The Northern Daily Times. — Liverpool, Merseyside, England, 1856-08-27 00:00:00

SPECIAL GENERAI APPOINTMENT OF A BURI the s p e cial general v._ A re U que!t of a numerously St. Nicholas' s ( parish) church, t h urPese of taking steps to provide a g, b e e t p ar ish- The attendance was considerably num , no t crowded. At twelve o'clock, the chair w -17 the Rev. Rector Campbell. A mong the• Itresent, were —Messrs. Tobin, Woodruff, C. e e if e e l fe to ' r r Y ) : . p• B. Jackson, S Thoruley, Enoch Ham S Ycla"Y, A. C. Stewart, Rev. W. F. Tayir SarV, l , r • Denny. H. Alpass, Carne, Alderman Do• 14e., & ;`'' Owen, Bairstow, Boult, Chesney. Q"'" The e ve stry Clerk, M r . H ar t , read th , rileetiungto the churchwardens, and the note,. nat ure Churchwarden Woodruff proceeded to explain the g en ' t t l i re uf the proceedings. He said—Mr. Chairman. the ' e alan, it probably will be better that, at this r a business, I should at once state to the meeting cag ed e and the circumstances under which we have been ,ee together. On the 9th of August, the churchwardens rn e ,, e , i , v ed a requisition, requesting them to convene a inting according to law, for the parishioners to take el'a!t.heir to the resolutions which were to be pitted to them, in accordance with what the vestry hi st has just read to you. The churchwardens gave ructions for the meeting to be called in :duejcourse, about e.ght days after we received the notice, but by some atlrertance it was called illegally, one week too early, W e ', i c a Consequenc e , the meeting could not take place. be ~ter%ards received a further requisition, the resiilt " n uich has been the present meeting. It probably will Pr -- e „ e A ce asary that I should just make a short statement, me. 41 g the remarks of the speakers who are , to Ita.n, It will, perhaps, be in the /Tee' wa e - J A gentlemen present, that in the th e th ue elared by th e late .Arrwb furtV e e r l , l3 „ arochial e.--• , stry, convened in ordance will signed requisition, was held cemetery Rentlet Baxter. calling the tae of of St. M "lip. .teecc__ Town COI,- is _ rn, urged upon the v,_ ?os't tal place, they should proc& sible—that it was unwise, on every e • - °Tiger within the limits of the borough. The vestry, accordance with these views, took steps to purchase a lyPiheiceehohnhde,enasvayiodufnkrn, ow, I believe, most of you, a i d ton , e or very nearly paid for o , f a e t n \ n ir r a se . , r ailed the Walton Cemetery. That ground, etPlired two or three years to put it in a proper couditice f°l* the parlilaiite )°se, and as te v . h estry were no 10 tic (Itt;brury in the old ground, they then procee, inter ments Martin's par - ochial . b . €4r,"ati, Yauxhall-road. Unwilling to tax the parishio t ri c ws ai nl ore than was necessary, and knowing to .. go .ng . en„,6311, esPecially when they had so m uc h ground h 'P e _ - ly a ";:d at St. Martin's must have this effect, the c ur h the.meas continued, from time to time, with the consent of that,ha re i e n t ° l a .to perform their interments there. It appears b . ' , - 1 ., an order came from London to the effect Tha a t ordernrial ground of St. Martin's was too c hair frorn some cause or other—probably the reverend The burials e ootie illati ean explain what—was not obeyed. until the Rpor:sen utettntoe take place in St. Martin's Cemetery ern ine t .; but, within the last two or three months a that ~_ n inspector has been down, and has reported for the grounds must be closed forth . wit , and there_ . ell , arch i v r ,,, G _,"rge Grey issued an imperative ord s e h r al ' t i mac e ir,''',ruens that no further interments Was th" °t• Martin's burial ground. The c otatnkee i nfo" a t t , the ch urchwardens had no alternatrve seg b l u ie t n t e o e taken Place which vestry of this order, and of what h ld t a a d ke such roeasa'rsloh we did, requesting that they h de ad, e'i',, a s they thought necessary for else. e en burial of the Immediately r heir in Walton or somewhere tea his e,_lng known, some gentlemen thought it advisable Illbs e suould proceed to Walton forthwith, st it at r in in g ,, th th a e t stategOent acts of Parliament had passed te Pl a'sll7. t ., hi ngs very much since the Walton F a ro l e u d na t - o w th aE , rste4..t7etneeeatning!brmed into a cemetery. This e h stra e i s or Couside Y ri o n u n. are called together to-day . for . th the desirability of appointing kake " Oa rd, and; eith b er to have Walton Cernet, for teach other arrangements as may be thoughtprop i 141 PorL bli rial of the dead, upon a scale becoming t alay afar of a parish like Liverpool. (Hear, hear.), ,W,arden;r4ark that neither the rector nor the church d Lrieat,: h ear ha . v ) e the slightest objection to a burial boar 47 1 ci e t l t 13 f the They consider it highly necessary for the ap irit e , at th e co mmunity that some steps should . be taken. ”opei Pro Posed measure, if carried out in a tag may be e. (Rear productive of very great general advan p kr. , hear.) ale all °lttl Man Dover asked if the meeting could h th e b Aldof the aria' v. Rowers which the act would confer upot kr. uoard ? vestedroeh Harvey said the election of the board wai. The b c .. rl the parishioners at large, in vestry assembled Wile, ter 'would remain in office until . the next y ane This wer.e, should go out, and re•elections take l Pow ers ,etu occur annually. The board would p liay Ivith th e Purchase land, and to make arrangement; 1. 11 144 ira clergYunan as to fees, and other . incidental a n d re t',.. T e st board could not buy land without coming and "would .ie ‘, a . Y and getting the consent of the latter, and e have to do everything under the control the boar,,action of the Home Secretary. The powers of In th wer e chiefly to enquire what land would be suitable te Proposrtzst place, and then to lay before the vestry , . 11 the n re lon to purchase, anti if the vestry approve or it, Pureha ca rrY out the purchase, and, when the land was Te a aults, n.' 'kil l , se d , to lay it out, to make general arrangements, 181,11.etribet;oui conduct the business of the cemeter. the board would be elected there by the Oners' votes. Any parishioners who thought proper 1.,_11.1 rt,and a poll. iellriatiritr. 3 . eB J o e i ff il et unsaid, he had been requested to move , which was as follows :—" That a tool, groan shall be provided for the parish . of Liver there etropolis L ao 11 the county of Lancaster, under the Burials beyond lion W ould be th Act " • He said, ' he . could not suppose that Eb 'as that. e slightest opposition to such . a resolu. ptri"'arch ly "'. Under the circumstances in which the shi ardens had informed them they were placed as ;N I °,,tle,,rs arising from - an order in council whic "esltecl-e", solne years since, and which had so far been Pare ehi ',..s he understood, because it was supposed ro t` eolitietC, cetnetery did not come under an o address, but hi regard to which, from a recce eon, 'A tO the chairman by the Home hafte2.llellco of a decision given by on, advi s ;,, 1t Would appear that the vestry w- Par ech s , the vestry Was now ' oblie . ed to close the , for i 'al burial ground, and b seek accommoa, '3l.lTleilli.t..rnaents somewhere else. That order Wer e 110',.?4n0 upon them somewhat by surprise, and they alter ed a l riased in this position. In consequence of _ eha,e,,, thee of things since the land at Walton was pur ar e , ,",_ Y were obliged to provide a very much . larger it We 'll" t h 9 Y would have done had the law remained as l ags :11 1 t J a 84 7. Be should here refer to the past. proceed_to be the parishioners, before entering upon what he conceiv r e lB4B, a gen er ` l hione rif much'for the future. In the yea res e nt vestry, more largely attended than the Wer vestry, v!_str e special vestries usually that; W s. a . s held. Ile should speak of the roceedings of each e ,"rY as a 'whole —the resolutions being a part of barn ',here -no one resolution being independent, but t hat' s - a' eolziPonent part of the whole. He found,. then,. th e '1 that occasion a resolution was passed sanctioning suggZtre.4lllse of land for the purposes of a cenie c te n r u y ne a i s i `.