The Northern Daily Times.
Liverpool, Merseyside, England, 1853-11-22 00:00:00

DAILY TINIESi

COUNTY COURT-YESTERDAY.

Before JOSKVII POLLOCK, Esq., Judge.
The seeond Noxembnr sitting of the court commenced on
yesterday, at 10 o'clock:

COMMITMENTS.
John Birch, in the office of the railway station, Wapping,
committed for thirty days, at the suit of Robert and Wil-
liam Fort, 23, Crown-street, coal merchants. Debt, £2los.
, John Davies, Harrison-street, ship-scraper, committed
for thirty days at the , snit of James M'Carty, 45, Mary-
bone, grocer. Debt, £1 ss. 3d:
Thomas Spencer clerk, Exchange-alley norti
' a, aid Hall=
street, committed for thirty- days, at the suit :of George
Janes Aspinall, Fairview, Park-road, druggist. Debt,
£1 Os. 3d:
Fanny Wilson, trafalgarzplacei off Russell-street, house-
keeper, committed for thirty days, at suit of jdseph Myers,
15, Chesnut-street, jeweller. Debt, £1 13s.
Thomas Kimpton, Sweeting-court, Dale-street, carrier,
committed for thirty days, at suit of Pannell and Sons,
70, Russell-street, printers. Debt, £ll.
Richard Taylor, porter, Lancashire and Yorkshire rail-
way, Great Howard streeti committed for thirty days at suit
of Henry Beckett, 116, Burlington-street, grocers Debt,
£5 16s. 3d.

