The Daily Times.
Liverpool, Merseyside, England, 1860-03-12 00:00:00

LOCAL INTELLIGENCE.

On Saturday, 100 men, we understand, were dis-
charged by Messrs. Laird, the eminent shipbuilders, of
Birkenhead.
THERE IS A TIRE' FOR EVERETHING.—On this sub-
ject a lecture was delivered last evening at the Argyle
Rooms, Argyle-street, Birkenhead, by Mr. Samuel
Harris.

UNLAWFUL MARRIAGES.—Petitions to both Houses of
Parliament, against legalising marriage with a deceased
wife's sister, lie at the Messrs. Smyth, 62, Bold-street,
for signatures.
CHILDWALL RIFLE CORPS.—On Saturday evening
last this corps, under the command of Capt. S. R.
Graves, was sworn in at the Childwall Abbey Hotel, by
William Rithbone and Francis Shand, Esqrs. At the
close, three cheers were given for the Queen, three for
Capt: Graves, Scc.,
Tilt WRECK OF THE ROYAL CHARTER.—The under-
writers have recently sold the wreck of the Royal
Charter for £l,OOO to Messrs. Gibbs, Bright and so., the
owners, at this port. It is understood that no effort
will be made to recover the remainder of the gold until
the fine weather has set in. The underwriters repre-
sent that the amount of gold recovered- was short
£40,000 of the amount on freight, and which they paid.
THE 'DIVISION ON THE ADDitESS.—Mr. Ewart voted
with the majority on Friday night, but Mr. 'Horsfall
does not appear to have been present. Mr. Egerton
voted with ministers, but his colleague, Mr. Legh, did
not vote at all. The minority of 56 includes the names
of Sir John Pakington and Lord John Manners, mem-
bers of Lord Derby's Cabinet, but not of Mr. Disraeli.
Sir Hugh. Cairns does not appear to have voted at all.
Altogether, it had little the character of a party division.
BAZAAR AT THE QUEEN'S-HALL.—It Will be seen
by an advertisement we' publish to-day, that a bazaar
is to be held in the Queen's-hall, Bold-street, during the
present week, the proceeds of which are to be applied in
aid of the liquidation of the debt incurred in the recent
alterations and improvements hi Trinity Church, St.
Ann's-street. From the distinguished patronage under
which this bazaar will be held, and the influential com-
mittee by which 'it will he managed, there can be no
doubt that, it will be one well deserving of the public
patronage. '
_
LIVERPOOL novA.r, INFIRMARY.—Return for week
ending 10th March :—Admitted : In-patients, 48; out-
patients, 31; surgical casualties, 36. Discharged :
Cured, 21; relieved, and at own tuldest, ; made out-
patients, 3; irregular, 0; dead, 2. Remain in the house,
202. For the ensuing week—Visitors, Messrs. J. G:.
Livingstone and Edward Gibbon ; Physician, Dr.
Inman ; Surgeon, Mn Long. House StiVeoti Mr. T. S.
Walker; Junior House Stirgeori, M. H, liatedort;
Chaplain, Rev. E. Poole, C. Wilson, Treasurer.
TESTIMONIAL TO MIL COBDEN.—The friends of Mr.
Cobden have spontaneously, and it is said without his
knowledge, got up in the course of some three weeks a
princely testimonial to him. The first promoter of the
movement is a gentleman in Lancashire; who thotight
that the best way to show his gratitude WAS to present
Mr. Cobden with a large sum of money. He communi-
eated With others upon the subject, and headed the list
of subscriptions with the munificent sum of £.5,000.
The suggestion was no sooner thrown out than it was
eagerly caught at ; and in the space of three weeks•
more than 240,000 have been subscribed—the highest
donation being £5,000 andthe lowest £5OOl