-nanteli'°Y the Health Committee of the To ~ 24 a4 t e o llt of the town. The land covered w a n n extent Zici• iti th s ' At that vestry a church•rate was levied of Vl' the purposee P o ud, of which 11d. was to be appropriated 1114 he,of paying for the purchase of the land. req u i ri 'e was also a resolution passed at that vestry, cra ted ng that a portion of the land only should be conse for l e and that the rest should remain unconsecrated, would be saftiojewas sUpposed that 27i acres of land re gl,. tit according to previous experiene,for the ° I th e 7 r beots of the borough under the then existing state the whol e Su bsequenily, however, it would appear that ;atie e "ole of the land wa: - e ' ensecrated, and not in accord_ l e r theWpiathristhhe .resolution Passe d by the general vestry ~. solu tie • it was not for him to explain why . that rv r° eeeei . .. ll w as ignored. He could not see anything in the 'se slightes t `"gB of the Select Vestry subsequently which made took reference to that resolution whatever, and he setati_ bathe case according to the principles of rep re %ea et . 'e government, of which they were justly so proud, 15 b y r o r u e d, twbhatiesheeliineg hoped they were equally sensitive as ay had power ota e xt r h e e t m ha se t t i v h e ey , , alth o screntation, the they ought the also to take Caro v eesntir ely relieve their o wn s h ou ld ers o f respons ibilit y, ;Poe ahem ugh gentlemen might be good enough to take kip selves the duties, nevertheless the public should tk P vigilant eye Upon their representatives, in order eat each ti(,be,, ndividual should perform his duty . in the great pa rt gl e of government, of which each happily formed a l e • (Hear, hear.) If, therefore, there had been any gal discov‘ery general , made subsequently to the meeting of the it %, vestry winch should tend to alter the resolution, vest a r s the duty of the Select Vestry to call the general submit . to which' atic'teildetrhel.;ll:l them the circumstances vestry hearecide Position, and then leave the general (Hear pro uon the course they „have„en t he h o ve rale utained that would be but that course, .'arse under the circumstances,. r but of the land wag r, had not been pursued, and tli eons crated. Those, therefore, w eWereenfo rpmr provided d t c o , d t the . ritual T heaot r thooonEstablished _•"-- unity here which did rom partic' novtevY large section of the corn. e'toluded virtually f Ivithatever. (Hear.) Now, he in . to that ritual we; NI tPating in any benefil yes free to say that under ;,," new act, ' which had reeentl aanssel the legislature, ;"crwhole of that land would not :',Or the interment of those who confoZeYd siifficient, event. to the rites o "t. tstablished Church. It was quite clear, therefore, I ,‘ o h r at a far greater extent of burial ground was necessary ~ so very large and populous a parish an that of Liver i'ool, th e population of which, although it by i to m „ t to l , t y ea ded to the present . parliamentary boundary of the raj u, was very nearly, if not quite, 300,000 souls. R e tiNg.hll32 told that there were private cemeteries, but th th,',„"art gone by when private cemeteries. would answere bp - var Pese of investments and remuneration of interest, t:r4Wt, -eu.se the legislature, in its wisdom—and he thought isely-e-hed declared it the duty of the parishiouers On '', ° .. vitle for the interment of those who dwelt . no more aeurZ e u l , that they should cease to be a nuisance and a h e to ,, ef pestilence to the living. (Hear, hear.) When Int-- 41 them that, during the last nine years the average o ~,Cer_ll?ents in that parish had been upwards of 9,00 . -- e pariusktl told them that, if they went a little beyond th . _ iticr e l i to the parliamentary boundary, the number would ints..esoe to 12,000 —when he told them, that the pauper 4,,,,,.°D , nts alone, from March 17 to April 16, 1847, th "ted to 650, he was sure they would agree with hiM, at el Of kit acres o land would not suffice for the purposes wrtostat of the parochial dead, even of those 8, and he was requ , ry or t( ry, in f her Ma. hurch only STRY THE for whose special reception it had been consecrated. (Hear, hear.) Then what was to be done ? The resolution proposed to form a burial board. He was anxious that a burial board should be formed 1 with free hands, perfectly unfettered, and it was one of the acts of preliminary meetings which were i held, in order to arrange matters, so as to bring them I succinctly, clearly, and in an intelligible manner, before the public, that a deputation was appointed to confer I with the worthy Chairman, as to wh e th er h e h a d any objection to the appointment of a burial board, or to the purchase'of land elsewhere, and he had much pleasure in saying that the rector met them most cordially, and expressed his willingness to assist in the constitution of a.burial board, and in carrying out the wishes which tlia ratepayers might express. (Hear, hear.) At the same time he very naturally stated that, although as the Rev. Mr. Campbell, he was ready to assist them, still, as rector, he must see that the rights of succeeding rectors were preserved intact, and the answer of the deputation was, that of course the rights given to the rectors by law, should be preserved as they were at present—at least, that it should be left to the legislature to deal with them as they thought fit. (Hear, hear.) Now, with regard to the extent of ground required, suppose each grave to be nine feet long, and three feet wide, which h e t oo k t o b e the smallest dimensions a grave ought to have, an acre would receive 1,600 bodies. It was important to observe that, under the altered state of the law, it depended upon the state of the land, how soon a second body could be put down in the same space. A clay soil occupied the longest time in decomposing, and a sandy soil, the minimum of time. It was quite clear that 27i acres of land, subject to this restriction, and to the other restrictions of the act of parliament, which required space to be kept for planting, laying out paths, and erecting buildings, and calculating ' the rate of 1,600 bodies to an acre, and 10,000 inter nts in one year, the entire surface would be absorbed in years, allowing twenty acres to be the extent really ' .ble for interments. But suppose that more than y acres were available, and that each grave was not rce, they might then eke out the time to ow, he was sure no one there would d es i re ... . ay should only suffice for four They would agree with him in (one that day should be rightly tod of time that it would not require ,uue over, at least in their lives. (Hear, hear.) Air. Jeffery then detailed the result of interviews he had had the previous week, at the Home Office, with Mr. Under-Secretary Waddington, to whom he presented a memorial from the churchwardens, requesting three months for the closing of the cemetery. Mr. Waddington ex plained that he felt the law pinch rather tightly, but had forwarded the memorial to Sir George Grey, from whom a favourable answer was hoped, which could not, however, arrive in time for that meeting, as Sir George Grey was absent from London. Mr. Jeffery concluded by moving that the resolution be adopted. ey did that ar, hear.) 1 r such Mr. Thornley seconded the motion. Mr. Carne said that he was astonished at the facility with which Mr. Jeffery swallowed his own words, and appropriated as his own those of other gentlemen. It would be in their recollection, that on the 28th of March, two years back, he (Mr. Carne) and his colleague in the church wardenship, felt it their duty to put themselves in com munication with Dr. Sutherland on this very subject, and having received an order from the Home Secretary to close St. Martin's Cemetery, they called a meeting for the purpose of having a burial board appointed. On that occasion he used the very same arguments which were now urged by Mr. J e ff er y. H e po i nte d out t h at the land at Walton could last only four or five years, according to the rules laid down under the act, and he contended that it was therefore imperative on the people of Liverpool to appoint a burial board, and to procure more land, the more especially as by that means, seeing that the whole of Walton was consecrated, the dissenters would have a portion of the ground set apart for their use, while the churchmen would also be provided for. He mentioned the instance of London ving purchased 200 acres, of Marylebone havin g pur ased a like quantity, and of Workington having purchased still greater quantity for a parish cemetery, and he ;gested that 150 acres was the least quantity that should vided for Liverpool. He was met by Mr. Jeffery, It only spoke against the arguments, but also pro ,hat it was not advisable to take any further steps in tter then. That resolution was