wilde then addressed the jury on behalf of the commenced using the money in loans, many of which -defendant, and urged that the plaintiff and his wife had loans were very unfortunate. He willingly lent parties agreed to settle the matter for the sum of £3O. money to enable them to insure their lives, because it - .lll‘Manus was called on behalf of the defendant, and was to his own interest as well as the general interest of tasted that, acting on the instructions'of the defendant, the company. With reference to his imprisonment in he called upon the plaintiff, and offered him £3O in Whitecross-street, he stated that it was for the debt of settlement of all claims. The plaintiff accepted the another person, for whom he had 'become -surety. He amount, and gave a receipt in full, accepting £3O as a explained :tke matter at a subsequent meeting of the board, at , which he sat as director, and they expressed their satisfaction with it. On : going to Paris and Brussels, he did his best to promote the interests of the company, and if it became a mere question of qttanttein neer-nit, he could prove that it was not his fault if more business was not done. At the close :of the plaintiff's evidence, he stated that that was his case. Mr. Wilde then rose, on the part of the defendants, and was proceeding to urge several legal objections to the validity of the agreement, when His Lordship said he was of opinion that the agree ment was null, because the consent of the body of to ask the jury whether they were of opinionnthtit the monies which had been proved to be paid to the plaintiff were sufficient for his services.; and if the jury should say the amount was not sufficient, he should nonsuit the plaintiff, giving him leave to move to enter a verdict for any sum which the jury might be inclined now to award him. It was a clear proposition of law, that a board of directors could not enter into a.eontract with a brother director so as to make it binding upon the company, unless the contract - were sanctioned by the shareholders at a general mectink, , . He would now submit to the jury whether the plaintiff had not already received sufficient money for his services. After a few minutes' consultation, the jury said they were of opinion that the plaintiff had gecti amply re munerated by the payments already made to him. A verdict was then entered for the defendants. AR.IISTRON THE GREAT NORTHERN RAILWAY COMPANY This was an action brought by the plaintiff to recover the value of a box, which was sent from the Burnley Barracks by the plaintiff, in charge of the defendants' company, and which was lost. After the hearing of the case, the jury, by the direction of his lordship, found a verdict for the defendants, on the ground that no legal contract had been entered into. ARMSTRONG DTMES This was an action on a bill of exchange. After the case had been opened, it was agreed to enter a verdict for the , plaintiff for £317, subject to the decision of the The court rose a few minutes after five o'clock, Mr. E. Ormond Hay has been appointed Governor of St. Helena. The potatoe crop of 1859 promises to turn out the Inst crrnwn in Trnland ninon thp onna nld timng_ whnn the market value of that article Of food ruled from a shilling to eighteen pence the cwt IMPORTANT.—A young man in the employ of a Shore ditch tobacconist was fined L 5 on Monday, for sending lucifer matches by the South-Eastern Railway without marking 'on the package; the nature of their contents. One of the packages took fire in the train, and was fortunately discovered by a porter THE BANQUET TO MR. I MATHA M.-It is said there is no doubt that a grand banquet, to celebrate Mr. Leatham's triumph, will take place in Huddersfield next month (probably on Thursday, the Bth), when,.in addi tion to Mr. Leatham, Mr. John Bright will be present, and, we hope, Mr. Cobden as well. OF MANSLAUGHTER AGAINST A SURGEON. riled inquest was held on Monday at Pimlico he death of Mrs. Poole, who died in child- birth on the 3rd instant, in consequence, as alleged, of maltreatment by her medical attendant, Mr. Roe, of Speak-street, St. George's-road, Southwark, a homoeo pathic practitioner. The jury found a verdict of man- NORTHERN DAILY TIMES. laughter VIE LATE SIR JAMES 31 4 Gnmon.