The Daily Times.
Liverpool, Merseyside, England, 1860-12-13 00:00:00

RUSSIA.

t3T. PETERSBURG, Dec. 12.
The Russian Mission in London having been
raised to an Embassy, Baron Brunnow, Minister
Plenipotentiary of Russia, has been appointed
Ambassador to the same Court.
KERTCH, Nov. 20.
Taganrog is now closed by ice, but Berdianski
is still open. No casualties in the sea of Azoff
have been reported, although the weather of late
has been. very bad.

NORTH AMERICA.
LONDONDERRY, Dec. 13.

The Montreal Ocean Stearn-ship Company's
screw steamer Palestine, from Portland on the
Ist inst., arrived at Moville last night, landed all
mails, and proceeded. •

OUTWARD AMERICAN MAILS.
SOUTHAMPTON, Dec. 12.
The United States mail steamer Fulton, Cap-
tain Walton, which sails to-day for New York,
takes £49,490, all sovereigns, and nearly 200
passengers.

SOUTHWARK ELECTION..
At the Southwark official declaration, yester-
day, the yobs stood as follows
. ,Layard 4572,
Scovell 3377

Majority

.1195

Omar Pacha is odiously ill, and not expected to
recover.
The Rev. James Bonwell is going on with his appeal
against the sentence of deprivation.

7.11. The following appeared in our later editions of
yesterday :
THE CHINA AND INDIA EXCHANGES.
The telegrams quote the Eastern exchanges as follows,
viz.:—At Shanghai, 6s 8d; at Hong Kong, 4s 8d ; and
at Calcutta, 2s ld and is Bd. A decidedly adverse
movement is shown, amounting to three per cent. at
Shanghai, and two per cent. at Calcutta. These advices
may give an impulse to the efflux of silver to the East.

STOCK EXCHANGE RUMOUR.
There was a rumour that a special court of directors
was sitting at the Bank of England all the afternoon,
but it was unfounded.
The Times says a vague rumour circulated of some
application having been made for special assistance, but
nothing transpired in confirmation of it.

THE EFFLUX OF SPECIE TO AMERICA.
, The Daily News says there is an impression that the
flow of specie to New York will not resume large pro-
portions, unless in the unlikely event of the accounts
from that city reporting a renewal of agitation.
The Times, however, says that although only 25,000
sovereigns were withdrawn from the Bank yesterday, it
is reported that the Fulton from Southampton, and the
City of Manchester from Liverpool for New York to-day
will together take out about £200,000.
Mazzini has arrived in London:

The mails from Calcutta, China, and Australia via
Marseilles, are expected to be distributed in London
in two or three dep.

THE LIVERPOOL WINTER

ASSIZES.

CROWN
,c6I.7IIT.—ItIESTERDA*:,

• , .
(llefore I,fz JasObe knArrixd.)•
• nisjordship came, into eourt:ati o!elotet yeste"rd'iy,
after -.which the usual ,proclamation'! against .:-Arlee and
in morality )4,0,Ti0g been read,,tbe following gentlemen
were empann.elled and sworn on.

