The Express.
London, England, 1853-03-11 00:00:00

MR. LINDSAY AND THE PASSENGERS BY

THE SWARTHMORE.

The emigrants to Port Phillip, who had taken
passages by the Swarthmore, and with whose disputes with
Mr. Lindsay, the charterer of the vessel, the public has
been made acquainted through the rir.diuns of the police
reports, held a meeting at Deacon's Catlett Rouse yester-
day, and fortunately came to an arrangement, and concluded
the quarrel in a way calculated even to increase Mr.
Lindsay's reputation for high-minded dealing in business.
It will be remembered that the passengers had two sets of
grievances : in the first plate, they contended that the ves-
sel was wit of that tonnage and elms for which they had con-
tracted ; and in the neat place, as she hai been detained
beyond her appointed time of sailing, that the allow-
ance made by Mr. Lindsay was insufficient. The
meeting yesterday was held for the purpose of com-
ing to an understanding; and a deputation hav-
ing waited on Mr. Lindsay, requesting his pee-
-1 sence, he attended the meeting, and delivered an
address which apparently produced a very favourable im-
pression among a set of people who up to the moment had
been very illdlisposed towards (him. The result was that
a committee of the passengers has been appointed
to consider what is the fair claim on Mr. Lindsay for the
detention in each individual case ; Mr. Lindsay agreeing
to pay what the committee decides; and with regard to
the vessel, the passengers will have the option of going iu
her or not—the money to be returned to those who distrust
her. :Thera is no doubt that the whole question has arisen
in a feeling of distrust, which is to be traced, perhaps, to
the feet that the Swarthmore is not on Lloyd's Register ;
but Mr. Lindsay stated fairly to the passdigers, that he had
had the vessel reported on by the first scientific men of the
day, includir.g Robert Stephenson and Brunel, and they
h id contradicted flatly the coneusions of the surveyors
called in by Captain Lean, the Oaiernmeut Emigration
Inspector. It is understood that the attention of the Board
of Trade will be called to the matter.

THE EXPRESS, FRIDAY EVENING, MARCH 11, 1853.

patty him, thoughtlessly, and by way of a joke, and that the
probability was, that the j oung girl, having heard him talk
a boat going to London and to America, and being impressed
with the idea of the wonders that were to be seen in those
places, had, of her own accord. followed him to Maidstone,
as he had represented. He said it would be absurd to sup*
' pose, from the ages of the parties, that there could have been
any affair of lore in the transaction ' • and he contended
that, under all the circumstances, the defendant ought toot
to be convicted.
Mr. Justice Coleridge summed up, and having explained
to the jury the precise nature of the charge, and called their
atteution to the statute under which it was framed, they
almost immediately returned a verdict of Guilty.
His Lordship, on passing sentence, said it appeared to him
that the defendant had been very properly convicted of this
offence, and there could be no doubt that for some object or
other, he had induced this young girl to leave her father's
hour,, and accompany him to London, for the purpose of
proceeding to America. An offence of this kind could not
• ! but be looked upon as a very serious one, and the only cir-
CtllaStaklet in the prisoner's favour woo, that he did not
appear to have abused the power Waded to him by having
the girl entirely under cis control. If that load appeared,
he should most certainly have passed a much morn severe
seutence, but under all the circumstances he felt it right to
order him to be imprisoned for 9 months.

INCZNIHARISH DT A CHILD.

May,aard, 11. pleaded guilty to an indictment
chsr7ing Min with feloniously setting fire to a barn, with
intent to injure Samuel 1.7dal Nene.
It appeared from inplirirs made by the learned judge
:hat the prie:mer was an orphan, but was taken care of by
a married sister. There did not appear to be any motive
fur the commission of the act imputed to him, and when ho
was taken into custody he stated that he set hie to the barn
because a beggar Imy told him to du so, and threatened to
beat him if he did not.

lord.hip, in passing sentence, said he wished he bad
the power to order the prisoner a revere flogging, as he
thought it would be the most effectual punishment to pre-
vent him from doing such a mischievous set again. Ile did
not place much reliance upon his ,•tetemrnt that en older
boy had ordered him to commit the effcnce : and, even if
that were the case, he must have been perfectly well aware
that what he was doing was eery wrong. He then sentenced
him to be imprisoned for three months.