INSOLVENTS.
Samuel Hulse, late of Richmond-row, furniture broker,•
obtained, unopposed, his final order. The petition was sup-
ported by Mr. Hime.
John Turner! Prince's-street, Runcorn, late of Halton,
chemist, druggist, and general dealer: 'Ale petition was
supported by Mr. Anderson, and opposed by Mr. Simon:
barrister, for Messrs. Hamilton and Davies, creditors. The
case was adjourned to the next court, for the production of
further evidence.
®Denis O'Sullivan, late of Crown-street, baker, provision
and flour dealer. This was an adjourned audit meeting,
and it was further adjourned to the next court, to enable the
insolvent to furnish the particulars of the sale of the good-
will of his shop, which he had sold since obtaining his final
order.
IMPORTANT TO ASSIGNEES.—IN RE LAWRENCE HOLDEN.
—The insolvent is a painter,_ plumber and glazier, and resided
at 56 Saint Anne-street. Mr. Blackhurst appeared for the in-
solvent, and applied that Mr. John Fazackerley should be
made to account for £62 10s., which it was alleged he had
received for the insolvent as assignee under a forum
petition.
Mr: FAZACKERLEY then entered the witness box, and in
reply to the court, stated that he had received no money
whatever as assignee, and that he had not been appointed
assignee at all:
His HONOR : You were appointed assignee upon the
direct application of your attorney.
Mr. TouLitiN, who appeared for Mr. Fazackerley, said
that the application was merely made to protect the assets
under the first petition of the bankrupt. There were no
assets, but an action which had been brought by the insol-
vent against a third party, but which had been altogether
suspended, was again instituted after the petition had been
dismissed by Mr. Fazackerley, with the consent of the in-
solvent.
His HONOR: Undoubtedly this gentleman has received
this money after he was appointed assignee ?
Mr. TOULMIN observed that he had received the order
from the insolvent to recover this money, not as assignee,
but as an individual creditor. The award under which the
money was recovered was made on the 19th of May.
The court had certainly made the appointment, but Mr.
Fazackerley had never acted as assignee.
His Barron : He was appointed on the 7th of March,
the next month the petition was dismissed, Mr. Fazackerley,
the trade assignee, being a consenting party thereto. But
on the very same day that petition was so dismissed, Mr.
Fazackerley receives the order from the insolvent to receive
the amount of this award, and so puts into his own pocket
the money which should go to the estate.
Mr TOULMIN : But Mr. Fazackerley would not have pro-
secuted the action, unless the fruits of the action were to
come to him.
His HONOUR: Do you tell me that a trade assignee would
not prosecute in such a case, unless he himself were solely
to enjoy the fruits of the action ?
Mr. Tooutiii : 1 do not think in this case he would.
His HONOUR : I cannot allow it to be said that a trade
assignee will not pro, eeute an action unless he is allowed to
pocket the amount himself. In this case the trade assignee
himself applied to me with respect to compelling the insol-
vent to attend and give evidence in this very action.; but yet
I find that simultaneously with the dismissal of the petition
with his consent, he takes an order from the insolvent, and
thus appropriates to himself the amount of the award which
ought, properly speaking, to have gone to the man's credi-
tors. Ido not like that the court should have been thus
made the instrument for the private advantage of an indivi-
dual.
Mr. TOULMIN assured his Honour that Mr. Fazackerley
had no such intention. He had expended a sum of £25 in
recovering a debt of £45, on a bill of exchange. Insolvent
denied that he had signed the bill, though it was proved
that he had done so.
His HONOR : That has nothing to do with it. Whether
he was put to the expense of Si. or 451. it does not justify
him to alter his position ad libitum. As assignee he had
duties to perform to others as well as to himself- I have a
very strong impression that this is an attempt, and a very
daring attempt, to make use of this court and its processes
to put money into an individual's pocket which should have
gone to the estate. His Honor again referred to the facts
of the case, and particularly. the dismissal of the petition
with the consent of the assignee, and the receiving the
order at the very moment the award was being made, and
observed, that he would not sit in court day after day and
allow, by its processes, creditors to be swindled by any
person in an official position putting money into his pocket
which belonged to all.
Mr. Tour.adm said that Mr. Fazackerley had taken no
part in the dismissal of the petition—that was done by the
insolvent himself.
His HONOR : I have a distant recollection that you ap-
peared for the assignee, and that you assented to the dis-
missal of the petition. I will not give judgment now in
this case, because I feel very strongly on it, and that I have
been made use of as a tool for private purposes. I feel I
have been treated with much indignity, and that the pro-
cesses of the court have been much abused.
Mr. TOULMIN explained that Mr. Fazackerley had con-
ceived himself relieved from all responsibility when the
petition was dismissed. He thought he then became a
private creditor, and was at perfect liberty to treat with the
insolvent, the more particularly as he had been put to much
expense by him to recover a just debt. Had he not felt
this, he would not receive the order, and he was then per-
fectly willing to obey any decision of the court in the matter.
In answer to Mr. ToimmiN,
Mr. Fazackerley said that the insolvent came to his
office on the day of the date of the order, and said that the
petition had been dismissed, and asked what he should do.
Mr. Fazackerley replied, that he should send him to Lan-
caster gaol, unless his debt was paid, and upon this the insol-
vent gave order.
His Horton said that he would take it that no imputation
rested on Mr. Fizackeiley's character, but he should adjourn
the case for a fortnight.
IMPORTANT TO SEAMEN AND PILOTS.—JUAN DE ECHE-
VARRA Y LA LENA v. STRONG.—In delivering judgment in
this case, which was heard on last Thursday, his HONOR said
that he had given it the best attention he could, and that he
was of opinion that on the whole the plaintiff was entitled to
recover. He was of opinion that the schooner had acted
rightly, and in accordance with the regulations of the Admi-
ralty, in holding the course which she had done, being. at
the time close-hauled on the port tack. He was of opinion
that the steamer ought to have given way, but he did not
hold that because of the proposition that had been laid down,
that a steamer having a vessel in tow was always to be con-
sidered as going free. He found that Dr. Lushington
expressed a very strong opinion against that doctrine, and he
(his Honor) went fully with the reasons that were used in
conveying that opinion. He could not think that a steamer
was always to be considered as going. free with a vessel in
tow, because she was considered as going free without one ;
for whether or not, in the former event, she was to be con-
sidered as going free, should depend upon the wind, the size
of the vessel in tow, and a variety of other circum-
stances. But here the steamer having seen the
schooner cross her bows about a cable and a half's
length a-head, and knowing the precise spot at which she
should put about, he thought it was the duty of the steamer
so to advance as not to interfere with the progress of the
schooner, which they knew should put about near the black
buoy, and hold, in the ordinary course of navigation, the
particular direction which she afterwards held. The only
difficulty in his mind was whether or not the fault of the
steamer might not have been in some degree attributable to
the pilot; but he was saved, on consideration, from that
difficulty, by recollecting that the orders of the pilot were
given and not obeyed by the steamer.
Mr. HALL, who was for the plaintiff, requested his Honor
to direct them to the case in which Dr. Lushington had ex-
pressed the opinion referred to. It was important that his
Honor's judgment should be known, inasmuch as it would
considerably modify the regulations of the Dock Committee.
One of those regulations was, " As a steam-vessel should be
considered in the light of a vessel navigating with a fair
wind, and should give way to a vessel on a wind or other tack,
it becomes only necessary to provide arule for their observance,
when meeting either a steamer or sailing vessel going
along." The Liverpool pilots, Mr. Hall continued to say,
considered this regulation as meaning that steam vessels,
under all circumstances, as vessels navigating with a free
wind, should give way, whether they were towing another
vessel or not.
His Horton.: I am of opinion that that rule should have
reference to steam vessels only when they are not encumbered
by having another vessel in tow. The case I have referred
to is the " Kingston-by-sea, 3rd Robinson, Admiralty cases,
page 154 ;" and in it Dr. Lushington says—" It has been
urged in the argument, that as a steamer is to be considered
as always having the wind free, the consideration applies
whether she has another vessel in tow or not. To this pro-
position I cannot accede. It is true a steamer is always
considered to have the wind free ; but it does not in my
opinion follow, that a steamer having a merchant vessel in
tow, is always free. That will depend, I conceive, upon the
state of the wind,- the direction in which the steamer is
going, and the nature of the impediments that she may
meet with in her course." In conclusion, his Honor gave