carried out, and so tter for the time ended. For himself, he had always f opinion that Walton was not the place for a ry, and that a burial board selected from the prin asses of the community was very desirable for the town of Liverpool. .dan Dover said that if he could believe that Aers of the scheme really intended what they now , he would remain silent, but he could not help that the meeting was called somewhat from the tance that certain gentlemen had differed with the ad rector in regard to the fees. (Cries of " no, no.") " yes, yes," for he could net help thinking that, if .d not been for that unfortunate disagreement, they ild not have had the pleasure of meeting together that j — (laughter)—because he well recollected, in corrobora in of what Mr. Carne said, that not a long time go Mr. Jeffery, in. vestry assembled, did oppose the con ,n of a new cemetery, saying, as he (Mr. Dover) iv said, that they had one already. He did not rise to ,pose the ap:.ointment of a burial board, because he ,vas anxious to consult the feelings of every man, be his religion what it might—(bear, bear)—but be did rise to say that they should take care that they did not mix up the squabbles of parties and cliques with the question. (Hear, hear.) They should take care that the board was imparti ally constituted, for if it were not, they might depend upon structi it that means would be found to'thwart its action. But with regard to Walton Cemetery. Ho had been in the habit of attending the general vestries regularly, and he knew of no such resolution as that referred to by Mr. Teffery, stipulating that a part of Walton Cemetery should - -nucrated. He knew of no such resolution, and if adopted by the vestry, it was done in total gnorance of the circumstances of the case, and of their position. The land was purchased and paid for, and vaildings erected on it for the required purposes. All was lone under the authority of the Church Commissioners, pilot all that the vestry authorised the churchwardens to do vas, seeing that the local place of interment was nearly 'till, and that further accomodation was required, to provide )ther burial ground precisely on the same principle and on he same plan as the existing parochial burial grounds. inch a place (Walton) was accordingly purchased. They aad been taxed lid in the pound for it—a tax which had fielded in the course of nine years some .£ls,ooo—and he lid contend, then, that before that burial place was set aside, very strong reasons should be offered. (Rear, bear.) The fact was, that so far from its being an unfit place, it was the most fit place about it ever.vas Liverpool In the first place the surface was clay, and irter digging a few feet they came to sand, which, as Mr. Jeffery observed, was the best passible soil for interment. There would be little or no expense in digging the clay, 7as dug it would require no brick walls to ides of the ground from falling in. That would ,he case if they purchased land altogether of a sandy They would then require brickwork to strengthen sides, and would so render the interment a heavy charge an the poor. That objection could not be against Walton. It had a good situation, it was at a convenient distance from town, and in addition to that it was already laid out. It was true there was some gentlemen who had a con scientious objection to intering their dead there in conse quence of the ground not being consecrated, but he believed that the public at large did not share in that feeling. A great many of the dissenters were satisfied with it. He knew that some dissenters preferred the church burial , rvice to their own, but whether they did or not there was necessity, if they wished it, that any clergyman a Church of England should read its service. immediate neighbourhood there was the 'lrish Cemetery, and of those interred in 'hen it keep a Walton it not more than one-tlii . rd, he believed, were church men. He had never heard an objection to it on the giound of its being consecrated, and if they have enter tained such an objection, he would ask, should they not provide special ground for each of the denominations of the Baptists, of the Methodists, for the Roman Catholics and the Jews, all of whom had different feelings on the subject ? ”Id wk if it was intended 'm have a chaplain for the o the unconsecrated ground ? When von have nrinphia.d T .-;11 4,01 knew then was something concealed in'this 'eq hesitation of Mr. Jeffery to answer the question showed it. He was willing that there should be a burial ground provided for those who differed from the Church of England, but let them not force members of the Church of England, and dissenters, who did not object to buriel service, to throw up Walton, and put the krishioners to enormous expense in providing, unneces -1.4, a burial place elsewhere. lie believed that Walton as a very good purchase. They paid about £3OO an acre r it, and he felt convinced that they would get no other y close to the town for less than £5OO an 'e was another point to be considered in reference Did they suppose that the rector, whose duty and down to his successors his rights and privi ntact, would stand quietly by with his hands in ie.& and allowed them to dispose of those rights ? Duld not do it without a parliamentary contest, and expense of such contests the parish had already icientl to Walton . _ Mr. Sidney took exception to the powers of the select vestry in those matters, and declared himself an advocate of the old fashioned general vestries. He contended that, as the rates were levied in common, the parishioners in general had an equal right to the cemetery, and that the feelings of all should be considered in the matter. He did not know at whose instigation the whole of Walton had been conse crated but in consecrating it a resolution of the vestry had been directly violated. He could not find any man of the selectic,t vestry who did not thank his God that he had thur g to do with it—(laughter)—and Mr. Davis alone at u P to defend it. In conclusion, Mr. Sidney declared was h f no supp ortin party in the matter, and concluded by r. Je i f Z fe , r e motion. Came brou ' then replied. He conceived that when Mr. to open Walton Cemetery, his resoluqon two years back,it was he admitted he did opp ose and, acting under that impression, 'AP Chairman : " V u ge it.m Carne, then. His j object have misunderstood Mr. meter) , op eaed t was the reverse of getting the . know that he had a fancy in Walton 0 NORTHERN TIME S.---LIVERPOOL, WEDNESDAY. his head to take an enormous quantity of land in the neigh bourhood of Formby, but he had not the small( st intention of opening Walton Cemetery. His wish was to form a burial board, and get a cemetery elsewhere. Mr. Jeffery replied that be acted on his impression at the time, and as he believed on a fair interpretation of Mr. Carne's own words. However, he did not think they had been injured by the delay, but that, on the contrary, the town will be benefited by it. The question of the fees was an exceedingly delicate one, but it was improper on the part of Mr. Dover to say that theywere ,, the cause of the present meeting. The chairman himself knew that that was not the fact, and that he himself expressed a readiness to arrange a scale of fees with any person having the confi denv of the ratepayers. As to the resolution of the vestry of 1848, the existence of which was denied by Mr. Dover, Mr. Jeffery produced the book in which it was contained, and read it for the meeting. And, in conclusion, reminded Mr. D wer, that if a dissenter entered his friends at Walton, no religions service other than that of the Church of Eng land could be read over the body. As to the appointment of a chaplain, that was a question for the board when ap pointed, and not for them. The motion was then put, and carried nem con. Mr. S. B. Jackson, on rising to nominate the members of the board, observed that they had now adopted the con stitutional principle of taxation, by representation, and that the board would be a distinct corporate body. Its mem bers could not be more than nine, or less than three ; and in selecting so small a number from the large community of Liverpool, great difficulty would of course be felt. One third of the number should retire annually, and no vacancy could be filled up without the consent of the parishioners. They might take more land than they required, but what they would not immediately use, they could sell, or let, for agricultural purposes. If they disposed