NORTHERN CIRCUIT.—Yortx, MARCH 9.
'I he Yorkshire Spring Assizes were opened here yester-
day afternoon, by Mr. Justice Cresswell and Mr. Baron
Martin, oa their arrival from Durham. No further busi-
ness was then done, and the courts wets adjourned until to-
day, their for ships being escorted to the official residence,
whence they afterwards proceeded to the cathedral, to
attend evening prayers.
The calendar at the present assizes is not very heavy.
There are about 70 persons (in custody and out on bail) for
trial, at least 60 of whom are from the West Riding. About
half of them are stated to be between 20 and 30 jeers of
age, and the amount :of education the/ have received is
described as being very limited. Only five out of the whole
number are spoken of as being " well educated." The
charges against them embrace several heinous crimes.
Nothing is known at present of the total amount of civil
business, except that there are 17 cases for trial by special
juries. In the West Riding cause list there are not more
than between 20 and 30 causes, which is an exceedingly
small number.. . . . . .

ore is ao business, either criminal or civil, in the city,
urns which fact Mr. Justice Cresswell this morning briefly
congratulated the gentlemen sworn to serve upon the amid
jury, and then proceeded to the Mansion-house to breakfast
with the Lord Mayor, along with Mr. Baron Martin, and
other guests invited to meet their lordships.
At noon Mr. Baron Martin charged the county grand
jury, of whom 11. S. Thompson, Esq., of Moat-hall, is the
foreman.

THE POLICE COURTS.
WORSHIP•STREET. _

Joiner McDonald, • respectably-dressed man, described
as a draper and silkmercer, was charged with having as-
saulted a young married lady, named Dixon, residing in
Montpelier-terrace, Dalston.
The complainant stated that her attention having been
directed to some handbills which were extensively circulated
about the neighbourhood announcing that a large quantity
of the haberdashery stock of different bankrupts was at that
time selling off at the Literary and Scientific Institution at
Dalston, which had been temporarily engaged for the pur-
pose, she went there on Tuesday last to make some pur-
chases. Amongst other articles which were shown to her
by one of the attendants was a satin dress, the clearance of
which at the Custom House he 'geared her had cost a so-
vereign, ani that it was well worth 41. or 51., but as they
were compelled to close their sale that day, he would
let her have it for 30s. She agreed to purchase it at that
price, and the dress was laid a,idc until she had inspected
some other articles, when her parcel was handed to her, and
she left the place, but on opening it soon afterwards, she at
once discovered that the piece of satin was not the same she
had purehmed, but a most inferior fabric, composed of
cotton with a satin facing, the value of was less than one-
half the amount she had paid for it. Sho immediately has-
tened back to the sale rooms, and on complaining of the de-
ception that had been practised upon her to the person who
had sold her the satin, the defendant, who was standing at
en adjoining table, and officiated as the acting manager of
the sale, turned coolly rouad and jeeringly exclaimed,
"Tell thei lady to go home and t tko a nap, and return
again to-morrow." Witness replied that it would be use-
less to return at the time stated, as their sale would ter-
minate that day, and insisted upon his changing the goods
or returning tho money ; but the defendant positively re-
fused to do either, and threatened, unless she instantly
quitted the place, that he would kick her down the steps,
and throw her parcel after her. The defendant at the
sense time insinuated that she had been there on a former
oestasien, and had stolen a piece of merino, and feeling
i greatly ncensed at such an imputation, she retorted that
they were no better than sharpers, and was proceeding to
communicate the particulars of their conduct to some
ladies who were present, when the defendant cautioned
them not to attend to what she said as he knew her to he
a common street walker. The defendant and one of his
men then advanced towards her, and seizing her by the
shoulders, forcibly thurst her out of the place. Witness im-
mediately hastened home and communicated the facts of
the outrage to her husband and friends, under whose advice
she adopted the present proceedings.
Emily Scott, the complainant's servant, who had accom-
paniet her to the sale rooms on the second occasion, was
then examined, and fully corroborated her evidence.
In answer to the charge, the defendant denied having
made use of the avant() expressions attributed to him by
the complainant, who had herself assailed every person
connected with the establishment in such intemperate and
injurious terms that he was ultimately compelled to put her
out, although he employed no more violence than was
actually necessary to effect her expulsion. He was unable
himself to say anything with regard to the alleged substitu-
tion of an inferior article to the lady, but the young man
who sold her the goods was in attendance to rebut her
statement, and ho had other witnesses who would be able
to prove that he was perfectly justified in the course he had
pursued.
Charles Owen, an assistant draper in the employment of
the defendant, was then called, and stated that while en-
gaged in serving a customer at the time in question, his
attention was attracted to an angry altercation between
another of tho assistants and the complainant, who appeared
highly excited, and loudly stigmatised the conductors of
the sale as cheats and swindlers. After repeatedly request-
ing her to desist or to leave the:place, without any effect, the
defendant at length placed his hand upon her to remove
her to the door, but without using any mere force than was
actually required; and witness did not hear him apply any
epithets of an insulting or offensive tendency towards her.
John Rndd, who described himself as a shawlinan owe
similar evidence, and said that he wasthe person wiggling
sold the disputed article to the complainant, and could po-
sitively swear that the piece of satin now produced was the
same she had purchased. He did not pretend at the time
that it was " all silk ;" but he considered it to be fully worth
the price he had obtained for it.
Mr. D'Eyncourt said that it would be most disgraceful
and discreditable to the defendant as a tradesman if he
really used the scandalous expressions which were imputed
to him by the complainant, but the fact of his having done
so was positively denied by himself and his witnesses, and
the real question at issue was whether or not the charge of
assault had been satisfactorily substantiated. The com-
plainant had herself admitted that she applied the term
" sharper " to the defendant before he laid his hand upon
her, and unless it was clearly shown that a fraud had beet
actually practised upon her, the was certainly riot war-
ranted in the use of such language to the defendant in the
presence and hearing of his customers, and could scarcely
expect any other result than her expulsion from the pew
miser. After attentively considering the evidence, he wee
decidedly of opinion that the alleged fraudulent substitu-
tion of an inferior article had not been proved, and as the
complainant, therefore, was nut justified in using the in-
jurious expressions which led to her forcible removal, be
should dismiss the complaint, and order the defendant to
be discharged.
LIAMMERSIdITH.
Patrick, Malsany, who was charged the day before with
assaulting a young girl, was re-examined, and committed
for one month.