the defendant Pernoif#sion? on the payment of costs, to move
on Thursday for a new trial Before a jury.
WALSH V. GRIMSHAW AND CO. plaintiff, Mr.
John Walsh, is a master porter, and the defendants are
well-known ship-brokers in this town, and the action wal
hpught to recover £l6 165., under the follo-ving circum-
gtdtieetln the month of October, 1852, Mr. Milligan,
one of the defendants; employed
.the plaintiff to unload, in
as expeditious a manner as po-ssiti* the ." loseph Walker,"
in order that she might go to sea again: The fessel was
accordingly unloaded in three and a half days, the ordinary
time for such a vessel being seven or eight days ; and ti&
having been paid by the defendants, the action was brought
to recotef the balance of £l6 16s. On the part of the de-
fendants, it Was contended that they had paid their full
share of the extra expense 61 :Lama of the Vessel, and that
the consignees of the goods should pity the balance. Some
time was occupied in discussing this point.
His HONOR said that he would not entertain a donlat of
the liability of the defendants. If the goods were unloaded
in the ordinary time; then the consignees would be bound to
remove them ; but when they were unloaded, for the con-
venience of the ship, in much less than the ordinary time,
it was but proper, and a well-established principqc in law,
that the consignees of the ship should bear the extra
reuse: He should accordingly give judgment for the plain-
tiff, and fern' the accounts for settlement.

