Northern Times. — Liverpool, Merseyside, England, 1857-12-11 00:00:00

4 PERIAL PARLIAMENT. ROUSE OF LORDS.—TnungDZ. ;_ "jr Lord s hip s me t a t s i x o'clock. Stanley of .A.lierley moved the second reading of % s tink Issues Indemnity Bill, and the stage was passed e n'tis on the understanding that the merits of the 1 : 3 7 should be discussed to morrow (Friday). kk ti Dungannon moved for copies of correspondence ki tit : e to the transmission of troops to India , that it holbiknown whether the most expeditious measures be en adopted by the Government. k tli !Granville, on the ground that the subject wouid be Il eated in the other House, declined to publiqh the , mss at that time. 1: 4 Dungannon, therefore, cons anted to withdra w his , Melville asked for information as to w arnin g s 161 merchants and others of the revolt in India, of . 1 the Government had neglected to avail themselves, A are consequently totally unprepared whe n the out k.. place. 1 4 Z' Granville was understood to say that he did not i pitt Precisely to what information the noble lord al- h nEarl of Derby thought the matter ought not to be 11 7 4 K over lightly, though he admitted that the present *tut not appropriate to the discussion. When the dolt was suppressed then would be the time of inquiry k? , 41 conduct of ministers in regard to it. I T ?owis asked for information as to the assassination British Minister at Peru. . t e Earl of Clarendon said that there was n o reason to Ote the assassination to political motive s. Nothin g 4 4 ' Exceed the regret of the Peruvian Government at °Q•eurrence, and they had offered a reward, as well as ' o tritish Govrnment, for the discovery of the a ssassins. :" the m o tion of Lord Monteagle , a return was ordered Ming the circulation in Scotland and Ireland. 44 e1r . Lordships rose at !six o'clock. HOUSE OF CO M ONS-MURSDAY . Tie Speaker took the chair at four o'clock. It t _. Baring took the oaths and his seat for Thetford. C. Wise presented a petition from the British inha -11;44 of Calcutta and the Bengal Chamber of Commerce, g fur the removal of the government of India from o ,..rtst India Company, and the substitution of the direct wit Oneent of her Majesty the Queen . 47 George Grey said that on receiving the report of the 1 4 Commissioners reYative to the circuits of judge s, he l o ki ltibrnitte I it to the Lord Chief Justice for approval, the reply to his (Sir G. Grey's) letter wou'd be laid Cri th e House. Some of the recommendations of the Zluissioners could only be carried out by Act of Parlia -:$ and it was the intention of Government to take a n Y opportunity of asking assent to bills on the subject. t o the motion of Sir J. Pakingtoe, all correspondence t o t ag to the conveyance of troops to India was ordered 15 e laid on th e table. The Chancellor of the Exchequer gave notice, that in Went of the House acceding to his motion for the reittee on the Bank Act, he should move that it be an t4 t rtietion to the committee to inquire into the causes of recent commercial disasters, and how far they were -(4 2 , (1 by the issue of bank notes. itt • neadlam gave notice, that after the recess he should 1 1 41 :ve for leave to bring in a bill to abolish the distinctions tot.tteen Joint-Stock Banks and other companies with ere to he liability of their partners. t. D sraeli gave notice of the foll o wi n g amend. 414.nett}' to the Chancellor of the Exchequer, for 'Pointneent of a committee on the Bank Act, that in the pinion o f the House no further i nqu i r y was necessary go th e operation of the Bank Act of 1809. In reply to lir. Stewart, Sir a , G . Grey said it was his opinion that it would be ex . e ?Lent to appoint a committee upon the procedures on ''on petitions, with a view to legislation on the subject. I. c B plying to a question from an honourable member, /11 4 . J. D. Fitzgerald said that the probates and letters ti o 4 lroinistrat . on (Ireland) Act, would come into opera .lloll the 11th of January, and it was intended to make l v ision fo r the court in the new building to be erected. 11 , rally to Mr. Collins, ,t t o ;`" Chancellor of the Exchequer said it was not his t4 tioll to ale leave, this session, to introduce a bill on subject of Savings' Banks, but, with the permission of 1 4 11°113 e, after the recess he should propose to re f e r the e relati ng to t h e su bj ec t to a select committee. to t reply to Mr. B irnett, t r• Cowper said it was the intention of the Board of N tle ation after a period to be named, to discontinue all ;Its to R e f orm atory Schools. l i t reply to Mr. Ligon, tt V. Smith sei I that instructions had been sent to the Terriers in the East Indies to forward telegraphs ; but the e l ot " were sometimes sent by consuls, and that accounted O ccasional errors in detail. E 8 J. Pakington naked whether it was true that Lord I tt P 'lostoee telegraphed to Lord Canning that he had ittt l. vessels at Bombay which he cou ld send, if desir e d, tn Zilitate the convoyange of troops overland to India- V. Smith con]. I only say that the Government had Ztb "kmation of such telegram hav in g been transmitted 4 4 11 4 1 t0rd Elphinstone to Lord Canning , but he did not 4 01, k it likely, as Lord Elphinstone had written to the k eminent cf the difficulty of transporting troops to India, ot Znsequence of the transports being e m p lo y ed in con tii°ll with the Persian expedition. e, t i t ? Jelin Pakington asked the Presiden t of the B -a d of tt lt trol, what is the present state of a fund of £70,000, IZ t ed by a donation of Lord Clive in 1705, vho paid a tw'Y that he received to that amount into the East India °tea th t early's treasury at Fort William, to be at interest for tte 84 Pport of the European officers and soldiers who t t elt be disabl or decayed in the company's service in l s hal e and for the widows of offiters and soldiers who l i & it die on service there th o : . V. Smith said he had written to the accountant of h l ndia House for a detailed account, let had not yet 1 1 44 4 ms answer. The Clive fund had long since ceased iF elifit ) an 1 those nominally in receipt of allowance from ilt : t e paid out of the Company's cas h . I reply to Mr. Adderley, l ot 7 t • Lebouchere said, that Governor Sir G. Grey he, tli tt from th e Cape two regiments to India , an d had la: t ed one from New Zealand to India. H',.had also t o 2at £60,000 in specie, and as naagY ) liorses as he e o i7 Provide food for. The inhaWeaval r e of the Cape had lo kf Zt a e g ered to do garrison duj I" Cape Town, and the men bad given up tb P :ir horses to the Govern- t 1 ,0 1 4 wer to Sir J. o kington 4,, v ti Palmerston sa id h e was not aware that the French ItltY latent W., obtained a firman for the troops on their a • ° Po ,ti4ll. alicherry to cross Egyp t. With re g ard to ` 4 ,, 14 -roops taking the Overland route, Lord Stratford .e deliffe had - offered to ask the Porte fora finnan for 1 1 ,4 141 rPose, but the Governor ent had not availed them a-, ea of this route on acc3unt of the difficulties and lt i l ti vihich it would lead to, and because they considered 4O.,."dient that the Mutiny should be put down w ithout . fo re i gn aid. Zro reply t o M r . Fenwick. qttl Palmerston said communications had taken place lid o th e Gove rnm ent of Hanover, with a view to the abo o to. tiv ,..?f the Stade Dues, but the negociations had not at such a point as to enable him to say that there , immediate prospect of a satisfactory arrangement 8 effected, ' the a TUE OATHS BILL. Ni t , _, °llse having gone into a committee to consider the ..1.....„"'Ken by members of Parliament, 4111 — b 7 1 John Russell rose to move for leave to bring in a - ` 1 l'emove the disqualification of persons of the Jewish THE NORTHERN iIiViES,---LIVERPOOL, FRIDAY, DECEMBER 11, iss7. persuasion from sitting in Parliament. He said that the g moral principle of our legiskttion, was not to disqualify from legislative func tions or office on account of religious principle, this principle had been established, both with regard to Protestants, Dissenters, and Roman Catholics. The House was also aware that there was no positive disability affecting her Majes.y's Jewish subjects, and that their exclusion from the House was owing solely to a construc tion put upon the oaths of abjuration That oath was not originally intended for that purpose, and the 40,000 Jewish subjects of her Majesty were actually in the eye of the law 40,000 recusants. On the face of it the oath wakabsurd, for it obliged all the members of the House to swear not to support the claims of persons who had no existence. The bill of last year contained a simple form of oath not similar to that which he introduced in 1848, and intended to be taken by all the members who were not of the Roman Catholic persuasion. That form of oath he proposed to introduce on the present occasion ; but he proposed to add to it, the words of the existing oath—or this—l declare, on the true faith of a Christian. The reason of opposing these words, was, that they had bee . 