The Daily Times.
Liverpool, Merseyside, England, 1860-08-10 00:00:00

THE GRAND JURY

The Hon. H. Egerton, Worsley-hall, Manchester, foreman.
P. Ainsworth, Smithhill-hall, Bolton.
F. Ashton, Polefleld, PTestvfitc, Manchester,
J. I. Blackblarn; Hale, Warrington,
E. Beckley, Manchester.
T. Earle, Liverponl,
M. Gladstone, Broughton, Manchester.
W. Gray, Wheedleld, Bolton.
•
H. Hornby, Wavertree, Liverpool.
G. H. Horsfall, Liverpool.
J. Myers, Crosby-house, Liverpool.
W. T. Naylor, Hartford-house, Northwich. •
R. W. Phillips, The Park, Manchester.
W. Preston, Rode-,house, West berby.
W. Rathbone, Green-bank, Liverpool. _
H. Rawson, Wheat&ld, Islington, Liverpool.
H. Stanton, Warrington.
A. Todd, Warrington.
W. R. Wood, Singleton•lpAge, Manchester.
Baron Martin then oeeeded to address the grand
jury a klio.ws .—Gen • en of the Jury, lam exceed-
ingly sorry to have to state to you, that the calendar
which will he laid before you, is one which contains the
records of the greatest amount of crime, which it has
ever been my misfortune to witness.- It is now
only four months since the last assizes were held in this
county, and, during that short period, no less than seen
prisoners have been committed for the crime of wilful
murder—seven nittr49'n had been committed—and from
the perusal of the depositions, some of them are of such
an atrocious character, as I never before heard of.
Gentlemen, in addition to those seven murders, there
are no less than eleven cases of natinsaughtet--,some of
them very neat( ealpreaehing the crime of murder
itself. You will therefore find,. that there is this
melancholy fact, that during this very . short period--:-.,
being only four months—there have been sixteen cases of
homicide, committed in this county. The evidence in
each case will be laid before you ; and it seems to me
that you will have to find a true bill in every case except
one. I may as well direct your attention t 4. that case
now. The person charged is 4o'lin Brett; he is charged
with manslaughter. lie was an engineer, and had the
charge of a train from Liverpool which ran into another
train at Roby. At Roby, the engineer of a train disco-
vered there was something wrong in_the engine, and
went down under the engine for the purpose of putting
it right. A coal-engine, driven by-the prisoner, came
up at the time, and ran into the other Vagine -qt the
station, and killed the engine-driver. Does that amount
to the criminal charge of manslaughter? .YOl4 YOH hear
the evidence, and it Will he for you tow whether 3(41{ think
•
the charge of manslaughter can I),g. sPrstEo4o. Thisd re.
tehaseeis.
of a very different character to the others ; and

• . .
fore it is Ow I now direct your attention to it. It is
suggested that the prisoner did not .do all he could
to prevent the collision ; but it will
.be found that
the rails were wet and slippery ; and if you should
take that view of it, and think that ;he, noiti dil all he
could in stopping Ghe UAW which be was driving, it
Will be your duty to throw out the bill. But should
you think the charge is made out, there is a vast dif-
ference between this case and such cases generally, there
being no aggravated circumstances cormecte4 with
_ _

In addition to these eves botnicidie, there are seventeen
cases ut burgliary. It will be scent,. fcom, the fact of
there being such a great uumber Qf dace, that the
example set ti;is c,ourity cove six or seven years
since has ftlilvi to have any effect ; and, as these
offences are greatly on the increase, where they
are proved, it will be necessary that the law
should be put in full force,. in
__oKdev Wit a
check may be put aim such otferices, With respect
to the other cases ;40 calendar,: I believe, short of
treason, it contains every description of Grime that is
known.. Such a calendar I never saw in the whole
course of my experience. lam happy, however, in
having the pleasure to state, that ' the RrelirrAaor
investigations have been ably cp.ndac,tedr in every case,
and I haye rarely seei deposiiiims which hale been so
ably anil fully taken. most say it is very creditable
to all parties connected with the administration of
justice. There is only one case in which it seems to me
a mistake has been made, and that is on a point of law.