—A memorial iS projected by many of the army medical officers and others in appreciation of the services of the late Sir James Waage; who for many years presided over the medical department of the army in a manner to cam- man(' the esteem of all those with whom he was brought into communication. A subscription has been opened for the purpose, which the principal army agents will receive We learn from the Lucknow Herald that a batch of railway engineers was almost immediately expected to arrive from England, and that the first obligatory line of the Oude railway, that between Lucknow and Cawn pore, may be expected to- be commenced about of the rains. The line has been already su estimated for, and determined Lucknow and Fyzabad is the next determined upon, an may possibly be commenced simultaneously with th The Elie betty; Uawnpa EASTERN AS A WAR-SHIP, -Without ir. the least degree detracting from her commercial Qua ies, or increasing her coSt, Mr. Scott R onstructed her that no less than 360 ten-inch into a ship of war, either temporarily or otherwise. This is no small matter. She is already, it should be understood, proof to ordinary round shells, and her speed at least will be fifteen knots an hour, in all proba bility. Moreover, her bow is both fine and strong enough to secure her against material injury, s h ou ld she encounter a foe after the fashion of a "ram." She is likewise divided into numerous water-tight compart ments. We need take no pains to express what the value of such a ship, armed as we have to us as a weapon of either offence or defence Iledianice COLLIERY ACCIDENT On Tuesday morning, iTed at the No. 2 Hall Coal and accident °cc rkl( Aspull, near Wigs George Knight, w by which one fireman, nan killed, and another, named William Viiientine;'s POLICE COURT.—YES3IERDAY. [Before Mr. PRESTOiq THE COAL-HEAVERS' STRIKE.—Thomas Foggerty, a coal-heaver, was brought up by warrant, charged with assaulting and threatening the life of Matthew M‘Nally, another coal-heaver, m the employment of Mr. Johns, agent for Messrs. Powell and Sons. Mr. Bluck prosecuted. The complainant stated that he was employed by Mr. Keating, head porter to Mr. Johns, and had been there for nine years. Some time ago there was a strike among the coal-heavers, but complainant did not join them. On Sunday last he met the pri soner at Thornton's public-house, New Boundary-street, in company with another man named Sweeney. They asked complainant to join them in the strike, but he re fused to do so, as he was satisfied with what he was getting. Upon that the prisoner struck him three times, knocked him down, and kicked hint The other man kicked him when he was down. • Complainant was afraid of his life. Mr. Cobb was engaged for the de fence of the prisoner, and subjected the witness to a severe cross-examination. The complainant admitted that the prisoners never used any threats towards him, except at the time of the assault. A young man named William Robinson, barman at the public-house, was exa mined, and said the complainant was sober. He saw the prisoner strike him and knock him down. Mr. Cobb contended that it was an ordinary case of assault, and had no connexion with the " strike" whatever, and it should he dealt with accordingly. Mr. 'Muck held an opposite opinion. Mr. Preston said he was sorry to see a man like the prisoner, who had borne a good cha racter up to the present, placed in such a position. It was a very serious offence to interfere with workmen, and inti midate them, with a view of forcing them not to work except they adopted certain opinions. Every man had a right to dispose of his own labour at his own price. The pri soner did not appear to have acted as bad as the other person, who is stillat large ; had he done so he would have been punished to the utmost extent that the law permitted. He trusted that the present case would be a warning to others. The prisoner was to be sent to gaol for one month, with hard labour. SERIOUS ASSAULT.—A man with a bandage round his head, named Alexander Eyre, charged a respectable 'looking female, named ElEn Smith, with assaniting him. Mr. Cobb defended the prisoner. The com plainant stated that, on the 16th instant, he met a friend, and had some ale with him. He afterwards went to the prisoner's house with his friend, who lodged there, and when he attempted to go up stairs the pri soner pulled him down, and lie was scut to the street. The door was closed on him, but in a short time it was opened by the prisoner's daughter. He went to ask her why he had been put out, and she gave him a shove, and they both fell. While he was in the act of getting up the prisoner struck him on the head with a poker. Two witnesses corroborated the statement of the com plainant. Mr. Cobb contended that the complainant had no right to go to the house of the prisoner, as it was private, and much less to attempt to go up stairs. The surgeon who dressed the prisoner's wounds was called upon, and gave it as his opinion that the injuries he had received .might- be caused by a blow with a poker. The principal wound was a severe con tusion, which he thought could not be occasioned by a fall. The prisoner was sent for trial to the sessions. THEFT.