1 so long in use, as to have acquired, in the eyes of many, a prescriptive value, and the right hon. member for Bucks, and other influential m mbers of the house, had ex- THE BRAMHALL MURDER. VERDICT OF ACQUITTAL, AND GREAT EXCITEMENT. FROM OUR OWN REPORTER: presse'd a wish that they should be retained. He proposed to introduce a clause that, when her Majesty's sztbjects of the Jewish persuasion bad to take the oath, these words should be omitted. In 1847 he introduced a similar bill into the House. That bill and all similar and subsequent bills on the subject had been rejected in the other House, but he hoped there was a fair prospect of the present bill being passed. He had framed the bill in the most concilliatory form. At the end of last year he was informed that the Attorney-General was of opinion that the Act 5 and 6 William 111 , entitled the House to frame a declaration to be taken in lieu of the oaths, if it thought fit. On hearing that this was the opinion of the hon. and learned gentle man, he thought it right that this question shculd be examined by a select committee. The House had agreed to appoint the committee, and the question had been fully debated, the result being an opinion opposed to that given by the Attorney-General. The majority, however, was narrow. A majority of one on the original committee, and of two on the added members of the Long Robe. Fortified by the opinion of the Attorney General and the large minority, he still believed that the Attorneys General was right, and should a neces sity arise, he should net think it right to let the question drop without asking the House to say whether they would or not adopt a declaration instead of an oath for the mem bers under the act 5 and 6 William IV. The House of Commons had, he considered, been remiss in suffering the question to be discussed in courts of law. It was hardly a question for those courts to entertain. It was not com petent for them to decide whether a man had been properly elected, neither was it comp tent for them to say whether the oath had been properly taken or not ; and such was the spirit on which the House of Lords had acted in the case of Lord Wensleydale. They claimed to be able to decide, after her Majesty had by letters patent created a peer, whether that peer had a right to take his seat. S. he believed, the Commons were competent to decide whether a member had taken the eaths in such a manner as to entitle him to take his seat ; and in bringing in the bill, to endeavour to obtain the assent of the whole of the Legislative, he by no means gave up the rights of the Commons as stated by the Attorney-General. His lordship concluded by making the formal motion for the introduction of the bill. Sir F, Thesiger said, it had been a-ranged that there should be no opposition to the introduction of the bill, and the noble lord had engaged that the second reading should not take Owe until afreethe recess; and considering the various shapes and forms on which bills had been introduced, for- the admission of Jews to Parliament, he thought it desirable that they should see what was the particular measure proposed at this particular time, in order to be enabled to decide upon the course proper to be adopted. He could not help congra tulating the noble lord that he had resumed his natural position on this question. The question since the year 1847 had belonged exclusively to the noble lord till he fell into the back ground in 1856, and he was glad to find, that after his various plans on the subject, he had come back to a constitutional course. The Right Hon. Gentleman proceeded to refer, at length, to the various efforts of the noble Ie rd to effect his object, ridiculing the attempt to obtain the admission of Jews by the Act of William Fourth, and stating his determination to oppose, as steadily as he could, the measure which the noble Lord now sought to lay on the table. Mr. Dillwyn supported the bill, though he thought the Jews could be admitted by a resolution of the House. Mr. Bentinck strongly opposed the bill, and expressed his regret that Sir F. Thesiger had not thought it his duty to resist it at that stage. Mr. Cox supported the bill, and hoped, that if the Lords rejected it, the noble Lord would ask the House to admit the Jews by a resolution. Mr. Newdegate warned the House, by the example of France, not to destroy the Christian charac'er of the legislation. Mr. Pease could not conceive how the Christian cha racter of the Legislative could be affected by the removal of mere verbal guards. Mr. Butt also supported the Bill, stating that he could not vote to retain words which, while they x eluded Jews, would admit a Rochester and a Gibbon. Mr. B. Stanhops warned the House against adopting a principle which would ultimately lead to the admission of Hindoos and Mahomedans. Mr. D. Griffiths opposed the Bill. Mr. Walter considered Christianity degraded by the fear that the admission of Jews to Parliament would injure it. Mr. Adams urged the House not to incur the danger of acting at variance with the court of law. Lord John Russell then briefly replied. and leave was given to bring in the bill. Mr Cowper obtained leave to bring in a bill to amend the Public Health Act, 1848. SIR HENRY lIANRLOCK'S ANNUITY BILL. On the motion for the second reading of this bill, . Mr. W. Williams expressed his entire concurrence in the object, and eulogised the services of General Have , lock. Mr. George Bowyer declared his conviction that the sum proposed was not sufficient. He contended that the annuity should be continued to the son of General Have lock, and gave notice that in committee he would move an amendment to that effect. (Hear, hear.) Admiral Napier, Mr. P. O'Brien, Sir H. Verney Mr. Clay, Captain Scott, Sir F Smith, and Mr. Richardson, warmly supported the bill, which was then read a second time, and the committee was ordered for to-morrow. The House adjourned at half-past eight o'clock. FATAL ACCIDENT AT THE BLUEPITS RAILWAY STATION. On Welneslay afternoon, an accident occarrel at the Bluepits station, on the Lancashire and Yorkshire Rlilvray, by which one el' the servants of the company lost his life. On the arrival at that station, from Liver pool, of a goods train, a little before four o'clock, its guard, a man carnal William Swallow, went between two • of the wagger - I , ', for the purpose of uncoupling !hem. He called out to one of the porters to tell the engine driver to back the train, so, as to slacken the spring and chain. The waggons were accordingly backed ; but Swallow prob , hly did not see that on the hindmost of the two trucks there was timber prek cling ft,rwards. The result was that his head was caught between the foreorost waggon and the end of a piece of timber, and E o dreadfully crushed that marks of blood were left upon tle truck. When the wagons partially sepereed, Swal low fell between them, and it appeared that he had not uncoupled them. The wheels went over his legs, which were broken and shockingly lacerated. When taken up he was found to be quite dead. The unfortunate man was removed to the Directors' Arms, adjoining the station, where an inquest will be held this merning. He leaves bshind him, in Liverpool, where he resided, a widow and five children, FORMATION OF AN ASSOCIATION FOR THE PREVENITON OF BOILER EXPLOSIONS. On. Wednesday afternoon a numerous and infl )ential meeting of manufacturers, convened by Mr. Edward Armitage, of the firm of Armitage Brothers, was held in Huddersfield, Johu Brooks, Esq., presiding, at which a letter was read from Mr. Whitworth, secretary of the Manchester As9ociation for the Prevention of Boiler Ex plosions, to the effect that if nine firms, having 35 Milers, were willing to join that association, they would be glad to receive them ; the expense of inspecting boilers at a distance being such as to prevent the as rocistion receiving a less number. A chief inspector would examine the boilers once a sear, and a resident inspector in the district would examine them not less than once in three months. A resolution based on these terms was moved, and two amendments. one for a lccal association for Huddersfield, apd the other for a West Riding associa tion ; but both the amendments were negatived, and the resolution unanimously carried, accepting the offer of the Manchester assoeiation, subject . to their 12. h rule —the appointment of a resident sub-Inspector for the district. Twelve firms, possessing 41 boilers, put down their names to join the assoeiation, and Messrs. E. Armitage and J. W. Carlisle were appointed to carry out the multaions. evidence tended to show thela the prisoner must have desired the prolongation of his father's life,- for if that life were shortened ruin must come to the family. Mr. Warier had been called to prove motive, and he was either mad, semi-mad, &Malignant. He bad never seen such a phenomenon in the witness bol• before ; and his statements wire, to say the leest, grossly and scandalously improbable ; whilst his demeanour was so theatrical that he must inspire the jury with disbelief of his assertions ; in fact, he wad' almost going to say he would not ha g a dog on such evidence. He' asked, then, was the man rase f If so, then his evidence was not worth anything. Was Ito a fool ? Then his evidence was not worth a fig ; and if a conice ton followed in this case, he was sure the jury would not find it on the evidence of Mr. Walker, who so gloated over the prialner as he stood at the bar, and gave evidence against him. The learned counsel urge t the Immense interest at stake on the part of the' prisoner, and sa d he felt sure the jury would be csnvinced of the manifold dis crepancies in the case, and that they would with firmness say that the prisoner was not guilty of the crime which, of all otidere, in this country, was the most abhorred. Moreover, the country - would be saved from the degrading spectacle of the image of God being strangled by the common hangman. From the bottom of his heart he prayed G dto guide the jury to a correct conclusion. The learned sergeant tken sat down, after having addressed the jury foi four k mrs and a quarter. His Lordship having stated she awful nature of the charge, he said it would be quite unnecessary for him to bespeak their calm and earnezt attention to the evidences that hai been given. It would hardly be necessary to warn them to put out of their consideration all that they might have heard of the case oat of the Co-art. They must be guided to their verdict t solely by a partial and calm consideration of the evieence laid