of Walton Cemetery, they would, no doubt, get a good price for it, but to do so, they should consult the rector and the church commis sioners. But whatever might be done with Walton, the question of fees should be arranged. The Chairman :Do you refer — to the Walton Cemetery ? Mr. Jackson . I refer to the parochial cemeteries. I question the legality of fees sometimes exacted at the St. Martin's Cemetery. The Chairman : If this continues, I must ask you, Mr. Churchwarden, to take the chair. I cannot allow this to go on ; it has nothing on earth to do with the question of a burial board. Mr. Jackson: I will not allude further to it. The Chairman : I wish you had followed the example of Mr. Jeffery. Mr. Jaclison, then, after advocating the right of dissenters to separate burial ground, stated that the cost of the new cemetery would be distributed over a period of forty years, and that no land could be bought, uo salaries paid, and no fees granted until the approval of the vestry at large was first obtained. In conclusion, he proposed that Mr. J. R Jeffery, Mr. S. ThornlPy, Mr. S. B. Jackson, Mr. John S. Stitt, Mr. Rober son Gladstone, Mr. Christopher J. Corhally, Mr. W. R. Bairstow, Mr. J. Woodruff, and Mr. C. W. Shaw, churchwardens. Mr. Sidney thought that the Rev. Rector Campbell should not be excluded. If he were so, the town would not be satisfied. [The rev, rector then retired, and the chair was occupied by Mr. Woodruff.] Mr. Dover observed that it was quite clear it was a one sidad board, and that it would not satisfy the town. In the course of the discussion, Mr. Jeffery observed that he understood that the rector had no wish to be on the board, Mr. Baxter thought it better that the rector should, for the present, be off the board. The question of fees would have to be discussed, and the rector himself, from delicacy, might not wish to be present. Mr. Jackson said that that was precisely the feeling of the promoters. The names were then put singly. name was put, Mr. Dover, moved as an amendment, that the name of the rector be substituted. He did not object to Mr. Jeffreys on any personal grounds. He would prefer that be was on the board, but he thought thaf the rector's should be the first When Mr. Jeffery's Mr- Carne seconded the amendment. A show of hands was called, when there was a vast majority in favour of Mr. Jeffery. Mr. Dover then called for a po'l at a future day, but it was decided that under the new act the poll should be im mediately taken, unless the meeting wished otherwise. The meeting being almost unanimous against an adjournment, Mr. Dover and Mr. Carne left the church. The other names were then put seriatim, and unani mously adopted. Mr. Woodruff, when his name was proposed, expressed a desire to retire in favour of the rector. He was sure that there need be no apprehension that he would use any improper influence there ; on the contrary, he believed, that from feelings of honour and delicacy, the rector would not interfere in any discussion on the question of fees. The meeting refused to allow the substitution, and Mr. Woodruff was, accordingly, unanimously elected. At the close of the meeting a poll was taken between the rector and Mr. Jeffery, and resulted in three persons and twelve votes for the Rector, and three persons and sixty two votes for Mr. Jeffery, who was accordingly declared elected. This concluded the business, after which the meeting separated. THEATRE ROYAL, Mr. Benjamin Webster, the versatile actor, and man ager of the Adelphi Theatre, Landon, and Mad. Celeste, are performing this week here. Buckstone's admirable drama of the " Green Bushes" has been performed and put upon the stage in a most artistic and creditable manner. Madame Celeste as Miami was as impressive as ever ; and the whole company seem to have exerted themselves greatly ; without being invidious, where all were com mendable, we would specially name Mrs. Power, Messrs. Loraine, Baker, and Stoyle as highly distinguished. We have not had an opportunity of seeing Mr. Webster yet, but he has appeared in the afterpiece each night. A very strange play, in which Madame Celeste plays a " tiouble,"lis to be produced on Friday, under the title of " Like and Unlike." SOUTH LANCASHIRE ASSIZES NISI PRIUS COURT.—MONDAY RICKETTS AND OTHERS V. JOHNSON AND OTHERS.— , The hearing of this case was resumed. Mr. Attorney-General Knowles having replied on behalf of the plaintiff, his Lordship summed up at considerable length. The jury retired, and, after some consideration, found a verdict for the plaintiffs—. damages £1 865. THE LOCAL BOARD OF HEALTH OF KINGSTON-UP)N HULL V. TONES.—This was an action in which the plaintiffs claimed to recover from the defendant, money payable in respect of an improvement rate. Mr. Attorney General Knowles, Mr. Warren, Q C., and Mr. Thompson, appeared for the plaintiffs ; Mr. Hugh Hill, Q C., Mr. 'Watson, Q.O , Mr. Mellhuish, and Mr. Millward for defendant. The action was brought by the Board of Health of Hull, to recover from the defendant the proportion of expenses to which they alleged he was liable by law, for the making of a street in the town of Hull. In 1848, certain alterations and amendments took Place in the laws affecting the sanitary condition of towns, and under the operations of that act, which were applied to the town of Hull in 1851, the town council of Hull became the t local board of health for a district comprising the whole borough. The land upon which the road was made was partly in the parish of Sealcotes, and partly in the parish of Holy Trinity, in Hull. There were some houses built upon the ground, and there was a footway, and on the northern side there was a cartway. The plaintiffs made a handsome road or boulevard, with trees at each side, and footways between the trees and the houses. They called upon the inhabitants to pave and channel this road, and the demand not being complied with they laid a rate and collected the regular proportions from the parties. The only resistance made to the payment was by the defendant and another party. It was alleged that the road caused a very great improvement to the town, and that the owners of houses on it were liable for their pro portion of the expense of paving and channelling. The defence was that the road was a public highway, and that the Town Council, being the Board of Health in another capacity, was the party liable for the repairs. The principal questions involved were merely legal points, on which a lengthened discussion took place. Finally his Lordship directed the jury to find for the defendant. He observed that in law the plaintiffs had no claim, and in other respects the demand was uncon.cientious and monstrous. The defendant did not require the road to be made, had not part in the unkertaking, and if therefore i► was a great public improvement, the public in some capacity ought to pay for it. The double capacity of the Board of Health reminded him of a story, which possibly the jury remembered, of a certain Prince Bishop who once headed an army going to war. A peasant, who saw him pass, laughed. " You impudent fellow," said the Prince Bishop, " why do you laugh ?" " I laugh," he answered, "to see one of the successors of the Apostles in armour, at the head of an army." " But," said the other, "do you not remember that lam a Prince ?" " Aye," rejoined the peasant, " but when the Prince goes there (pointing downwards) what becomes of the Bishop ?" (Loud laughter.) Now, his Lordship added, he had no doubt the Town Council of Hull was a very respect able body, but what was to become of it if the Board of Health went down there ? (Laughter.) The jury found for the defendant. THE LOCAL BOARD OF HEALTH OF KINGSTON•IIPON HULL V. THE TRINITY HOUSE OF HULL.