I will now direct your attention to that case. It is Isla.
2in the calendar. Mary Hart is indicte4 for aid
corrupt perjury. Now, the crime of perjury is falsely
swearing to a material point, at issue. At roust riot be
merely false swearing, but syparing falsely to, a, material
point at issue. IR this case. this yaw Afon a was
what is called fat4ariqg he;. gild upon a young man,
and asaertg4, aqd positively swore, That she had not had
a child before. It was proved she had had one in 1856,
the summons having been produced, but still she swore

it was not true that she had had a child. There is no
doubt but that she swore falsely, yet 'it was not on a
material point at issue, for it had nothing wha,te;er to
do with the case that occurred ir4 Is6o, Nvhether or no
she had had a child tqw years lie ore. Who was the
father of the child i 4 1860 was the point at issue. Such.
being the facts in law, the girl had not committed per-
jury, therefore you will throw out the bill. That is the
only case, as far as I have seen, where there has been a
mistake made, on a legal point, throughout the whole of
this very, very long calendar. There ayie gorge cases,
gentlemen, of a peouliar uctAre, to which you will give
great aitte4ttoo. If tyou think there is. sufficient evi-
deuce to scud the oases bermlls court, of course you
will find a true bill; but if that should not be the case,
it will be better to avoid a public investigation. Ido
not find that I can add further to the remarks I have
addressed to you on the cases. These are all thR °lsar-
vations I have to make to yont,
The grand jury, 12.041 g returned into court with some
hills 4 tadattiii proceeded with the trial of the follow-
ing prisoners : .

BIGAMY AT SALFORD. _ .!
. Thomas Tomlinson Wilson, 32, pleaded not guilty t,cs,.
having married Elizabeth Scarsonl h* former wife
being then alivQ. The motb,ar of the &rat: Wife: WP
, called, 4.4 she proyed that the prisoner had married her
' daughter in the year 1855, aild• that they had lived
together for some years ; that then they lived apart, and
soon after he married another woman,: Elizabeth Sdarson
proved that on the 20th of January the prisoner married
her, and up to the time he was given, Into custody lived '!
a I.O* rambling
with her, and they were "as comfortg/le ika. Gould, be, -,
and for what he had done, to, her, "di.4 n9t., Wsis)l him
tc! be pullshe.cl, as he had, n 4 ". (se she stated in "ewer
to a vestion put bithe prisoner) "injured her in mina,
atsosld:teimnetedhatto she.
address, did not attempt to, c;esn,y, the fact of bite 15m-14' g
!I,
was body, a .
co: estate." sigeotuasuaviuiteternsyt.
t'
:nit'
eaaeentas;whui
tsaer, 1
ke ptaei i stper,eer, ofiasu4
noledni ,leihrni;
made a seConi marriage, bO, tnudoi a statement, which.,
the mother, most
Wl4ldhauvaint
verdict of W*ll4ve6.
denied, 'that
hur:irefitursrtne*difea
BURGLARY IN LQ:NT\ r,
George Smith,
months with hard labour.
viii-ROAD, - -
2,(4, wins charged with having- broken
md mired. the eivellirg-house'of. Mr. Robert Olphert:
‘6l, intent
, to commit a feloni. in this ' the
1
~ case rya*,
night of tie, abbse . heaecured
! ' tutor proved that on the
iii the doors before reilang— to . ' rY
&clock on the following morning he was awoke by ,
- , re,st,of.beltifea't about lord-
shipfour

hearing a nois e in the kitchen, and when he went down
he found the prisoner in the kitchen, and he shouted to
him, "Don't you see your kitchen
,is on fire," and im-
mediately made his escape out Of -the window hy. which
he had entered, but left hit'sturs. Soon 'after,the
prisoner was aPprehmided as a suspicious person, a short
,distance from the prosecutor's house, and upon the ilioes
found in the kitchen being. shown. to him in -the bride-
well, he claimed them as his own 'property, alutput
them on his feet. Guilty. A former conviction :was
proved against the prisoner, Sentence deferred.- .;
A YANKEE HOUSEBREAKER.