POLICE COURT.—YESII.gIiDAY.
ROBBERY WITH VIOLENCE IN BA.NNISTER-STRttli
Thomas Fielding, Peter Mackey, and John Smith, three
powerful young men, were charged with stealing a watch,
£5 10s:, and other property, from John Darwin, an engineer
from Shropshirei on tine night of Sunday last. The com-
plainant stated that he elude to Liverpool on business on
Saturday last. On Sunday night batten half--past eleven
and twelve o'clock he was walking with a friend in Bannister-
street. He by some accident missed his friend, and was
looking for him, when he was attacked by three men, one of
whom placed his hands over his mouth to prevent his calling
out—a second threw him down and knelt upon his chest,
while the third rifled his pockets, stole his watch and his
top-coat. He immediately called "police," and the three men
made their escape. The police eanie up, and they went to a
brothel, where two of the prisoners were apprehended—the
third having made his escape from the house. The com-
plainant iden ified Fielding as the person who had rifled his
pockets, but could not speak positively as to the other two.
An inspector of police and two officers spoke to seeing the
prisoners run from the direction where the robbery was
committed to the house in which they were•apprehended, in
which upon making a search they found a glove, which the
prosecutor identified as his property. The prisoner Smith
protested his innocence, and witnesses were called, who
proved that he was, during the chief part of the evening,
and from half-past eleven until he was apprehended, in a
table-beer shop, in Manchester-street. Fielding and Mackey
were committed to take their trial,—Smith was discharged.
Thomas Kayer, a negro lad, was connnitted for twenty-
one days' imprisonment for stealing ship-biscuit, having
been previously convicted.
Peter Starkey was charged with stealing some flour from
the Bramley-Moore Dock. The police officer on duty de-
tected the offender with the flour in his possession, but as
he alleged that he had picked it off the ground, and as he
had not been previously before the court, he was discharged
with a caution as to his future conduct.
James Mullen was discharged, having been charged with
picking pockets, the evidence not being sufficiently conclu-
sive to justify a conviction.
William Wood, for a like offence was also discharged.
He was seen by the police officer to make two attempts to
pick a lady's pocket, but failed in each attempt. The lady
did not appear.
Joseph Moore. a child whose head scarcely reached the
magistrates' table, was charged with attempting to steal
money from the till of a shop, No. 17, Warwick-street. A
witness stated he went into the shop yesterday afternoon,
when he saw the lad lying across the counter with his hand
in the till. He secured him. The defendant, although so
young, had been already six times convicted for various
offences of a similar character. The magistrate, conceiving
him to be perfectly incorrigible, and that it would be all but
hopeless to attempt to admonish him, committed him for
three month's imprisonment.
John Connelly was charged with picking the pocket of a
butcher, and stealing therefrom a memorandum book.
The police officer stated that he saw the prisoner with ano-
ther lad accompanying the owner of the memorandum book,
who was very much intoxicated, in Stanley-street, and upon
his going up to them he saw the prisoner take the book
from his pocket, and consequently took him into custody.
The owner of the book did not appear, being engaged in the
market. The prisoner was committed for three months.
James Branham was charged with stealing 9s. from the
pocket of a person who had employed him to assist in deli-
vering some goods from a cart. It appeared that the com-
plainant and the defendant had during the time of business,
and subsequently, been drinking together, after which they
went to the complainant's cellar, when the coat, in which the
money was deposited was taken off, and put on one side.
During the absence of the complainant the money was taken
from the pocket, and the defendant decamped. The magis-
trate discharged the defendant, and blamed the prosecutor
for drinking and keeping company with such persons.
Julia Riley was charged with stealing two sovereigns, the
property of her mistress. It appeared that during the time
her mistress was at market on Saturday last, two sovereigns
were abstracted from a drawer. Upon her return she missed
the money and accused the prisoner with taking it—as no
other person had been in the house. The pri-
soner positively denied the charge, and expressed a
desire to search under the carpets in the room, and also the
bed, under which, after having been threatened with punish-
ment, she found the money. The magistrates having ad-
monished the offender for her ungrateful conduct, in robbing
her mistress who had been so kind as to take her when she was
neglected and forsaken by all Mends, discharged her, as the
complainant had used a threat to induce her to give up the
money, which was contrary to law
John Bradley charged with passing counterfeit coin, was
remanded for a week.
Peter M'Lenny, and Rose M'Lenny his wife, were charged
by one of the detective officers with stealing a watch.
The officer said he had occasion to search the house occu-
pied by the prisoners, in which he found the watch produced,
but up to the present time he had not been able to find an
owner for it.
The male prisoner denied any knowledge of having pos-
session of the watch. The female prisoner, who, it appeared
kept a house of ill-fame, alleged that the watch had been
left with her by a gentleman to take care of.
The magistrate considering the case one of great suspicion
remanded the prisoners, in order to afford the officers time
to make inquiry for the owner.
James Smith was charged with stealing a newspaper,
" Bell's Life in London," from a spirit vault. Late on Sa-
turday night the offender went into the vaults and requeated
permission to look at the newspaper, which was handed to
him. He soon after left, and upon being followed, the paper
was found in his possession. The landlord said that offences
of that description were so frequently committed that he felt
it necessary to make an example of the delinquent. As the
prisoner had not previously been before the court, he was
discharged.
Patrick Malone was changed with embezzling the sum of
£8 15s. 3d., the property of his employer, Mrs. Jane Percy,
Oliver-street, Copperas-hill. The prosecutrix stated that
she gave the prisoner a ticket to receive the money, but as
he did not return she gave information to the police. A
detective officer stated that upon receiving the information
he repaired to the Collingwood dock, and at twenty minutes
past eleven o'clock, on Saturday night, he apprehended the
prisoner as he was about to embark on one of the Irish
steamers. He had paid for his voyage, and had £8 ss. 4d.
in his possession. The prisoner admitted receiving the
money, but said he intended to return it. Committed for
trial.
John Woods, charged with embezzling 43 bales of cotton,
the property of his employers, the details of which has
already appeared in this journal, was further remanded until
Wednesday next, a material witness being in Yorkshire, pro-
curing evidence. Mr. Black appeared for the accused.
Elizabeth Molleen, an Irish woman, was charged by Mr.
John Murdock, pawnbroker, Marybone, with altering the
figures on a duplicate. According to the statement of Mr.
Murdock, it would appear that the defendant had pledged a
parcel at his shop for 3s. ; and that upon her going to re-
deem the same, the figures had been so re-arranged as to
make it 2s. 3d. He said such cases were getting so nume-
rous, that he should press for the utmost punishment. The
defendant, who could neither read. nor write, denied the
charge, and stated that the articles had formerly been
pledged for that amount, but had the same day been re-
deemed and pledged for the 2s. 3d. The magistrate dis-
missed the case.
Ann Kayne was remanded for further examination, on the
charge of having stolen a gold ring. She offered the ring
in pledge at the shop of Mr. Robertson, Great Howard-
street, when, not being able to give a satisfactory account of
how she became possessed of the same, she was given into
the custody of the police.
John Gibson was fined 10s. and costs for an assault on the
police while in the execution of their duty.
ANOTHER CASE. OF STABBING. —Rose Ann Gallow, a
rather interesting looking young woman, was charged with
stabbing Margaret ',lllurphy, and severely wounding her in
the face and. head, about twelve o'clock on Sunday night.
The complamant,who appeared in court with her face band-
aged all over, so that her features were scarcely visible,
stated, she was in a public house in Park Lane, about
twelve o'clock on Sunday night, and when she was about
leaving, the defendant looked in at the door, and after calling
her some ill names, said "I owe it to you"and stabbed her in
the face and head several times. She was taken to the
Southern Hospital, where the wounds were dressed. The
surgeon of the hosaital described the nature of the wounds,
saying, he believed them to have been inflicted with some
sharp instrument, for instance, a knife. The defendant
denied that she had used a knife, but admitted
having assaulted the complainant, and alleged that the
wounds on her face and head had been inflicted with the
ring on her finger. From the evidence of the surgeon this
being impossible, the magistrate committed the defendant
to take her trial at the next assizes.
EMIGRANTS COMPLAINTS.—Mr. R. D. Robinson, the rapt.
of the " Guiding Star," appeared, by Mr. Almond his solici-
tor, to answer several complaints preferred against him by

