The Northern Daily Times.
Liverpool, Merseyside, England, 1853-10-10 00:00:00

LIVERPOOL. •
CLAIM FOR SEAMAN'S WAGES.--IMPORTANT DECISION

Mr. Owens, solicitor appeared on behalf of a seaman named
Alexander M'Farlane, to make a claim for a balance of
wages against John Cunningham, owner of the ship " Har-
lequin," amounting to £l.l ss. The claimant shipped at
Glasgow for the voyage to Demerara at £3 13s. per month,
and the owner of the vessel sought to make certain deduc-
tions on account of habitual drunkenness on the part of clai-
mant, and other incompetence for duty, from the time that
the vessel reached Demerara. The captain, Henry Brooks,
was about to read the log-book in support of this, when Mr.
Owens objected that no item on the log could be given in
evidence against the claim of his client, inasmuch as they
had not been read over to him, which the captain was bound
to do under the amended mercantile marine act, either at
the time of entry, or as soon as it conveniently could be done
afterwards ; now this had not been done. In reply to this
the captain stated on oath, that he could not read the log to
the man at the time, inasmuch as he was in a state of in-
toxication, and he had been habitually so until he went into
the hospital at Antigua. The, magistrates said that they
would request the attendance of Mr. MUnSfield from the
other Court, to explain exactly the law on this point. Mr.
Mansfield on entering, said the law on the as
stated on behalf of the claimant, but there were mir.
in the cases of habitual drunkenness, mutinous conduct, or
absolute incompetency. However, it was quite necessary
that even in these cases, the log should be read for the man
as soon as circumstances would allow, if he had not left the
ship altogether. In this case it did not appear to have been
read at all, therefore it could not be brought forward nor de-
pended upon in any way as evidence against the claim ; but
the captain might be heard in support. of any set off not in
the shape of forfeiture of wages. The captain then proved
very bad conduct on the part of the man. On the arrival of
the vessel at Demerara he had commenced drinking, and was
of no further use to him; but he had to go into the hospital
for sixteen days, and the expenses there paid by the captain
were £1 10s. The magistrates said that £1 10s. should be
deducted from the claim for the hospital expenses, with half a
month's wages for the time lost by M'Farline in the hos-
pital, as both losses were caused by his own misconduct, and
the balance, £3 1 ls. 6d., paid to him, but they would allow
no costs.

subject was.

STEALING Run.—John Rimmer was charged by Officer 77,
who stated that between 9 and 10 o'clock on Saurnay
evening, he meet prisoner coming out of the gate of Prince's
dock, with two bottles of rum in his waistcoat pocket. Mr.
Bushell, spirit-broker, of Dale-street, identified the pro-
perty, he said that the prisoner had been employed that day
by some of his people, and he was very glad to find he had
been detected, as an infamous system of plundering was
zoing on

The Magistrates said, there was
man in good employment and your wages, committing
an act ; he must therefore go to prison for 14 days.

no excuse for a
such

CHARGE OF STEALING AND RECEIVING PROPERTY.-Wm
Davies and Mary Davies, mother and• son, and William
Blackwood, a very respeetable-looking man, were placed at
the bar; the boy charged with stealing, the mother with
receiving, and Blackwood with buying a chain, part of some
fewellery, stole from the shop of Mr. Blundell, 71, Great
George-street. The prisoner William Davies
rand boy in the employment of Mr. Blundell
intrusted with this chain to deliver to a customer, on his w 4
met a boy in Church-street, who had run away from school,
to whom he gave the chain to sell. This boy brought him
back one shilling. The chain was foumd with Mr. Black-
wood, who when asked by the officer about it, at once ad-
mitted that he had bought it; he said that he grave the boy
from whom he bought it seven shillings, and it was worth
very little more. The Magistrates said that it was worth a
great deal more, but that there was no evidence at all
against Blackwood or the mother of the boy, and they
must both be discharged. They would also discharge the
boy who had been sufficiently punished by loss of character
and situation.

was an er-

and being

GAROTTING BY AN ARTILLERY MAN.—Peter Dunne, a
great, hulking fellow, in the regimentals of the Lancashire
Artillery, was brought up by. 629, charged with stealing
255. from Patrick Kirwin, a simple Irish labourer. Kirwin
stated that he was going to the steamer, in which he had
paid his passage to Dublin, on Friday night, when he met a
man who induced him to enter a house, and whilst there, a
sovereign had been taken out of his purse. On coming put
he met the prisoner, who asked him what was amiss with
him, and told him he was a policeman in disguise. The
poor fellow believed this on account of the regimental suit,
and followed the brigand into a dark corner, where two
other villains in plain clothes, came up under• pretenCe of
consulting. Suddenly he was pinioned round the neck with
a handkerchief, and half cholked, whilst the prisoner took
the purse and the remaining 255. from his pocket. The
case, which the magistrates pronounced a serious one, was
remanded to this day, as the police expect to get further evi-
dence.