ADDITIONAL CHURCH CURATES EiD Sbelttli."YeSl
terday evening a sernida iii ifellalf of this Society was
preached at St, Baviour's Church, by the Rev. W. 11.
of London. The rev. gentleman took for his text
the. passage in the 12th chap. of St. Mark, in which the
incident of the widow and her mite is related. After
some preliminary remarks upon the importance of alms-
giving, the preacher proceeded to notice the various
motives by which many people are influenced in bestow-
ing their donations. He then pointed out that the only
motive which should influenee the real Christiaii.Was a
desire to glorify Ctod, lie impressed upon his hearers
that hOlVeter much they might give, if it was not done
in a proper spirit, it would be of no avail, and there
• would be no reward. for them in heaven. The conclud-
ing part of the sermon set forth in a most forcible and
eloquent Manner 'the claiiris of, the society in whose
behalf the discourse was preached. Sermons in aid of
the same society were preached- during the day at West
.DerbyiAighurtb, Grassendale, and Waltork.
SERviai, Ydit NoN-enuncir-GOERS.—Last evening
the second of a series of Sunday evening services took
. place at Hengler's Circus, for the especial benefit of
non-attendants at places of worship. There were present
about two thousand persons. The best seats were
crowded with respectably-dressed persons, most of Wiidth
held books in their hands. The second-Class seats were
filled partly with boys and girls, who did little else than
prattle to each other, or • otherwise amuse themselves ;
and it wasin vain that two or three men endeavoured to
quiet the'M. There was a mixture of the working
classes, but, judging from appearances, the place seemed
I remarkably void of the class for whom the services are
nominally instituted, and there seas a greit deal of run-
Ping eat and bi among the people. . The Rev. Mr. Lowe
preached a practical sermon from the 14th verse of the
the 3rd chapter of John, " And as Moses lifted up the
serpent in the wilderness, even so must the Son of Man
be lifted ap." Services of a similar nature were also
held at the Adelphi Theatre, to which observations
similar to'the above may be applied.
DESTRUCTION OV.A SPINNING. MILL, AT_ PRESTON.—
t*ENTY THOUSAND POUND.. DAMAGE.—Shortly before
six o'clock on. Friday morning, a fire broke broke out in
the third storey of do cotton spinning mill of Messrs.
J. and J.' Resin!, Parker-street, Preston. The mill
was four storeys high, and about forty yards long by
thirtyyards in breadth, and contained 29,000 spindle.,
withpreparation. Two fire engines arrived on the spot
in about twenty minutes, bilt by that time the fire had
so spread-=having got id Of the whole building—that
the et torts of the firemen to either extinguish the
flames, or to save any portion of the main building were
utterly powerless. Indeed, such was the rapid progress
of the fire, that in fifteen minutes after the alarrilWas
raised the roof fell in) the *iiide*s were all burnt out,
the flooring of the various storeys gave way almost
simultaneously, and along with the mules- carding
frames, &c., fell to the ground floor with a fea;ful crash,
nothing of the main building being left standing but a
portion of the north and south walls. The engine and
boiler houses at the east end of the mill were left
untouched by the fire. There are various rumours afloat
as to the origin of the fire) bitt bathing definite is
known. on the subject. When the fire commenced the
whole of the hands had nut arrived at the mill, but the
greater part of these present escaped by the staircase;
the rest by a ladder which was reared against a window
in the third storey. The building and its contents were
insured for upwards of £20,000, which it is thought
will barely cover the damage sustained.,
IfeSoi.VENTs.—lnsolyent debtors heard at Lancaster,
'on Friday, the 9th day of March, 1860, before Robert
Seger, Esq., Judge of the said Court :--Santuel Bedford,
beereeller, Newton Heath' ; Itinee, painter,
plumber, and glazier, Manchester ; Thomas llorsburgh,
gardener, Preston ; Robert France, ale and porter
dealer, Freston ; Jabez Hooton, blacksmith, Wigan ;
Joseph Dugdale, greengrocer, Clitheroe ; Jesse Mather,
beerseller, Newton Moor, near, Ashton-under-Lyrie ;
John Hall Wright., (sued as John H. -Wright,) brewer,
Seacombe, near. Liverpool; James Holline•worth, cotton
spinner, Mossley ; Thomas Davies, boot and shoemaker,
Manchester 6 John Reynolds, dab propeietor, lAverpool;
John Itaitanagh, boarding-house keeper, Liverpool ;
Richard Breay Behenna (sued with Edmund. Swonnell
as Richard Behenna), and Edmund Swonnell (sued with
Richard Behenna), hop merchants, Southwark, Surrey;
Robert Marshall Smith, yarn agent, Manchester;
James Wroe, publican, Eccles, near. Manchester ;
Robert Forrester, druggist and medical botanist, Dukin-
field ; Thomas Rogers, builder and coal dealer, Liver.:
pool discharged. Robt. Dean) beerseller, Staleybridge;
Robt: Grundy, licensed victualler, Dukinfield —dismissed.
John Hindle, grocer and provision dealer, Heaton Norris,
two months. William Walker, commission agent, Man-
chester, four months.

