The Northern Daily Times.
Liverpool, Merseyside, England, 1853-12-07 00:00:00

,COUNTY CO URT. v E STE RDAY

The court sat at the usual hour on yesterday.
TATE v. CATO AND MlLLER.—William Tate, a journey-
man shipbuilder, sought to recover 17s. 6d., wages from
Messrs. Peter Cato and James Miller, master shipwrights.
- From the evidence given, it appeared that the plaintiff
had been engaged by the foreman of Messrs. Cato and
Miller on a Monday night, to go and work on Tuesday.
He went in the morning and worked the whole day. On
the Wednesday he only worked half a day, up to dinner
time, after which he went to attend the meeting of ship-
wrights, which was held in the concert-hall. On Thursday
he went to work, and at breakfast time he was dismissed,
being paid only a quarter of a days wages. He claimed to
be paid for two whole days and a half-day. On the other
hand, the. defendants contended that he was only entitled to
receive wages for oue day, half a day, and a quarter of a day.
It was stated on the part of the defence, in answer to a
question from his Honor, that if a man chose to leave off
work after a quarter of a day or half a day to go to a meet-
ing or for any other purpose, he was entitled to be
.paid, and
was invariably paid, for that portion of the day during which
be bad worked.

His HONOR said it appeared to him that the case was
quite clear; and that there could be no doubt whatever
about it either in law or in justice. If a man were hired
for the day and by the day, and was discharged at any time
short of the day, he was entitled to receive from his master
the whole of the day's wages if he was ready to work out
the whole of the time. But if a man were hired with a
power upon his part of leaving work at any broken part
of the day,. the same power must extend to the ,master,
in the absence of any direct provision to the
contrary. If the party employed was at liberty to leave his
employment at a quarter-day, half day, or three-quarter-day,
and
.get paid for the portion during which he had. worked,
leaving his master of his own choice, then the master would
be at liberty, in the same way, to dismiss.the workman, pay-
ing him for such time as he had worked. There was no
distinction whatever between the right of the master and the
right of the workman ; and he would wish that .the men
should see clearly that there was one law and one rule, both
in law and in justice, to be applied to themselves and their
masters. The right which the ra m had the master had, and
the right which the master had the man had. His Honor
therefore gave a verdict for 12s. 3d., being the wages for one
day, half a day, and a quarter-day ; and ordered that the
plaintiff; having refused to accept that amount when tendered
to him, should pay his own costs.
WILLIAMS v. GRIFFITHS. —This was an action brought to
recover 51.. ss. 6d., the balance of an account for services, as
a mining engineer. The plaintiff, Mr. Bell Williams, of 16,
Castle-street, Liverpool, claimed to recover the amount from
Mr. Richard Griffiths, of Sealand, near Queen's Ferry, who
was one of the parties engaged in a project for working a
lead mine near liolywell and Flint. The plaintiff was em-
ployed to report upon the appearance of the mine, draw up
prospectuses, &c.
Mr. Him, appeared for the defence, and stated that the
charges disputed were seven guineas a-day 'in the original
bill, for inspecting the mine, four guineas for drawing up a
prospectus, and four charges of half a guinea each, for at-
tendance. The bill amounted to over 301., of which plaintiff
sought to recover the balance.
Mr. WILLIAMS was examined, and stated that his charges
were all regular, and that 7 guineas for inspecting and re-
porting upon a mine was his usual charge, and not an
exorbitant one.

Mr. Hum said he had never heard, nor he supposed had
the court ever heard of such a charge as seven guineas a day
for going to survey a mine.
His HoNoit have known fifteen guineas paid.

Mr. IlimE : Yes sir, under certain circumstances in rail-
way times.
His Hozron: And twenty-five guineas charged.
Mr. HATE: Yes, and I have known a bill for £l,BOO
furnished, which was sent to London, and taxed down to
£2OO.

His HONER ; You asked me, Mr. Hime, if I had ever
heard of such a charge, and I have to tell you that I did.
Mr. HimE; Yes sir, but that was in railway times, when
men got five guineas for doing what they were only in the
habit of charging ss. for.
Mr. William Ramsden was then examined by Mr. Hime,
and deposed that he was surveyor to the Marquis of West-
minster, Lord Fielding, Sir Piers Mostyn, and other noble-
men and: gentlemen. lie had 28 years experience in mining,
and was well acquainted with the Welsh mines, was one of,
the parties who went to Holywell with Mr. Williams.
They were about three or four hours enoaged there. Is of
opinion that the charges made. by Mr. Williams are too
high. ,Seven guineas a day, is more than the usual charge.
Witness himself charges two guineas a day and his expenses.
Two guineas a day is the general charge, and in witness's
opinion seven guineas is an exorbitant charge. Witness
never charged half-a-guinea for his attendance, when par-
ties called upon him in reference to a mine. Is of opinion
that £2O for the work done ought to be satisfactory pay-
ment for Mr. Williams. Witness had done considerable
more work himself, and his account was only LlB charging
two guineas 'a day.
Mr. WILLIAMS : Mr. Ramsden lives in the immediate
neighbourhood of the mines, and he has only to go out four
or five miles and come back again, which is quite different
from my position.
His HONOR : Can you, Mr. Ramsden, give me any in-
stance of a surveyor 'from Lancashire or Yorkshire going
down to the Welsh mines for two guineas a day?
Mr. RASISDEN said he knew of a surveyor coming from
Devonshire for two guineas a day and his travelling exl
penses._ _ _