THE &RAND JURY.
Wm. Brown, Esq., foreman. Samuel Henry Hind, Esq,
R. Brocklebank, Esq. , John Laird, Esq.
James Campbell, Esq. Wiliam Pilkington, Esq.
William Earle, Esq. A. Powles, Esq. .
William Gibb, Esq. William Ross, Esq.
Samuel R. Graves, Esq. Charles Saunders, Esq.
Datid lEtarrison, Esq: W. Shand, Esq.
Jaillds C. H4rtley; Esq. James Mpinall Turner, Esq
Olivcr Heywood, Esti: • James W: IWStdn, Esq.
John Hick;
Lordship, tUri ~(181,resE..'ed4 ge'htleiiien of the.
t.
Grand Jury. [From .the very disadvantag nos position
i
in, which the reporters'...gallery is placed n, this.court;
his lordshiyp:s, address, was ,eceasionally not very dis-
tinctly heard, by the :representatives. of the ipress.], He
said that the calendar, the contents Of which would be
laid before them, and for the .consideration of which
they were brought tbgether on that ,•occasion, certainly,
preseinted a:very,seriens and formidable' list of criminal
offences far that county., :.,He himself . was not able;
from the fact of not having lidd the hottour,„on any
previous occasion, of attending the assizes fbr that
division, to speak as to the diminution or theincrease
of crime, as comnaring the calendar which was then
before him with the calendars of previous assizes. But,
although undoubtedly. formidable in its details, he was
happy -to lay that he had . learned from those who had
More dperieribe of the .dothitY than himself, that it 'did
not furnish ari, indication oi.afi ipErease in the aiiimitit
of dime, for. his. great, county... 5o far ,it was a source
of cOngratulation, fey. iii ,u: large ,countyclike .theifs,
teerriitig 'witti an iiiinienSc, varied; arid fluctriating poPu-
laden, it was almost impossible to And, at this season of
the year, a calendar which would not present some
features of a grave character; and, therefore; he con-
sidered it was upon the whole a subject of congratula-,
tion that their calendar did not indicate any serious
increase in -the- number of prisoners. The calendar
contained seven cases of homicide; but although all
homicides, prima Pie, were looked upon as murder in
the eyes f the laiv, yet there Were bat twri,eaSes of the
seteri,, iVhiett could ripot by gie.elea,rest.
,circumstances
tie reduced ,310. w the crime, of minder, and ever; in one
of those tW.o eases to which ,he, had .alltideelt and for
which the commitment had ,been very , properly made
out as murder, it was not impossible, that the circum-
stanees,.,which. would;. be brought before,: the.m, . and
Upon be jastifledl,
~ finding a
bill; might be. such, and assume such a complexion
when it came before the petty jury, as to reduce the'
case from murder to homicide. He had already told
them that all cases of homicide were prima facie, in the'
eyes of the law, looked upon as murder; that is, having
proved the homicide it rested upon the person who had
committed' the crime of homicide to show such eircur,n-
stances as would reduce it to the crime of manslaughter.
the qtsel to Which he hAd atiaded.o-as a case in
iihieh a Man Was .eheiged with the serious and very
grave crime of murdering his own Wife. There appeared
to have been a quarrel between them, although Un-
doubtedly there, was nothing ihown in the, depositions
of any thing like a provocation being given; which would
justify resort tothe. use of so fatal a; weapon as. a Jcnife,
whieh the
,party apcused Of the, oftenee ,ttse.d an the
eceasien, and by. the instrumentality • of which he Was,
unfortunately enabled to accomplish his fell purpose in
killing his wife. At the same time there were circum-:
Stances in' the case which would no doubt be worthy of
the serious consideration of the grand jury.. No person
was present during the whole period of the quarrel, and
it also ,appeared that there were circumstances in' it
which rather tended to show the absence of that amount
of provocation that would have at all justified the'resort
to the use of so deadly an instrument on the occasion.
It would be for them to investigate all the circum-
stances; and to see if they were sailicient in the shape
of provocation, to reduce the crime to the charge of
manslaughter, and justify the prisoner to resort to the
means of self-defence. These facts would be entirely
for their consideration. But great as Might haVe been
the provocation, it could riot haVe justified hini to resort
to so deadly a weapon as á, knife.. The other ease, Was
that of a seaman oil board A. shili,hairitag stabbed the
beats*aiii: There also seemed. to
.liaVe, been a quarrel
bet Ween these parties, or rather some dispute, or sonie-
thing like a struggle, The observations that his lord-
ship had made in
.the other case, would he said, apply
with equal force to the latter case also. The other
case of homicide—the five remaining cases—were
such that it wav most perfectly clear that the
crime was reducible to manslaughter, and he did
not anticipate that any difficulties would arise in their
consideration of these cases. He was sorry to perceiye
in the calendar a very large number of burglaries—no
less than twenty cases of this kind. , Of course he need
scarcely tell them, who had had, he durst say; consider-
able previous experience in courts of justice, that , the
crime of burglary varied very much 'in the amount
of Miniinality attached to it: There were some eases of
this nature that scarcely went beyond the crime of
simple larceny; but there Were others which assumed a
far grayer aspect. A person who deliberately committed
an act of burglary; 'committed one of the most serious
offences that was known to the law. He feated that
more than one case of that sort would be brought before
them, He also regretted to observe that a great
number of these burglaries had b'etit conim itted in the
houses of those persons who belonged to the working or
lower class of life, and which houses, unless they were
protected by the law, could not be protected at all.
