The Daily Times.
Liverpool, Merseyside, England, 1860-03-28 00:00:00

SOUTII LANCASHIRE

ASSIZES.

CROWN COURT.--LYEsTEaray.
(Before Mr. Justice Hill.)
The court sat at 'nine o'clock. _
ROBBERY AND ARSON AT LIVERPOOL—Thomas
Chaloner (35) was indicted for haying at Liverpool, on
the 2nd of. January last; feloniously stolen 10 tons 14
cwt.. of olive oil, the property Of Elijah Price and
others, and he was further indicted for feloniouslV
setting fire to a certain warehouse, with intent to injure
Elijah Price. Mr. Aspinall and Mr. Preston prosecuted,
and Mr. Scott defended the prisoner, wko was a ware-
houseman in the employ of Price and Lace, general
brokers, Exchange-street East. It appeared that on
the 17th of Decemher last alarge quantity of olive oil
—about 170 casks—was put into the prosecutor's ware-
house, which is known as "Carson's B," situated in
Blundell-street. On the morning of the 2nd of January
a fire broke out in the warehouse and was not extin-
guished before considerable damage was done. A few
days afterwards the prisoner absconded, and a survey
was made of the premises. Deteetive Inspector Horne
was entrusted with the task, and found that some of the
casks of oil were empty whilst others were partially
empty. At the further end of the cellar a hole was
found in the floor above,—the room being in the occu-
pation of a man named Duffy. On this floor was found
a large quantity of resin-wood cut up into chips and
-piled up on the top of some barrels so as to reach the
floor of the room above. On that floor was found 'a
quantity of valonia, a substance ,used by tanners, in a
corner' corresponding in area to the pile 'of resin-
wood below, and on removing the valonia found that
there had been placed a considerable quantity of resin-
wood chips, so as to communicate with the chips below
if 'set on fire. It was ascertained that the prisoner,
before absconding, had sent some casks of what he called
lime-juice, to Willen-hall, Staffordshire, and also that he
had taken from. Mr. George Hall—to whom he paid six
months' rent in advance—a cellar; in Wolstetiholme-
square, where two casks of oil were placed by carters
under the direction of the prisoner. A Liverpool detec-
tive-officer, John Scott, went to Willen-hall, in search
of the casks of lemon-juice, which he understood had
been consigned to Messrs. Stewart and Co. of that place,
and at the railway station he found the eight casks
directed as stated, but on examining .them found that
their contents were olive oil and not lemon-juice. The
prisoner was apprehended at Shrewsbury, and. Scott
charged bim with the felony and'arson. The prisoner
replied, " I and Duffy set fire to the place: On Mon-
'day after Christmas-day, being a holiday,. we took up a
board in the floor in Duffy's room, then pumped up the oil
into his place, and :then took it away. On the following
Sunday, New Year's-day, we got some resin chips
and put them under the floor, then poured- some
naphtha upon them and set ' fire -to.. the place."
Subsequently, to Detective Laycock, the prisoner said,
when told that Duffy had. absconded, "It was
Duffy who first induced, me to steal the oil, and after-
wards set fire to the' place." The prisoner pleaded
guilty to the felony, but in his behalf counsel urged
that there was not sufficient evidence to convict him of
arson, unless his own statement, made when he was in
an excited state and in the hands of the police, was
held to be adequate proof of his guilt. The jury found
the prisoner guilty. His lordship said arson,was at all
times' and in all places a most serious crime, but in a
town like Liverpool its heinousness extended to the
first degree, and to mark his sense of the crime sen-
tenced the prisoner to fourteen years' penal servitude.
His lordship passed a high compliment upon the detec-
tive officers concerned in the case for the diligence dis-
played by them in' bringing the prisoner to justice.
A SECOND CHARGE OP ARSON AT LIVERPOOL—The
grand jury ignored the bill in the ease of William
Hamer, who was charged with having at Liverpool, on
the 30th Jan. last, feloniously set fire to a certain ware
house.

ATTEMPTED RAPE AT LIVERPOOL.—James Lloyd
was tried, and acquitted of the charge of having at
Liverpool on the Bth January last assaulted Agnes
Keeley with intent to ravish her.