before them. That evidenee'vras wand was termed circumstantial. It was known that offences of this kind were often committed evil n no human eye was there to witness the transaction. But when direct evidencefailed, if a train of circumstances was laid before a jury such as to lead them to no other conelusionthan the guilt of the prisoner it was for them to act up-,n the evidence, though not of a direct ten dency. But, though such evidence was to tee received, it was to to deliberately and carefully weighed. A case of suspicion, even of grave suercion, would not j 'stify a' jury in finding a verdict of guilty; tout there must be evidence that led rationally to the etraclu - sion that the prisoner was guilty. The fist ques a tion that would arise for their consideration,- was one which he did not think was attended with any difflealty, viz., whe- her the deceased was murdered by any one, or whether he died by his own haul. But referring to his habits of life, his age, znd the position in which he was lying when fou , d dead. The evidence was such 8: seemed clearly to lead to the conclusion that the wound was not inflicted by himself. tbe next question was, by whom was the wound inflicted, and was it by the prisoner at the bar? The :earned counsel had properly warned them, that that w,s the only question In which their attention was to he directed. But though that was the point for their consideration, matters were involved in the Inquiry. ba'ause if they were faasfiel that an attempt had been made to molest.the family, and that there were robbers in the house, it would go a Rona way to enable them to form a proper ennelustota His r ordship then vroceeded to give a inute description of the house and premises. He then- proceeded to read over the evidence, and to comment upon it. Referring to the evidence as to the shot found in the house of the de ceased, he said that the weight of them proved that they were all of the same kind. The prisoner's counted, however, maintained that no importance could be attached to- the shot. His Lo dship, in continuation, dwelt upon the various facts as disclosed by the evidence. Referring - to the evidence of Iklr. Walker, he observed, without in the slightest degree desiring to cast any discredit on that wanes ee testimony, he thought it was reasonable to conclude that the statement made by the prisoner in regard to the occurrence might be the true one. At all events, it was a fair question fa' the consideration of the Jury. As regarded the paper or wadding found in the deceased's- room, and also on the landing of the stairs near where the prisoner stated he fired the gnn at one of the bu-glara there could be no doubt that the evidence was strcng in support of the hypothesis that they were fram the same sheet or leaf, but he did not think it was equally conclu,ive that the No. 77 of the Cottage Girl, as found in the prisoner's beirooma w.s necessarily fr am the same number of the same publication as the paper tound which form d part of the wadding. After having gone thro"gh all the evidence, his Lordship conclu 4 ed by remarking that unless the jury were positively convirced from the evident , that the prisoner's was the hand that fired the shot they could not find him guilty. If on the other hand, t ey were satisfied that the testimony given on the part of the prosecution clearly and undoubtedly led to that conclusion, then they must convict the prisoner of the crime imputed to him. His Lordship occupied upwards of three hours in cha- ging the j ery. tout one o'clock, the jury retired to consider their verdict. and were absent for a little more than two hours, during Which the deci•ion of the jury absorbed the greatest attention and interest of a densely crowded court, and the hundreds of spectators outs de, who were unable to obtain admission. A few minutes after three o'clock, thb jury r--turned into eaten, amidst a still and breathless silence. CHESTER, THLTItsDAY This morning' rne Cohn't sat at ten o'clock, when His Lordship commenced his summing up, but, before giving an outline of the learned Judge's address, we suyply a summary of Mr. Serjeant Parry's speech on behalf of the prisoner, which occupied between from four and five hours In its delivery, and which in consequence of the want of apace, we were' unable to publish yesterday. Mr. Serjeant Parry said—After this protracted, exciting, and I might almost say, awful enquiry, because the death of ose man has keen proved before you—one of your fellow-creatures has been proved before yon to have been taken away by violence, and the life of another of your fellow-creatures is-now, as it were, awaiting your decision, it would be affectation in Me - if I were to pretend for a moment that I do not rise to address you under feelings of the deepest anxiety. I were to say that I have no anxiety as to the resu lt—the ultimate result—of the case, 1 should belie my own feels ' tugs. But I ouseit to say this—that the anxiety I feel arises, princi pally, from the position hi which I am placed, by no seek ng of my own, but by the accident of my professional life, and the thought that, to some extent, the life of a human being is dependent upon my personal exertions. lam sure, therefore, that you will believe me sincere in the expression of my feelings. and believe that any man mutt. be callous to almost every feeling of humanity, who could fill as I do—for I stand, as it were, between the unfortunate man and the scatted), and !eel upon my energies depended the life of the prisoner, without feeling a deep and most earnest anxiety as to the mode in which I ought to discharge my duty. And whatever my feelings might be, they could not be presumed to compare with sour feelings, because upon your fiat, upon the expression of your mention, the prisoner's lire wh depends. Upon my exertions, if I fail in them, or in any way inadequately discharge the duty which has been given me, I may always, and should always, regret it ; but, gentlemen, the feeling I have upon this subject cannot be anything as csinpared with your own, because I know that any failure of ability on my part wilt be compensated by you and by the learned judge who presides ; but, if there were any failure, or, by any possibility, any error upon your part, remember, gentlemen. that your judgment is irrevocable, and that the life of a fellow-creature depends upon it. I cannot conceive any more solemn duty cast upon a man than that he should sit in judgment upon the life of his fellow men. I dare ray there is not one of you who, prior to your entering the jury -box, knew this young man. I dare say there is not one of you who, when you came to perform the importnnt duty cnst upon you at the assizes, dreamed it would lie your lot to sit in judg ment upon the life of this young man, whir, is, indeed, tl e most awful, however exercised, throughout the whole of our institutions. I cannot consider anything more awful, and I cannot conceive anything more fearfully important. By one word of yours —the one word " guilty"—Yon twelve gentlemen can deprive the young man of the life that is now in him, and you have the ;tower of seeding an immortal soul to a pr.maturejudgment. Gentlemen, do not imagine that I wish here to introduce the thought into your mind of what would be said elsewhere on this subject, if you believe it right to exercise it or not. God forbid that should enter the discussion such as I mutenoat enter, and to which yon must, and we must, all iletea— that I should inir mince anything that is at ale irrelev nt. But I ap peal to you as educated men—as me aof experience—as men wholly understanding the responsibility of this life, and having a hope of the life to come. Is there a duty more fearfal than can bs cast upon you than the duty every one of you now have to discharge, according to his j odgment, upon the evidence before you, of whether you shall declare that this young man shall live or die? Gentlemen, my duty as compared with yours—l was almost repeatine what I had said already—is nothing compared with the responsibility which now hangs upon you. But, gentlemen. what is my duty in this care ? I feel it light in order that I may be thorough y understood hyyou, to state to you in brief but most real and emphatic terms, what it is that I conceive to ba my duty to the unfortunate man at the bar—unfortunate, if he be guilty ; doubly, trebly unfor tenate, if he be innocent. In order that there may be no misunder standees; between u., and in order that you, as far as I can prevent it, shall not be led to the consideration of any false issue, bat that your minds siall be directed to the one single i one which you have to try here to-ray, and that is whether this young man at the bar has been proved, by retie-Me evidence, to be guilty of the vile and asrccious charge hid to him, and in the desigeation of which I don't at all differ from those terms employed by Mr. Welsby, who has opeted this case with an impart a'ity and ability at which I am not surprised, because I know him, but which I tee - it right publicly to acknowledge. Gentlemen, I have said—What is my duty? What is the duty of any man in the profess:on to whico Ibelong, as advocate for one of his fellow-Subjects against whom the vhole power and machinery of the state have been set in operation? What, I a'k, is the advocate's duty, and what is mine? It is not, as my friend told you, or half suggested, that I should point out to you any other person that could have done this deed, or tb at has done this deed. Gentlemen, no such duty is cast upon me—no such painful duty is cast upon you; and when you retire to your room, as you must do, if you begin to ask who else did it, gentlemen, this is a ques ion which you will h eve no right to ask. Forgive me for saying so. It is a question with which I