emigrants from the above vessel, the informations having
been instituted by Capt. Schomberg, the Government Eon-
gratin. agent for this port, under the provisions of the Act
of Parliament.
James Opie, one of the passengers on board the above
vegsdf said he had to complain of not having received
his proper* quantity of provisions. Instead of having
delivered to him one week's provisions, he had had
only three days' allowance given him. The water was given
out daily, but the provisions were only distributed once a
week.
By Mr. Almond.—The Guiding Star left this port on the
Thursday; and all went on right until the following Sunday
afternoon; when they were wrecked off Cape Clear—the
masts had to ha cut away and the ship was disabled. He
could not say, not being a sailor, whether she was unfit to go
to sea. They put into Belfast Dock. They had cholera
aboard. On Friday, the mayor of Belfast and other officials
went on board the vessel. On the Monday he had only half
a week's provisions given him instead of his allowance for a
week: When he left Belfast he did not know where the
vessel was going to. He did not know they were coming
to Liverpool. He did not himself complain to the captain,
but he had complained to the mates. He could not say
whether any of the passengers had complained to the cap-
tain personally, but they had made comulaints.
The Magistrate : Where the provisions you were sup-
plied with coked, or had you to cook them yourself?
Witness : No they were not cooked.
The Magistrate : :Had you, or any
.of the passengers
made any arrangement to have the provisions delivered out
weekly instead of by the day ?
Witness : No sir.
The Magistrate : By the act of parliament the provisions
have a right to be supplied daily.
Robert Allen another passenger confirmed the statement
made by the witness.
Lieutenant Prior, an officer connected with the govern-
ment emigration, deposed that he cleared the Guiding Star
from this port on the 26th of October. He saw that the
water closets and other arrangements were there in accor-
dance with the provisions of the act of parliament. He also
saw her on her return to this port on Friday the 14th of
November, when he found the female hospital knocked
down—the bulkhead to divide the sexes also broken down,
and the water closets removed.
By Mr. Almond : When the vessel left there were
ten water closets,- only nine were required by the
act of parliament. The ship, when she returned to the port,
had lost a main topmast, and she was so damaged as to be
uunt 110 le act in f.rm.ti that 'lie bulkheadi had
been knocked down to get more ventilation. s was the
medical officer on board who gave that reason. The reason
assigned for knocking down the female hospital, which was
on the deck was, that it interfered with the health of the
other passengers.
Me. Almond addressed the bench for the defendant, con-
tending that, under the circumstances, with the cholera on
board, and the ship seriously injured, that the same disci-
pline had not been kept which would have been otherwise
the case ' • and that in removing the hospital and water
closets the captain had acted under the advice of the medical
man on board, therefore he could not conceive that the pro-
visions of the act would apply, as he had not acted willfully
or negligently. He called
Mr. A. Steward, who said he was the surgeon on hoard the
Guiding Siar. The passengers were all examined when
they went on board. The cholera broke out on board the
vessel the Sunday night after they left the port. It was
after the vessel had lost her topmast, and received such da-
mages as rendered her unfit to proceed. He was of opinion
that had the vessel proceeded to New York there would not
have been twenty of them alive when they got there. The
bulkhead was broken down at my suggestion. It was to
give more ventilation. The passengers, a lot of Germans,
constantly hung their wet linen there, and he could not get
them to remove them, although he had cut away the lines.
The Magistrate Could you not have prevented them
from hanging the linen there. Surely that would have been
better than breaking down the bulkhead T
Witness : We could not prevent them, It was quite ne-
cessary as the cholera was on board the vessel that it
should be removed. The vessel was taken to Belfast, where
the authorities visited it, and there the sick were taken
ashore as were also the dead. He did not hear any com-
plaints about the cooking of the provisions ; when he did,
gsteesdtiothnr
bLecartfisehetwheateeirn-ucNleiaseftsrosnavertehetmaketnenddoewdnto at
asshisist
he told them to go to him, which some of them did, and he
a .ss
usgi
the contagion.
The Magistrate : Were there no means of keeping the
closets clean without removing them ?
Witness : No sir—the passengers themselves were the
most dirty lot that ever I had to do with in my life. The
passengers would not do the least thing ; they would not
even assist to remove the dead from the living, and he had
to get the sailors to assist him, although there were plenty
of men about. The hospital at the other part of the ship
was taken down at his suggestion, because it interfered with
the health of the other passengers.
John Mindock, the first mate, confirmed the statement of
the surgeon.
David Scott, a passenger, spoke of the captain and crew
being kind, and doing all in their power to add to the com-
fort and happiness of the passengers. He had no complaint
to make ; he always received his proper amount of provisions.
He had heard none of the passengers complain.
Walter Blake, the third mate, delivered out the provisions
every. Saturday. The reason he had not given witness his
provisions on the Saturday was because he had not had time.
He had something else to do ; it was dark when he had
served half of them.
William Borrow, the second mate, stated the provisions
had been cooked as far as they possibly could ; but the pas-
sengers went in such shoals to the place, that the cook could
not stir.
Mr. Almond wished to inform the magistrate that the
hospital was still on the ship's deck, and could be inspected.
The magistrates, after a few brief remarks, said, under

all the circumstances of the case, he should consider it his
duty to fine the captain in the minimum amount mentioned
in the act of parliament with regard to three of the offences,
viz., for removing the bulk-head ; for removing the water
closets ; and for not having the provisions properly cooked.
The captain was fined £5 for each of the above offences.
HOUSE-BREAKING.—Four youths named Henry Jones,