Mr. HINE said, of course that rule was not supposed to
apply to such engineers as Stephenson or Brunel.
His HONOR : But this is a case of a gentleman taken to
report upon the appearance of a mine, in reference to the
prospects of working it. That is the highest and most diffi.
cult of the mining engineer's department, or as difficult as
most.

Mr. WILLIAMS said he had refused in some cases to go
out of his house for seven guineas.
His HoNon: What do you say to these charges of half a
guinea for attending ? Suppose the mine had been brought
out eventually. through your means, would you charge these
half-guineas; these small charges ?
Mr. WILLIAMS : Either those charges, or else commission
upon the sale of the mine. I gave them my time and
experience, and advised thein as to the mode of forming the
company, and the law under which the company would
exist. _ •

His HONOR : I confess that as respects the charge of seven
guineas, it is not a question perhaps which I am competeit
to deal with, but it is impossible to say from the rate at
which one man is paid how another ought be paid. One
gentleman of the bar will never leave his chambers under
ten guineas another under fifty, and I know other counsel
who will not take less than £lOO. Others again may think
themselves perfectly able, and be very glad to do the same
work for five guineas. So it is with all trades. Whatever
the profession may be, position, reputation, and skill bring
their own price in the market, and you can no more judge
of what one man has a - ight to be paid than you can judge
of the capability of e.r, gentleman by that of another. I
I have known very much higher charges than seven guineas
a day, and very much lower also. I do not think I can
intorfore with that. m ter. With regard to the charge for
attendince, I do not say they are usual—ham my experience
I think they are not.
Mr. 111 ea : And the four guineas for drawing up a pros.-
pectus.__

His Hoicon: That is a matter with which I shall not
interfere. The skill with which these things are laid beforo
the rnblic must be paid for. Tho gentlemen who get these
flaming prospectuses drawn up consider it a great point, we
know, to have them well done, and they are of great impor,-
tance in inducing parties to take shares. I shall deduct
these four half-guineas for the attendance, and allow the
balance.

A verdict was accordingly given for 3s. 6d.

LONDON TO AUSTRALIA.—The tonnage from the port of
London to Australia last week was 4878 tons in eight ships
—five to Port Philip, two to Sydney, and one to Hobart
Town.

SUICIDE IN A POLICE-OFFICE.—A man, named James
llamilton' committed suicide in Glasgow police-office, on
Monday last. He had suspended himself by a black silk
handkerchief from the padlock of the window. The act was
committed during the night'so quietly that a party in the
same lock-up did not hear him.
THE CYCLOIDAL DREDGE. —A modified form of the cz-
cloidal digging machine has been made applicable to the
purpose of deepening rivers or river-bars where deposits
have become an obstruction to the navigation. The ma-
chine is a cylinder composed of any required number qf
wheels revolving on an axle, each wheel being provided with
a number of prongs fixed at equal distances round the rim,
and each prong. (capable of being detached at pleasure),
curved to correspond with the segment of the geometrical
figure called the cycloid. The method °fusing the machine
is to attach it to a steamboat by chains or lines, and to
draw it over the obstruction which it is required to removc.
The prongs sinking perpendicularly in front and rising be-
hind at right angles to the line of descent, will lift the (If
posit to a higher level and more rapid current, for it is a
well known fact that the velocity of a stream is greatest at
the surface, and decreases at the bottom at a ratio in pro-
portion to its depth. In tidal rivers, or those against which
periodical winds blow, the meeting of the waters occasions
at such places a temporary stillness, during which mucli
mud is deposited; salt water also mixing with the fresh,
causes a still more rapid' deposit. The proper time in nearly
all cases to use the machine will be when the tide is falling
or the current bearing outward.—N.• B. Alvil.
Th© cholera still lingers at Anibroath,