George Ebenezer Nichols, 2s,.;stood charged with
having broken into the dwelling4ionse of Bernard
Byrne, and stolen therefrom 151bs. Of bacon. The
prisoner, a Yankee, had lodged in the prosecutor's
house, and on the night of the 13th of June, a police-
man, on duty in Gascoigne-street, found the prisoner
standing in an entry with a lady. He had a banjo on
his arm, and upon the policeman making his appearance
he dropped a bundle between his legs, which, of course,
the policeman picked up ; and upon over-hauling its
contents, found it to be the identical bacon that shortly
before had been stolen from the prosecutor's house. The
bacon was identified, and it was proved that the prisoner
had been seen in the neighbourhood of the honse about
the time of the robbery. The prisoner, who was not
defended by counsel, made a statement to the effect that
he had been engaged "at an evening► party," playing
his banjo, and, having met with "a lady," be stopped
to talk to her, when the policeman came up and found
the bacon. It was proved that subsequent to this, the
prisoner had been seen with the bacon in. his possession.
Before the trial the prisoner had been asked if he desired
to be tried by a jury composed of half Englishmen and
half foreigners, to which he replied "it was a matter of
indifference to him by whom he was tried ;" and as the
prosecutor and the jury had recommended him to the
mercy of the court, his lordship sentenced. him to two
months' imprisonment, with hard labour, and strongly
urged upon him the necessity of his again going to
sea, and not be subject to such temptations again.
GAROTTING AT ASHTON.

William Garside, 21, stood indicted with having on
the 20th of May last assaulted and robbed John Jones,
of the sum of 6s. From the evidence adduced it appeared
that on the night in question, the prosecutor, who is a

native of Cheshire, was sojourning in the town of Ashton,
and about 12 o'clock at night he was in the vicinity of
Pitt-street, when, he stated, be was accosted by a female,
who was talking to a man, and asking him where they
should procure lodgings, and upon the prosecutor telling
her to go down the street, the man sprang upon him,
put his hand over his mouth, -pulled him down, and
kicked him ; but eventually he got up, and ran away
shouting " police," when the prisoner followed him;
knocked him down, and rubbed him. A witness was
called, who said he had been in the Ashton police, but
had been discharged from the force for having taken
a " drop too much at Whitsuntide," and stated that
he went up at the time, and when he found
the two men struggling—together he pulled the prisoner
'oft' the prosecutor,*--his hand was in his pocket, and
some halfpence dropped in the street, two of which were
afterwards -found, and identified, 'ln the defenee,-the
whole statement as to the robbery was denied, and it
was contended that the prosecutor, who it was admitted
was in a state of intoxication, went up to the prisoner
While he was standing in the entry with a female, and
asked, " What .there was to:do ;" • upon which the
prisoner,: not desirous of being interrupte4 while in
converse with the female, gave hint a push, and told
him to go about his basilica% when he fell, down, and
the coppers' fell cat cif- his pocket. .Several witnesses
were called to give the prisoner a`Character, but-. the.
jury found him guilty, and he was sentenced to. ivt'97.-
months' imprisonnient,_ with hard labour.
" THE KNIFE". -IN SOUTH TM: IN-STREET.
James Burns, 24, anArderiean atiz.an, stood indicted
with having •feionionaly contended a %male, named
Catherine Ftlin. :findalso, with having stabbed, with
intent to kill, AI-Outel Mulray. In this case the evi-
dence went to sliow that -on the 2nd April lait the
prisoner was, in a public-house in Senth John:strept,,
and itien he found that he could- not, get any'peraon to
give him more drink, he being then inte.x-ioated, be
pulled out his knife and brandisbf,i, about in all direc-
tioni, and inflicted a Wound upon the female prosecutor,
who had accidentally entered with a 6iend. then.
attempted to escape, there being a general-srow, and tot
that purpose ran into the snug, where he found Mulvey,
and upon whom he inflicted a wound with a knife-before
he could be captured. Far the, defence it was voriteifded
that the priaane; had lin intention of doing any haim,
and that he had been assaulted first, which: liad•etim-
pelled him: to use the knife, not, however, till: he had
himself been most severely Mused. . The jury found him
guilfy ef unlawfully. wounding, and be was sentenced to:
twelve months' imprisonment, with hard labour, .
. AN IRISH FUNERAL AT ..NETHEITON. •
James Farrell, aged 31, situod indicted with having
on the sth of Nay- ktst, feloniously stabbed Thomas
Haim* with intent to do him some grievous bodily
harm.- - On the day in question the prosecutor and the