James Hughes, Henry .111accey, and Edward Perry, were
charged with breaking into a house, in Pitt-street, on the
previous night, and stealing therefrom a variety of articles.
It appeared that the owner of the house let it furnished, and
that the former occupier had left it early the previous week
without having properly secured it. The boys were seen
getting over the walls, and it was afterwards found that they
had pledged and sold a portion of the property they had
abstracted, amongst which was a copper coffee=pot, which
they had sold to a person named Higgins of Great Crosshall-
street. The prisoners were remanded until this day, when
they will be committed for trial
George iffuney was fined 10s and costs for an assault upon
Miss Stimp3on, of Williamson-square ; he lodged in the
house of her parents, and going home intoxicated on Satur-
day night, he, after the family were in bed, was found in
the young ladies room.
William Jones and Peter Lyons were fined 10s for an
assault on the person of Michael Murdock. It was proved
in evidence that the parties accused were at the time of the
offence intoxicated, but they had exhibited a knife which
the magistrates considered a most abominable offence.

It is the general belief at Constantinople that " Queen
Victoria, having caught Lord Aberdeen receiving several
tons of gold from Russia, had his head instantly taken off, to
the great joy of the people ;" and that "Lord Palmerston
is Grand Vizier now !!"
The Rev. Chancellor Raikes, reporting on the Chester
Ragged Schools, says, " The little good effected is done at
a great waste of expenditure; and I feel that no real good
will be done to the children of the dangerous class un-
less we can substitute a Reformatory School for a Ragged
School, and endeavour to introduce moral habits in ad-
dition to the elementary knowledge given at present.
Such is the conclusion to which I have reluctantly been
brought."
NARROW ESCAPE OF A COUNTY COURT JUDGE.—OR
Thursday last, whilst the Judge was sitting in the County
Court at Tiverton, the roof gave way and fell in. The
court was very much crowded at the time. A beam from
the roof fell with a tremendous crash toward the judge. As
may be imagined, a scene of great confusion followed. A
general rush was made to the doors, it being feared that
the whole of the upper part of the building was falling in.
Fortunately, that did not take place, or a large number of
persons must have been killed. As it was, many persons
received severe bruises.
GROSS OUTRAGE IN A CHURCH.—A most wanton and un-
justifiable outrage has been perpetrated on a Protestant
church at Warmsworth, between two and three miles from
Doncaster. The occurrence took place some time during
the night of Wednesday last, and those who committed it
commenced their attack on the building by first throwing
stones at the windows from the outside, a number of which
they broke. They then proceeded to force open the church
doors, as is indicated by footmarks about the place, but,
not succeeding, they went to a window on the north side
of the church, broke the glass, tore away the lead from the
squares, and removed the casement, by which they were en-
abled to creep through. Having thus obtained an entrance,
they pulled down the communion rails and demolished the
stone font. Nothing but the base of the font remained to
indicate that one stood there. The velvet cushion on the
top of the pulpit and the one on the clerk's reading desk,
as well as the great number of the cushions and hassocks
in the pews, were cut and torn, and the stuffings strewed
about the church and graveyard. Some wood work near
the communion table was also pulled down. and broken. The
stone near the same place is also pulled up. A number of
the books belonging to the congregation, have been torn
and otherwise damaged and thrown about the church. Se-
veral loose seats used by the poorer class of the congrega-
tion were broken and piled one over another. After they,
had broken or damaged everything they could come in con-
tact within the sacred edifice, they proceeded to remove the
lid or top stone of a tomb, which they rolled over in the
churchyard, and left it there. The Rev. C. E. Thomas,
the incumbent, is instituting vigorous measures for the ap-
prehension, of the depredators, but the fellows have shown
so much tact and dexterity in the execution of their work
that it is feared the authorities will have great difficulty in
bringing them to justice. A reward will be offered for the
apprehension and conviction of the offenders. •

