The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1855-08-28 00:00:00

the case, from which it appeared that,the defendants are coal-
merchants in Liverpool, and the plaintiff was an agent for coal
in Dublin, and the action' arose out of some contracts for sup-
plying the government, military stations, with the exception
of Dublin. From a correspondence read by Mr. Forsyth, it
appeared that various means had been employed to secure the
contract for Lewis, whose averment is, that he acted merely as
the agent of Messrs. Bromilow, Haddock, and Co. ; among
others, that Lewis was to give the government officers to un-
derstand that parliamentary and other influences might be
made to bear in favour of Mr. Lewis as the prospective con-
tractor. The contracts were entered into by Mr. Lewis,
Messrs. Bromilow, Haddock, and Co., being his securities.
The coal was supplied up to a certain time, about which
period complaints were made as to the quality of the coal, and
shortly after this the supply of coal was stopped, and
Lewis was sued by the government authorities for
breach of contract, estimating £I,OOO as the
amount of damage sustained by the failure of his contract.
Under these circumstances,the plaintiff applied to the defend-
ants for a written indemnity. In compliance with this re-
quest, after some demur, a letter of indemnity was given to
Mr. Lewis. The action, at the instance of the government
authorities, was carried out, a verdict was obtained, and ex-
ecution was issued against the goods of Lewis for upwards of
£BOO. The goods were sold under the execution, and Lewis
was ruined. At the conclusion of the learned gentleman's
opening address, Sergeant Wilkins, on the part of the defence,
intimated that a cross action between the parties had, since
the commencement of the present assizes, been referred, and
he suggested that this case should also be included in the
reference. After some conference between the counsel on
both sides, this course was acceded to, a verdict being re-
corded for the plaintiff, subject to reference.

CLAIM FOR DAMAGE.—WHALEY V. LAING.—This was an
action to recover compensation for alleged damage occasioned
by the defendant, owner of chemical works, situated on the
Ince Hall branch canal. The plaintiff was owner of a
colliery, adjoining the same canal. The allegation was that
the defendant fouled the water of the canal with muriatic
acid gas to such an extent, as considerably to damage the
boilers connected with the colliery. Prior to the bringing of
this action the case had been referred to Mr. Dalgleish, who
had proposed an award in favour of the plaintiff for the sum
of £62 Bs. 7d., for injury up to the period of the arbitration.
Further injury was sustained subsequent to the award, and
the plaintiff made an additional claim of £72 on the basis of
that award ; but this the defendant refused to pay. Hence
the present action. The claim now made amounted to £9l,
the actual amount of damage alleged by him to have been
sustained. After the statement for the plaintiff, his lordship
suggested that a verdict should be taken for the plaintiff, sub-
ject to a reference, and this was done.
SHIP INSURANCE.—WHITE v. SHEPHERD.—ThiS was an
action brought to recover the value of an insurance policy
effected on the ship Actaeon, despatched from Liverpool with
a cargo of coal to San Francisco in Ausust, 1852. In the course
of the voyage she encountered severe weather, and near the
Falkland Islands sustained such damage as to render her re-
pair difficult, if not impossible- She was, therefore, sold, and
the object sought to be established by this action was to re-
cover the difference between the sum insured and that which
she sold for.—Mr. Hill, Q. C., and Mr. Melhuish appeared for
the plaintiff; Mr. Watson, Q. C. Mr. Wilde, Q. C., and Mr.
Tomlinson for the defendant.—The defence was non-liability,
on the ground that the ship was unseaworthy. Evidence was
heard at great length to show that shortly before she sailed
from Liverpool she had been overhauled, and repaired in such
a manner as to render her entitled to a certificate IE 1, and
seaworthy. She took about 800 tons of coal, and was not
overloaded. In the channel, as she was going out, she en-
countered severe weather, and having pitched against a
head sea, a small quantity of water came in, and she was
put into Queenstown, where the damage was substantially
repaired. In crossing the Bay of Biscay the wind changed,
and becoming cross the ship rolled very much, and the cargo
shifted so as to cover some of the coal ventilators and block
them up. To rectify this some of the coal was thrown overboard,
about ten tons in all, and it was taken fore and aft. If the
coal had been thrown over to lighten the ship, it would have
been in all likelihood taken from amidships, as was alleged.
After crossing the River Plate very heavy weather again oc-
curred, and the ship driving on a lee shore, the wheel not
being able to hold her, she broached to, a sea struck her on the
quarter, broke the tiller, and sprang the three lower masts and
bowsprit. After this she made for the Falkland Islands, and
was found so unseaworthy that the voyage could not be pro-
secuted.—On the part of the defence it was admitted that the
Actteon had 100 tons of coal on board; and that after the ac-
cident which broke her tiller and so injured her, there were no
means of repairing her at the Falkland Islands. The case for
the plaintiff having been heard, the court rose at a quarter-
past eight o'clock. The case for the defence will be com-
menced this morning at nine o'clock.