—In consequence of the results of the previous action, the records in this case was withdrawn. WARDE V. STEIVART AND ANOTHER —This was an action brought by Mr. James Angus Ward against Messrs. Stewart and Douglas, African merchants, of this town, to receive an amount of commission claimed by him for his services as agent of defendants. The defendants had paid £1,975 into court. Mr. Quaine opened the pleadings. Mr. Hugh Hill, Q.C., stated the case. He said, the question the jury would have to try was partly one of law, and partly one of fact. In 1848 the plaintiff was first introduced to the defendants, and went out for them in the ship Rothschild to the coast of Africa, and made a successful voyage. He went out again, in 1849, in the same ship. When he returned from the latter voyage, it was agreed in the month of August, 1853, that a new arrangement should be come to between the parties, under which plaintiff should make two further voyages as their agent. The terms of the agreement was that the plaintiff should proceed to the Bonny river as defendants' agent ; that defendants should be bound to supply bins with goods for the purposes of barter ; that the plaintiff should sign bills of lading, &c., for all articles transmitted, and that if there was any mistake or matter not accounted for, plaintiff should be held fully responsible. The eighth clause of the agreement, which was material in the present action, was, that Messrs. Stewart and Douglas should allow and pay to the plaintiff, as remuneration for his services, a commission of £6 per cent. on the net proceeds of the dry merchantable palm oil, or other African produce received by them, such commsssion to become due when the proceeds shall have been received in cash, and after making the usual deductions in accordance with the rules and regu lations of the Liverpool African Association. The ninth clause, which was also an important one to the present action, was, that the plaintiff should not be entitled to any commission or remuneration whatever, on any palm oil or other African proudce, which should be bartered for or purchased by him, hut which, from loss of the ship or other wise, should not be actually received in Great Britain, or upon any wet, dirty, or unmerchantable palm oil which might be received. To this clause Mr. Hill called special attention, as being that on which the defence principally rested. The plaintiff remained for a considerable time on the coast of Africa, and traded in a very profitable manner for the defendants. Ultimately, on his return to this country, he found con siderable difficulty in obtaining a settlement of his account, and it was only when he gave notice of this action that they paid £1,975 into court. Mr. Hill concluded by stating that the defence set up was, that the sum of £1,975 was commission upon all the oil, which fetched the highest price in the market, and on which they were not compelled to make any abatement of any kind. And any oil which (lid not actually reach the highest market price, they contended they were entitled to refuse commission upon, as being wet, dirty, and unmerehant able. Several witnesses were called to prove that the reductions made in the prices of certain qualities of the oil sent here by the plaintiff, were not of such a character as to render the oil unmerchantable, in the commercial acceptation of the term. His Lordship observed that he thought it would be a liberal course for the defendants to pursue to allow plaintiff the commission, deducting the abatements they were compelled to make. It never could have been their intention, in framing that contract, to make a profit out of a misfor tune. Mr. Watson, Q.O who,with the Attorney-General, and Mr. Milward, appeared for the defence, said that he would be able to show that the construction defendants put on the agreement was that which every merchant in Liverpool, en gaged in the oil trade, adopted. His Lordship : Then it would be a positive advantage to them if the plaintiff had sent home no oil which was not wet or dirty. Mr. Watson said the general construction of the trade was such as he had stated, and the defendants desired to have the question decided. Hie Lordship: Well, I only say what I think might be a hand some and liberal course—l do not at all say that you are legally bound to it. The hearing of the evidence then proceeded. The general result of the examination was that where an abatement was made in oil, because of visible wet, it was con sidered a s, commercially speaking, wet oil, although it might not be unmerchantable. Mr. Watson addressed the jury for the defendants, contending briefly that the contract was a most dictinct one, and one for which many reasons could be given to prove its necessary and equitable character. He urged that where so large a commission was given without risk or outlay on the part of the agent, it was but reasonable that merchants should guard themselves against the great losses which frequently occurred in that trade by a contract which rendered them liable to no commission where the article returned had the fault of being wet or dirty. A large portion of the oil sent home by the plaintiff, being so visibly and tan gibly wet and dirty, he urged, as to come within the meaning of the contract, the defendant s were fully entitled to refuse commis sion upon that quantity. Evidence was then given which showed that certain quantities of the oil, when arrived in Liverpool, were made. A ver di ct was given for the defendants, found by the brokers t o b e wet and dirty, and abatements accordingly with leave to plaintiff to move that the verdict be entered for him, on the ground that although the oil was wet or dirty, still, as it was merchantable, subject to allowances, he was entitled to receive commission. His Lordship remarked that after the evidence which had been given, he did not think the jury could do otherwise than find for the defendants. The court adjourned at half past six o'clock. CROWN COURT Y -- ESTE RDAY. CIVIL CASES. (BEFORE MR. JUSTICE WILLES.) CROOKEINT v. FLIITCHER.— This was an action on a charter party, by which the plaintiff, a merchant, of Amster dam, sought to recover of the defendant, merchant, of this town, compensation for the breach of a charter party, effected at the latter end of February, of this year, through the instru mentality of Messrs. Van Sauten & Herne, brokers, of this town. In this case the plaintiff's agents in this town agreed to charter the ship Swan to the defendant, the amount of freight being agreed upon. It became necessary, after the agreement had been made, that a charter party should be drawn out, signed by the defendant, and then transferred to the owners of the vessel for their exceptance. The agreement was, that the charter party should be returned without delay, and that the vessel should leave Liverpool at a certain time. This charter patty was returned, but with the delay of a day, and when it was forwarded to the defendant, it was found that a material proviso had been inserted in the margin, namely, wind and weather permitting, containing the signature of the plaintiff. On these grounds the defendant refused to accept the charter P a party, but th e plaintiff's agent, on th e ship's arriving, o ff ere d i t theta, stating, on their refusal, they should claim any damages that might incur from such refusal. Tho sole evidence adduced in the case was the plaintiff's agent, and Mr. Fletcher, the defendant—the former stating that there was no stipulation that the charter party should be returned from the owner without delay, and the latter distinctly and positively stating that such was the case. A lengthened discussion ensued as to the legality of the charter party, an insertion having been made on the mar when biz'• Lordship said that it was his opinion that the charter party, from having such insertion, was void, although he did not wish to positively rule so, as this charter party jwas different from some others. The real question the ury would have to decide was —whether or not there was a stipulation to the effect that the charter party should be returned from the owners without delay, and on that evidence they would to have decide between the statement made by tho plaintiff's agent, and that made by the defendant, when the agreement was first mooted. The jury returned a verdict that there was no stipulation made for the return of the charter party, and his Lordship gave the defendant leave to move in the court above as to the validity of the charter party, consequent on the insertion in the margin. HARGRAVES V. CARLISLE.