—TWO stout-looking men, with a strong Irish accent, were brought up charged with stealing a tarpau lin from Mr. James Rees, cartowner, Bevington-bush, which was found at Mr. Godfrey's, Mill-lane. The complainant said the prisoners' names were William Erwin and James Vallily, and both had been in his employment as carters, and on Wednesday last he lost the tarpaulin in question. Mr. Godfrey was called, and said the prisoners came to his place and asked to be allowed to leave the tarpaulin at his yard, and they would call for it nett day. That was on Friday night, and as he knew them to be carters in the employment of Mr. Rees, he did not object. That.was all he knew about the matter. The owner said it was value for about £6. The prisoners were sent for trial. ASSAULTING THE POLICE.—A youg fellow, deaf and dumb, was brought up by officer 114, charged with being drunk and disorderly, and also with commit ting an assault upon him. A gentleman present interpreted to the prisoner by signs the evidence against him, which was to the following effect :—The prisoner was drunk and disorderly, about a quarter-past twelve yesterday morning. The officer desired him to go away, but instead of doing so he struck him (the officer) on the breast, and otherwise assaulted him. Officer 500 said he saw the prisoner in a disorderly state, after being turned out of a public-house in Dale-street, and also witnessed the assault upon his brother officer. The prisoner was ordered to pay a fine of 40s. and costs. [Before Mr. ATKIN.] HOMICIDE ON BOARD AN AMERICAN SHlP.—Charles Boatelle, mate of the American ship Conqueror, was brought up on remand, charged with having wilfully caused the death of a coloured seaman, named Peter Antonio, on the high seas. Detective-officer Eaton said he arrested the prisoner by warrant, which he read over to him, on Friday Afternoon last. The prisoner stated that he thought the matter was all over after the inquiry at the coroner's court. He also stated that he never did any injury to the deceased. The officer then brought the witnesses, and had their depositions taken down. Mr. Garnett was about to read the depositions, as evidence against the prisoner ; but Mr. Aspinall, instructed by Mr. Snowball, who ap peared for the prisoner, objected to the depositions being read as evidence upon which the prisoner ceuld bee committed, without the witnesses bei] then made several remarks on the sta . tween this country and America. as to the correct moaning of it adjourned till Monday next at noon E. He ng be- Alter some discussion [Before Mr. J. R. JETTERY.] was further CONVEYING BUNDLES ON THE FOOTPATH.—A porter, named Robert Treaves, in the employ of the City of Dublin Steam Packet Company, was summoned by Mr. A. T. Jacob, of Cook-street, under the following circum stances :—A police - officer stated that the defendant was summoned for carrying a large .bundle of wood, and walking on the footpath from the north end of the George's Dock to the South Landing-stage ; and the complainant was standing on the footpath, mid the wood struck him on the head. Mr. Jacob sa that on WAIF W fuer, ze bundle of nt was stanoing on me ioutputo speaii.u% L when the defendant came along carrying a h wood on his shoulders, one end of which struck him a v blow on the side of the head, and caused flow from one of his ears. lie remonsti man on the impropriety of carry bundles on ti and the man not apologising, he spoke to officer. Great annoyance was felt by perso packages and parcels on the footpaths handcarts being drawn upon them. Al the officer what he would have done if h this himself, and if it was the duty of the footpath clear of such load The officer said he would haN tion against the defendant, and keep the footpath clear case there preparatory to makiia Dock Board or Watch Committee, was increasing every da. lat two cabs were coming ur Ike the footpath ; and the . porn' ;entleman were standing talkin, of the footpath, - a - ,nd in nst the complainant sewer traffic across the river w accommodation si belonged to cartesl 2s. 6d., and 2s. 6d. c COLLISION ON THE R Ithyl steamer Sea King, owner of the opposition s pose of recovering £7 sustained from a collision two steamers on the 10th of August , arrister-at-law, appeared for Voodburn for the defendant. sea King .estion, t and wt. Le blood to with the e footpath, the polies .tuber of wit carrying even by ffery witnesse e ()Meer to keep and handcarts. cne Lion. It me 1.41011 nave avoided the collision by