will not pretend to grapple, became I believe it is entirely alien from the legitimate issue now before you for consiieration. I know, gentlemen, in the history of our profestion, instances have occurred in which a ?vete item, in their defencelf prisoners, have expressed their own solemn opinion of their client's innocence—carried away, it may be, by passion, or by strong and existed feeling—bat still they have done so. Geode men, this is an example I never have followed, and never will / m ew i n any Oa'e, however trifling. It cannot be of any impoitance to state what my opinion was. Those who have taken thee - urse, in my opinion, have most seriously damaged the clients whom they indiscreetly and wrong-head -diy sought to serve. Every word I have o say I bog that you will seriously consider, anti, what I desire most earnestly that you should apply your minds to is this ; and this is the only question that I shall ask you, the on'y question that I can ask you , and t hat I ou g ht to ask y ou. And, gentlemen, so strongly do I feel that I am right in my view of what should be the question you should finally ask yourseivs s, and what should be the principle as it were, by which you should be guided in coming to a conclusion upon this intricate, involved, remarkable, and, to 'a great *extent, mysterious ewe. So confident am I that lam not wronz in the question which I am Mama to put into your minds, that I most earnestly and respectfully invite my lord's attenti in to what I say; and I verily bdieve his lordship will confirm and sanction that principle when he comes to sum up the evidence which is t ally to guide ;mu —to sues it up in this calm, clear linen - passsicned, and nude cted manner. I ask you not to tame away the li'e of leis term man, unless yon are cm vinced, by the various facts tint love been brought before yon—that unless you are as stronzly mentallytenv-need that he did this deed, as though with your own physisal eytyou ha I seen him do it. No mortal eye saw this deed done, but the man who did it. No mortal eye saw this deed done ; and you have tcsay, by a number of circumstances, more or less important, that the prisoner at the bar did it: And, I ask, can you cense r from the evidence proved before you, to the result of the prisoner's guilt by the tires' tible fact of a c mvietion teat shall impress the scene rat the Med upon your minds so strongly and clearly as if you yoursel "es, wehyour phys'eal eyes, hod seen it done ? Gen tlemen of the jury, you ale to come to this conclusion. By what means 1 By the evidence hat has been adduced before you; and in considering tke evidence yea c n may ask yourselves this one ques tion—not did any other man do it, not who else did it, not how c. uld it have been done but is it proved to your satisfaction, sitting it a court of life and death, minister', as it were, of doom -is it proved to your satisfaction that this young man did it' I loupe and believe you will say he dalnot. Amid now, we mmt not travel out 'of this theory; we must not embarras t our mind •tvi h any collateral inquiries. There are mysterious (acts connectedeith the case 1 grant; but is that at all inconsistent with the pristner's innocence? Wh7, there are mysteries such as these whirl for thmsands of years have I een fl -sting about tie world, sort never have beer,, and never can be, solved by human ken. Gentlemsn knowing this, Ti am ture you will not allow the mysteiies Omit this case to influence you in deeieing ti at this young man dis tee des i ; and hope not to be mistaken in alluding again to the, fearful responsibility dirt has been place dio your handef t o ur g e u p on y ou the imm ense imeo r- tance that you shouldta'ow aside every collateral and irrevaleut matter, ant ge t ' meepiy and solely with the lasts proved before you. Now, gentlemen, the evidentr is of a peculiar character My friend, Mr. Weltby, delinecl that endence, and the nature of it, in a few short words, to which I offer no ()ejection. hat it is evi dence that at ilinesenisieads, we all knew; ant he well knew. But, gentlemen, I admit that, if evidence that coheres together, from beginning to end, every fact, and every -ircamsts.nce—tant if drown st intial evidence coheres together from teginnin to end, leavirg no gap, mush less any gulf, betweeti any potion and tha other, I admit that it is evidence well worthy the cow:iteration of any men that are fiveitigating truth. True it is (and ia acing this I do not moan to doe r you from the performance of your suty); true it is that upon circnmstattial evidence the lives of twee:: innoeent eeople have been forfeited ; true it is that upon emitaistantal evidence, the liberties of many innocent people have, ere noe been curtsi:ed. Gen tlemen, if this were a ease in which, after your verdict was delivered, and the sentence executed, a further inquiry coulel take place, and if wrong had been dote, that the pr'soner could be righted, I might not de-and from you such anxious attention (although I have no done that every question submitted to you affecting the liberties and haminess of your fellow cre mutes would receive anxious attention) as - do in this case; on whieh, if you deliver your verd.et, it (satinet be a. seed ; and, if wrong J. P. G. smith. Esq. be done, it cannot be made right. lam aware, a rate or this kind Sim —I have reteivei bill of lading fro„ you for 7,007 bushels oi which excite t a great deal of attsntioa, tee dente in the neighbour- Indian corn, per Southampton. sold tot Sissirs. John Bingham and hood, end far beyond the neighbourhood where thieereib'e catastrophe Co , whose acceptance fir the amount will be paid to the le ink took place,—l have no doubt thet private discussons amongst men opposite, by . acceptance for £l,lOO, whieh you hays guaranteed in their so sal intercourse nave talon place. Pubic ath at ass:ans may I am, dear Sir, your's truly, JoaN BOnEaTr. hare taken place in the press. It is the dnt y of ti e p r e ss to , s p ort To Borough Bank. these matters ; but, whilst rho m in ima is depend inget is not the duty . It seemed, as they would have observed in the first letter, that the of the press to urge the unt i l or innocence of tho prttes coiLerned. b Ils of lading were sent dawn front the different palates who held it is their duty to lie by untl tae.guilt be proved or diarove 1, in order them, to the itoreug'n Bank ; &ad, upen the receipt of them, the that no men's life may be imperrieed by their obsonationa. Irm Berousth Bank were in the halt of grantinz Mr. Dohetty's acceptance perfectly ignorant wh ther anything of that kind ialien place in of somebody ha se's draft ; aalmostd immediately after that, Mr. this county; but, in any case , I b e g of You, gentlernee to consider Doherty, who frequent ly sold- ois before they arrived, was this case as if you Lever heard of it before, and n foliow the in the habit of going to the Bo! ough Bank with such a letter as tint evidence alone that has beg' de:ailed to you during the swo days in- which came second in each of the cases ; anti upon the represen quirt,. Wow, gentlemen, I bode I have ma'-io myself uadostood as to tations which he had made, both in the first letter and the sec , nd, the cznrse I shall pursue, and as to the questions to wheth I shall that the g lola had been sold t c a particular party, the Messrs. direct your minds. In many of the obeervatons that I matte to you, Bingham, he would obtain a bill of ladlrg, to take away and deli er ; gent'emen, you tray perhaps dis igoe—in some, of them I cannot but and the Borough Bank had sufficient confidence that he wall bring hope yen will coneur ; and I think I shall be ob'e to demonstrate to back the price of those goo's. Th-y allowed him to take away the you that it is not, that it cannel be, and that it ought netnetts te, veer bill of lading leteose he deposited the ace ptance with them. The duty to take awe) , this young man's life. I think I shall be able to charge made against Doherty was that he hal net in either case sold demonst ate to you that, without doing ititwice to any humanising the goods to Messrs. 11 ngham—that by mea , sof a false pretence —without violating the public justice of the country which yell are he obtained the bill of lading from the bank. That transachayti es called upon to admiiiister , you m a y be s p ared the duty which many horn also upon the next one ; for it appeared, that ng of you never have been c lied to discharge before, and which Ia n sure made that false pretence to she bank, the bills had gone it is your hope you may be never celled upon to eisebarge again—that down to Messrs. Bingham to be accepted ; and no goods having been you may be spared the performance of the painful task which wonlo sold to them—not hoeing received any bids of lading, because Mr. result inaverdiatofguiltyagainsttheprisoner. Now, gentlemen, there 'Doherty ha I not taken them. and, there'ore, having no t-ansiction are, no doubt, a groat m a n y circumstances that press against this of the sort with him—they naturally did not accep t. The bills sent young man. There are circumstances:of suspicion, which I should. tavern by the bank r mained with them ; and, after a while, the be mentally blind if I did no t see, a g ainst him. Gentlemen, it may lank not getting them again , s ent for Mg- Doherty. Mr. Doherty be them ate circumstances of grave suspicion; but I say to you, and Went to the bank. A conversaticneastiedeand the tie. essity existed for I know I shall be confirmed by higher authority in whtt I say, that Ail. Doherty to get the acceptance of Messrs. Bingham. Mr. Doherty unless you have an absolute certainty Of guilt, yen must acquit this west down to the Messrs. Bingham, and had an interview wit a them, young man ; that is, you must ray he is not proved to be guilty. and