CROWN COURT.—YESTERDAY.
(Before Mr. Baron Platt.)

ACTION TOR RECOVERY OF DAMAGE.—TyREE V. RITSON
AND OTREES.—The plaintiff was represented by Mr. James,
Q.C., and Mr. Henderson ; Mr. Knowles for the defence. The
action was for the sum of £l9 10s., for alleged injury done to
some porter, through the negligence of the defendants. The
i plaintiff is sole agent in Liverpool for the sale of Messrs. Bar-
-1 clay and Co.'s porter. In Sept. 1863, the defendants shipped
1 for the plaintiff a number of barrels of porter, on board the
Trafalgar lighter, to be conveyed from London for Liverpool,
where it arrived ultimately on the 25th of October. On in-
spection, it was found that seven butts had been seriously in-
jured duringthe voyage, and there had been leakage to the
extent of 232 gallons, amounting in value to the sum claimed.
The defence was, that the injury was occasioned through acci-
dent of the sea, and further, that due diligence was not used
on the part of the plaintiff, who allowed the porter to lie for
several days on the quay at Liverpool. His Lordship ruled
'that a non-suit should be entered on the ground of general
.Aon-liability, with liberty to the plaintiff to move for the
Amount claimed, if it could be shown that the goods had been
improperly stowed.—Mr. Knowles contended in his address to
the jury, that there had not been any evidence of improper
stowage, but that the leakage, if it occurred on the voyage,
was occasioned by the severity of the weather encountered on
the voyage.—Mr. James next addressed the jury, contending
-that the stowage was improper, and on that account claimed a
'verdict for the plaintiff. The butts were admittedly crushed
as had been proved by the witnesses for the defence. It had
also been proved that iron had been laid over it.—The Judge
-rammed up at great length, and the jury, after a consultation,
I returned a verdict for the plaintiff, on the ground of improper
stowage,
VERDICT BY CONSENT.—SWIFT e. EIELDING..—III this
,case a verdict was taken by consent fcr the sum of £7O, with
forty shillings of costs subject to a reference.
ILLEGAL DISTRESS.—DAVIEB V.JONES.—The action in this
instance was to recover damages for a distress illegally made.
The plaintiff was Mrs. Rosina Lousia Davies, and the defen-
dants were Thomas Jones, Thomas Priee Jones, and Hugh
-Jones. Mr. James, Q.C., was for the plaintiff, Mr. Overend
for the defendants. In an early period of 1863 the plaintiff
-resided in Canning-street, but had given notice to quit. She
took a house which belonged to the defendants at an agreed-on
rent of £35 a year, if it were put into proper habitable condi-
tion. The necessary operations for putting the house into
•order were commenced, but went on so slowly, that on Mrs.
Davies having to leave the house she was in, the other was not
ready. After some explanations, the work still went on, but
so slowly that she threatened to give up the house, and, ulti-
metely her goods were put in, she having only consented
to pay rent from the time the repairs were completed. She at
different times had been applied to for money to carry on the
repairs, and had in fact paid £l3 on this account. In this
state of matters, she was persuaded to sign a paper, which she
was told was not to take effect till after the repairs were
completed. On signing this paper, the workmen were with-
drawn, and so matters remained till the 24th of Nov. 1864,
when an execution was put into the house, and all her things
were seized. Possession of the goods was retained for some
time, till the plaintiff, under protest, paid the sum of £4l7s.
.6d., to redeem her goods. It appeared that the plaintiff had
purchased some furniture the night before the distress, and
that furniture was standing in the house without having been
unpacked, and that furniture was also seized. Evidence was
given for the defence, which lasted a long time. The jury was
addressed by counsel on both sides, the Judge summed up at
great length ; after which, the jury returned a verdict for the
plaintiff for 1.36 7s. 6d. The case lasted till within a quarter
to eight o'clock.
The court then adjourned till nine this morning.