going AC way, even at the risk of losing her berth, in point of law her duty for to do so ; nasmueh as she did not do so, she uty to at that to the for the pur- Raffles !pant, and Mr, d that, on the m were both the Nortt of the Se i• ful on the Lio: that a great deal of blame NI able to the captain by any•me ccident which he uded further that caused the accident in question. Witnesses were called to prove that, so far as the Sea King was concerned, she was not to blame, aid that the speed was not much more than half. The bench decided in favour of the complainant, £6 and costs. MR. LINDSAY AND HIS CONSTITUENTS (Abridged from the Newcastle Chronicle.) Mr. Lindsay met the electors of Sunderland on Monday night, and was received with enthusiastic cheers. He said there had been a misunderstanding, he thought, in regard to a vote of his, and in regard to a speech which he considered it his duty to make in the House of Commons. They sent him to the House of Commons, as he understood, as their representative, not as their delegate. Why is it that the House of Commons stands so high as a deliberative assembly in com parison with the rest of the deliberative assemblies of the world ? Why is it that the House of Commons stands so much higher than the Senate of France, sr the Congress of America, or the Senate of the United States ? It is because the members of the House of Commons are, or are presumed to be, the representa tives of the people. In these other places they are de legates—paid delegates. He declined to sit in the House of Commons as the delegate of any political party. (Enthusiastic cheering.) He trusted they would allow him to think for them when he went to the Senate of the people, and he trusted they would allow him to, exercise his judgment to the best of his humble abilities, as long as he did not deviate from those principles upon which he received their suffrages. The vote to which he had alluded was a party vote. There had been two great divi sions; one brought a dissolution, and the other a change of Ministry. There had been two great questions before the house ; first, the question of reform at home, and next the war abroad. Then there had been two great parties struggling for power ; the one represented by Lord Derby, anxious to retain power, the other represented by Lord Palmerston, anxious to regain power. They must be well aware that he had been opposed to Lord Palmerston's foreign policy, and if it was a question of overthrowing Lord Derby, merely to re-in state Lord Palmerston, it then became a question of very grave consideration with him as to whether he should assist in overthrowing Lord Derby's Government or not, for he himself believed that Lord Palmerston was no more' a Reformer than Lord Derby. He believed that neither were Reformers except through necessity. (Loud cheers.) When he sought their suffrage, if he pledged himself to any question there were two great questions to which he pledged himself ; these were the questions of reform and the question of peace. In respect to this question of reform, he said, at a semi-public meeting, that if Lord Derby attempted to bring forward such a mockery . of a Reform Bill as that which he brought forward before the dissolution, and if no other moved a vote of no confidence against Lord Derby, he would do so. This had been misconstrued. The first part of the sentence was left , out by those who did not wish him well, and by those who doubted him, and the last part only was noticed. When they returned him to Parlia ment the war was raging in Europe. He pledged himself to support any Government that would maintain a strict and an honourable neutrality. He pledged himself fur ther to do everything that could lay in his power to have this great question of reform settled. He had no faith in Lord Palmerston settling this question ; there fore he made a condition with the Government, and he had that condition in writing before he would give his support to maintaining in office the Administration of Lord Derby. The conditions were these : first, in regard to reform—that the late Government should declare that they were prepared to bring in a bill, and to use all their power to pass it, which should provide for boroughs a £6 rental franchise, and for counties a £lO rental franchise ' • and that at least thirty of the smaller boroughs should be disfranchised. (Loud applause.) The next was this : that the Government should pledge themselves to take all necessary steps to main tain an honest and honourable neutrality, showing also that they were determined to take part with neither of the belligerents, and that they were prepared to defend to