The Northern Daily Times.
Liverpool, Merseyside, England, 1853-11-07 00:00:00

INCUMBERED ESTATES COURT

Some interesting particulars relative to this tri-
bunal have lately been published, by Mr. John
Locke, whose essay on Ireland, read at the last
meeting of the British Association, attracted so
much attention. Amongst other statistical matters
detailed in it, we find that, from the establishment
of the Court, in October, 1849, up to July last,
2,878 petitions were presented, which have already
had results in 2,109 orders for sale, and 3,523
conveyances. The number of acres sold was over
a million and a half, having a rental of nearly
800,0001. a year, and bringing a total of purchase
money to the extent of ten millions and a half—
that is, an average of above thirteen years pur-
chase. Of this ten millions and a half, six millions
and a half have been distributed amongst the
vendors; something over a million was allowed to
purchasers, on foot of incumbrances vested in
them ; and the remainder awaits distribution,
being in the meanwhile vested, in stock and con-
sols. The total number of purchasers was 4,123,
of which only 181 were English and Scotch, sup-
plying 1,800,0001. of purchase money. This gives
a tolerably fair idea of the work done by the Court,
but its relative expedition may be better known
by a partial comparison with the Court of Chancery,
with which Mr. Locke furnishes us, and which
states that, of 974 estates brought to the hammer
by the Incumbered Estates Commissioners, 9 had
been the subject of a fifty years Chancery suit ;
27 had been in that Court over 40 years; 51, over
30 years ; 135, over 30 years ; and the remainder
for periods from that downwards to five years.
The annual expense to the country, of all this, in-
cluding salaries of commissioners, masters, exami.
ners, clerks,. Sze., is 12,5301. • - '

BIRCH AGAINST GRAY.—It may be recollectedthat
this was the title of a case which was tried at the
last, Naas Assizes, and resulted in a verdict for the
defendant. It was an action for libel against the
proprietor of the Freeman's Journal, the alleged
libel being contained in an article referring to the
plaintiff, who was " somewhat celebrated as the
cmpluye or Lora uiarenaon In '46, for the purpose
Of writing up the cause of " law and order in the
World newspaper. Mr. Birch, who is rather of a

litigious disposition, and has been in gaol already
for extortion and libel, was rather ignominiously
defeated at Naas, the jury with very little hesita-
tion judging for the defendant on all the counts.
However, a motion for a new trial was brought on
by him in the Court of Exchequer yesterday, and
having been postponed till to-day, was argued by
Mr Hayes, Q.C. The issue has been, that the
judges granted 1:1, ooraitional nrylor, nn +ha orniirtti
of " surprise," and that the verdict was against the
weight of evidence.

KELLY AGAINST BIRCH;—In this case 'a gentle-
man named Birch is also concerned, but not, as
far as T am aware, in any way connected (except
perhaps sympathetically) with the plaintiff in -the
other case. The plaintiff is the very wealthy Mrs.
Kelly, whose name was so lately before the public
in the extraordinary conspiracy case at the head
police office. The facts in the present instance are
rather interesting, and involve a charge of em
bezzlement, to th amount of some £54,000. Mr.
Birch was Mrs. Kelly's agent, and, it is stated,
bolted with the money in question- He was
pursued, and arrested in France, and having been
brought back, was sent for trial to the commis-
sioner, but succeeded in removing the case by
certiorari to the Queen's Bench, where it is ex-
pected to come on during.the after sittings of the
present term. Meanwhile Birch is in goal, and
about £24,000 of the money said to be embezzled
has been impounded, having been found vested in
Stock and other speculations, in various names
Mr. Birch being also accused of having persona-
ted the several parties to whom those names were
supposed. to belong. The same transfer was
executed as a " blind" and was effected
with great ingenuity. It is also reported that
the prosecutrix is anxious for a compromise'
on condition of receiving some £30,000
of her money back. Against this Mr
Birch holds out, relying as a defence on the repre-
sentation, that he invested the cash by Mrs. Kelly's
order. Lest by any chance he might secure an
acquittal on this ground, a detainer of the Court of
Chancery has been laid on him. To day a motion
was to'have come on in that court, with, I believe,
the intent on the part of Birch, to set aside the de-
tainer, A postponement, however, took place, and
it is not improbable the affair may be settled in the
interim. But should the case come in extenso, be-
fore the Lord Chancellor, such is the extraordinary
nature of the circumstances that will be opened to
him, it is not thought improbable he may take the
whole case out of Mrs. Kelly's hands, and order
the Attorney-General to prosecute.

SUICIDE Yesterday Dr. Ball of Cork, hung himself
whilst insane.