A SLEEPING DRAUGHT.—A Scotch gentleman, appeared
to prooaouto a man giving his name as John Aforgan. He
said that he arrived here from Glasgow, on Friday week.
He drank a glass of ale at the Railway Refreshment-rooms,
and then went to have a walk about the town, which he
had never been in before- After some time he went into a
public house to have another glass of ale, and as soon as he
drank it he became insensible. When he firet recollected
himself, he was in a cab with two strange men, driving in a
place they called the Park. He felt the hand of one of them
in his pocket, and directly afterwards, they got out of the
cab by oue door, and came in by another again. He recol-
lected nothing further than this, till he found himself in the
police station.—Mr. Mansfield : What did you drink that
day ? Complainant : I drank only the two glasses of ale
before becoming insensible ; what I drank afterwards, or if I
drank anything, I cannot tell.—Mr. Mansfield ; What did
you lose ? Complainant : £9 los. Od. and a silver lever
watch. A man named Darbyshire, who keeps a beer shop,
in Gloucester-street, deposed that the prosecutor with two
other men, came to his house in a cab, and called for ale.
Witness perceived the gentleman very stupid, and after a
while he became insensible, on which, he (witness) made the
other men call a second cab and take him away again. Mr.
Clough applied to have the case remanded to this day, when
he expected to bring forward much additional evidence. Re-
manded accordingly.

A man named Dawson, was charged with having broken
a large pane of plate glass, in the Old Swan public house,
Lime-street. It appeared that the man had had some drink,
and after coming out dashed the pane in. In his defence, he
alleged that it was accidental, but as it appeared from the
circumstances stated, to have been a wanton and unprovoked
act, he was sentenced to pay £2, the value of the glass, and
costs, or be imprisoned for a month. -

BIRKENHEAD.
(Before J. D. CASE, and J. S. JACKSON, Esqrs.)

THE ADVANTAGES OF A THICK SCIIIIL.—: William
ITGarry, and Catherine M'Garry, his wife, were brought
up by warrant, for assaulting, beating, and wounding John
Byrnes ; and the following evidence was adduced in support
of the charge :—John Byrnes deposed that he lives at No.
45, Brook-street, Birkenhead. On Wednesday, the sth of
going October, at about 8 o'clock in the evening, he was
down Back Beckwith-street, when he called into a court in
that street to see a man named Thomas Dogherty. He was
accompanied by Elizabeth Donnegan ' • Dogherty was not at
home; he then returned up the court by the same way; he
saw the prisoner, William M'Garry standing at the en-
trance, with his arms folded ; he said it was a wet night as
deponent passed him. He said " Yes," and walked on to
the house where Elizabeth Donnegan resides. On retiring
from it, he had again to pass the house where he had seen
M'Garry standing. He saw him in the same place, and he
asked him if he had said he was as good a man as walked in
that street. Deponent said something in reply to this, but
neither threatened him nor gave him any other provocation.
M' Garry, on the word, unfolded his arms, and before he
could prevent him, struck him a severe blow on the head
with some heavy instrument. Upon receiving the blow he
put up his hand to protect himself, but he did not believe
he struck the prisoner. Prisoner continued to strike him
several times, so that he rendered him partially insen-
sible. Some female came to the court with a candle
in her hand, and by. its light he could see that M'Garry had
a pavior's hammer in his hand, and lie again struck him
with the hammer. He can only recollect, after it, that
Wm. Clarke came to his assistance' and prevented further
injury. Clarke afterwards brought him into the house of
William Dogherty, where a doctor attended him. Sarah
Dogherty and William Clarke supported the evidence of the
complainant, and in addition, the surgeon proved that he
dressed five wounds on his scalp, which had penetrated to
the bone, another one on the forehead, and a third on the
nose. That on the nose originated from a blow given by
the defendant's wife, to the complainant, with a poker.
The magistrates were at first disposed to treat the case sum-
marily, but finding from the evidence, that it required a
much greater penalty than they had the power of
inflicting summarily, they determined. on sending it to the
sessions for trial. Wlicreupon the prosecutor interceded for
the wife of the defendant, as she had a young baby in her
arms, he would forgive her, as he believed she would not have
inflicted the injury had she not been . incited by her
husband.

_Henry Jones was brought up in custody of dock police-
officer Gurd, charged with stealing a quantity of rope from
the steamer Gulliver. It appears that the Gulliver was
lying in the Birkenhead Dock, and the hawser left on board.
Shortly after, on the same day, two boys purchased the hawser,
which weighed above 1 cwt. weight, and made their appear-
ance at the dock gate, when they were stopped by the dock
gateman, . to whom theyLproduced an. order, purporting to
be eignpil thq paptel
__lie steamer Gulliver, of Greenock,
thattthey miKbitqbi av9,‘
,vsd to pass with a piece of hawser,
but PliCtOlt,ganiek-jthmediately detected that the order
fm erg tour; the hawser and the boys,. and
; prg ption of the person they had
,f4eait,pf;:b4 yhts d to apprehend the prisoner.
bero.rr r e magistrates, denied having
s. 11Le JO*: tut"adni having. received part .of the
,AO-. wag.-101 Whereupon the magistrates
ordmedilfgAelshoildtand remanded until this day, that
thettiPlc9m.nalteArsther eßCeiitS.
i "A' T" U R 11,13 MURDER —DISTRESSING CASE—The
case of a lady of respectability, who was charged with having
cut her child's throat, came before the Court to-day. Wishing
to avoid doing anything that may be painful to the feelings
of her friends, we abstain from mentioning names. She is a
married lady, of prepossessing appearance, about four and