the utmost the honour and the interests of England, if either should be attacked. (Applause.) On the first night of the debate, immediately after the seconder of the amendment sat down, the Chancellor of the Exchequer gave distinctly his pledges to those condi tions which he (Mr. Lindsay) had named. Then there was another consideration with him (Mr. Lindsay). He felt that if Lord Derby could give a bill which would satisfy him (Mr. Lindsay) and other sound Reformers, his lordship had a power which the Whigs had not—a power to pass the bill through the Lo - rds, and thus settle in our day and generation this truly important question. The next question to which he would refer was the shipping question. Early in the late Parlia ment he moved for a committee to inquire into the special burdens affecting the merchant shipping, with a view to their removal. The House of Commons was pleased with due accord to grant this com mittee. The committee had merely commenced its sittings when the dissolution took place. He put the motion on the paper for it again ; when the time came to move it there was a change of Government. As they knew, some considerable time intervened and no business was done ; and by the time he got in turn again, the House of Commons was weary of party fights, and was not in the mood to go into any of those questions which are considered in the House of Commons, though very important, still very dry ques tions. Therefore, he had not had an opportunity of doing more in the House of Commons since he had been their representative than merely, in a few words, getting from the President of the Board of Trade a distinct understandin g that if he (Mr. Lindsay) moved ea r ly next session for a committee to inquire into those burdens, the Government would be willing to grant that committee : and he got a still further pledge that the Government would introduce early next session a bill to deal with passing tolls and local charges upon shipping. Early next session he would move for the committee of which he had given notice, and no • doubt it would be granted. The Shipowners' Society of London and various intelligent and influential gentlemen considered that the cause of the present great depression was the change of our policy, and they naturally asked for a reversal of the tree-trade policy as applied to shipping. He had always held that even if a reversal of that policy was for the interests of the shir owners, there wou'd be no chance of obtaining it. The Shipowners' Society of London, and various other delegates from seaports, memo rialised her Majesty in regard to the present depressed state of shipping, and prayed for reciprocity. This memo rial had been printed by the House of Commons, and reported upon by the Board of Trade—the Board of Trade of the Protectionist Government—and this report showed, first, that the entries inwards and outwards of British shipping had increased much more since therepeal of the Navigation Laws than before; it showed, next, that the number of ships built since the repeal of the Naviga tion Laws was greater than before ; and it also showed, that the number of ships owned was greater since the repeal of the Navigation Laws than before. The report also showed that foreign shipping entering inwards in our ports had increased in a much greater ratio than British shippin g . Mr. Lindsay proeeeded to point out the great advantages of free trade thoroughly carried out, and how, by enforciug reciprocity upon other nations adverse to free trade, the artisans and ship owners of this country would materially suffer. In conclusion, the hon. member said, "Continue to me your confidence, and I will never swerve from those independent principles which I have always professed." A vote of confidence in Mr. Lindsay was carried with acclamation. IMPROVEMENT IN GENTLEMEN'S HATS.— Many letters from time to time have, on this subject, appeared in the "Post" and " Journal," the originals of which are to be seen at our shops, 9, DALE STREET, and 6, CRESCENT. MR. JOHN A. SIMPSON, the active partner of the firm of KINNEAR and SIMPSON, begs to state that this improvement in Gentlemen's Hats is his own inven in his own name, and is In bringing this invention he public, he has avoided say himself. All that has been print, in the " Daily Post " Journal," some three or four The principle upon which the 1 is the one so well expressed in vu private property fly before so promin ine one T advertis, Proverb _t another man praise thee, and not thmo own month ; a stranger, and not thine own lips." The whole of those letters are written by persons altogether uninfluenced by any other motive than