INQUESTS.—At the coroner's court, on Saturday,
before P. F. Curry, Esq., the following inquests were
held :—On the body of John Rodney Bridges Stephen,
54 years of age, residing at 20, Dawber-street, Everton,
and employed as clerk by Mr. Smith, Commission agent,
6, Parr-street, who hung himself on Friday last. It
appears that the deceased was much addicted to drink,
which produced despondency. On Thursday night he
returned home intoxicated, retired to bed, but in the
course of next morning. he suddenly threw off the bed-
clothes, jumped out of bed, and, saying to his wife he
was only going to the yard, rushed downstairs. Mrs.
Stephen fell asleep again, and on awakening a second
time, felt alarmed at not finding her husband returned.
She went downstairs, and found the kitchen door
fastened. She alarmed her daughter, who broke open
the kitchen door, and found her father hanging by the
neck, by a rope from a nail in the wall, Verdict,
" Destroyed himself whilst labouring under temporary
insanity."—On the body of an unknown man, who was
found lying dead at the foot of the steps of the Lancashire
and Yorkshire Railway Sation. Police-constable Michael
Baggot (779) swore that Steel, the porter of the Northern
Hospital, searched deceased's pocket, and found upon
his person £8 18s. 91-d. Steel said that when he first
reckoned the money, he thought it amounted to
£8 18s. 90., but upon handing it to the matron of the
vhospital,,erdict "Died
ed discoveredfrom a
t. thatrac
tuit r
ew aost: othnely
sk£118118: Oa.
received there way no evidence to show."—On the body
of Thomas Pye, platelayer, who was jammed to death
at the Lancashire and Yorkshire Station. The jury
blamed the labourers employed at the station, for not
using proper caution in moving waggons, &c. Verdict,
"Accidental death."

The per post for
TEETH : THEIR
poiniblaishpleipcclation Sent.
stamps,
latest
or
may
be
three
Loss AND RESTORATION. On the best means of restoring teeth,
by the new principle of self-adhesion, with. vulcanised gum-
coloured India-rubber in lieu of bone or gold, and by means of
a flexible gum, without springs or wires, and without extract-
ing roots, at half the ordinary cost. By Messrs. Gabriel,
.Just
td
Dentists' to the Prince D'Ottajana. A multum in parvo bro-
chure, which all requiring the aid of a dentist will do well to
peruse, as, emanating from such a source, it may be confi-
dently relied on.---United Service Gazette. Dental Establish-
ments : 134, Duke-street, Liverpool; 33, Ludgate-hill, and
110, Regent-street, London Note name and number. Estab-
shed 1814, yide diploma. ' .