he told them that he wanted their acceptance to two b'lls for Forgite me, if I hasp, as it were, too much upon cleat string ; but, Z 1,210 and £1,700 respectively, the.e being the amounts for which I, gentlemen, in my short experience, and in a larger extent of reading hehaaauthorised the Borough Dank, to send dowel his bills to them. than my personal exercise goes, I have known many fatal and set ious having had naeranseetion with hire of the sort he errors commitet because the minds of men were not directed to the had staled, wanted some security. He offered several securities, right point they had to consider. I hope you evil not think there wet a bill, not worth reutch ;an acceptance of somebody, ese's I am wanting in appreciation of your intellect and jadg - and also LsMall bill of laning, which was totally inede ment, when I over and over again reiterate that the amount for which he wanted to give theta security. Vaa s a w a s al o only thing yon have to consider is tae the ease a sman balLece in their Imelda due to him—all of whist: h went partially proved to moral certainty and demonstration inst the young to makeup tie securitet. But the substantial (Ula r a to the „ ' 4 :of security which ho man at the bar ? Grave suspicion there may be ; but in this country ffered them vas a bill of lodine ot 1, Mei brie. fieumper the Centurion. we beast that no man's life, ro, man's liberty, can tie taken upon The jury wouli be aware with et gara bids of lading that when suspicion We proceed mien sieve; absolute certainties.. Wo scan the goods wetep.ut on bearal atia, abroad the la ds g his hands them in the moral world as we seek them in the physical world. We to several billata ladinge b s After one was used, the others became find out thus the laws of nature that are able me and universal by void at d imam. m s neee enne''..y, therefore, when one commercial m an phy deal experiment. We seek out a fact that is to be arrive d at by offered to anothty Wt . of lading for security, the understanding was mo ral investigation. Both in the one case and in the other, in the that such bill ci,f 'y di a ng was the flst of the set - that no other bill of physical law as well as to the moral , we shou ld never p roceed except lading Of 41111.0 hal been mee use of, at all events with the upon principles that are absolute and certain , and nothin g less should knotillegeo 'se the prey who offered it. There fore, the mere fact of satisfy us when We sit is judgment upon a fel ow-crea'ure. Then, is ofegmen ., a bill of lading as security, was a pretence that it was a good :his young man proved to be guilty? I have adm it t ed that there are a .6r":fitY, ant that no ether bill of lading of that set had been used. circumstances of suspicion against him. - I shall deal with tiletie Air. Doherty in that way pi etentlei to Messrs. Bingham that his bill circumstancss seriatim , - step by step. I will not shrink from one lof lading was a good security. This tr ansaction took p lace on the of them ; and I shalt admit in d e t ail, what I have admitted go y arally, 13th May. True. the Cinturion weft expected to come in, and it did and I thick I shall be able to show yen that thefe is proved come in, in about a fortnight; and therefore little might be before us, are irreconcilable wta the vaunts • - man's guilt, said ab ,ut the improbisl ty of Mr. Doherty milting this false The learned counsel then at great length prootedea, to analyse the pretence when he expectet the ship so soon. Now, some time after evidence, and, in conclusion, he said that the n e'.oseention had en- that, Mr. Doherty had has occasion for a guarantee of the same deavoured to prove the motive which the TOP' reh9ieq g( th i s c rime, bat it had b alter had for the corn - natu r e. He bad occasion to deposit with a respectablm gentleman nee -Adißlr 10'...aently proved that the in this WWII o)metblog 54 lietsa kluttback t catehsiTely The i'd , rk of the Crown :hen addressed the foreman : Now say yon; do you find James nr4uson Henderson guilty, or not guilty? The F,reman : We find him " Not gulty." The announcement of the verdict was evidently received with amazement by the gre tt body of spectators present', although a cheer from the beck of the court followed the decision. This unseemly exhibition was a at once snpdressed by the officer of the court. 'the prisoner himself, on the verdict being delivered, appeared unusually ela.ed, and at the moment the cheering took place, he lifted up his cap which be seemed ab nit to waive as if in triumph, but was prevented from doing so by one of the officers in c'iarge of him, and he was at once removed from the dock. In the evening, a little before seven o'c ock. he was discharged, and o 3 leav ng the castle, he was met at the gates by his brother Thom is, and a friend, and in th! it company lest in a cab. Later in the evening he left Chester by railway, and it was understood that he went to his home at Hardy's Hall. The excitement outside the court, and in all par's of the city, was tremendous on the verdict being announce". The decision of the jury spread in a few moments with the radidity of lightning, and in alm• st every direction groups of people might be seen discussing the result, and looking at each other in the greatest bewilderm nt The general c •nclusion at which the public seemed to have arrived was, that the speech of Mr. Sergeant Parry had had i4s effect. LANCASHIRE WINTER ASSIZES. engaged in the corn trade. On the 6111 of May. a week before the transaction with Messrs. Bingham, Mr. Doh:rty wrote to Mr. Hnbback as follows: Dear sin — Enclosed yoB have the bills of lading as Ma a y rr 6 ln l g l e s d 7 .. You will much oklige me bi Prating your name on the enclosed drafr, as Irequire it this evening to send to Landon. I hope yotm r o eo one eof yours,sa the will net disapeoint me. I ascertained at your effix where you had gone, and I take the liberty rf seraing this to you. A copy of the bill h's been taken at the office, so al that is required is your name ,— JOAN 1)011ERTY. m o b f ill in s o o n f e l:_d s iZg o la f r o g r e th a e Csntarion ; and the nature of that transaction was the deposit of that bill of lading as Very }lceuer f tc a yl l hs for f edl a ly large sum as to make the ssecind bill of lading practically, as w e ll as legally, of no value whatever. Something.might le said about some possible mistake on the part of Mr. Dotter y. In the first place, he (fr. A) should ask them to look at the catheMe improbability of such a state of things Did they think it towable Mr. Doherty, uncle? such circumstances, could lect unaware he had received from Mr Hubback already large advances en one bill of landing, and have so large a sum as to cover the secon t bill. It might b said there was some mistake as to the bill of lading to which that did relate. Ho shoulo be able to prove convemaions with Mr. Hubback and Mr. Bingham, show ing, beyond all doubt, that tile intention in fella cases, was to offer the identical same goods as security. Upon tlI bill of lading Being offered to Messrs. Bingham, they consented .; to accept the two dials drawn by Mr. Doherty upon them, which were tendered to them by him. He' had obtoined them from the 'Borough Bank ; anal the result was, not that the bills were given back to Mr. Dolienay, but sent by Messrs. Bingham's clerk to the Borough Bank. Those were the facts. With reference . to, the emend transaction, he drug d Mr. Doherty, by means oil falsely pretending to Messrs. Bingham that thin bill of lading was available security, and that no bill' of lading of the same set had been need so as to maks it useless; Itat by means of that false pretence, which was made—in fact it wasenot necessary it should be made in worths— he induced Messrs. Bingham to accept those bills of exchange he • then presented to them. Having sated the facts, he proceeded to state what his (Mr. Aspinains) position was with retard to the evid Wee and how fir he was in a position to prove what he bad stated. With regard to the Mansur: ions with the Borough Bank, he w is not in a position to say that r on the pa t of the prosecution, they had, as they should has e expetra ',any hearty co-operation from the Borough '2ank. He ahonl tee able to prove the letters ; arid from tlae mouths of Messrs. Bi glum, that the representations made : were false. But he was not able to produce Mr. Smith. There- • fo - e he could only prove the pretence and its falsehood, and that the bills of lading were after Met received by Mr. Doherty from the itoronah . Bank. It was only by Mr. Smith's authorite that the b i lls of lading rend be delivered no. He could not prove the cite which operatedicn the mind of Mr. saatith ;;his Lon stilt . Surely there is no difficulty in gettirg him. Mr. .a spinall: We have left the subpoena in every direction, bat can oot lind him. The learn d coun sel then called his lordship's attention to the case. Queen a. Danger— a decislo aof thin iii ;hest court of criminal appal. The decree was to the following effect:—That although it is an offence beyond all doubt under the statute to obtain by means of false pretences any money, goods, or valuable 'securities from another person; yet, it is not a false preten. e to obtain from a person a bill of exchange, which you present to him ; s orenanst obtain from him security which is in his own hands beforehand, and which is his property That was the state of the law, but he coniessel he had Considered the matter, and had the greatest difficulty in seeing the distinction tctween this case and that. In the examination b fore the magistrate, it was thought tat the bill had been handed back by Mr. Doherty, and that it hand been previously endorsed by the Borough Ilantlyand w is the property o' the Borough Bank—and therefore it might