Some five and twenty years ago, the management
of Bolski's Quarterly Magazine, a provincial pe-
riodical published at-Cork, all but entirely fell into
our hands, when, with the aid of some friends, it
was sustained for some time, more as a labour of
love than for any profit derivable from the concern.
The proprietor had been a respectable printer and
bookseller, and was eminently successful in all
his undertakings, save and except this one of the
xnaganinc. Thorc is tcaaou to doubt of hi:t ulti
mate success in this speculation also, had not a
parsimonious and miserable spirit taken entire pos-
session of his soul, and induced him to believe that
he would be enabled to carry it on with gratuitous
contributions. But he was completely mistaken.
Even when voluntary aid was afforded him the
publication was often delayed from week to week
after the regular period for its appearance, sooner
than incur the necessary expense and outlay in the
printing-office. Yet all this poor and mistaken
economy took place while the long list of his sub-
scribers actually displayed almost the entire of the
protestant clergymen and gentry of the extensive
county of Cork, properly called then, as now, the
Yorkshire of Ireland. Such, however, was the
penurious fatuity of the man. The magazine
continued to languish for some time, but finally
died out of complete exhaustion. The con-
tributors, the subscribers, and the public alike
got tired of. it. But during the slow and
wearisome struggle to sustain it by the occa
sioned gift of an able and first-rate article from
some of the talented penmen of which the capital
of South Munster can boast, the editorial con-
ductors were surprised by a constant flow of
manuscript of a legendary and poetical character
from a youthful contributor in the western part of
the county. It soon led to the introduction of the
writer to some of the literary circles of Cork, and
finally to a friendship between the parties, which
neither time nor absence nor distance has dimi-
nished or broken He was then, perhaps, abou
eighteen years of age, or more, but very youthful,
buoyant with fresh feeling, and enthusiastic to a
degree, which nothing but the bardic afflatus
could excuse or tolerate. His parents were sup-
posed to have been in comfortable circumstances,
at all events they were enabled to bestow upon
him a good classical education, and the seeds of
Greek and Roman literature never seem to have
fallen into a more genial or fertile soil. He had
read a great deal, that was quite evident, but like
most Irish scholars without system or method ;
and whatever he could lay his hands upon, he
pored over until he mastered it. Some rare and
curious tomes now and again fell in his way, of
which he readily availed himself, and dived into
the_ lore of by-gone ages, so that -although his
scholastic discipline had been somewhat irregular,
it was by no means immature. Snatches of song,
sweet and silvery, such as Leigh Hunt might have
written, had he been a Dombey, and reared up
under the broad shadows of Hungry-hill, or
accustomed to ramble by the bleak margin of
Cape Clear, came into us day after day by various
modes of conveyance ; for the penny post was not
then amongst the daily enjoyments of life.
Stories and tales without number and without end
reached us from the prolific pen of the' youthful
wanderer by the western
.sea, of all which the
name alone of one still cleaves to our recollection.
It was It went. to unfold the destiny
of some brave Celtic chieftain of the name and
race, who had been possessed of some hereditary
insular dominion in Cape Clear and the headlands.
We can well remember how welcome it was at the
time, while so far as the young author. was con-
cerned, it gave promise of better things besides,
indicating the bent of his genius, and the fertility
of his fancy. It showed something more, and
which, perhaps, eventually proved more useful
than all his wonderful application and untiring
industry. This practical spirit it was which stood
by him in Spain, and which now sustains his
respectable and independent in France. However,
as soon as our mutual communications and our
friendship ripened, the poetical tendencies of the
young Bantry boy predominated and soon dis-
played itself. A volume of poetical and lyrical
effusions, the principal poem of which was called
Zedechias soon appeared, published, strange to say,
in the chilly and chilling atmosphere of a southern
province. The name was scriptural, we really
cannot recall why or wherefore, but the stream of
poetry was bright and gentle, and abundant like
the native —. Little or nothiug, in a com-
mercial point of view, accrued from the publication,
notwithstanding the efforts of several friends, but
nothing of the kind seems fated to be productive
in the beautiful city after all its literary celebrity.
Whilst he continued in the West, about this
period, a young 'lady, niece of the well-known
--, became smitten by the personal and
mental attractions of the young . bard; the only
result of the affair appeared to be a long and
interesting correspondence, which was certainly a
felicitous -opening of the - dorrnant power—the
Letters of Abelard and Eloise would have fallen
fifty per cent. in valuation, had they the good luck
of meeting with publicity. However, in a moment
of, punctilious inspiration and honor, a friend
consigned them, per,haps the better for all parties,
to the flames. We niust,in all truth and sincerity,
eclare that as far as the bard was concerned, the
whole thing seemed to pass away with the scenes
and the locality which occasioned it

An • offer was now made him by one of the
Killarney branches of the
undertake the tuition of his boys, which the
classical poet was delighted to acceept. He was
fond of learning, even for its own sake, and here
he would have every fair opportunity of acquiring
it. The family mansion on the borders of the
lower lake was enriched by a splendid library,
which-soon became the daily haunt and study of
the bard. This was neither more nor less than
the turning point of 'his y6uthful career in life, for
here it was he become, after the lapse of a brief
period, acquainted with a relative of
the house, and then employed by the Spanish
government to raise an Irish auxiliary legion.
Young and enthusiastic Celtic volunteers crowded
round the colonel, . longing for an opportnnity of
seeking fame in the Peninsula. The young tutor
had caught the attraction; and now the whim of
the commanding officer who solicited his adhesion
and offered inducements. There was little occa-
sion; the tutor instantly threw down the pen,
accepted, the sword, and became a soldier. He
was immediately nominated to the rank of adjutant
and paymaster.
We cannot say whether the scenery of Lakeview,
and the, lakes, called forth any ardent ebullitions
of the minstrels ,fa,ney, for henceforward he
appeared to have :abandoned the muse, as an
object or myth, unworthy of a brave man's, or any
mares., Solicitudh. ;',. His countenance and phy-
iiognOmy—whateket his character may be, and it
was truly excellerit-4---were peculiarly Spanish in
their aspect 'and outline. A swarthy complexion,
black glossy ringlets, and black curling whiskers
on a small but well-set head, which belonged to a
physical der'elopment of limb and person, slight
but wiry,.vigorous and elastic, seemed to recom-
mend him toAh.e colonels military eye, for the dar-
ing leader of a handful of hardy and intrepid moun.