IiANOVER-SQUARE Roofs.—The Milliners' and
Dressmakers Provident Institution gave their third an-
nual entertainment at these rooms last night, when the
attendance was so numerous that the result will probably
be as beneficial to the funds of the institution as it evidently
was agreeable to the members and friends assembled. The
concert was of a light and popular character, and the pro-
gamma included the names, among others, of Misses Birch,
Dolby, Meteent, Bylcs, Bamford, Mrs. Noble, Madame
F. Lab:ache, Messrs. Wrigh•on, F. Bodda, Signor F.
Llablache, &c., whose perbrmanees were varied by some
clever piano forte pl.iying by Mrs. Thompson (lute Miss
Kate Loiter). The arrangements were excellent, and every
purchaser of a ticket had the full value in a pleasant
musical evening (refreshments included) with the added
gratitication of serving a most praiseworthy institution.
LAdrertiSeMenl.3-110LLOWAY'S OINTMENT AND
PILLS HATA evict C 5Y PkASOSS AFFLICTS° wren Berm, &OSA
sent Its saris AND DAMASKS or TUC SKIN.—SeUITy, Ringworms,
and other cutaneous disorders are engendered by the impurity of the
sad the only sure means to eradicate such complaints le to
unticrgo a course of Holloway's Pals, and at the SAMS time apply ex-
ternahy LIS inva.uable ointment. Curve performed by these wonder-
ful menclies are daily attested, prf.ring their astonishing efficacy in
purifying the blood, .trengthening Via constitution, and re-entahlbM-
it.g health. They are equally certain to the cure of cancerous surest
uteera•ed wounds, and glandular swellings, and peewits mu afflicted
should have recourse to these excellent medicinea.—gold by all
druggists, and at Professor Holloway's Establishment, 244, Strand,
London.