IMPORTANT JUDGMENT IN
BANICRTIPTCY,

IN RE DavrEs AND DewEs.—These bankrupts for-
merly carried on business as soap boilers, &c., at Elles-
mere Port and Welshpool. This was a petition of the
North and South Wales Bank, upon which Mr. Com:
missioner Perry gave his decision on Saturday last.
Mr. Deighton appeared as counsel for the bank, and
Mr. Aspinall a 9 counsel for the issigneei.
His Honour, in delivering judgment, said—ln this
case the North and South Wales Bank claim to be
entitled as equitable mortgagees of a soapery and dwell-
ing house at• Ellesmere Port, where, the bankrupts
carried on the business of soap manufacturers, and of a
house at Welshpool, which had been at different times,
by deposit and written memoranda, mortgaged to the
bank to secure the banking accounts of the firm of C.
and E. Davies and the separate account- of Edward
Davies. Au additional security was given by the
guarantee of the father, Edward Davies, sen., for the
sum of £3,000, which was divided in the proportion.of
£2,000 for the account of C. and E. Davies and £l,OOO
for the:separate account of E. Davies the youngek. The
total amount now claimed to be due, exclusive of interest,
is. £2,208 lls. 4d.
I have read through the whole of the documentary
evidence and the several examinations which have Feen
taken or referred to in this case, and I am of opinion
that the weight of testimony is decidedly in favour of
the fact that the overdraft which the Davies' were to
be allowed on their accounts taken collectively was •not
to exceed £3,000, though the bank, through their
,agents, submitted, but not without continual complaint,
to an excess over that amount for many months.
Mr. Beck, one of the managers of the North and
South Wales Bank, in his examination of the 23rd of.
February last, says there was no alteration of the limit
of the overdraft ever agreed to, but after it got up we
were obliged to continue it. Early in the year 1856
the bank was led to expect that in the month of June
the balance of the bankrupts with them would be
reduced by the payment of a sum of £3,000, which
was to be advanced by Mr. Jubb, the trustee of E.
Davies, junior's, wife, Upon the security of the leases
held by the bank. This is alluded to in a letter of E.
Davies, jun., of the date of the 11th of February, 1856,'
to Mr. Jones, the manager of the Welshpool branch of
the bank. He says—"l. am glad to say I have arranged
to take up as much cash in Yorkshire as will enable
me, if necessary, to :dispense with the balance on our
accounts, but a short time must elapse, as the parties are
obliged to have notice." At an interview between Mr.
Rae, the general manager Of the. bank, and the bank-
rupts, they explained that the slim Of £l,OOO Mentioned
in the lettek of- the 11th of Pehrtlary was to be received
by Mr. E. Davies, jun.,' from his wife's trustees in June.
Afterwards, at another interview, it was promised that it
should be paid in September following.
On the 4th of Angust, 1856, when the overdraft stood
at £4,970, the state of his account ttas again brought
under the notice Or Mt. EciNtafd bavies, Itheji lie gate
the letter of that date. That letter contains an under-
taking
to deposit the lease of a house and premises -at
Welshpool; "to be held by the bank as collateral Secu-
rity for all sums of money, then due, or which may here-
after beCome due, in any manner of way from the firm
of C. and E. Davies, or on my individual account, it being
understOod that the said lease is to be given up to me on
payment by me of the sum of £3,000, as also the lease
Of a plot of land at Whitby, dheshire." When this was
under discussion, it _was objected by Mr. Aspinali
that it was not competent td the counsel for the peti-
tioners to inqUike *hit slim of £3,000 was herd meant ;
but Ras cit Opinion that Mr. Deightert Wight put the
question to the witness under examination, iilastritiCti as
there bad been a specific sum of £3,000, the subject of
treaty between the parties, and the answer was that it
referred to the money expected from Mr. Jubb. This
money was not forthcoming in September, but on the
idth of that victual E, Ilaoigs *titer; to Mr. Jones that on
his return from Yorkshire he had found that the 43,040
had been paid over to his solicitor by the parties to
whom it was advanced, and he desires him to tell Mr.
Rae that he expects about £5OO will be paid over, in
addition to the- above, from- the same quarter.. Mr.
Rae says this was the first time he had heard that more
than £3;000 was expected from Mr. Jubb. That it,was
hot paid to Mr. Daiies4s solicitcir is athitidantly evident;
but it -appears from a letter of Mr. Jubb, dated 16th
October, 1856, that the money (£3,400) had been in the
bank since the month of June. Some negotiation takes
place on the subject of this advance ; and, finally, on
the 2nd of May, 1857, Mr. Jubb informs Mr. Rae, for
reasons stated in a letter of that date, that he has made
Other arrangements for the investment of the
trust money. here it is evident, if other proof were
wanting in addition to the proof furnished by the
statement of Charles Davies, that the two cheques of
£5OO each paid in to the account in March, 1857, and
disposed of as stated by Mr. Rae, formed no part of the
originall3,ooo to be advanced by him. Mr. E. Davie
also had been in Liverpool on the 25th of March, 1857,
to deposit the lease of the Welshpool property with the
batik ; and having then explained to Mr.: Rae that Mr.
Jubb declined to- advance more than £2,400, Mr. Rae,
.by instructions from the directors, writes to Mr. E.
Davies a letter of the 30th March, 1857, insisting on
the promise made by Mr. Jubb- being fulfilled, and the
£3,400 being paid in reduction of the eeecifints.
In consequence of the refusal by Mr. Jubb being a
final one, a meeting is held, at the bank in Liverpool, at
which both the bankrupts were present, on the 11th of
May, 1857, when the state of their accounts is con-
sidered,.and it is found to be as follows:—Joint and
separate account Of C. and E. Davies and E. Davies,
£4,614 ; accommodation bills, £3,000; and other lia-
bilities, £2,646. The Davies' were then reminded
that the original limits of their account (£3,000) must
be covered by approved guarantee of that amount,
and that the excess of overdraft beyond that,. viz.,
£1614, and the three bills then mentioned; must be
cleared a in cash,
'and to facilitate their doing so,
the bank had agreed, on receipt' of £3,500 of the
amount, to give up the lease of the house at Welshpool,
the lease of the soapery, and the lease of the dwelling-
house,