taineers. He was accordingly chosen for the
auxiliary troops, and the colonel's anticipations
were realized to their fullest extent. The young
adjutant soon made his appearance in the city of
his recent adoption in the elegant and becoming
uniform of the legion. To look at him, at this
moment, one would suppose that he was never at
home before in his vocation—neither as the
novelist writing tales for the reluctant paymaster
and proprietor of a magazine, nor as the pro-
vincial bard, struggling a little for subsistance,
and entirely for fame, so well did he appear !
Then his teeth were white and regular, and his
smile so inexpressibly sweet—'twas a sort of quiet
fascination. There seemed little hurry on his part
to get away from the banks of the Lee, although
the Douro or the Guadalquiver were supposed to
be at the time margined with warfare and bristling
with bayonets. His natural anxiety to see some
service, for he was high-spirited and ardent, was,
however, tempered by a not unpardonable vanity
to exhibit himself in the southern metropolis. The
Lyceum—the arena of his literary discussions-
-1 which he had enriched with his fervid eloquence,
and enlivened by the copiousness and strength of
his argumentative powers as a debater, was sure to
be visited in his close-fitting costume of dark and
1 braided green ; while several Sundays witnessed
him attending divine service in the well-known
chapel of St. Finbar, situated in the southern out-
skirts of the city. But his exhibition days were
soon over, and the hard labour, peril, and fatigue
of the Carlist warfare succeeded, in which our
young Irish paymaster acquired for himself a cha-
racter for steadiness, efficiency, and spirit, which
alike recommended him to his- superiors and en-
deared him to his men. The Carlist affair, not
withstanding all the blood and treasure that were
wasted during its continuance, was not fated to
last for any lengthened period, and once over, he
returned again into private life. But provi-
dence had some further gifts in store for him, for
an arrow from the bow of Cupid had expedited the
formation, in some measure, of his destiny. He
was not doomed to relinquish the Lusitanian soil
as soon as he apprehended, since one of the beauti-
ful and dark-eyed daughters of the land had become
enamoured of the matured manliness and frank
sincerity of the gallant, educated, and poetical
young Irishman. Beautiful we can well believe
her to have been ; for she is beautiful still, and
amiable we have heard her to be from one who
had the pleasure of enjoying her society, and she
brought with those natural gifts an acquisition that
could have been by no means unacceptable, however
disinterested, to the young soldier. Her fortune
was said to be a handsome one ; but as the particu-
lar amount has' never been stated, we need not
dwell upon it. " When it rains it pours," is often
recalled as a proverbial saying whenever there
seems to be a continued run of good luck, as at
this period happened to the subject of our hasty
memoir, for he was engaged probably on account
of his minute acquaintance with Spanish affairs as
one of the foreign correspondents of the great
London periodical the Times. The capabilities of
their'correspondent was not lost upon the " Thun-
derer," as they goon. determined to leave him no
longer in the comparatively background of Madrid,
but permanently instal him in a situation of greater
prominence and higher responsibility. He was,
therefore, ordered off to the French capital. Paris
soon became a home to the Irish exile, where his
talent and industry and diplomatic surveillance
have created for his correspondence and opinions
on the fluctuating occurrences of the day, a weight
in the political world which can scarcely in these
times of imperial and international intrigue be
overlooked or forgotten. The public—and the
caterers to its insatiable curiosity, the daily press,
look not so much to what Prince Gortschakoff has
proclaimed, or what Omar Pasha has done, as to
what the Paris correspondent of the Times has
written. His sentences have become of more ap-
, palling significance to the modern world than the
handwriting on the wall in times of yore ; and the
Barings and Rothschilds of Europe are more ac-
customed to rely upon their depth and solidity in
the disposal of bullion, than on the manifestoes
done at Izarskoe Selo, or the protocols of the
Sublime Porte. His remuneration—twelve hun-
dred a year—is well earned, and bespeaks the good
sense, as well as the liberality, of the princely pro-
prietor. Long may he reign beside his portfolio,
and enjoy the -luxury of his Parisian boudoir is the
prayer of a brother anchorite, of the olden time,
upon the banks of the Lancashire Pactolus

MR. SHRIVALL AND MR. DAVID

MCLELLAN.

TO THE EDITOR OF THE NORTHERN DAILY TIMES

SIR,—My name has, very unfortunately, been of
late prominently and painfully, brought before the
public, especially by means of the intemperate
letters of Mr. David M'Clellan. With that individual
I had had no quarrel. I did not even know him;
his name was never -alluded to by me, yet I find I
am the object of his unceasing abuse and scurrility,
and he appears determined, as far as he is able, to
injure my. reputation.

The original charge I totally and indignantly deny.
As to the charge of conspiracy and subordination
of witnesses made against me by Mr. M'Clellan, I
have instructed my solicitors to seek reparation by
an action at law. Until that is decided, I must re-
quest my numerous friends and the public to sus-
pend their judgment.—l am, Sir, yours obediently,
FREDERIC SHRIVALL.
Liverpool, Nov. 21, 1853.