RAILWAY ACCIDENT. —On Thursday, an accident hap-
pened on ,the 'Ulster railway, at the Dunmurry station, by
which a passenger, a poor woman, had her leg injured. The
accident arose from a waggon moving from the station by
its own momentum, and coming in contact with the train
that was just moving off, by which this waggon was thrown
off the line, and displaced several of the carriages. Some
of the passengsrs became alarmed, and jumped out, and
among them the woman that was injured.
Nova", SWINDLING.—At the Commissioners' Court yes-
terday, a man named John Wilson pleaded guilty to some
ingenious swindling transactions with which he was charged.
The Chief Baron, in pronouncing sentence upon him, ex-
plained the nature of the transactions. The prisoner had
forged a number of letters, and on information which he
collected by some means directed those letters to several poor
persons, and alleging that they were from friends in distant
colonies and had been intrusted to himfor delivery. demanded
2s. custom-house duty on each of them. He represented
himself as a sailor belonging to the Ocean Queen. A
policeman named Quin, on whom he attempted to commit
one of these frauds, arrested him, and found upon his
person seven letters of a similar kind to that which he was
attempting to pass upon him, along with a document pur-
porting to be a certificate from a master of a ship, a justice
of the peace, and some others, that he was one of the few
persons saved from the wreck of the Ocean Queen. The
letters which were found upon him were ingeniously circum-
stantial, but were in many particulars copies. The court
sentenced him to be imprisoned for four months for each of
the three offences with which he was charged, and to be
kept to hard labour. His lordship regarded those imposi-
tions upon poor people, as very heinous offences,mnd only
regretted that the court could not qrr ti nce the prisoner to
four monthsmore for each of the seven letters found upon
him,

FATAL ACCIDENT.—Lady Langford was drowned yesterday
whilst bathing atatalbliggluii- - •

QUARANTINE REGULATIONS.
BRITISH CONSULATE, CADIZ, 26TH OCT., 1853.
SIR-I regret to have to acquaint you that the
Board of Health of this city, has just imposed a
Quarantine of observation of eight days in this
harbour, on vessels that may arrive from Gibraltar.
Vessels from ports infected with cholera, that may
have been admitted to pratique at Gibraltar, and
may afterwards come here, will be compelled to
proceed to Maton or Vigo and perform Quarantine.
Vessels that may arrive from Lisbon, or the ports
of Portagal, will be subject to a Quarantine of ob-
servation in this harbour of fifteen days, deducting
the time employed on the voyage. Thus a steamer
that may arrive here in two days from Lis-
bon, will be subject to thirteen days of Quarantine
in this harbour. These absurd and restrictive
measures will I trust, be of short duration.
I am, Sir, your most obedient servant,
WM. BRACKENBURY.
Thomas Court, Esq., Secretary to the
Underwriters, Liverpool.

CONSPIRACY TO DEFRAUD THE COI
PORATION OF LIVERPOOL OUT OI
THE SUM CF £1737.

On Saturday, Joseph Rosson and William Clarke, the
former the contractor for bricks, and the latter the clerk of
works, at the new borough gaol, at Walton, were again
brought before the magistrates, (Messrs. Benn and Booth),
charged with conspiring to defraud the Corporation of Liver-
pool of a sum of £1737 by means of false returns as to the
number of bricks supplied for the new borough gaol at Wal-
ton. Thomas Kitchen and Samuel Ingram, two brick-
makers, who worked for the defendant Rosson, were called
to prove the number of bricks which they had made during
the summer, also the number of stools at work in the field.
From their evidence it would appear impossible that the
number charged could have been made. Mr. Archibald
Tweedie, clerk in the treasurer's office, proved from the
books put in, that the number of bricks charged for and not
delivered, was 1,196,580, or, including the ninth stool
charged for, but which had not been worked, 1,643,445
bricks for which there had been paid £1738.
Laurence Kehoe, inspector of the detective police, deposed
to having apprehended both the prisoners. He apprehended
Clarke at Oswestry, who was in drink at the time. Next
morning he told him the charge was conspiring with Rosson
to defraud the corporation, by returning nearly two millions
of bricks which were never made, and that for so doing, he
was to receive £l5O. Clarke said he knew nothing about
the bricks ; he depended upon Harper's returns, and ad-
mitted there was gross negligence on his part. He admitted
also that he had receiVed £5 and £lO notes on several occa-
sions from Rosson to pay off his debts, and for which he save
him 1. 0. U's.. He then added, "as it has come to this it
will go further ; it will go to the heads," or something to
that effect. He (Kehoe) had made diligent search for Har-
per,..but could not find him:

- Mr. Simon, in reference to io the absence of this important
witness, said he had been put out of the way, and that a sum
of £lOO had been offered to a witness named Daniels and
two others, to go out of the way for ten weeks. This offer
had been made by the foreman of Mr. Rosson. At the con-
clusion of the evidence both prisoners were committed for
trial at the assizes ; but it was intimated that bail would be
taken for their appearance to the following amounts :
Rosson himself in £lOOO, and two sureties in £5OO each ;
Clarke himself in £5OO, and two sureties in £250 each.