ASSAULT AND ROBBERY AT ROCRDALE.--JalßeS lior-
rocks (30),'Samuel Woolley (24), and Adam Dalrin (22),
were indicted for having at Rochdale, on the Ist March
last, feloniouslY assaulted one Benjamin Brearley, put-
Ail* him in bodily fear and danger: of his life, and with
great violence stealing from his person £2 6s. and a
purse. •Mr. Kaye was for the prosecutor, and the
prisoners were undefended. The prisoners and the

Prosecutor had been drinking together at several public
houses on the night in question, and when the prisoner

.
was going home' Horrocks knocked him down and
rifled his , pockets, whilst the other two prisoners held
.him down, He •lay for some time insensible upon the
ground, but on his recovery gave information to the
police, and the prisoners were apprehended about an
hour afterwards. Horrocks had been previously con-
victed and was sentenced to eighteen months', and the
other prisoners each to twelve months' imprisonment.
lordship observed that highway robbery was but
too prevalent in this county and must be put down
by the strong arm of the law.
FORGERY AT LivEnpoot.—William Dutton (28) was
indicted for having at' Liverpool, between the 19th of
July Sand the 26th of September, '1859, feloniously
forged certain orders for the payment of .£6 45., 4, and
£5, with intent to defraud. The
.prosecution was con-
ducted by Mr. Aspinall. The prisoner, who was for-
merly in the employ of Messrs. G. E. Balleras & CO.,
merchants, Tower-chambers, had obtained money on
forged orders from several parties in Manchester, Old-
ham, and other plates, and was apprehended after hav-
ing confesied his crime voluntarily in a letter written to

his employers disclosing the real state of the case and
asking .their forbearance until he could return the
money. At the same time he stated that he could not

lead his evil life any longer, and that if necessary he
would give himself up to justice. The jury returned a
verdict of guilty, and two previous convictions against
the prisoner having been proved, he was sentenced to
eight years' penal servitude.
The court then adjourned.

NISI PRIUS 'COURT—YESTERDAY.
(Before Mr. Justice, Bla4buru.)

LYTHGOE. V.. VERNON.—This ease was resumed at the
sitting of the court. His lordship 'having summed
up the evidence, the jury gave a verdict for the defen-
dant, but, upon the application of Mr. Temple, execution
for costs was stayed until the 6th of next term.
SEYMOUR v. GREENWOOD.—The plaintiff in this case
sought"td recover compensation for injuries sustained by
him, w Bile being eoaveyed in the defendant's omnibus,
on the 22nd of August last. Mr. Monk, Q.C., 'and Mr.
Leresche appeared for the plaintiff, and lift. Wilde,,
Q.C., and Mr. Jones for the defendant. It appeared
that. the plaintiff, Alexander Seymour, was a builder
at Manehester, and about 55 years of age ; and the
defendant, jOhn Greenwood, was the great omnibus
and hackney coach proprietor, of Manchester. On
the 22nd of August last, the first day of the annual
regatta, on the irwell, the plaintiff was proceeding in
the defendant's omnibus from Deansgate to the Pomona
Gardens, The usual terminus of the omnibus was the
Egertoyrarms, belt on the occasion of the regatta, it was
the invariAle practice to continue the journey as far as
the Pomona Gardens. On arriving at the Egerton
Hotel, an altercation took place between the plaintiff
and the conductor, Dixon, the plaintiff not being pro-
vided with the amount of his fare; and ,the result was
that Dixon seized the plaintiff by the collar, dragged
him out of the omnibus, and threw him upon the road.
At the moment he was.thrown out of the omnibus, a han-
som-cab, also the property of the defendant Greenwood,
was being driven along the road, and it passed over the
plaintiff: His legs and ankles were severely fractured.
and his Bead was much crushed, the skull being laid
bare some six inches. In conseperice of these injuries
the plaintiff had been confined to his bed for five weeks,
and he continued lame to the present moment. His
memory and eyesight were seriously affected, and he
was unable to pursue his ordinary occupation. The
medical man who attended him. gave
,evidence to the
effect that the plaintiff could not be pronounced out of all
danger even now. The learned judge stated that
Dixon's employer Was liable for all acts which he com-
mitted in the discharge of his dirty, but he could not be
responsible for the man's wilful misconduct. It would
be the bettO plan to take the opinion of the jury as to
the amount of damages, and leave it to the Court of
Exchequer to say whether, upon the evidence, the
defendant was liable. His lordship's suggestion was
acquiesced in by both sides, and the jury found a verdict
for the plaintiff. Damages £lO5.
DISPUTED RTORT TO 4 WATER COURSE.—LORD AND
ANOTHER v. PrEr.nrrici.—This was an action brought
against the defendant for diverting a watercourse. Mr.
Monk, Q.C.. and Mr. Jones appeared for the plaintiffs,
,
Q.C.,
and Mr.-Fernley for the defendant.
The plaintiffs, Samuel and Jos. Lord, were cotton spin-
ners, at Smallbridge, near Rochdale ; and the defendant,
Who -carried 'on business as a machine maker at the
same place, occupied premises 'contiguous to the pre-
mises occupied by the plaintiffs. The present action
was in, reality brought to establish the plaintiffs' right
to the use of '
certain water, by means of_ a weir,. and a
sluice conveying it from that weir, and from a stream
called the •Smallbridge Brook, or Ashbrook, through
land partly in the occupation of the defendants ; but
through land in lease to the plaintiffs themselves,
down to the cotton works belonging to the plaintiffs.
After the examination of the first witness in the case,
a consultation took place between the learned counsel
engaged on each side, and it remitted in a juror being
withdrawn.