There were in the way of violence as many as ten eases
of stabbing, cutting, and 'wounding. This Was an un-
pleasant feature, as it indicated that the use of the knife
was fatally on the increase, He also observed that there
were three eases of a crime that he had hoped they
would have heard but little of, namely L-the erime of
arson. Some. of these cases were fortunately not—so
serious as they might have been; bat there *de three
eases amongst them 'of avery tetiells nature. It was a
lamentable thing that, in these days, when education
and knowledge were extending themselves, there were
still to be found persons, not only so wicked and devoid
Of sense, but so blind to their own self-interest; as to de-
stroy the property of others. Two of the oases, certainly,
did not appear to be so serious as these cases usually
are, 'but there 'vete three cases on the calendar in which a
large amount of property was destroyed. There were also
three KiaSes.whieh, to a commercial community like that
of this county, of course assumed a great importahee :
these were three cases of forgery, *filch would be
brought before them. Re hod. no doubt 'that they were
particularly well able to deal with cases of this deserip-.
tion; :and it would be for them to see that lit, the
necessary allegations and indictments, there was suffi-
cient prima facie evidence to put the • persons accused
on their trial. There Was' one instance, and only one,
to the credit of the county it should be said, in which
the charge of an unnatural offence yvas brotight against
a prisoner. He asked to be alloWed lb Make an observa
tion with reference to ;the 'charge. It would appear
from the depositions, and he could not say whether it
would appear in the same way before them, that the
patty charged had been watched by a police-officer ; and
that this officer thought it consistent with his duty, not
only his duty as a constable or police-officer, but his
duty as a man, to watch the proceedings or the accused
person ; and, instead of interfering and preveritirig4 the
commission of so horrible and so reVelting a clink,
looked on as a silent spectator Ad Waited the accom-
plishment of the fearful offence, and then took him into
custody. The gentlemen of the grand jury would have
that oftiter before them, and they would then have an
opportunity of judging of the credibility of the witness,
and what amount of credence was to be attached to his
- L_
kelfloiiiiOrialfar fire then before him;
and as the person would appear before them, the obset-
vations that his. lordship Made Might be triode fir leSs
qualified by the eiplatiations Mit the policeinan
would give. But, he *odd Say, unless in a case of-that
description they saw a reasonable ground for supposing
that the petty jury would convict the prisoner of the
offence, they ought not to find a bill, because the pub-
lication of those details, those horrible details, would be
better spared by not having them revealed in a court of
justice. But of course, if they found that there WO
sufficient ground to suppose that a 'Corivietla Woilid
take place, however unpleasant to tileathat duty might
be, they should have tb And a true bill, especially as the
•presett tease differed very much from the generality of
cases in that respect. Of course they would exercise a
wise discretion in not finding a bill, unless they thought
there was a reasonable ground for supposing that
contrary course should be adopted, He did not think
that there was anything in the other eases 'calling for par-
ticular attention from him; bat there. Was a sahjeetnpori
which, as that wag the only,oppertanity he had a ierer-
ring to it, he should mention it in. that public manner,
What he alluded to Was the banner in which some of
the depositions Wen taken, which he had carefully read
over; and With which he certainly had some fault to
find. It also occurred to him that there was latterly a
tendency of taking depositions compendiously, which
was not a proper and business-like mode of taking them.
He might observe that in many of the Vases, in fact in
ethiteymwahjeorre they
ityoftthhen
em,
were, the
at county, partioularly in the
the
with great care; and he wassurdeetP°hastitihoens were taken
hadonitb
mention the few cases where the, sanie biisiness-like
manner was not adopted to haVe this abuse rectified in
the future. , From the informal manner in which some
of the depositions were taken at present, it followed as
a necessary consequence that the ends of justice were
defeated, and he hoped that for the future this loose and
careless manner of taking the depositions would be
avoided. He would also say that he had tindoribtedLY
received complaints as to the emission of the iliagistfates'
clerks to return the depositions at the proper time.
When the depositions were taken they should 'be
returned immediately, instead of which they were
detained for a length of time, which rendered it
impossible for the' officers to furnish the judge at the
proper period—at the earliest possible period—with the
information which he required.for the purpose of fixing
the assizes, and also for other conveniences. He knew
Of no reason why the magistrates' clerks should detain
the depositions and not immediately return them to
the proper quarter and at the proper time. He said
this, though, he did not wish to impute blame to any
person. In conclusion, be would not detain them any
longer; but if any difficulty should arise in their con-
sideration of the cases that would come before them, he
would be most happy to assist them in removing those
difficulties. He was also very happy to see so large an
attendance of gentlemen of the grand jury present on
that occasion.
The jurors then retired to their rooms.
THE TRIALS OF PRISONERS.
The foreman of the Grand Jury having returned into
court with a true bill, the trials of prisoners were pro-
ceeded with.

