The Northern Daily Times.
Liverpool, Merseyside, England, 1853-12-09 00:00:00

THE NORTHERN DArLY TIMES.

omplained of would be remedied by the new sanitary act,
which required, as a preliminary, that all new streets should
be in the first instance sewered.

The following were deClared contractors for supplying
horses and carts for the removal of the street sweepings :
Thomas Ellisson, for Liverp9ol proper ; William Jones, for
Everton ; and Thomas Wolsey, for Toxteth-park.
A letter was received from William Pollock, offering to
purchase the land between the offices in Cornwallis-street
and the baths.
Mr. HODSON thought it would be well to sell the land.
Mr. BECKWITH : Mr. Chairman, I wish to know if the
chairmen of the different committees are to have gowns
made like those worn by the mayor and deputy town-clerk,
and to wear them in committee ? (Laughter.) There is a
report of that kind in circulation, and I wish to know if
there be any truth in it.
The CHAIRMAN If there is, I can only say that you will
never see' me in any one of them. (Laughter.)
Mr. ROBERTSON GLADSTONE : I should not object to wear
them this weather—the only thing I should require in re-
turn is that in the summer season when the -weather gets
hot, we may be allowed to sit in our shirt sleeves. (Laugh-
ter.)
Mr. GODFREY : Is this a part of our business—this
cloaking ?
Mr. BECKWITH : I only heard that the report was in
circulation, and I thought the best way was to put it to the
chair at once. (Laughter.)
The committee then adjourned.

THE SMITHFIELD CLUB CATTLE SHOW

DINNER.

On Wednesday evening the annual dinner of the Smith-
field club was celebrated at the Freemasons' Tavern, when
about 150 gentlemen were present.
His Grace the Duke of RICHMOND, the president of the
club, presided on the occasion, and was supported by Lord
Portman, Lord Berners, Mr. Pusey, Sir John Shelley, Bart.,
M.P., Admiral Saumarez, and other eminent agriculturists
and breeders.

The noble CHAIRMAN having proposed " the health of her
Majesty the Queen," which was responded to with enthusias-
tic applause, said the next toast he had to propose, was "the
health of his Royal Highness Prince Albert." In doing
so, he begged to say that he had, as president of the club,
written to her Majesty and his Royal Highness Prince
Albert, inviting them to visit thorn show, and the only reason
-‘l,j 'Noma not honour the show with their presence this
year was their absence from town ; but both her Majesty
and the Prince expressed their sympathy and approbation of
the objects of the club. He had the greatest satisfaction
in acknowledging his Royal Highness Prince Albert as a
member of the Smithfield cattle club ; because he felt that
his Royal Highness being so, and becoming an exhibitor at
their shows, did a great deal of good ; and that, by leading
the fashion, his Royal Highness contributed much to make
agriculture fashionable. It was equally gratifying to find
that his Royal Highness Prince Albert had this year carried
off the gold medal in the pig classes. (Hear, hear). It
was to be hoped that the Prince of Wales would follow in
the footsteps of his sire. (Cheers).
The toast was drunk with great applause.
The CHAIRMAN then proposed, " Success to the Smith-
field Cattle Club." He said he believed that every indivi-
dual then present was aware that the great object of the
Smithfield club was to improve the breed of cattle, stock,
and pigs. It was not to produce the monster animals that
they saw from the county of Buckingham, but to produce
wholesome and cheap food for the consumers of this coun-
try. He (the noble duke) was instructed by the judges to
say the show of this year was on the whole better than an
average one, more especially the sheep and cattle classes,
and that the show was a credit to the exhibitors of this
Country. There were many very superior animals in the
show this year. (Hear, hear.) He (the noble chairman)
hoped that there would be no rivalry, either between them
and the Birmingham and Yorkshire clubs, except that honest
emulation which was to try and do the best they could for
the agricultural interest and the consumers at large. It
was to the Smithfield club that.the credit was due of set-
ting the example to all other parts of the country, and he
thought, therefore, he was justified in saying that he thought
they had done great good. He would therefore give them
" Prosperity to the Smithfield Club," and may others follow
its example. (Loud cheers, amidst which the toast was
done honor to.)
The awards of the judges were here read and the prizes
distributed to the successful competitors ; after which the
health of Mr. Richard Strattan, as the winner of the gold
medal and most successful in the cattle classes, was drunk
and responded to.
Lord BERNERS then proposed "The Health of the Pre-
sident, his Grace the Duke.of Norfolk," who acknowledged
the compliment.
The health of Prince Albert, as the winner of the gold
medal in the pig classes, having been given,
The CHAIRMAN gave " The unsuccessful competitors,"
which toast was responded to by Sir John Shelley, M.P.
iOlo reply the toast tonfn e"r crf The Trustees," o kitnitjtm to
support not so much the beginning as the end of farming,
by bringing the best of food to market at the cheapest rate.
Lord BERNERS, in reply for the toast of "The Vice-
Presidents," alluded to the advantages which the royal
agricultural society of England were. to the graziers and.
breeders, and related a case of his own, where he was con-
tinually losing valuable animals by disease, until, under a
rule of the royal agricultural society of England, he made
application for a professor from the royal veterinary college,
which they supplied gratuitously, and Ader the advice of
Professor Symonds, 39 valuable beasts were saved. It
should be known to all, that upon application to the royal
agricultural society, they gave this service gratuitously.
(Cheers.)
The CHAIRMAN proposed " The royal agricultural society
of England, coupled with the health of Mr. Philip Pusey,
its president."
Mr. PUSHY, in responding, said he believed that that
society now represented something like 5,000 of the tenant
farmers of England, and that it had and was conferring a
national benefit. They had heard much of the drainage of
Holland, but in Lincolnshire no less than 600,000 acres had,
by means of species of canals, been rescued from the sea,
and were now in a forward state of cultivation. (Cheers.)
The health of the judges, the stewards, Mr. Brandeth
Gibbs (the secretary,) and other toasts having been disposed
of, the company separated.
Large as the attendance at the show at the Baker-street
bazaar was on Tuesday, the numbers next day nearly
doubled them. The only sale of any importance effected
throughout the day was that of Prince Albert's pen of pigs,
which obtained the gold medal, and they found a purchaser
in Mr. Wall, of Jermyn-street.