be sad to have obtaineri avs nab e security on the property of the Borough Bank. Bur the evidence was now that th bills were never - delivered to him ; an he did was to incline tbo Messrs. Bingham , to accept the bills. His Lordship : They never were in his hands at all. Mr. Aspinall : Never, after acceptance. He thought it was del lorable such a state of law should exist in a commercial c ,untry. Lordshi : This case seems rather a fortiori; because it supposes the bill of exchange atter the acceietance is r olivine, dto a person who delieers it. In his hands it was nothing ; because, if it was obtaine I 9 f else pretences he could not have enforced payment, In your case, it never goes into his hinds at all. if that is so, I don't see how you can maintain your grow d. I understarA tne difficulty under w'.ich you lebo ,r, in the absence cf Mr. Smith. Mr. Aspinall : My Lord, everything has been done to procure the attendance of Mr. Smith. His Lordship: Except serving him with a sunpeena. Mr. Aspinall : He was left almost to the last because it could not to -apposed he would be difficult to serve at aey time. ThD subpw a has be n left, both at his resid-nce and at the bank. H s Lordsla said the case could not be proved without him. Unless they had Mr. Smith they could not prove the false pretence. This was the first difficulty. Mr. Aspinan :We can prove the false pretence, but we cannot prove it was the fade p eten e which induced Mr. S oilth to part wilt the bills of lading. His Lordship : But that is tlae essence of the case—that any fslae pretence was made to him to Induce him to pass the hi 's of lading. It you cannon produce Mr. Smith there is no evidence. With respect to the rest, it is an a forlio i case. The opening has, therefore, occupied the time of the jury :et: no reasonable purpose. Yoa are bound to acquit the prisoner. The prosecution not offering any evidence, the jury returned a verdict of "not guilty,"nand Mr. Doiserty was immediately discharged. BURGLARY AT WARRING rON.—Peter Barnett, aged 22, p _inter, James James Emery, 32, spinner, Francis Williams. 27, tailor, Ann Thorn• ton, 20. dressmaker, ant Elea Williams. 23. char omen, stood in Meted with having. on the 18th Novemb r last, at Warrington, burglarious y entered the dwelling house of Jame i Wazstaff, aid sto'en therefrom some provisions, a silver spoon, and other articles. lha pri sonar Barnett plaided sonny ; the titer pris• ners, not gully. The prose utor is this case James Wagstaff, three in Fat clongh-lane, a retired hart of the town of Warrington. On the night of the ' Bth of Novi mber. before re iring to rest, he saw thaat all his decors -an' windows were secure, but on getting up t e next morning, he found that an env seance ha I been effected to the home through the scullery w ndow, and two tongues, silver croons, a copper Ma kettle, a silver cream jag, and other articles had been stolen. Information was given to tee police, who, footsteps and other indications, at 'once proceed , d to a cottons in which the p - isener Barnett lived, and these they found all the prisoners. am I the pro erty stolen. The male prisoners were tit , en into custody, and on the following day; the two f-male prisoners were discovered endeavouring to seeret the remainder. The juiy acquitted Francis Williams, but f iund Emery guilty of burglary, and Ann Thornton and Ellen Williams guilty of recent ig the property, knowing it to be sio en. Emery, against whom a previous conviction was moved, and who having Been for that offe ice sentenced to ten years transportation, but subsequently libera cd on a ticket-of-leava. was pew sentenced to six years penal servitude. Barnett, against who n also a previous conviction for felony was proved, was se :lanced to tour years penal servitude; and Ann Thornt nand Ellen Williams were sentenced each to six months imprisonment, w ith bar 1 labour. ATTEMPT TO PuISON A WIN a By A HUSBAND —John Guy, a cart owner. anal 48. was paced on hi , trial charged with an attempt to murder his wife, Mary Guy. by administering to her a deadly poison. Mr. Simon and Mr. Bolton appeared en the prosecution. art the prisoner was d fended by Mr. Atkinson. From the opening statement of Mr. Simon. it appeared th it the prisoner was a care owner in this tow , living in nheapolde, and that•he was married to his present aril second wife obeli' fo r years aco. The marriage rid not turn out a hap a y one, and frequent altercations took place betel , en them with reenict to a woman named Nelson. who had excited the well-founded jealousy of th- wif'. Indeed, Gny openly cohabited with this woman—eves trought her to his own house, and encouraged her to abuse his lawful wife. On the 17th November, his wife: felt in-isposed, and went to consult Dr. Gam as. That gentleman was not at home, but. in his aaaence, his assistant suppled her wth a b itt e oe medicine, which she took from day to day up to the 21st of the month. She extierienced no ill effects from the medicine, but on the contrary was benefitted by it. On Sunday the 22nd, she and the prisoner again quarrelled. He lay in bed until a late lour that day, and when she went no to the room ho became very v olent, an i chased her dewn the stairs. She took none of the medicine that diy.bue, the next morning she went to the bottle, which she kept on the of the bedroom window, and to which the prisoner had, of course, access, and took a dose of the medicine, She was immediately seized with innem, and began to vomit. I:-- stector tinggim, who celled at the house sheltie afterwards, took the bottle. the cup in which the medicine was taken, and the fluid which Pars. Gay threw off her stotnacin and in all white art epic was dis covered. How or by whom the ars nit was put in the bottle could not be proved, bat sutler-ion st once fell on the erimeer, and he was taken into custody on the r barge. Tie following evidence was called : Mary nu) , ewcrn and examined—ls the wife of the prisoner Has been married to bins about four years. Lives in Chemist:to, in Liver patl. Ou the 17th of November last she went and got a bottle of mod eine from a shop. She took it home, and took two spoonfuls of it. On the 21st the prisoner slept at home with me. Oa the follow ing mernmg she had some won's about not b isle at horn e. She saw her daughter in the -,aril, and sent ler into the bedroom. The brittle of medicine W , S kept in the bedroom, and was there at the time her husband was in. bid. On the next day when she got up .he took some of the medicine. She put it into a tea cup and the taste of it was rather sandy. After she had tak-n it she felt rather unwell, and was sick. After that she took some csfine. She vomited about a quarter of an hour after she took the medicine. stn the Monday following Inspector Dneg in came on sonic other business, and from what she s ad to him, he tooe away the battle of medicine, and the jars contain ng what sloe had swim' ed. After that twin surgeons visited her. She had sometimes lived on the beat terms with her husband, an I some times rather toeghly with him. Wileir they hart any words, it wes about some women. About two years ago-there was s me arsenic in the house. Mary Francis Shannon, the (laugher of the prooccutrix a girl about 12 years of ace, was next colloid. She said her motner and the pi 'rimier had not always lived on good term?. 1 hey quarrelled because a woman used to go into the- market after her father. She fail heord the prisons - c her bad names. She never recollected her mother taking the medicine. She never saw any bottle. She never saw the bottle produced. She ne:er saw hoc father do any with a hoti le it the bedrooni. Ereye His 3 ordship stormedethe case, as there was no evidence to prove that the prisoner had wthully administered any arsenic to the aroseentrix, therefore it wee no .use proceeding any furth , r. Thenery then returned a verdict of " Not Galt , '," an I the prisoner was ab once discha god. HIGU WAY ROBBERY AT Cease ay Chamberlain, egedi 28, ouarrym in, Robert Leigh, 31, weaver, William Riding, 35; weaver, William Chem , erlain, 50. and .ono Chamberlain 63, were chargel will. robbing a female named Mrs. Hatchison, of seven half crowns at Whittle, near Chorley, on the 27th nit In this case the prose cut-ix lived at Cherie; with her husband, who had left that place for Liverpool. On the day in qussti n, the prosenutrix left her home fur the purpose of going to raect her husband, and 1.4 do that she had to go by traits to the station. On her way there she called at the house of the prisoners Chamberiain, the father, mother, and son, all of whom were pres at. when, as her dye's was being adjusted, they had an opportunity of seeing her purse, which con ' Mined tire money. After she had left and got a short distance on the road, the. prinoner William Ch mberlain jammed over a hedge, tollowod by soma other persons, and demanded her raeney which they subsequently tonlinfrom her by force- Each of the prisoners were 'dentine I by the several witnesses called for the orosecntien. Tile jury could not agree, and were locked up for thranight. 'rile Court rose abant eight o'clock. SOCIETY OF FRIENDS OF 'FOREIGNERS IN DLSIRESS. The annual meetinc of the• Society of Frien's of Foreigners in Ticress, was he d in the Clareldon-rooms, at twelve o'clock, ye,te,rday. The Mayor, James Fft:Mae,.Fsry., presided. 