CHARGE OF SHEEP STEALING.—WiIIiam
keeper of a beer-house in Blake-street, was
stealing four sheep, the property of Mr. Johns°ll
butcher, Prescot-street. The complainant had,
afternoon, about four o'clock, 15 sheep put in a
top of Hall-lane. About seven o'clock he,
other persons, from information he had r,
the field, where he found a shandry, and four of
knocked on the head, quite dead. One of the
stated he saw ,a person like the prisoner, in the
A
could not swear to him. The shandry in the fie'"
to the accused.
Mr. Hughes, on behalf of the accused, called
who proved that he was at home all the evening,
the, shandry was taken' from his door by a Pas'
Morton,'who had been out with the shandry that
The prisoner was discharged upon his promising
at any future time, if required.
lss
SHIP DESERTION.—Thonias Carruthers, gc3ll
charged with having deserted his ship at Sunderlf
admitted the fact of having 'left the vessel, but'
he feared his life was in danger, in consequence
of
which arose between him and some other men there.o
The Captain expressed his belief that there was
dation for such a fear.
The man was sentenced to be imprisoned for fallr
and kept to hard labour. A ,
THE LATE PRIZE FIGHT NEAR lavErtpoo-• 004
named Joseph Clarke, generally known by tht00,1.5
"hobby Clarke," was placed in the dock, hatl.".atero#
dered himself to take his trial at the assizes, asl
one of the seconds in the prize fight, which te° joYeli
the 12th of November, near Liverpool; between
tot,
and Gill, which ended in the death of the latter. roecti,3o
Mr. Walters, who appeared as public ly r.tis
briefly mentioned the fact of the fight having 7.pel.
and the death of Gill shortly after in 1;1,c1 ef,r-hoso
inquest was held un the body, and a veners, aping
slaughter returned against Donnelly and
names were then unknown to the jurors., r6c,e2Thed
the prisoner came into his (Mr. Walter's) ap
rendered himself as one of the second 9. this trial
the bench to send tho prisoner 4,117 in
assizes, along with Donnelly', w
goal.
John Patrick, °was
a .detective officer, deposed
prisoner came into the police-office about nt vo
the morning,..seePhie heard they were looking` Ile
and wished to surrender himself. He stated tba 001"
been a second to Donnelly, and added that Gill Tis
received some injuries subsequently to the figll,4
him eat and drink after it.
Tile Court asked if the prisoner wished to
thing ?
Prisoner: I have only got this to say— 051$11
Mr. Campbell, solicitor : I advise you not t° 0!
thing. to
Mr. Walters said the prisoner appeared to, prey
something, arid it was an unusual proceeding
him. secose
Prisoner : I have only got this to say, that I vas el tO
Donnelly, and it was a very fair stand-up fight. ,m v"a of
for Donnelly as a loser, -three times before the 41f
fight.
. The depositions were then taken, and the a
ordered to be admitted to bail, himself in £5O,
sureties in £25 each, to take his trial at, the assizes'
1 tl
,1, is
MA_NCHE STER. e
asf
n 11 )11
STEALTH° A MECHANIC'S TOOLS.—At the city rC:
Manchester, a boy about 14 years of age, char:roll:1 tyre
ing, on Saturday, stolen some mechanics' tools fro 00,
raises of Mr. Sykes, machine-maker, Hulme.
the boy is Samuel Johnson; and it appeared from. fox
made by the magistrates of the boy's father, that lieof
of weak intellect, and had frequently been the caushis o
ble to him. He had done all he possibly could for beidp
but the medical men had given him no hope of
stored to full possession of his senses for some 'tirn4
would some time since have sent him to the asylure 0,3"
wick, but found the expense greater than his cit.° pt`
would afford.
e
The magistrates felt it their duty to commit the Piery
ro;
to the sessions, but told the father, who seems a res'af
man, residing in York-street, Hulme, that proper ti
and other charge would be kept over him. mocVei
DESERTION OF A WIFE AND CHILD.—At the
city police-court, yesterday, a packing-case nias-eiliiy
Joseph Pritchard, was charged with having desert
and children, and left them chargeable to the parls,cciAol
family of the prisoner, it appeared, had been seven ti/
the workhouse, during which time he had not bee .0
them. obi
Pritchard said he had been out of work, and tbat it
wife's fault he did not live with her • 1°
Mr. Maude told the absconding. husband that it I
own fault if he was not in employment. t the
Mr. Brounsmith, of the workhouse, stated tb.,3,lree.„ipl
fendant had twice before deserted his wife and all" VI
The wife stated that her guilty husband had been
another woman.
To be imprisoned and kept to hard labour for 21 00
tel° 10'
Finn IN MANCHESTER.—ShortIy before nine .dc'eocl
Sunday night, Mr. Platt, landlord of the Bull's P•reeVbsi:
was walking; down Corporation-street, when he Pc, a goo,
strong smell of fire. He looked round, and saiori, „ico
mering light in a warehouse fronting Hodson-scl oceNt,
the back of which comes into Corporation-street' try
by -Messrs. Render and Milner, commission a..fico relllo4
Platt at once sent one of his domestics with tu.o, toe
information to the Town-hall officer, and infortna PS
been conveyed to Mr. Rose, superintendent oft,.. ail to
brigade, of what had occurred, they turned et_Lo,lict;
arriving at the spot, found that the flames were erevieliciot
the first floor. Instantly after the arrival of the %boo ite
jet was attached to a high-pressure main, and al,lOO tb..e
supply of water was procured, which was'directen...ed vix
with the greatest effect, the great point to be galtuct. too
the extinction of the fire without injury by wo3ceinellf id
goods on the premises. So rapid were the in yIV
the brigade, that within about twenty minahorn 1114
discovery all danger from the fire was over, ands f e,
wards was completely extinguished. The origin hint
is unknown. The damage is estimated at severaoce
of ounds but that is amply covered by insp.Tr. cloy'
Alliance-office. The damage done to the b Lula' " op?
exceed 10/. rt of Loop?
PORT OF LONDON.—The arrivals to the po The_side,
last week were 248 ships, but of large tonnageery c 0,5,
vals of fruit for the Christmas, sales "
was .knish uY
rable, but the importations of grain
quarto
ere 0045
total quantity reported being 28,030 have
12,074 quarters of wheat. In addition, t
80 bags,ks! ;61
4 8
barrels and '2,016 bags of flour ; and 3 779 C3',161'10
Of sugar there were reorted 3,240 bha,.s f_sks aII din
cases, and 41,357 bags; of coffee, 1,320_'i1.2 bald to,
arters, IP-iMce,
bags ;
ballast, Ole 'to
being
andegtx
in
-
the previous week. Of these 23 werc,
numberoutwardsofoftevae,s4sell,39Bo6leparaelages; and
lovfashcf3sB,
,bither b
as above stated, for the Australian colonies, ro sue
ofer
ports during the week have not been large'call for particular notice. y
Proinxtefodrdan-sdtrPeeutb,lisaht Published
Establishment, 19, South John-street, ,tion
7'
WEDNESDAY, DECEMBER
yG ZIT LASn tli ,L_Lje o Vs.