John MiIIsBURGLARY.
(44), was indicted with having at
Butterworth, on the 2nd September, in the present
year, burglariously broken and entered the dwelling-
house of Robert Earnabaw, and stolen therefrom
£lO 10s. Bd., and one glass bottle, the property of the
prosecutor. The prisoner pleaded guilty, and called a
person who spoke to his character, and had known him
for a period of thirty years, till within the last two
years, when the prisoner took to drinking habits and
did not conduct himself as uprightly as he had previously
done. The judge gave him a salutary admonition for
his future behaviour, and sentenced him to nine calendar-
months' imprisonment with hard labour. '
Robert Simpson (19), and James Lythgoe (20),
pleaded not guilty to an indictment charging them with
having, at Liverpool, on the 31st of August, in the
present year, burglariously broken and entered the

dwelling-house Of Thomas Nicholls, bricklayer, of St.
Anne's-buildings, Great Richmond-street, in the borough
of Liverpool, and stolen therefrom one,coat, one shawl,
and other articles of wearing apparel, the propertS, of
the prosecutor. The prisoners were defended by Mr.
Scott. from the the evidence it appeared that about 3
•8!cloplt oti.t.He inerning, of the 3ist of Atigtist, the prose-
qiitor,and his, wife iqqa4iiisk(l,l#,
~gfeat fit the
kitchen; .and the, husband. having,,,gone stars,
found tbe,prisoners,,Who Made,.therr thioiigh
large .aperture,in the front..door, which jiad been, malle.
by ilie nrisoners.- ,Police7colistable)LloY4 duty,
at the time, and his attention having.. been, directed, to
the house by loud cries of " police,", he proceeded ilp,the,
court, and encountered both prisoners running down
with articles of raiment, identified by the prosecutor as
his property. They were both sober at the time. Mr.'
Scott, on behalf at the prisoners, pointed out certain
discrepancies that appeared between the evidence of the
constable, and Mary Nicholls, (the wife of .the prosecutor)
the fotitier having stated that the men were sober, and
Mrs. ,Nichiiiis said they Were drunk. He contended
that tt Was riietet# dtunken /caeca, and that there
were strorig,stispicioris as 0 rrifitaEM.trey
returned a verdict of guilty; ,FormericenVicliorialipying,
been proved against the prisoner Simpson, ~his lordship.
sputenced iit ,toi ten. iyears'
..perto servitude, and the
prisoner Lythgoe tolour years p4na.l.servitude.!,
John Murray (20) .pleaded tot: gniltyita, an indict-1
intent,, charging him with having :felonioilsly
maliciously, set ,fire to a stack, of hay, the property
of 'Robert Foster,. at, Penwortham. His lordship sen-
tenced liitn NI three pars; yowl -servitude.
William Owen,. telicts Josha ratitkt (16);410. John
Casey, same age, pleaded not guilty to an
charging them with having at Salford, on the 29th
August, 1860, burglariously broken and entered' the
dwelling-house of Joseph Woolley, and stolen therefrom
one pair of boots, the property, of charles Hasselgreave..
It appeared that, Omit One o'lock an the morning in
question the prisoners entered the hoiise ;zit Mf. Wodligy;
baker, 249; ,ChaPel-street; in. Salford, Ry Mean's of
cellar,pud
.having Ise;cfeted ,themselves, thenfoi sprrie
time succeeded in mining iJCssession of appal' of boots
belonging 'to an assistant naniei thisst.ilgfgaire, in the
service of Mr. Woolley. They were attempting to make
their escape with the boots when a policeman was sent.
for and caught the prisoners. The prisoners contended
they had just come from Warrington that night, and it
being very wet and cold they merely took shelter in the
Cellar arid fell asleep in it, The jury returned a verdict
df arid his lordship pairing addressed a few
admonitory obseilVatiOni td the. juvenile delinquents;
ordered them, to,bp disgharge(l,