In addition to the unfinished case before Mr. Justice Crowder,
there still remain three special, and fourteen common jury
causes to be disposed of.

[For remainder of Assize Intelligence, see Sixth Page.]

LIVERPOOL QUARTER SESSIONS.-
YESTERDAY.
(Contiuuedfronz Third Page)

Thomas James, 18, tailor, Joseph Kendall, 21, hawker,
and Henry Walker, 16, shopboy, who pleaded guilty. to
breaking into the house of Edmond Pegan on the 25th of
July, and stealing 15 pieces of cloth, 12 pieces of lining, two
coats and a shawl, were sentenced, the first to 7 years' penal
servitude, the second to 18 months' imprisonment, and the
third to 8 months' imprisonment.
Frank 11`Hugh, 18, labourer, found guilty of stealing a
jacket, the property of John Luke Ryan, two years' imprison-
ment, with hard labour.
Jane Torrey, 26, charged with stealing 100 gross of corks
belonging to her employer, Benjamin Ellis, of Duke-street,
acquitted.
Jane O'Keife, 28, servant, was found guilty of stealing a
pair of stays, a shawl, a purse, three silk handkerchiefs, four
bonnets, and other property belonging to Hugh Owens, her
master, and sentenced to four months' imprisonment.
Charles Resworth Redfern, 28, druggist, for embezzling
£lBls. 3d., the property of his employers, Messrs. Ednay and
Rains, his employers, was sentenced to four months' imprison-
ment, with hard labour.

AN INSTANCE OF "SUMMARY JURISDICTION."—At the
sessions yesterday, the learned recorder explained that the
magistracy had had their " summary jurisdiction" extended
under a recent act. In the "good old times" the following
case would have involved a committal for trial at the sessions,
and a world of expense. John Fitzgerald and James Han-
lon, two well-known young thieves, were caught by detective
officers Povey and M'Culloch picking pockets in the most
crowded part of St. James's-place, on Sunday night. They
did not deny their crime—indeed it would have been useless—
and they were at once committed to gaol for three months
each.
How STOLEN PROPERTY TRAVELS.—Thomas Revell, " a
broth of a boy," was charged at the Police Court, yesterday,
with picking two £1 Scotch notes from the pocket of Miss
Pennycock, of Hanover-street, as she was stepping ashore
from the Scotch steamer. John Reddington, apparently a
well-to-do Irish tradesman, was detected changing the notes
at the public-house of Mr. Balderson, in Dale-street, from
whom he had obtained 19s. Cd. for each note. He said that
the prisoner asked him to get, .the notes changed for him,
and thus led to the apprehension _if Revell, who was sent to
gaol for two months. Reddington was ordered to restore the
change he had got from Mr. Balderson, and the notes were
given up to their owner.
LEEDS.—Prices are without alteration, and the mills con-
tinue to be actively employed. Many buyers have been in the
town during the week,. both from London and the country,
and a full average business has been done in the warehouses,
but very little doing for shipping.
LEICESTER.—The trade here continues to improve, and the
late fine weather gives confidence fPr the present and induces
hope for the future, The crops in %bit; neighbourhood are
$904;1, Wool !ind yarn keep firm,