prisoner, with a large number of mutual " friends,

attended a funeral of an Irishman, after which the beer

was distributed, and the prosecutor and the prisoner had
several fights, but were separated, when it we.s found the

latter had " the worst of it." .4fteT for eacaunters, they
were again separated, aid, Ali littor p.erio4 of the day,

the proseentoT wr,is ret4tniug- borne, when, nt " the old

plEleet”. (where the former eneuunters had taken place,)
he Iona() the poisoner sitting, and a struggle took place
between them, in the course of which the prisoner
stabbed the prosecutor with a %tide in the breast. Thrt,
jury found the prisoner guilty of uulawfully womnking,
and his lordship sentenced him to twalye.m,onthg. impri-

sonment with hard labour, at ,tke, same time observing;
that the use of th; kMfe must be prevented in this-

country,

BURGLARY AT MANCHESTER.
Henry Johnson, 18, stood indicted with hsaxi,ng bur-
glariously entered the house of Mr. Lititle, a provision
dealer, in Collyhurst-road,, Maueilesier. On the night
before the robbeu the prosecutor, before going to bed,
had IA " premlses properly fastened up ; but at an
_ _ _

early hour on the following morning he was called up
hy a policeman, and upon going down stairs found the
prisoner and 'the policeman in his own pnrlonr, and
several coats and other articles of wearing apparel
stowed in a carpet bag, rea,cia-tci ha removed. The

police-constable stated, t,ll,ab as he was on duty he passed
the prosecutA'a douse, at about four o'clock iu the
he tbund the parlour window open, and, or,
looking in, he saw the prisoner standing by the aide
of a carpet bag, in which were the coats, die„ which
had been left safe.on the sofa on the previous night, as
he had been informed. Lle asked the prisoner if he
lived there ; and upon his saying he did not, but that it
was his uncle's house, and he was there for the night,
his suspicion was aroused, and he called the prosecutor
up, when the prisoner was given into custody. The
prisoner admitted that he was in the house, but stated
that he was looking for lodgings, and, tending the door
open, he walked in. The prosecutor most positively
denied that he had left the, door open. The jury found
the prisoner guilty of the minor offence of stealing the
articles ; and, a former conviction haring been proved,
he was sentenced, to, three years, penal servitude.
Shortly after A:ve o' look, the court adjourned until
this. 1119PAAgi, Ott 41110 o'olook, when the trial of prisoners
wilt hue resumed,

NISI PRIUS COURT.
(Before Mr. Baron WiL
The civil business of the assi4es coruraeuced yesterday,
at twelve o'clock.

COLLIER WAWA AND ANOTHER.—In this case,
who was undefended, the plaintiff, who is a machine
agent, in New Bridge-street, Manchester, sought to
recover the value of a quantity of household furniture
sold by him to the defendant. The jury found for, the
plaintiff to the full amount claimed, 4'24 with com-
pound interest since the date of purchase.