COMMON PLEAS-LONDON.

" SPORTING MEN."-ASSAULT.

CLEGG v. Moss.—Both the parties to this suit were
deseqbed as betting men, and the action was to recover dam.
ages for an assault committed on the 13th of October last
in a public house kept by Mr. Teesdale, in Newgate-market.
The defendant pleaded not guilty.
Mr. Serjeant Thomas and Mr. Hawkins appeared for the
plaintiff, and Mr. O'Malley, Q.C., for the defendant.
The plaintiff was called and said—l am a betting man,
and some time ago I gave the defendant £1 to lay out for me
upon Haco for the Cesarewitch. That horse having won, I
thought it was all right. On the evening of the 13th October
last I was playing at cribbage in Mr. Teesdale's house, and
the defendant came in, and I said, " Well,.Moss, we have
brought it off at last." He said, " You b---- scoundrel, how
dare you make use of my Tinny. 2" Thie w.s in rnference to
an order which I had giVen upon him to pay a man named
Scales £1 10s. I said I have not made use of your name,
for you owe me £35 or £4O on Haco. He with his fist
knneked me right over out of my chair,• cut my lip, and
knocked two of my artificial teeth out—(a laugh)—and when
I got up he struck me again.

Cros;-examined.—l have had a betting-office on Snow-hill,
and I shut it up because I lost more than 1 could pay. I
have paid all I could, and 1 pay now regularly. I can afford
it. I have been in trouble. I will tell you all about it.
Well, gentlemen, I was in trouble for bigamy. I left my
first wife for adultery, and took another for virtue, and. had
twelve months for it, and I should not mind having twelve
months more for another wife like her. (Laughter.) The
betting-'office was in the name of Newby, Clegg and Co.
Newby was anybody you like—he was nobody; and the Co.
was nobody also. (A laugh.) I remember the Oaks of 1853.
I received £4 upon the race —very likely £l4, or £34, but
not £4OO. I have paid: everybody except a person named
Benbow. I gave him my address upon the course, but by
mistake•l wrote Richmond-terrace, instead of .Richmond-street,.
Southwark. The gentleman who lived at the terrace told me
that Beribow had been there, and I told him to tell-him where
I was-to• be found. I have never paid Benbow because I have
not seen him, and I will pay him when I see him.
It was sworn by the party playing at cribbage at the time with
Clegg that plaintiff and defendant " had a wrestle for the fall."
A juror was wi hdrawn by consent.