'The follow ing gentlemen wera present :---Itev. A. Sttinthall, 11. Loloyns, J. Samuels°, J. Prange, G. A. Muller s, 0. Borchardt, C. Stoess, H. Stolterfoht, S. Stolteriiht, W. Kanhardt, and F. Engel. The Chairman tail two friends of the society having called noon him to request him to take the chair on the present occasion, it had given him Irma*: pleasure to secede to their wish. The otjects of the stiety were so meritorious in them-elves, that he was sure no comment vute required upon his part. If there was oust situation in the life of A human being nhen he felt truly forlorn, it was whoa he landed in a foreign country, unable to speak its language, and without the mean. as was freu a. ently th. c , e, of procuring sinight's lodging. This society , providTd 'or such cases, and he hoped that nts i:1131 an l og the g' eat commercial distress which now hong t, ov n•t er.. t this country, the lands of the society would receive the sup_ or ofonly who for felt's s located in ia wi t t i h ve th, rpo w ol a , ,, h ts u o t f ofth their rll fellowkin erCheartluratiesan friends . bute of ""unts th . ( . l (Ilea", hear.) Mr. Bencke, Treasurer, in reading Mr. 9amuelson, Honorary Secre'sry, then read the report. expre!sed some regret that Englishmen in Livzrpool did not aff4rd the annul l tern Aat thu society more support, and alluded toe he fact—as ant instance of the good done by the society— the that it not ohe soc'ety, recent Vial of Captain Rogers for crip.-Ities indicted on an Eng lishman, would probibly never have taken Olen. He mentioned that Lo)rejigtn:ervserneswidhienng rienpLuivteearplyoolcawilluvmerym ; li a b n e d ra p l ai l d n s a np h p i o g r h ti t n ri g to the exertions and services of Mr. Hartmann, the Assistant Secretary. The report and statement of amounts were unanimously adopted. Mr. Prange was re-elected Vice-President, Mr. T. A. Hencke Treasuter, and Mr. Jangtn Sal:011e1son elected Honoary secretary i n the r orn of Mr. Pieta, whet has ceased to reside in r Liverpool. ' Votes of thanks were passed to the officers and committee, and to the Mayor for his kin@ness in presidiAg' °,l, after which the pro diP§q teral lWed, _ - . ,-- - . THURSDAY. Mr. Justice Wiehtman took la's seat on the Bench this morning precisely at nine o'clock. ACQUiPT L of A LIVERPOOL INIERCRANT.—John Doherty, a mer• chant, surrendered, having been out en bail, to taka his on an indictment charging him with having, at Liverpool, on the 13th of May, 1857, by cr-rtain false pretences, obtained from John Bingham, and on other certain valuable securities, to wit, two bills of exchange, with intentto cheat and defraud the said John Bingham. Mr. Aspinall, appeared for the prosecution, and Mr. Overend and M. Brett for the defendant. Mr. AspinalL having stated the charge against the defen dant, proceeded to state his transactions with the Borough Bank, and the itup:lcit confidence that was placed in hint, and then stated the circumstances under which the charge was made—the whole facts of which have already been published in the columns of this journal—and theA to say that he thcuelit it would be best, for t e instruction of the jury, to gve a history of rha case, as far as related t i the r!orough .Bank, fro n which it appeared a course of business had arisen betw en Mr. Doherty and the Borough Bank, which the jury would be of opinion was rather a loose one, and which probably held out tome temptations, but which would he best explained by stating exlctly what took pi •ce u'on the particular occasion, when it w s charged the prisoner made false pretences to the Borough B ,nk. On the ' 22nd Apri , , 1857, Mr. Smith, the manager of the Rarough Bank, received from the prisoner a letter to the following effect: — Liverpool, April 22, 1857. J. P. G. Smith, Esq. Dear Slr,—On receipt of a bill of lali , g for 10,584 bushels of Indian corn, per Webster, from Overend. G irney, and Co., picas give them s guaran'es that any acclatai;ce•to Mr. James Dohert''s draft for £1,650. due as per enclosed advice, will he paid at maturity. The corn is sold to Messrs. John Bingh do and Co., whose acc:pta , ce for the amount will be p:dd o the bank.—l am, dear Sir, fou , 's truly, JOHN DonEwnr. On the same day he receives from the prisoner another letter, which ran as follows : Liverpool, 22nd April, 1857. J. P. G. Smith, Esq. Sir,—l have received bill of lading from you for 10,584 bushels InHan corn, per Webster, , o'tl to 'eslrs. John B nr„liam and Co., whose acceptance for the amount will be paid to the bank opposite, by acceptance for £1,650, which you have guaranterd. arn, dear Sir, your's truly, JOIIN DOITEETT. To Borough Eianx., On the 2Sth of April Mr. Smith received two ether letters, of pre cisely the same character, but relating to ano 11.,* parcel of goods. Mr. Overend: I mutt oliPict to my friend taking two cases. Air. Aspinali : There are two cliff:rent parcels r.f gooils mentioned in the indictment ; the two first counts allude to one, and the other counts to another. Mr. Overend : Then you confine yoarsclf to the 22nd and the 23th. 111 r. Aspinal 1 : Ye'. The fallowing were the other two letters :—• 28th April, 2357. J. P. G. Smith, Esq. Dear Sir.—On receipt of a bill rf lading for 7 - ,017 bu,hels Indian corn, per Southamt.ton, from Mersrs. St,:ra Brothers. plea•e giv - them guarantee that my acceptance to Mr. James libhertz's dra't for 41,100, due as per erclotel advice, will be paid at ma urity. Too corn is sold to Mesers. John Bingham and Co., whose accept ance for the amount will be p•id so tho. bant..—l am, des sir, your'. truly, JOHN DOHLE,TY. DOCK COMMITTEE. q'be weekly meeting of the Dock Committee was held, at ens o'clo yesteressy ; Mr. Charles Turner presided, and the other gentle:Den present were—Messrs. Rankin, Robinson, Br o kletank, Evans, ,Sledstone, Anderson, Mondell , Hubback , Bold, Rounthwatte, Littledale, Lecke: t, and Banned. Th e Commeittee of Works recommended that a final don ition of ,e 5 s hould be given to William Heath s, form e rl y mil llwright ployed under th'etrast. The recommendation wsS confirmed. 'rho tender of Messrs. JaCkton and Ronalds was accepted for bleach canvass, and that of Messrs. Robert An :erstra & Co. for lead pipes. • Mr. Bold referred , ct the correspendenee which had takeh place between Mr. H. Little:l'Blcent the town clerk, relative is Mr. Little , dale's wool cargoes and The Liverpool docks. and suggested that the waiehanse snperieterdeuteeilionld be metered to make returns show. ing how the delay in landingethe cargoes had arisen. The subject was referred to she Wareli. use - Committee. An offer from Messrs. Nayleel & Co., to erssent thll eons. mittee with one of their cast-sient bells to be placed upon the new landing stage, was acct pted w th thanks. The Flarbear Master's Cerninarees reported In reference to an application made last Thursday, thee they decliined to recommend . any increase of wages to the keeper's of tr•.e timber qua a, bet reeommenered that their hours of attemlance shonlce"be nom eight o'clock a.nti. to five p.m., the polled - to :discharge the duties up to' • efeht p.m The recenimendation was comirmed. A letter froth Mr. E. Gammidge, eMployed as regletral of cbek voters, at a salary of £129 a ye r regnestl ag an incre zr.o of salary in consequelee of long servitude and' r. uugmented ditties, wail referred': o the Vinenee Committee. A Mom rial from• the cart-el:mars I ocempying the stem] en the west side of Victoria cock, camplataing ceinconvenience cartecci by the bridge betweeet the Victoria and the . Trafalgar dockd 'being frequently opened irrespective of tide time, and complainieg as welt 'of the distance of the etaed from Waterlectereace, was referred to the Harbour Nester's Committee. THE NEW Ta.UsIa—QuALIFICATIO7-10R EtrcrioN. 'Mr. Glae stone teeter/el that some enxietyitonsted out of doors with reference to the mode of eedion to the new ',Lofted. Ile did net know whet:err Mr. North had anything to stetelipon the subject, in what manner the votes were . to be taken, ancewhat was to be donee' in fact, what Would be theeeffett e in that reepece, of the Mersey Con wervaney B It. Mr. North, the Solicitor, state that that suleeet wail altogether ander the to ',trot of the erst election of the tenservegicy Board. lln had been in correspondentewith Admiral Erna?, wile a view to having the arriteeements peteteted. They were in prOgleeete, he was sure, bit nothing had been yet subs gritted tohim. Mr. Gladstone -Rot th election takes place upon the Ist of Jan., arleth' is very fast aeproaching. The Solicitor: I wrote 'only ontMonday on the subeette Mr. Evans: f Deistic this is the- fitting Um , to make semen:marks with regard to that election, andletine the discession ough I to• go ca now before the ropor%we leave the room. The. So icitor read the litter, dated , D'ete 7, which ho hs d adtiressed to Admiral Evans, nreing t - at as the . time was fast approaching, tae arranzements for the etectioa shaeld' be concluded. reMr. Evans: I suppcse we have not lest all right of lnterferirser hr tte arrareeements'whieli meet' be nettitaately decided upon e• . The Soliele,r : 1 think we have no - peer at all, except rush at they delegate tome. Mr. Evaue But we ratty mare representation. Thb cheer rations I want to make, will not, I hope, bs et:Maiden:l invidious, ftr they are not at ail intended as seals—he fact quite otherwesee I world rather regret that they should lead to any Inconvenlesre whatever ; but I ere conseder that the elfseecter of the town, Led the hereafter good government of the trust.; will, depend in a great'degrze neon the parity of the election. New; sir I hear it openly: stated that fictitious qualifications are bring 'get up' for those who have not legal qualifications. The obje, tof the leg's ' ?tisane is to confine the trust to those who can show evidence of their' hiving an intereet in the wersbeing of the trust; and to co ammeence with an elections upon openly corrupt principles, I should think, woo d he utterly ruinous be eaftee for it no doubt would not leisen, bit would go on aegmenting. Fe.we- are tee carry on the elation' wi , h fictitious qtraliticatiocs, I believe, in legal language. that's no other than wh .t is called a fraud 'upon , Parliament. Now, what