this —that they really felt the beneEt of Mr. SLXPSON'S invention, and in such a degree, that they thought it only just to him to state their opinions, not in words aunty, but also in writing. INQUIRY BY THE BOARD OF TRADE Yesterday, an inquiry was held in the Grand Jury— room, St. George's Hall, before C. J. Preston, Esq., and Captain Harris, the nautical assessor under the Board of Trade, into the circumstances of the stranding of the vessel Clymeuc on the Kish bank, on the 3rd August last,. Mr. Tyndall appeared on behalf of the Board of Trade, and Mr. Clarke Aspivall on behalf of the master cf the vessel. Mr. Tyndall said this inquiry was instituted by the Board of Trade, at the instance of the underwriters. Before they went into the inquiry', he applied for the master's certificate to be given up, which the act of par liament empowered the authorities to enforce. Mr. Preston said the certificate could be given up, and it would be without prejudice. The certificate was accordingly sent for and given up. The ship was wooden, and of about 745 tons burthen. She belonged to Messrs. Bushby & Edwards, and sailed from Liverpool, about noon of the 2nd instant, on a voyage to Calcutta. She was freighted with a general cargo, and had a crew of twenty-six hands, all told. She was towed out to the Orme's Head, and the steam boat left her about eight p.m. the same day. The , weather was fine. They sighted Point Lyuas soon after, then the Skerries, then the South Stack. They steered on a wind, and continued until near seven a.m., when the tack of the jib parted. All hands Were then called up, and in trying to get the jib in the " down haul" broke. At this time it was raining and thick, and blowing strong from S.S.W. When it cleared up from the westward, and they saw land about fifteen_ miles off, there was nothing to indicate their position, but the captain at once hove the courses up to take the soundings, when the jib tack parted, and they were de layed by that. When hauling the foresail up, they saw the Kish Buoy on the weather bow, about one or one and a half miles distance. The captain ordered the first mate to his station forward, with two or three hands,. and ordered the helmsman to put up the helm, and instantly wore ship to the eastward. She answered her helm, went round, and when steadin g the braces tight, she touched the Kish bank several times. She was swayed by the trough of the sea. • She did not remain more than half an hour on the bank. The carpenter was ordered to sound the pumps, and he reported seven teen, then nineteen, and up to twenty-seven inches. They made signal for a pilot, and one came on board at Kingstown, and they towed thence to Liverpool ;. and the ship is now in the Sandon Graving Dock. In addition to these facts, the captain, Lister Harrison, stated that the lead was hove at two, three, four, and six o'clock. He took these precautions because the vessel was strange to him and the crew. The vessel was going at the rate of eight knots. When she struck he ordered three or four hinds into the boats, when the whole crew, with the exception of eight, including him self, rushed into the boats, being alarmed. When the. vessel left Liverpool, the men were all drunk • and when the steam-tug left•them about eight o'clock, the hands were all called up for the purpose of the . watches. A great portion of the men at that time were tipsy. When the men were taking in the courses, he observed that the men were very slovenly, as if suffering from the effects of drink. Under any circumstances, he would have had all hands up when the ship struck. He sounded when he came off the bank, and he found seventeen fathoms of water. He thought if the men had not been slow they would not have got on to the bank. He could only account for the ship getting on the bank by the tide, or else the lead had not been properly hove. The mate, and the boatswain, who acted as second mate, kept the log in their respective watches. By Mr. Aspinall.