ASSAULT IN A RAIIWAIts TRAIN.--MORRIS COL-
action was brought to. recover damages
fc.x an assault by the defendant upon the plaintiff in the
carriage of a railway train. Dr. Wheeler, Q.C., and
Mr. Higgins appeared for the plaintiff, and Mr. Mon*
Q.C., and Mr. Fernley were for the defer..4axit, The
plaintiff is an agent and genera,l amountant in .Man-
chester, and the defendaut ifa a eptton spinner at Hebden
Bridge, Yorkshire., On the 13th of June the plaintiff
voo iu a second clasS carriage travelling from Man-
chester to Normanton; The defendant got • into the
carriage at Eastwood, and immediately:called to,.
the
guard of the train to give him a light for, h.i,s
rar, The
plaintiff protested, as he, being in ill-thesilth, . might be
affected by the smoke of the totiaceo. The defendant su-e-
-deeded insetting a light, and the plaintiff's remonstrances •
\.lere unheeded by the defendant. The guard Was Walk-
ing away when the plaintiff expressed: his intention of
lodging a complaint
.against him ; the defendant said,
with an oath, "You will report him, will you?" and
upon plaintiff replying in the affirnia(fve, the defendant
said, " I will cure you of that', then struck the
'plaintiff with his fist three blows. in the body. Plaix44.
compla*ect to the stationmaster at the next statOsh and
i?hargett collinge with being drutik, on whicA
threatened hip, again.: line itlaiutiffi evidence,
the latter
stated, that since the row* na-liaa-suffered froni.rwiPasi
' tatipn of thejteArt,- .tag behalf of .the defene",,nt'le
urge tko assault really was- comhmitt.narr
lonnd- a •
tie* were of a very slight charmer.
verdict for the plaintiff, with damagesthe- u4t,*.of
£l5.

- • --
Atli= FOR EXCESMVE -DIS.;RA-rurt ----
BrOWARTiaI 1
AND ANOTHER V. OWES.—It tiOs•nase Dr. Wheeler,.
Q.C., and Mr. Torr conducted, the case on, behaif A th
plaintiff;,aro, the defndaut was repre*Atecl, lly mr.
nauesty, 9.,c, and, another kearaeft, colaisei‘
the
. plaintiff' case 6kB was kicky t 441054 .-4D. hbruarY
18!59, 4r. WPM, ~,Nha.ik Eh tfigeik4 poial*r., entered into,
s to
an arrangenv. wskth. OK'. defer ant :4 :whichh
scent from:ora. -him k c,orty in his.mill,; andandpay for :he Was
rent
[ a the Noma and the horse-power required .
Soon after this -agreement Mr.. Wynn £35 per year.
partnership with. Howarth, and th entered into
discovered that they were usingO' defendant having
more horse‘power than

Was at first bargained for, raised the rent to £52 lOs.
per annum. This £52 10s. was not regarded Ite the
rent of the room together with the rent of the horse-
power, but simply as the rent of the room *ad an
allowance for the nse of the horse-power. Theallnw-
rune would, of course, vary according to the amount of
horse-power employed in the course of the year. When
the first-quarter's rent (£l5 25.-7 d.) was due, it was
paid, but tke account rendered last Christmas contained
a statement to the effect that in the £52 10g, the
rent of the place and the money paid for the
aie of. ths. horse-power were both to be con-
sidered as rent. The plaintiffs, accordingly, objected
_to paying the account, and they wrote some time after- .
wards to the defendant, stating that they would not
agree to consider the £52 10s. as ail rent. They
remained in posscission of the room until the 25th of
March- in the present year, when the rent being still .
unpaid, and amounting to £26 as., the defendants
distraiued, and sold the whole of the things for £345 6s.
.7d. The defendant estimated that the zxecution had
cost him about £7, and the balance being £3, he paid this
over to the plaintiff.. On behalf of the defendant, the
learned counsel asked why the plaintiffs had not na4e
their objection to the rent when the first account was
sent in, instead of being silent until they began to get
into difficulties,ind then adopted this scheme of consi-
dering it a debt, in order that a distress might be
avoided. The plaintiff had positively sworn that they
never agreed on any of their premises that the sum they
paid for the horse power should be considered as rent.
The learned judge, in remarking upon the evidence,
told the jurylthat the two questions they would have to
consider were, first, whether the original agreement
contemplated considering the money paid for the horse
power as rent ; and, secondly, whether the sale was
fairly conducted, that is to say, whether the defendant
had got as much as he could for the plaintiffs' goods.
If the agreement did not intend that the £52 10s. should.
be considered as pure rent, then the distraint to the
extent to which it had been carried would be illegal;
but if the contrary were true, they were still to consider
whether the sale had been conducted with a proper
regard for the plaintiffs interests. The jury found a
verdi©t for the defebdant, considering that the money
already paid into court (£10) was sufficient to cover any
claim the plaintiffs might have.
The court adjourned at six o'clock, until nine o'clock.
this morning.