Mr. Rae afterwards writes the letter of the 13th of
May, 1857, to Mr. Jones, the manager at Welshpool, in
Which, after stating in one lice tho sums which I have
given before, and which amount to £10,200, he con-
tinues thus The arrangement which the directors
will agree to is this : £1,614 of the overdraft, and all
the accommodation bills, to be paid off; and for the
£3,000 of overdraft left unpaid, the guarantee of three
or four undoubted parties to be,given. To facilitate the
arrangement the directors will give up the lease of the
house at Welshpool, also the lease of the soapery and
dwelling•house at Ellesmere Port, on receipt of £3,500."
Mr. Jones said he did not communicate the tenor of
this letter to Mr. E. Davies. I waited upon him per-
sonally." lipon this and the conversation at the inter-
view which took place on the 15tk of May turning
principally upon the question of guarantee, Mr. Aspinall
has founded an argument that Mr. Jones's evidence
given on his examination of the 25th of February, which
is to the effect that he placed the letter of Mr. Rae before
Mr. Davies, and that he thinks he read it, is not to be
relied upon when contrasted with the statement by Mr.
Davies that he never saw the letter, and that Mr. Davies's
statement that the guarantee Was to be accepted in sub-
stitution of the sum which had been promised to be
advanced by Mr. Jubb must be taken to be the true
one. Ido not accede to that argument, first, because
there is nothing inconsistent in the two statements of
Mr. Jones. He denies that he communicated the tenor
of the letter to Mr. E. Davies, using " communication"
in the sense of sending the letter to him. "He waited
upon hini personally," Next, we have seen, upon the
examinations taken recently, that Mr. E. Davies has
answered as positively to another matter of fact, and then
has been obliged to retract the statement made when his
own handwriting is placed before him. I allude here
particularly to his answer as to Mr. Yearsley, whom he
says he never saw after Mr. Maginnis's guarantee was
given. I am, therefore, of opinion that the letter was
placed in Mr. Davies' hands or on the desk before him,
an 1 that he made himself acquainted at least with its
principal contents. They were besides not new to him,
as he had been present at the meeting of the bank of
the 11th May. In consequence of this resolution of the
board of directors so communicated to Mr. Davies, he
obtains the guarantee of Mr. Maginnis, a customer of
the bank, for £3,000, a guarantee in which he is joined
by Mr. E. Davies, sen., though the bank, entertaining
an unfavourable opinion of Mr. E. Davies, sen.'s, cir-
cumstances, looked to Mr. Maginnis as the responsible
person. This may have been very unfair towards a
customer, but upon that question I am not called
upon here to give my opinion. Mr. E. Davies, the
bankrupt, stating as he does in this court that
the £3,000 of guarantee was taken in substitution of
the £3,400 of actual money to be paid by Mr. Jubb, is
nowhere found to give expression to that opinion
either to Mr. Jones or to Mr. Rae. Naturally a person
so convinced that such was the arrangement would have
applied, either by himself or his solicitor, to the bank
for the delivery up of the leases. He says, "It was no
use unless I was prepared with the money ; they would
not give them up again. He never did request them to
give up the leases. I concluded they would not give
them up." The money mentioned in one of those
answers is evidently the £3,500 stated in Mr. Rae's letter
of the 13th of May and in the minute of the board of
directors of the 11th of May. Added to all this, there
are the two applications to Mr. Yearsley and another
gentleman at Chester, made for the purpose of obtaining
the money necessary to liberate the leases.
Having, then, expressed my opinion that the discount
of overdraft agreed upon was only £3,000, and having
stated also the grounds by which I arrive at the conclu-
sion that the guarantee was not in any way a substitu-
tion for the £3,400, which was to be advanced by Mr.
Jubb, it only remains for me to state that the circum-
stance of the merger of the joint account in E. Davies's
separate account, which took place on the 2nd of July,
1857, does not, in my mind, alter the case as regards
the rights of the North and South Wales Bank, who
, have, in my opinion, established their title as equitable