—The currents in the Channel were deceptive and irregular. He told the mate, when heaving the lead at six o'clock, to be sure to give him a correct distance, as he intended to sound about seven o'clock.. He would have sounded at seven o'clock had not the jib given way. He believed that after he saw the danger, had not the jib given way, the ship would have gone clear. The vessel suffered material damage ; the keel had to be taken off her. John Owen was then examined. He was chief mate of the vessel. His evidence did not differ in any material point from that of the captain, but was a general corro boration of the foregoing facts. Testimonials were produced speaking highly of the captain, and the proprictom of the ship volunteered to take the captain back into their service if the court ws uld offer no obstruction. After a short consultation, Mr. Prestm said, with the assistance of Captain Harris, they. bad come to the conclusion that Captain Harrison was guilty of a grave error of judgment in not taking a sounding when he found himself opposite the Kish bank._ But looking into the character which he bore, and which had served him in good stead, they had come to the determination that the best thing they could do , was to return him his certificate, in order to enable him to go to sea with the vessel, which was now nearly ready, and to recommend the Board of Trade to severely reprimand him, which they thought would satisfy the justice of the case. The captain was handed his certificate, and the inquir then closed HOUSEKEEPERS.—The Coffee sold by Thompson Brothers, 5, Elliott-street, at Is. 4d., is better than you pay is. Bd. for at any other establishment. HOLLOWAY'S PILLS cure headache, bile, loss of appe tite ; can be taken without danger from wet or cold, and require no restraint from business or pleasure. They act mildly on the bowels, without pains or griping, strengthen the stomach, promote a healthy action of the liver, purify the blood, cleanse the skin, brace the .nerves, and invigorate the whole system. They prove an admirable restorative of a debilitated. constitution, creating appetite, correcting indigestion, removing bile, giddiness, and nervous or sick head=aches. It is impossible to speak too highly of these pills. AMUSEMENTS IN LIVERPOOL.—Open from ten in the morning until ten at night. Allsop's Wax-Work exhibition. All the kings and queens, from and in cludinm William the Conqueror down to Queen Victoria ; also princes and princesses, dukes, duchesses, lords, eminent statesmen, warriors, poets, divines ; also all the most noted personages of the past . and present ages, &c. Allsop's s c u lpt ure ga ll er i es , con t a ining upwards of 3,000 statues, selected from all parts of the world, varying from five to twenty feet in height. Allsop's dioramic, panoramic, cosmoramic, and stereo scopic views, of intense interest. Allsop's musical pro menade. The above attractions are now combined, forming one large establishment, in the immense and: magnificent building known as the Teutonic-hall,. next door but one to the County Court, Lime-street,. Liverpool, and nearly opposite the Adelphi Hotel, and: is open to the public at 6d. each ; children nnder ten years of age, 3d. each. Mr. Allsop's exhibition has. been pronounced by the press of Liverpool, London, and elsewhere, to be the most perfect, superbly magnificent, and largest establishment in the world—a fact that cannot possibly be contradicted. Be sure to observe the name, "Allsop," at the entrance. Sole proprietor, Mr. Wm. Allsop. J. Gorsuch No. 7, Hair-C and Per Parker-street, , begs _most utter respectfully friends and the public for the liberal patrol stowed upon him during the fourteen years ire has been iu business in Liverpool, and, furthermore solicits a continuance of their favour, which it shall ever be his study to deserve. He takes the present opportunity to announce that the late partnership ex isting between himself and James Wynes is dissolved and fiir the future the business will be carried on, at No. 7, Parker-street, under J. Gorsuch's sole superintendence. Boarding Schools attended by the month. Private families waited on 'as usual at their residences. An experienced assistant will be sent round once a 'month to the following places :—Bootle, Seaforth, Waterloo, Crosby Huyton, Bainhill, Runcorn, St. Helen's, Seacombe, Egre moat, New Brighton, Birkenhead Park, Claugh ton, Oxton, and Rock Ferry. J. G. may be consulted personally in all cases of disease in the hair. He calls especial attention to the stimulative properties of his , 4 Circassian Balm," (where the hair is falling off,) of which, and the Milk of Almonds, he is the sole in ventor ; and no other is genuine unless made by J. Gorsuch. to thank his CIRCULAR.--ExchanoT Hair-cutti n g an d Sham - pooing-rooms, ( over the shop of Mr. Turmeau, cigar merchant.) No. 11, Castle-street, Liverpool, August 5, 1 859.—Sir,—In handing you. the inclosed card, permit me to inform you that the partnership hitherto sub sisting between myself and Mr. Gorsuch has terminated by mutual consent. I shall for the future carry on the rooms situate as above, where I trust I may be - favoured with your patronage. Nothing shall be wanting on my part to deserve yoar confidence.