\ °, Jones, Falmouth
. 174, M'Bride, J W Fairclough,

titth RING'S.
'4oboo, O'Donough, Inverness
Inverness
, Campbell London
144.1 °'
4/naL
'23hnst D
Joevon'
on, Limerick

lea'' %ilt THE MONTH-
, HIGH 'WATER.
illorn. Even. Ht.
hit Y
....Decc 3 59.. 4 32..13 10
'• • Lrec 8.. 5 7 545 13 2
..."
Dcc 9.. 6 20.. 6 51..11 I 0
• • Dec 10.. 7 23.. 7 55..12 2
••• Dee 11.. 8 24.. 8 50..13 0
y '' .... Dec 12.. 9 13.. 9 34..13 9
a. ' 13. • 9 52..10 14..14 7
be ,
.....
Dec Dec
11
54: : 1 1014
32..101
4. 247..3155 6
..:::••••tec 16..11 40..11 56..15 9
•
.."• •• D: 0 32..0 12..15 9
5 11
• ..... Decl9.. 1 8.. 1 26...15 5
,• •.
Dec 20.. 1 46.. 2 6..14 11
•• Dec 21.. 2 27.. 2 47..14 5
61 ... ..
..
....... 22.. 3 11.. 3 34..13 10
dr, 4
59.. .
33..13 04
..... Dec 25.. 6 8.. 6 39.. 12 6
..... Dec 26 . 7 11.. 7 44..13 2
1146.... 98 4339:: 48
."•• • Dec 29 .10 8..10 34..16 10
..'••• • . Dec 30..11 0..11 28..18 3'
10 "••• Dec 31.. 11 52.. --..18 11
kIA.L SHIP NEWS.
‘4l-3TERPOOL.
Dec. 6.
No communication for fog.
\\<„,....lLiierpool—S.S.E., light.
Arrived.
11%.
kj", Quebec
the River Inward
Bound.
tee_ .ang, Boston
liZirse, 7g, Williams, Sleight &
Ge7lo ort
'rude, 53, Jones, J R Owen,
086 Long, A Johns, Cardiff
-878 e, Knowles, St. John's, N.B
11 A
-.art/31'ED IN DOCK.
111:\BIRKENHEAD.
1
Zellien, D E Gauwin. Ostend
41141USKISSON.
' 'l6l, Hunter, Newport
lit STANLEY.
44 fl
It, ' Griffiths, Runcorn
_IVATERLOO.
Ig ,599 . Jones. Newport
//9-1.,'14a4es Fo. wey
)gartzho'rn, put back •
A 4,
GEORGE'S.
14,40180 n, Ironside & Co, Sines
W 'hallo, Larache

IS4 CANNING DOCK.
IS ;63. Higins Carron & Co, Leith
i 4 462, Easgaale; J Faixclough,
11416193. McLaren, McArthur & Co,