—This was an action brought by the plaintiff, Mr. George Hargraves, a merchant, of Liverpool, to recover damages front the defendants, Messrs. Carlisle and Co , merchants, of London, for an alleged neglect of duty as a broker in disposing of some tea, by which the plaintiff was a considerable looser. The ostensible plaintiff in this action was a firm of tea merchants in China. In the year 1854 a large quantity of tea, 4,362 chests, were shipped to England in one vessel, of which 3,042 were consigned to Mr. G. Hargraves, and the rest to other brokers. The value of the tea so shipped wat £7,744. In April last an application was made to G Hargraves to have the teas forwarded to France, on the ground that there was at that time a good market for the same, to this ho gave his assent, as far as regards the chests that were consigned to him, and the samples were given to the defendant. At that time the teas were in transit to England, and were shipped at London. By that shipment the expenses had been incurred, the consequences was, that the firm in France refused to take the teas, and thus the plaintiff sought to recover the loss sustained. These were the facts of the case as far as could be understood from the voluminous correspondence which had taken place on the matter, and which were read in court. The case bad proceeded some little way, when, at his Lordship's suggestion, a verdict was returned for the plaintiff, it having been decided between the parties to refer the matter in dispute to some merchant to settle, as to the amount lost by the delivery, each party then to take a share of those losses. DAUNT AND ANOTHER ♦. DAvIS AND ANOTHER.—In this case the defendants contracted to take a certain quantity of iron of the plaintiffs. They did not receive the iron. A dis agreement arose as to who should find the ships for the transit of the iron—the plaintiffs being ready to deliver it, and the defendants to receive it. This action was brought to recover damages for such a breach of contract. Verdict for the plaintiffs. mISS MARIAN, AMERICAN ENCHANTRESS, NISI PRIUS COURT.-YESTE RL AY Mr. Baron BRAMWELL entered the court at nine o'clock. PETRIE V. FLLIS —This was an action to recover the amount of a policy of insurance, effected on th e pl a i n tiff' s behalf with a L on d on underwriter at Lloyd's, on a quantity of gold dust, nuggets, sovereigns and notes, alleged to have been lost from on board the plaintiff's ship, the Orpheus. The defendant pleaded first that the plaintiff was not interested in the gold dust, nuggets and sovereigns. Secondly, that they were not on board the vessel in question at all. Thirdly, that they were not lost. Fourthly, that the supposed loss was occasioned through the negligence of plaintiff; and, fifthly, that the defendant had been induced to suk.cribe the policy of insurance by the fraud of the plaintiff. Mr. Watson, Q.C., Mr. Hill, Q.C., and Mr. Melhuish, appeared for the plaintiff, and Mr. Sergeant Wilkins, Mr. Athet ton, Q.C., Mr. Picker ing, Q.C., and Mr. Blcckburne, for the defence. This action is one which was tried at the last assizes, since when a com mission was sent out to Adelaide, by the underwriters, to enquire into it. With the facts of the case the public are already tolerably familiar. The gold dust &c., for which the plaintiff sought to recover, he alleged to have been lost upon the passage of the bark Orpheus, from Australia to London. The plaintiff was advanced in years, having entered the Royal Navy in 1807, and served until the peace of 1816, when he entered the mercantile marine, and commanded vessels for several years. In 1852 the plaintiff, with the assistance of his brother-in-law, Mr. Grimley, a merchant in Liverpool, purchased the bark Orpheus, of 350 tons burthen, for the purpose of making a voyage to Australia, with a quantity of provisions, and a considerable sum of money ad vanced by Mr. Grinley. Before sailing, lie engaged a number of seamen to proceed to Australia, and there to go to the diggings, under his command. The vessel arrived in Adelaide in J uly, 1852, and a party went from her up to the diggings there ; but their search for gold was not successful, and therefore, in September, the plaintiff advertised the ship to take passengers to Melbourne. This was a successful speculation, according to the plaintiff's statement, for he realised about £1,400 on passengers, besides a considerable sum in the sale of stores. The Orpheus was then laid up at Williamstown, because the seamen refused to make another voyage back to Adelaide. The plaintiff then purchased horses, drays, provisions, &c., and, with the party under his com mand, started off to try the Melbourne diggings. He stated that he took with him, in addition to provisions, about £1,860. An agreement was drawn up between him and the party, by which he was to have a certain proportion of all the " findings." In a short time, he purchased a considerable quantity of gold dust, and obtained a further quantity by the barter of pro visions. Finally, he returned to Adelaide with the gold dust, leaving the men at the diggings. He made two successful voyages between Adelaide and Melbourne shortly after. Ho prepared then for a homeward voyage to England, and, before sailing, wrote to Mr. Grinley to effect an insurance for him upon the ship and cargo. He packed up all his gold dust, sovereigns, nuggets, &c., in two boxes, which he kept in his cabin. The vessel, in due course of time, arrived in the channel, the wind being eastward, and a heavy sea running. It was about the 11th or 12th of May she sailed from Mel bourne, and arrived in the channel on the 12th of October. The plaintiff then stated that when about mid-channel, off Ply mouth, he was called up about two o'clock on the morning of the 13th. It was dark and cloudy, with rain, flashes of light ning, and a heavy sea. Had a blue light burned to avoid the chances of collision. He took the blue light himself out of a box in the cabin, and gave it to the officer of the watch to burn. It only burned for a short time, being injured, and plaintiff therefore went below, got another blue light, came on deck and struck it himself, and it burned the usual time. Shortly after he perceived a smoke issuing from the cabin, and rushing down saw a blue light burning there, and several articles in the cabin on fire. Called for help to a passenger sleeping in an after berth next door. Seized the blue light to put it out, but as he was becoming blinded with the smoke, he seized the two boxes of gold and rushed on deck. He was ' about to put them into one of the boats, when, the deck being slippery, he fell against the hencoop, striking his head severely, and the two boxes slipped from his hands and went overboard The fire was subsequently put out, and when witness came to London he applied to the underwriters, to whom he gave every assistance in obtaining all possible information, but nothing of the lost property was ever found. The underwriters refused to pay the amount, on the grounds set forth in their pleas. The insurance was effected by Mr. Grimley, in London, on the 24th of February, 1853, and the amount claimed by the plaintiff was £3,800. A large number of witnesses were examined on the part of the plaintiff, who established col laterally the fact of his having had the gold dust and nuggets in his possession, having had the boxes made to contain them, having had them on board the vessel, &c. Mr Sergeant Wilkins, on the part of the defendants, stated that after the evidence which had been given that day, his clients did not feel justified in any further resisting the claim. The case only afforded another instance of truth being stranger than fiction. His Lordship expressed his full approval of the course pursued by the defendants, after the evidence which had been produced. The defendants were decidedly called upon to sift the demand in the first instance; but the evidence now produced fully made out the claim, which the plaintiff was unquestionably justified in pressing to its entire amount. He confessed that, having heard the case incidentally spoken of, about a year since, he thought it an extremely improbable one, but ho could not resist the evidence brought forward that day. The jury accordingly found for the plaintiff This was the last case to be heard, and his Lordship therefore discharged the jury. This concluded the business of the assizes. FATAL ACCIDENT ON BOARD HER MAJESTY'S SHIP CR ESSY.—PORTSMOUTH, Friday Evening.---This afternoon, an inquest was held on board her Majesty's ship Cressy, lying at Spithead, on the body of Thomas Barnes, an able seaman, who came to his death by an accident on board that vessel. The jury was composed of officers, petty officers, and able seaman of that ship, there being eight seamen and four officers, W. Swainson, Esq., the Admir alty coroner, presided, and the jury viewed the body. which was lying at a spot adjacent to his berth. Fredart.i,j c Norris, an able s eaman o f the Cressy, dennsed that on Wednesday morning last, between eight and nine o'clock, he saw the deceased in the rigging of the ship, w h ere he had gone for the purp ose of 'loosening the sails, as the wind was blowing a heavy gale at the time, and he endeavoured to catch the futtock of the rigging, to enable him to get over, but he missed his hold and fell. On coming down, his feet caught the yard tacking, and he fell head foremost on to the deck. There was no person above him at the time, and he thought the fall of the deceased was entirely occasioned through missing his hold of the futtock. He was a perfectly sober man, The jury unanimously returned a verdict of accidental death, MARSEILLES AND ITS PORTS.