B:UItOLAIcY

AT NizT,STADERBY.,

Oliver Gotigi,Teoriim. iiied bir W. Preston and ,T.,q.
Morris, Esqrs., on the 34SepteMber, 1860 was ;placed
at. the bar -.and pleaded not guilty to the indictment of
havinfl, at 'West ,Derby, the Ist September. in .the
present yeah, bifirglarionaly , broken; and . entered .the
d*elling-liouge of Mr. Howarth?, end stolen therefrom
two pairs of boots, one pair of trowsPrsi and varitutis
other articles, belonging to William Aeworth. fie
MIS alto charged with having, at the same place, on the
30th August, 1860, feloniously stolen one shift, one
pair of gloves, one handkerchief, one towel, and one
piece of soap, the property of lames Kerr. The ease•
for the prdseclitidn *as eon.dgeted by Mr. Aspinall. The
prisoner Was Undefended:, His loidship, in Charging the
jury iin the; cose, stibthitted that the Chief tldestiod for their
consideration was *liether st sufficient identification tied
been, established. to bring
,the eliarge
,honie against the
prisoner.; kappeared, however, that.on the mor,niug fol-
lowing the night on which the burElarywas committed a
riplieernan had been Wiliciiig fro .pool Liv tOWEifds West
Der 4, and Met the prisoner pceideedirig 0(41 thB ditedidii
of Mr. Howarth's house, carrying a basket, the contents
of which he refuSed to make the policernan acquainted
with, and On examination the officer found that the
articles contained in the basket were those that had
been stolen from Howarth's house. The jury returned
a verdict of guilty in the case of Howarth.—He was
then put on his trial for the theft of certain articles
belonging to lamei Item Mary Kerr was called and
stated that her .husband lived on the Wakefield farm,'
about a mile from the village of West Derby. All the
articles that had heeli brought Id her lidlisd ,hy .the
policeman she identified as bpi propefty. ..-loliCe:COn-
stable White deposed that he found the articles belong-
ing V) Mr. Kerr, as *ell as those that were. the property
of Howarth id the possession drjlie
.prisdrier tin the
morning
:of the 2nd scpteniber, The prisoner said that
he receiVed.' the Stolen property from an Old man that
he niet ori the foal , A ve diet • of, gitilty was also re-
blood in the last mac., is lordship
.sentenced him to
three years' penal seriitii e for the burglary, and one
day's it aprisonthent for.tlie theft. . .
„---- . .....„..... __