,
BECK V. DPIIIIGH AWD ANOTHER.—This was an
action against the defendants, Cornelius and Arthur
'Gill Denb!gh, for
.having levied an illegal distress for
rent upon the premises of the plaintiff. Mr. Temple,
(,),.c., appeared for the plaintiff, and Mr. J4mes, Q,C.,
and Mr. Kay for the defendants.: In the month of
re na at
February 1859 the plaintiff took a h7seanadg
shopeelo
17, Market-street, Manchester-road, Burnley, belonging
to a person pf the name of Mrs. Shaw. Au
was made that the rent should be £45 a-year, and that
it should be paid in advance. In the following October,
when the plaintiff was absent in London, the, defendants
Iput in"a distress for the rent of the premises, and with-
vat complying with the usual forms, peremptorily sold
;off the furniture and stook at a considerable sacrifice.
,The case was not concluded when the court rose.

ASSESSOR'S COURT.
(Before J. J. Aston, Esq.) -
CLAIM AGAINST A RAILWAY COMPANY. - Mr.
Edwards, engineer, Mr. Blaneley, and Mr. Marsh, all of
Manchester, were respectively plaintiffs in actions
brought against the Manchester, Sheffield, and Lincoln-
shire Railway Company, to recover compensation for
injuries received in a collision which took place on the
defendants line. From the statement made by Mr.
Pope, who appeared for the three plaintiffs, it appeared
that they left Manchester at half-past six on the 24th
of December last, and that their train was stopped for
some time at the Ardwick station. A train of the Lon-
don and North-Western Company was seen approaching
on the line from Stockport, and the pointsman at the
junction, perceiving that there was an engine on the
line, in order to avoid a collision, turned the London
and North-Western train on to the defendants' line,
and it ran with great violence into the train standing at
the Ardwick station. The 'plaintfir Edwards was very
seriously injured, and the' other •
or less, by the collision.—Tho jury
plaintiffs were also
ds £3OO damages, Blanely, £175, and
sa:Ni‘ff,aarersrdhei
ds,
£so.,Emd r.

!angnde-upon
her. The
girl, brought
ITALIAN REvENOE:—A Turin journal states that a
maid-servant lately. administered to a lady an enema,
made with an infusion of althea, in which she had put
licaiavteinhgerpairenv,
before.o.magistrate, was, condemned to a severe punish-
lvnicctilmer
smiiffaetcredhelte) rti
ment.—Lancet.