—l have the honour to be, sir, your obedient servant, Jamey Wyncs. affluence, was reduced to positive embarraisment, obliged very considerably to retrench in and he might observe to the jury that e mind—such as his was—the loss of posi- deed he his expenditm tion was as severe as the loss of fortune itself. In this state of things he felt himself exposed as a delinquent by the act of the directors, although he had committed no fault. He had waited to the present time, until the five years for which the appointment was made had expired; and now he so company for the course wt him. lit compensation from ti i they had pursued towarc Mr. Thomas Daniells, late manager to the Phcenix injured. The two men were firemen of the pit, Company, was then called by the plaintiff, and examined and were descending the shaft, in order to make by him. He said : I recollect you entering upon the their usual daily examination of the works pre duties of chairman of the Phoenix Company, in Novem- vious to the men commencing labour, when the cage ber, 1853. The business of the company was then in a in which they were suddenly stopped, at a distance of transition state. I recollect some business on behalf of about twenty-five yards from the bottom, having met the company coming up from Cheltenham at this with some obstacle in its progress, as the engine still period. continued working lowering the rope, which dropp e d The plaintiff, at this point, proposed to put in the into the cage. Either just after or just before the deed of agreement between himself and the defendants; unwinding of the rope was completed, the cage fell t 9 but it was objected that it was not stamped, where- the bottom of the shaft, killing Knight on the spot, and upon the plaintiff at once handed £lO, the sum requi- most seriously injuring Valentine, site to legalise the document, and also . a further sum of COLLISION ON THE LANCASTER AND PRESTON RAIL one guinea, to the clerk of the court, as his fee. The WAY.—About a quarter before six o'clock on Tuesday deed was then received and read, and put in evidence. morning, a collision took place at the Maudiand Sta- Examination continued.—l recollect you being dis- tion, Preston, on the Lancaster and Preston Railway. missed from the service of th e com p an y. It was by a An engine belonging to the Lancashire and Yorkshire resolution of the board. [The minute-book of the con- Railway Company, which had brought a luggage train pany was here Noduced, containi ng a minute of the from Manchester that morning, was running out directors, authorising payment of £5OO to the plaintiff of the Maudland Station, and was brought to cross to open an account at Cheltenham.] This was dated the the Lancaster and Preston line of rails, which, at this 21st of November, 1853 . Several other minutes and point, intersects the rails leading to the above-I:aimed exti ' the directors station, when a goods train from the north came_up at racts of resolutions from the books were also read; and one dated the 1 9 th of June, 1854, a rather rapid rate. Before the . Lancashire and to the effect, that Mr. John Lea having failed shire Railway Company's engine could clear . the to bring . the amount of business to the corn- line, the engine was struck by . that . of the h pany which he had represented he would be train, and thrown completely on its side across . enabled to do at the time when the engagement with and down line of rails, the force of the ci him . was entered into, and that, in consequence of his causing the other engine to mount on the top having misapplied the sum of £5OO, and other sums of prostrate one. There is a signal where the . - money which he had re ce i ve d for the purposes of the took place, b ut we un d erstan d that the drive company, he be requested at once to res i gn the off i ce of L ancas hi re an d Y or k s hi re Company' - --- c hairman and director of the company, or otherwise was not tur proceedings would at once be taken against him for the one was in !eilision ured, as the men in charge of each recovery of the money which had been adva nce d t o hi m , l eape d o ff t he tenders a few seconds before the collision. Cross-examined by Mr. Wilde, Q.C.—The business of Several rails were displaced, and the line was not suffi the office was not materially increased after Mr. Lea's ciently cleared to allow of uninterrupted ti gic. gutil appointment, rlaintitr executed the deed on the 16th after ten o'clock in the forenoon. Mr. Wiiodburn conti he 'defendant had no right to seek one farthing from ,hem in this matter ; and, if there was any balance of . . it Ipability to one party Dr the other, was against the Lon, from her s;)wn nesligenee, and which negligence AUGUST 25, 1859.