VAST BUSINESS.—The central railroad, New York, has
over twenty-six miles of freight cars in use. Yet even this
does not accommodate the vast business that offers itself,
and new cars are constantly in progress.
FAMINE IN CHINA. —To the horrors of a civil war now
devastating China have been added those of a terrible fa-
mine which prevails in some provinces. The Imperial
Pekin Gazette, a paper which in this case would rather
conceal than exaggerate truth, states that in the province of
Shantung the.corpses literally strew the fields.
INCOME TAX AND WAGES.—In reply to a letter from the
compositors of the Globe newspaper to the Chancellor of the
Exchequer inquiring whether they are not exempt under
the £lOO clause of the income tax, inasmuch as they have
only ' weekly wages, which may be suddenly withdrawn,
the right hon. gentleman answers through his secre-
tary :—" The principal point wherein you appear to think
your case distinguishable from others, is that your employ-
ment is not certainly continuous for, a year. Upon this it
may be observed that if there has been any actual inter-
mission of employment, so as to reduce in any particular
instance a man's receipts below £lOO per annum upon an
average of three years, he is in that case undoubtedly entitled
to claim exemption."

SOUTH LANCASHIRE WINTER ASSIZES.

CROWN COURT;

(Before Mr. Baron ALDERSON.)

Ilis lordship took his seat at nine o'clock

MIL FOR TEE MURDER OF A LIVERPOOL POLICEMAN.

Thomas Copeland, 19, was indicted for having, on the Ist
of November, wilfully murdered Richard Sunderland, a
member of the Liverpool police force.
Mr. ASPINALL and Mr. BOLTON were counsel, for the pro-
secution, and Mr. TINDAL ATKINSON defended the pri-
soner.'

Mr. ASPINALL stated the case to the jury, and having
detailed all the facts, which, it will be remembered, arose
out of the municipal contest, in Vauxhall-ward, on the Ist
of November, he called the following witnesses :
John Evans, a publican, residing in Chisenhall-street, ex-
amined by Mr. BOLTON. I remember the Ist of November.
I, was engaged as a canvasser at the election. We were
waiting for a voter, between two and three in the afternoon,
at the corner of Edgar-street. The prisoner came into the
house, and asked if I was there. I called out "Yes." He
then asked me for drink, and I told him I had none to give
him, on which he seemed angry. In consequence of what
soon afterwards took place I went for arr officer, and brought
one. I then went for other officers, and returned with two
officers. When we returned we found a number of
people assembled at the corner of Edgar-street, of whom
the prisoner was one. The officers began to disperse them.
They all went very willingly away but the prisoner. He
I rather hung back. After this we again went into the public
house, and hearing a cry we came out again, and saw the
police running after the prisoner.
Cross-examined by Mr. ATKINsoN : We had fine stream-
ing flags on the cabs Fe used as canvassers. There were
great numbers of people about the house in Edgar-street.
James Kearns, examined by Mr. ASPINALL, corroborated
the evidence of the last witness, and added that when Evans
asked him to leave the house in Edgar-street, he said he
would " break his b—y head." The landlady of the
house then told him to leave the house, and he also threat-
ened her telling her that it would be worse for her if he
did. Witness and Evans then went for the police.
William Hanle, a policeman, examined. I remember
the two last witnesses coming to me, and wiphed me to
come with them to Shaw's public house, at the corner of
Edgar-street. I went, and found a number of people stand-
ing at the door. The prisoner was one of them. I asked
' the people to go away'. Some one said they would not go.
I said, " you will all °have to remove from here," on which
the prisoner replied, "we'll not move until we get half a
gallon of ale; we won't let the b---y car go.". A car was
standing at the door at the time. The deceased came up
at that moment, and after him two others named
Walsh and Bury. We then removed the crowd
towards Scotland-road, and the car went up
Edgar-street. The prisoner Vent with the crowd.
At the corner of Cavendish-street the prisoner and
constable Walsh had some words. Walsh then pushed the
prisoner on with his hand to make him go forward. He
refused to go, and I then saw Walsh reach at him, and the
prisoner turned round and struck at Walsh. The prisoner
then ran up Cavendish-street, and Walsh ran after him, ac-
companied by the deceased. I saw the prisoner run up a
court in Cavendish-street.. Walsh followed him into the
court, and in a few moments he came out again in the cus-
tody of Walsh. The deceased was lying on his side, bleed-
ing, and died in a few minutes. I then put the handcuffs
on the prisoner.