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~
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`CORKS : HARRINOTON-FITRLXI%

TH E ".•.;,--0---4Ktirfilii-.., TEETH.
•
~,.....,.
THE WHITE GITTTA PERCHA ENAMEL,.
for STOPPING DECAYED TEETH.—This invalu-
ab preparation, Introduced Irs, Messrs. GABRIEL, the
oldsest4bkished Dentists, may be had from the Inventors,
or thraugh any Chemist in the kingdom (observe noir
wine on each box). Price is. 6d., with full directions
enclosed; or will be sent free by post on Liceipt of 20
stamps.

The GUTTA PERCIIA ENAMEL is warranted free from
all pernicious ingredients, and is therefore only reqaisiLe
to be knbwn to be appreciated. Will prevent toothache,
and prove an invaluable boon to thousands suffering from
this distressing malady.,
PATENT WHITE ENAMEL CEMENT,
The only Dcruianent preparation for front teeth. 'which
effectually retains its colour (ta. per packet).
It was at all times considered to be a desideratum among-
the profession to discover a stopping which would till ap.
permanently, the cavity caused by decay, and arrest its:
progress. This the Messrs. G. have had the honoar to,
achieve, in the shape of a perfectly 'white enamel, which,
when applied to decayed front teeth, restores them to then.
natural pearly whiteness, or can be shaded to resemble the
uolbovil enamel perfectly; for which, having secured HER
MAJESTY'S ROYAL LETTERS PATENT, as well u the
highest encomiums from the leading periodicals, they con-
fidently recommend it as one of the most valuable acquisi-
tions to Dental Surgery.

TEETH, SELP-ADHESIVE, WITHOUT SPRINGS..
A NEW I)IsCOVE.RT--PRATEUND IT ROYAL MITTENS PAIANS.,
MESSRS, GABRIEL
Call attention, to, their new and invaluable improxemenk
being the application of THE CORALITE GUM-
CO,LOATRED VUCANISED INDIA-RURBER sa base for QABRIEL'LS Celebrated MINER AL TEETH with
FLEXIBLE GUMS, being guaranteed, even in cases where
other methods have failed.
The best materials, with t-clasa workmanship, only
employed, and are supplied at less than half the ordinary
cost.
American Mineral Teeth. from £4 4s. the complete set.,
Lortro.x ELTARLISIOLENTS :
33 Cc 34, LUDGATE-HILL, and 110, REGENT-STREET,
Vixratroot. XSTABI.IBIIXCIT
134, EtUKE-STREET (OPPOSITE Bignav-srastr). Attendance daily, from Ten to Rix.
Stopping Decayed Teeth, and every operation. appertaining
to Dentistry, at moderate cheaves.

VALUE AND IMPORTANCE OF THE TEETH.
The Teeth _influence the ;crux and expression of the
countenance more than is generally imagined, and the twist.
face is disfigured if the Teeth are irregular, and a die-
_ agreeable expression is produced.
When tliejeetb, are good and regular, there ia, wt"
speaking oPsnAiling, a fascination present which prerents
• Nall/tr. examination of the countenance.
The most striking- cases are those persons about the
middle period of life who have lost their Teeth ; for, howez;
ever clear and perfect their utterance may bare been
rup, • before their loss, it is impossible to regain it witeu
plying the deficiency by of Artificial Teeth.


FROM COUnEN PATIENTS, ONE VISIT oNZT
-.-REQUISITE FOR A SINGLE TOOTH G COM.
PLETg, SE.T,
MESSRS: GABRIEL,
THE OLD ESTABLISHED IXT.ISTS.
tir4r 134. DUK:X•STREET, LIVERYPOOL
33, LUD4IATE-1111", ILON DON
-ite' 110, REGENT-STREET,
from Ten to Sir.
Attendance daily

ELIGIBLE INVESTMENT FOR £615.
TO be SOLD, Freehold of Inheritance, Three neat and well-
built COTTAGES, being a corner lot, fronting two streets,
in a clean, healthy part of Everton, and a most excellent
situation for.commanding tenants, containing six apartments
each, fitted with gas, &c. Yearly rent, £4B 158. Price, £615.
For pitticiilars apply to John White, 20, Clayton-square.