—The two ports of Marseilles are so crowded with transports which have arrived with Government stores, and merchant vessels laden with wheat from the Black Sea, that the mail steamer Gange, which should have sailed for Constanti nople on Monday afternoon, and the Alexandre, having on board 600 troops for Algiers, were detained until last night. The Prefect of the department has in consequence published the following decrees, dated yesterday :—" We, the Prefect of the Bouches-du-Rhone, having read the report addressed to us to-day by the Captain of the port of Marseilles, relating to the overcrowding which exists in the ports of this city, and the obstacles to commercial operations which result from it, and particularly to the free circulation of steam vessels charged with the postal service as well as to the landing of grain,—decree, that from this day and until further orders, all ships of 80 tons and upwards arriving in the port of Marseilles shall stop at the quarantine harbour of the Frioul, and remain there until they shall be advised by the authorities that they may be admitted into one or other of the ports of the city." -YESTERDAY, POLICE COURT (aftronx ➢IR. DICKSON THE CHARGE AGAINST A FOREIGNER.—Louis Albert, the foreigner who was remanded on Monday, on a charge of entering the King's Arms Hotel, with intent to steal, was brought up. Mr. Bluck appeared for the prisoner, and said he was a most respectable man, and a dealer in silk. He had come to this country, along with his son, on his way to America, in the w a y o f hi s tra d e an d busi ness. He had his passage paid to New York (he pro duced a ticket of his passage and also his passport), and the ship wis to sail on Wednesday (this day.) He said the way he came into the King's Arms Hotel was this : On Sunday evening he met the captain of a ship, and they had been at several hotels together, and also at a billiard room, where the captain lost some money. He asked the prisoner to call on him on ltionday morning at his hotel, which he stated to he the King's Arms, room No. 16, and the prisoner went accordingly. Finding no one below when he entered, he went up to room No. 16, and this, unfortunately, was not the captain's room, but that in which the prosecutor, Mr. Seaton, slept. The learned gentleman contended that, as there was no money stolen, that as the prisoner was a respectable silk dealer, and from his passage ticket and passport. and taking all things into account, the most that could be said about it was, that there was suspicion about it, but it was so doubtful, that the prisoner ought to get the benefit of it Mr. Dickson said it was a suspicious case certainly ; but as there was a doubt about it, he would give the benefit of it to the prisoner, and discharge him. THE ADVENTURES OF A FOUR-LEGGED ANIMAL.—John Forsythe, Thomas Kelly, and Thomas Walshe, three " roudies," were charged with having stolen a ferrit, from the shop of Mr. John Stephens, Manchester-street. It appeared that the prosecutor keeps a-sort of menagerie for small animals, amongst which may be found squirrels, monkeys, ferrits, and other quadrupeds. ;He lost a fine animal, worth 155., a few days ago, and yesterday the prisoners ran off with a ferrit as white as snow--(here police officer, 19, produced the "beautiful thing " out of a bag). He followed them, but they got away and had several adventures with the " hanisnal," but after a hunt of long duration the prisoners were captured in Scotland-road. where they commenced to fight about the "wee thing." The prisoners being well.known characters were sent to gaol for one month. LEAD STEALING —Thomas Keel y was charged by constable Barrow, No. 7, with having stolen 95 pounds weight of lead from the ship Queen of the West. Mr, Bluck defended. It appeared that the constable saw the prisoner and another man leaving the ship with a donkey cart full of rubbish, and on searching the cart he got the lead cone ‘aled in it. The other man got away and went to Manchester. The defence set up by Mr. Bluck was, that the prisoner was employed by the other man, and was quite innocent, and the bench taking this view of the matter, discharged the prisoner. (BEFORE MESSRS. BOLTON AND DICKSON.) AN OLD Benosa!—Peter John Charles, a person of respectable appearance and gentlemanly attire, was summoned by a female named Hannah Gardiner, who described herself as a sempstress, for having assaulted her. Mr. Bluck defended. The complainant stated her case, which was corroborated by a witness, and amounted to this—that the defendant knocked her down and ill-treated her very much at his house in William Henry -street. On cross-examination by Mr. Block, the complainant said she was not drunk, but had some " half-and-half." She denied having used any bad language to the defendant's wife—a lady to whom he was recently married. The lady here presented herself for examination, but, of course, she was told by Mr. Black that her evidence could not be taken. He then addressed the court, and said his client was a man of independent property. He formerly had the misfortune to live with the complainant ; but some time ago he got married to a highly respectable lady, and, since that time, the complainant was in the habit of annoying him. She got drank on the day in question, and went to his house, but he only pushed her out, when she fell. Mr. Bolton asked the defendant what he was, and he replied, "A master sweep." The answer surprised all who heard it. Mr. Bolton : hy, Mr. Bluck describes you as a gentleman of independent property. Defendant : So I am, and I earned it. Mr. Di c k son : You have committed a brutal and savage assault on the woman, and you must pay a fine of £2 and costs. The fine was at once paid. ASSAULTS.—Mr. Thomas neatly, of the Old Ropery, summoned Mr. Duncan Campbell, of Fazikerly-street, with having assaulted him. The complainant said, on Saturday week he went to defendant's for the payment of over £3. The defendant was out, but he was requested to wait, and did so. When he came in he refused to pay, and caught witness by the collar, tore his shirt, bruised his arm, and threw him down five or six steps. In reply to the defendant he said he was sober at the time. The defendant denied that he used more force than was necessary to put him out. The money was due for " swillings," and Mrs. Campbell had nothing to do with these domestic matters, and be told him to come another time, but he refused. He produced a witness, who said the complainant was not sober. The magistrates said there was too clearly an assault coin. mitted, and fined the defendant £l, and costs. A FITZCLARENCE IN Tnousuc.—An eminently beautiful looking young female, who gave the aristocratic name of Emma Fitzclarence, was charged by another young lady named Elizabeth Ray, a resident of 19, Clare-street, for having assaulted her. Mr. Goodies was for the defendant, who resides in Bolton -street. Both parties appeared as if just turned out of a Paris dressmaker's shop —un bonnet a 4nglaise—on the back of the head, or rather between the should:rs. The story told by Miss Ray was given in the following words :—Mr. —, who is a most particular friend of mine - very particular, indeed, for years—lately got acquainted with Miss Fitzclarence. Here Miss Fitzclarence smiled, laughed, and exhibited her pearly teeth to the evident chagrin of Miss Ray, who, in a great pa ss i on, exclaimed " Oh, th e y may , who wins." (Whether t h e lady th the whitey laugh teeth her won or not, the Shaksperian observation only made her laugh the more.) The c omp l ainant went on to say that the defendant had robbed her. Mr. Goodier : Robbed you of what ? Of my friend's sweet companion ship. He was an old, tried, and true friend, and she stole him from me. (An excellent attempt at crying was here made by Miss Ray, but she could'nt do it "no how.") I followed my dear friend to Bolton-street, and, in fact, I found him in her house—in fact, in her room— in fact, in her bedroom—in fact, in—oh, horrible!