Patrick Walsh, was next examined by Mr. Aspinall, and
detailed the circumstances as spoken to by the last witness.
He added--Whenhe ran up the entry into Cavendish-street,
he went into the house in which he lived. He ran up stairs,
but before doing so he had to pass through a room in which
there was a table. Inspector Thornton was with me.
While we were struggling with the prisoner, deceased was
at the door. I called him in to help us, and together we
got the prisoner into the court. He would not walk. We
put him on his legs in the court and asked him to go
quietly. He struggled coming down the court. We took
him into Cavendish-street. I had hold of him on his left
side. I told his brother we were going to take him to bride-
well for assaulting me. The deceased took hold of the pri-
soner on the right side. The entry through which we had
to take him into the street was a very narrow one, not more
than two feet wide. We had to put him before us. There
was no-one before us in the entry besides the prisoner. As
soon as we got to the mouth of the entry the deceaSed let go
his hold, and somebody called out, "the man is destroyed."
I don't know who it was. I then looked at Sunderland,
and perceived he had a wound on his left thigh. He was
bleeding. He walked a few yards, and then laid down. I
waved my hand for some other officers, and we took the pri-
soner to bridewell.

Inspector TuoitrrroN, of the scavenging force, who accom-
panied the last witness, corroborated his evidence, and
added, that in coming out of the entry the prisoner's bro-
ther and witness were behind them, about a yard and a half
distant. When they got to the mouth of the entry he heard
the exclamation, " Oh," and saw blood rushing from the
bottom of deceased's trowsers, and he was shakinz. Wit-
ness Well übueu up to ma prisoner and took him to bride-
well.

Cross-examined by Mr. ATKINSON : We had a con-
tinuous struggle with the prisoner from the time by
was on the stairs in the house, until we got to the bottom
of the entry.
Police-officer James Burns said he saw the parties come
out of the entry,.accompanied by the prisoner and the officer
Walsh, He saw deceased stagger and fall. He took him
to the infirmary, where he died a few minutes after arrival..
Ann Houghton, residing in No. 8 court, Cavendish-
street, was next examined. The prisoner resides in that
court. Our front door opens into Cavendish-street. On
the afternoon of the Ist of. November, I saw the prisoner
run up the court followed by the police. He cried out " you
b—r if you follow me I'll croak you." In consequence of
that I ran to the back door of my house and opened
,it. I
heard the prisoner in the house having loud words with his
brother. The officer then came and Stool at the door, and
the prisoner said ".by Jesus. Christ I'll rip you up with
this. I did not see the prisoner again until they were
bringing him out at the door. When they got into the
street fagain saw the prisoner.. He had a knife in his
right hand, which he threw over his left shoulder. I saw
the knife picked up by Thomas Clusham. He gave it to
Thomas Kilcoyne. Kilcoyne lived in the court at the time.
He has left the neighbourhood now. At that momant I
saw the deceased struggling.
Cross-examined : I did not go before the magistrates. I
was not capable of doing so. This is the first time that I
have given information. L gave information first on Tues-
day evening last. An officer came to me.
- By the JUDGE : Did you go before the grand jury ? I
did not. Why did you not go before the grand jury ? I
can't say.
The JUDGE : The bill was only found yesterday, and the
name of the witness is not on the back of it.

Mr. ATKINSON : There is the difficulty under which I am
laboring.in cross-examination.
Mr. ASPINALL : The gentleman who conducts the prose-
cution was not aware of it until yesterday. It is not his
fault.

Mr. AnuNsorr: That does not lessen the hardship on
me. It has come upon me altogether by surprise.

;Cross-examination continued: The oificer- made a short
stop at the door of the prisoner's Ause, and then walked in.
It was about four minutes before they came out.

Mary Ann. York, a little girl, .eiiht years of age, living
with her uncle and aunt, up stairs, in the same house with
the, prisoner, was next examined. Before the examination
proceeded, his lordship questioned the witness as .to her
knowledge of the Deity, and the nature of an oath. Having
asked her several questions, his lordship himself, in a very
impressive manner, administered the oath.
'Clio witness then said—On the afternoon of the first of
November I was on the stairs. I saw the prisoner run into
the•house, and come through the room, and run up stairs.
He took a white handled knife off the table as he passed
through the room. [A knife was here produced, which the
witness identified as the ono which the prisoner had taken
off the table.] Whilst he was on the stairs he held the
knife in his hand all the time. I saw the police come in
and get hold of the prisoner, and then I ran down 'stairs,
and out into the street. I saw the prisoner stab the police-
man in the street with d knife. After he stabbed the de-
ceased he threw the knife into the street. •