I would wish if it wore pos4ible—and nobody would more regret thorn shoal i the loss of one or two memeers of this committee, and par— Ocularly if it were to affect the chairmen. of where capability for Oleo I have the highest opinion—is- this r I wculd‘say that _t d!. not unusual, wherever there have I cm large reforms in any public body, that those who had been in'effire ware then c'ntitmea or compensated. What I would p7cpose - wonld be, if it email be got int, the bi I, that the me nbes of the' present committee should be .eligible for re.elec ion upon the geeenes ot• their le=t qaeificatfon, bet that candidates hereafter fowls: ;natty of using fictitious mallet , fications shall be subject o a fine, and' if esteemed their election to • be void, and the parties afterwards to be incapacitated fame ever being members of the Dock Committee. Now, I atonic' lime tee move that, if I em in- order in so - doing, became I opine that' Liverpool woad certainly add to the in little disrepute which shoe has hod hitherto about electioneering business ; and if we commence • with an open and avowed legal or technical fraud upon the inten tions of the legislature, I consider it weird; bodisgraceful to the town . * - and to the Dock Committee if not prevented. The Chairman Perhaps the c netnettee will anew me to say I do not know upon what course Mr. Evens assumes or suggeks that my qual fication will not be 1 g Land toe:a:fide. Mr. Evans: Because 1 Iseard,'with great concern, that there was a doubt about it. The Chairman : I do not know rho eapres-ed any doubt about my qualification. I have a perfectly legal and bcssa - fias qualification. Mr. Evans : I am very glad of it. My anxiety to have you • reta nod rendered me the move willeig to propose th s resolution. The Chairman : Oh, lam quit r sure of t iat, but I wish you had asked me the ques ion before you menrionrd my menu p ibliciy. Mere matters of rumour, anti of a kiwi which parties may r ire for a variety of p Irposes, should not be repeated in public at a meeting like this. Mr. Evans : I will telt you what wars mentioned to me—that:your name was in the report of a ship b.loneing.to another house. The Chairman : I have nothing to say apse the subjee but that I believe my quelifi a:ion to be as tones fide•and real as yours, o: that of any other member of the board. Mr. Robinson : The principles on which - the election into be con ducted are laid down in the Ca servaricy Act. The Cnair can : I do not think we have anything •to do with the matter. Mr. Evans Does the act make a provision sguinst a man who has no qnslitle :Von coming In upon fictitious queitiation ? 13,:e :use how are we know hereafter, when we may ms all gone, how far corruption • may go and into whose hands the management of the dock trust may ultimately get—perhaps into the , h ands of those who have no interest whatever in its well-being. Mr. Brocklebank apprthendert that every man on the list of voters.. on the 24th of Jane last, would be eligible ta• be e.ectel to the Dock • Tru.t. Mr. Bold : No, no. The Chairman : It is all a qusstlonfor the returning officer. It Iw' a matter we have nothing to do with. We ace quite going out of Ottr , province, I would suggest. Mr. Evans: h, I think not. 1 he Chairman : in the fint pla^e, we-have no right to assume that. any 'man has a fictitious qualification. It is a mere question or , rumour, and iumoar very often has no real foundation. Mr. Evans: Is there anything F.:Althea. in the reports of the Custom-house ? •• I am :old, by a very high authority in Liverpool,. that there is a report of one of the ships of Mr. Shand The Chairman: I do not know anything about that. Mr. Evans: I only want yr u to know that I hat teas .noble groan& for taking the matter up, which I did with great reluean , e. Mr. Gladstone thong it it decidedly n ,cesuary to make pros - Isles that no such fraud should be committed up :n the es ate. Whether it was their business, or the bnsi eel of the new trust, or the. business of the Government, it ought to be done. Mr. Evans: I d s not mean to impute auy trine at all to one.worthr chairman, because matters like this have all'along been made lightof,. and very honourable persons have availed of such things. But, as this is now beginning to bs one of the most important trusts in the whale emple, we ought to begin in: purity. Ultimately we , shalt otherwise, no doubt, like all human aft :irl,verga into corruption. Th r Chairman rid not think the board could deal with the sehject. Mr. Evans: 'then I suppose this resoluton is not aim ssible? The Chairmrn did not think th board had anything to dOevitt...tt. The committee would b , dead in a fortnight. This closed the general business. HEALTH COMMITTEE. Thelutual weekly meeting of this earneittse was held. at , half-peet two o'clo :k, yesterday, in the Town 11011; Mr. Aid t , rman • Dover,, in the chair. Other members presets , . —Messrs. Shell, Crelli a, .13ck with, Hutchison Sooring, Johnson, Anthony, Haydoalt, Aoerteen la ladstonc; Stitt , and Godfrey. HEALTH CF IHE TORN. The Medical Officer of Health reported that the deaths. for the week, ending on Saturday last, were. 297, showing an increase of 31 aver the rrevions week, and of 48 as conflared with the came week of the preceding nine yeas, bat in the corresponding week. of 1847, when inflaanza was prevalent, - the deaths were W. and if the:: week be included in the calculation, the' excess of last week ever the average is reduced to 18. Diseases of Vic lunge, with consumption, caused 127 deaths—a number which : has bean only encenneeNled since the spring or 1855, and which is 32 mon than the cor rected average. Zymoic diseases were 'fetal to 61 children and 11 adults—in all 77 Of • these, 23 were loom scar latina. 16 hooplng cough. 11. typhus, 6 diarveaa. 3 small pax (2 unvaccinit d), and 2 eyphylts. Three- children died from measles, a numter wilich„ small though 'ilt,b.s..is greater than in any of the preceding 39 w Sirs. A man, aged 24,died from deleriurn tremens. The late variable and unseasonable wesatlter has been e.pacially fatal to persons.of advance I ye 43-4kperacas having died. between the ages of , 60 and 90, and 24 of these having been 70 years of age and up .vards. lbe Lumber is greater than in any previous week for nearly three year=. The dadyfmean temperature, which was 37 8-10 degrees on Sunday, rose 15 degrees. by Thursday, and afterwards fell si degrees. The mean of the week was 43 8.10 degrees, being , q decrees above the average- 114,iss fell on two daps to the extent of 21.100 the of an Inch. The Borough Eng , neer Building Surveroz sad Inspector of Nuisances reported various particulars of. the. operations in their several departments during the we k, fLaznis wielch it,a.dpeared that 110 nuisances ccmplalasd of by inhabitants had be n inspected, and mans taken to remedy them. NO. hones in the unhealthiest di.ti let, containing 3,029. e.partmouts, and 621 cellars had bean put wader exarnina'ian, with a view oCtinrcroving their sanitary condition. A memorial was read from alessrs. Mann and Creithwaite, of Parker-street, praying that that street may be Macadmised, and urging that they Were as well eatitled to l't as the tradesmen of Sold.- street and Church-street. , Mr. Hodgson moved that the 'prayer af tha mein-Lial be gran!ea, on the gremad that after the decision of the C ouncil in the case of Parliament-street, tliey cored net f driy refase it. He himself th o ugh t the sauaraset pavement best, homes° the' cheapest, but if it were carried 0.. t at all, it s'itonald be laid down in all the streets. He believed they would soon have a zaemorial for the alacadamlsingof nfty or slx.ty streets in the town, and undrn the preterit circum-. stances he would support it. There ahead be even-handed ;attics to all. Mr. Godfrey seconded the motion. I I/4'. Beckwith ol,ketedi, and urget that the respor.sil ility of gran ting the prayer of the memrolal, shoal , " be thrown on the coaucil, If Macadam were substituted for square set pavement, their rates woutd. to &Don doubled. (13eAr, hear.) Mr. Crehin moved that the consideration of the r.....eraorial ,be postponed untß they had the report of the Borough Ent lueer: on thei expirrn.sSelltodsoitftps"oanyb:wndg:thewddit-retlwe'qmhuilosrtieoransoe.tlts::, I R:t i d lea li i r l . m C . r Mll e 's was Ulk.l, mous'y adopted. This concluded the general husinera. • TOXTETH PARK BOARD OF Cr,UARDIANS. Robinson, J. Harrison, Miller, The weekly meeting of t ns, of tWs Baird wa , held heGgrui np rd dr :0 . Mr. Gough, the master of the West t)o a r i ry yesterday at the Board-room, Winiam Aen.-y florsfail. Esq., in the chair. The following guardiar.s were present: —fdeasrs. Alpass, repoited there were in the workhouse, cheweable to thls U ,don, last week• 318 ; this weak, 396; in hospit i la ‘ st week, 33.; admitted since, 4 ; discharged, 6; died in house Ws week, 35. For out-door 'gilds cheque for £ll2 was drawn.. B w et or ter cious3, AS.IBTA NT minx. In reference to an toßp'ication made to the Poor Law Board for an assistant clerk, it..s salary of .eao a yssr, the Board dec•ined to assent to the preths tlea. The matter was allowed to stand crrec till nest week., PAUPER ditTRIALS. In reference to paupe r barials, it was statei by •Mr. Al pass, that la Deasy eases the cert i fic ate of death was male use of y parties ta pulled su b s criptions for the barml. It was then reso lved that the Gertificatte of death should be sent to the ceme'.erv, and that the Begiratrar should there retain it, and provide a coffin and hearse, se as ' ‘ o prevent the impositi-a. The Board transacted the anal outin 'ousLeSS, and then adjourned, the d this k and , ess of ;OY 9' °! 5.0v6 Year' No o )00 , caS s iaed f be otter Oise sic:i 6 6 g ; ).v 1 (ivy 00" las t an d rtec