—her bed. (A load burst of laughter, in which Ite pearly teeth of the Fitzclarence was conspicturas, followed this dreadful announcement.) I met her after that in Lime street, and [—who could blame me ?—I upbraided her with treachery, robbery —in fact, flat burglary—(more laughter, and pearly teeth)—when she struck me, and thus added injury to insult. (Another considerable effort to cry, but it proved a total failure.) Mr. Goodier then proceeded to cross-examine the lady, and in doing so, he opened a nicely folded parcel that was handed him by his fascinating client, and opening it, he drew forth as comical a looking cousam of a tattered silk mantle as one could wish to gaze on. He held it up in great triumph, as a trophy, and said, look at that, ma'am, look at that, and say, did you ever see it before ?" " Well, in fact (she dwelt largely in facts), I may have seen it, but it would take an able lawyer to recognise it now—that is, judging from its present and former tout ensemble." Mr. Goodier : Was it not trans formed, or translated, or transmogrified into its present state by your tiny fingers? Well, I believe I had that distinguished honour. Mr. Goodies : That will t . case was then dismissed. (BEFORE MR. MANSFIPID.) Tn a case wh ere a policein9:, summoned a carter for driving on th e wrong, of the way, i n W ater l oo -road, do Satur d 7y, the defendant complained that he.was more sinned against than sinning. He was going in a great hurry to the docks, with goods for a steamer, and it being near six o'clock, he went on the side of the road, as it was empty, in order to get in time, but as the policeman stopped him he lost the steamer. Mr. Maus field did not think the case was one that should be brought before him. He dismissed the case. ASSAULT.—John Campbell was charged with having assaulted Mary Anne Ross, and also a policeman, in New Bird -street. Th e woman was s i tt i ng at her own door, when the priso ner came up an d struc k h er, and on a police constabl e com i ng u p, h e a l so assaulted him. The prisoner was fined £2, or i n d e f au l t of payment two months' imprisonment. LORD COWLEY'S ARRIVAL IN ST. PET EI went down to Peterhoff, in the Princu— • "IG.—They , —,-, and were received at the debarcadere by some of tne officers of the Court. Imperial carriages were in attendance to convey them in the first instance to the English palace, where they found an elegant deleziner prepared for them, and every convenience for making their Court toilettes. They were then conveyed to the Imperial Palace, where, in the first instance, Lord Granville was presented to the Emperor at a private audienea of some duration, after which his Lordship presented in succession all the members of the embassy- The Emperor was, I understand, all cordiality and condescension, frequently addressing the persons pre en Imperial sent in the English and French languages. the ladies to, Nlajesty's deportment is spoken of in terms of high ad-, miration by every one who had the honour of a presen. , Gr a nville Cation. Subsequently Lady Stafford, Lady Emily Peel, the Empress, and, in her turn n ;:e ll :t7d as th p her suite, the Marchioness of n Gower. Char a-banes and Lady Margaret Leveso the were in waiting, into which whole party got at ' the termination of the ceremonial , an d a drive round the beautiful grounds of Peterhoff filled up th e ti me until dinner, which, like the breakfast , was prepared at the English Palace. At this banquet, several of the high officers of the court were p resent, amongst whom, the of Count Nesse lrode Was a c ti ve in discharg i ng the duties oo hospitality to the di stinguished guests. At 11 o'clock the whole party were safely conveyed to town in the Princess Alice, being the first time that the voyage has been performed at that late hour by a vessel of her. tonnage. So ended a very pleasant day for the British Embassy, and at the same time terminated the St. Peters burg portion of their mission, leaving them nothing to do but settle M. Dimonte's little bill, pack up their Portman. teaus, and proceed early next week by special train to Moscow. AT THE QUEEN'S HALL, BOLD STREET, ON MONDAY NEXT SEPTEMBER 18T. ROYAL AMPHITHEATRE At this house an English Opera Troupe is performing in a creditable manner the English and foreign operas common to our stage. The B9lsemian Girl opened the campaign on Monday, and displayed to advantage the gifts of the singers. Miss Lanza is Prima Donna, and is quite au fait at - each part, and has a voice of some sweet ness and great power. The tenor, Mr. Herberte, has a fine voice and good style, but wants much vocal teaching. The bassi—Messrs. Dussek and Corti, acquit themselves satisfactorily„ though it is a pity the latter would make the Austrian Count so Irish, and insist on saying that, " Memory is the only friend that grief kyaltz calls its own." The chorus, though small, was quite equal to its work, and was ably seconded by the band, under Herr Lutz. THE SMOKE NUISANCE QUESTION TO THE EDITOR OF THE NORTHER TIMES, In your reports of the proceedings in the Police-court on Wednesday, was a case in which a Mr. Brancker was sum moned at the instance of Inspector Wignall, for creating a smoke which caused annoyance to a Mr. Jackson, who has for half a century occupied a very nice, and what was, some fifty years ago, a pretty cottage, with as pretty a garden, in Roscommon-street. The spread of civilisation, however, involves also the increase of mankind ; and Mr. Jackson's has been no exception to the general fate of such places in the immediate vicinity (let alone the centre) of large towns. Houses, cottages, courts, and other buildings, adapted to the wants of a growing neighbourhood, have sprung up all around Mr. Jackson's once delightful suburban retreat, and the necessary sequences have followed. The sun's rays have been shut out from his pretty garden—soot from the neighbouring cottage chimneys, aggravated, no doubt, by the smoke emitted from the chimney before alluded to, have all combined to render Mr. Jackson's horticultural estab lishment very different from what it was in days of yore. No doubt Mr. Jackson has felt much annoyed with Mr. Brancker's chimney, which is, after all, a trifle ; that he has, moreover, many friends on the health committee, and displays the most bountiful hospitality towards their officers ; but, of course, this latter could not exercise any influence on the action of those high-minded individuals who are entrusted with the duty of enforcing the decrees of the smoke committee—a committee who deserve every praise for the:mauner in which they have hitherto carried out the provisions of their act of Parliament. They have succeeded in freeing Liverpool from what, on all hands, was an acknowledged and an intolerable nuisance, and they have done this in the most considerate manner. The sable canopy which used to overhang the town and river, like a funeral pall, has been swept away, and our noble buildings stand out in bold relief in the bright summer sunshine, whilst the Mersey and its adjacent shores are viewed, not through dense masses of carbon, but in all the sparkling beauty of nature. I again repeat that, for having done this, without causing annoyance or cost to the manufacturers or the owners of furnaces of whatever description, by enforcing the adoption of some one of the many costly patents, the committee deserve the best thanks, not only of the whole body of the furnace owners, but the public at large. But it may be quite possible to put an undue tension on the law, and thus subject indi_ viduals to unnecessary punishment. From all I can learn, I fear this has been, to some extent, the case with Mr. Brancker, whose witnesses deposed that his chimney made no more smoke than would issue from a common house chimney. I make allusion to this matter in the most friendly spirit to the smoke committee; and I trust that the high character they have hitherto so justly deserved for carrying out their act of parliament, with all due consideration and moderation, will not be made ship wreck of by listening to th e gr i ev ances of fldgity octoge narians, who think that the world ought to stand still. Let the committee be guided as they hitherto have been by the cordially digested councils of their officers, and they will avoid the danger of acting oppressively to indi viduals on the one hand, or of permitting a public nuisance to exist on the other.—Yours, &c., X. Y. Z.