Ann Turner, a girl apparently about twelve years of age,
residing with her mother in No. • 8 court, in Cavendish-
street, said—When the policemen were coming with the
prisoner out of the court, I saw him put his right hand into
his pocket, and draw out a knife. He turned it from his
right liaud into his left hand. He then gave the policeman
a back-handed stab in the side. The deceased was on the
left side of the prisoner. I saw the deceased fall.
Elizabeth Atkinson, the wife of Thomas Atkinson, painter,
residing in the country, examined—l happened to be in
Cavendish-street, on the afternoon of the first of November,
when the policemen were bringing the prisoner down the
entry. When they got to the mouth of the entry, I saw
the prisoner put his hand into his pocket, and make a back
handed blow at the deceased. The deceased then fell.

Sarah Walters, the wife of a police-officer, deposed to
seeing the prisoner throw a knife over his shoulder, and the
deceased fall at the same time.

Inspector Williams deposed to going to the prisoner's
house in the afternoon, after the murder, and seeing the sis-
ter of the prisoner washing a knife. It was wet. The
knife produced is the same.
Mr. James Soniers, house-surgeon to the St. Anne's Dis-
pensary, spoke to the serious nature of the wounds, which
necessarily caused almost instant death, the femoral artery
having been divided.
This closed the case for the Prosecution, and after a con-
versation between his lordship and the learned counsel for
the prisoner on the legal bearings of the case,
Mr. TINDAL ATKINSON proceeded to address the jury on
behalf of the prisoner. He urged with great force that the
prisoner had been greatly provoked by the police-officers,
and contended that they had no legal right to take him into
custody. The unfortunate act which theprisoner ultimately
committed was the result of the excessive violence of the
police-officer Walsh, who inflicted several blows upon him
with his stick, simply because he-would not walk along the
street at the speed the officer desired him to do. ,This, con-
duct ou the part of the 'police, induced the prisoner, in a
moment of excitement, to strike him, and the continued,
violence pursued towards the prisoner, when taken into

custody, was the cause of his stabbing the deceased in a
moment of frenzy. The learned counsel concluded by a
powerful and eloquent appeal to the jury to acquit the pri-
soner of the capital charge.
The learned JUDGE, in charginc, the jury, dwelt at some
length on the peculiar state of the law, as it bore upon the
case under consideration. The evidence which had been
adduced left no doubt whatever that the offence had been
committed, and the only question was whether it was
murder or manslaughter, for the learned counsel for the
prisoner had not attempted to deny that, at least, they must
find a verdict of manslaughter. His lordship then proceeded.
to explain to the jury the law on the case, referring to the
point as to whether the prisoner was in the lawful custody
of the police at the time the offence was committed. His
lordship then cited from the 276th section of the local police
act, which he said must be regarded as taw in this case,
although not the common law of the land. The clause em-
powered a police-officer of Liverpool to take any person into
custody whom he might consider a disorderly character.
His lordship concluded by stating to the jury that if they
considered the prisoner was in legal custody, they must find
a verdict of murder.

The jury retired for about an hour, and on returning into
court, they found a verdict of manslaughter.
The learned JUDGE then proceeded to pass sentence on the
prisoner. He said the jury'had waived the crime of murder,
but had found him guilty of manslaughter, which was a
fortunate thing for him. But he (the learned judge) could
not but perceive that the circumstances surrounding the case
showed that it was an exceedingly aggravated offence of
that nature, and that it was also accompanied by several
crimes of this nature, which were now very prevalent iu this
town. The use of the knife was becoming very common
in the country, and, unhappily, the judges were no longer
able to say that it was an unusual offence, for it prevailed
throughout the united kingdom. In the prisoner's case the
use of the knife had caused the death of a fellow creature,
and the prisoner had narrowly escaped being found guilty of
wilful murder. From the facts which came out in evidence,
he (the judge) had asked the jury not to weigh the matter
in the golden. balance, still he had no doubt that they. must
have had some difficulty in coming to the conclusion at
which they had arrived in the prisoner's case The sentence
of the court must be severe, because that public officers, in
the discharge of their duties should be protected. Under
all the circumstances of the case, it was his duty to order
that the prisoner be transported for life.