JENNY LIND AND HER HUSBAND.
The Philadelphia Inquirer contains the following letter
from the Rev. Samuel H., relating to Jenny Lind and her
husband, and addressed " To the American Public" :
" The late Jenny M. Lind, now Madam Otto Gold-
schmidt, resident at Dresden, as a sweet singer, has made
herself of pleasant and precious memory to tens f thousands
of our countrymen, and to millions in the whole world.
Hence every fact that may illustrate properly her history, is
interesting to the public, and every circulated novelty or
change respecting her, affects all who know of it. A cer-
tain worthy and respected lady, a member of the church of
my pastoral care, being well acquained with her, and having,
since her return from America, continuously corresponded
with her, has, with several others, desired this publication,
in the following circumstances:-
-In a late affectionate letter received from Madame G—
which has been shown me, and which is now before me, the
facts are all stated in genuine style, which perfectly demon-
strates the authenticity of the present statement. A sense of
justice and propriety has induced me to yield to' he request,
and to give the matter to the public over my own signature,
'as lam fully persuaded of their truth. Her feelings have
been deeply wounded by the story that her husband is un-
kind to her, inconsiderate, reckless, even cruel. Not to
examine such-reports, it is enough for me to say, that her-
self being witness and judge, they are all totally false ; that
envy and malice, or foolish loquacity coupled with ignorance,
invented th-ern all ; that, nothing but the diametrical reverse
is true of her "dear Otto;" that no woman in the world has
more reason to be grateful to God for her husband, and that
no man in the world could be a more anti p.mploto
pattern of conjugal tenderness, consideration, and affection.
This is but a brief epitome of what, with full heart, she
writes to her friend aforesaid. She writes indeed plainly,
wihtout reserve, and without affectation ; but not without
sensibility, at once stung and virtuously indignant.
It is very certain that the American people have no inte-
rest or wish to dissent from her own most credible and con-
clusive statement. Her friends here all unite with her, in
the strong desire to have the calumny discredited and cor-
rected. Certain it is, also, that any person in public life,
however pure and faultless, is all too liable to have miscon-
ceptions, and detractions, and aching wounds, to 0n0...4,er
and to bear,_ as the_nonot7 a-pvpular greatness. To every
generous mind it must .occasion grief to know of such an
infliction, and joy only to find it both without foundation
and without continuance.

If there any is thing of the class, worse than the facility
with which evil sports both gain a being, and grow by
going in this naughty world, it is the difficulty, often the
positive despair, of their correction. Still, some of us hope
that, in the rare case of this universal favorite, this night-
ingale of the two hemispheres, it may be only necessary to
publish the truth, authenticated .from her own pen, to des-
troy the illusion and arrest the mischief; albeit, after its
severity has often wounded the gentle bosom, that now re-
joices, and should have no such pang to countervail her joy,
as the accomplished mother of a lovely and beautiful infant
justly crowning the happy communion of its parents, in thei
own peaceful and private home."

THE MURDER AT BURNHAM ABBEY FARM.)
The coroner's inquest on the remains of Mary Ann Stur-
geon was resumed at ten o'clock on Wednesday. morning.
A broken pocker was produced, and identified by a char-
woman named Staymaket as having been whole when it was
taken from- Mr. Godwin's bedroom to the bedroom where
the body of the disceased was found, on the afternoon of
Tuegday.

Mr..lLdph Willis Godwin, the occupier of the farm, was
recalled, and in answer to the question from the coroner as
to whether he observed anything unusual in the conduct of
Hatto, the groom, on Tuesday night, witness said he did.
Before witness had discovered the murder, and before he
had been upstairs, Hatto ask him whether he had seen any-
thing wrong ? Witness replied that he bad not. Hatto also
came into the kitchen more than once, before he had time
to :dress his horse, and maed a humming noise, contrary to
his usual custum.

[Mr. Superintendent Symington, of the Bucks constabu-
lary, here informed the Coroner that circumstances had been
discovered that cast suspicion upon Hatto, the groom, and
that he was then in custody. The announcement created a
deep sensation.]

1)r. Roberts, of Burnham, gave a description of the inju-
ries inflicted upon deceased. An internal examination of
the body proved that deceased was not enceinte. As to
whether recent vinipnee had }wan often:a tho (Leo/140, it wcbc,
impOssible to say, from the circumstance of the lower part
of the body being so injured by the fire. Witness was of
opinion that death had been occasioned by the injuries in-
flicted by blows on the head, which brought on concussion
of the brain ; and death ensued before the commencement
of the burning of the body.

Jane Mince, the wife 91 the farm bailiff, deposed that, on
the night of Tuesday, deceased was in witness's cottage at
about eight o'clock; she brought a piece of sticking plaister
to put on witness's bad finger, after which deceased said
I must go into the house and get the boy's supper out."
Deceased added, that when she had done so she should go up
stairs, and sit in her room, as the boy's (Hatto's) conversa-
tion was so " indifferent" that she could not sit with him,
neither should she. Deceased told witness, on Tuesday
night, that she and Hatto had words together. Witness
did not understand deceased to mean that words had passed
between them that night.
In answer to questions from the coroner, Mr. Godwin said
that Hatto was a civil and obliging servant, and had borne,
up to the present time, a good character.
William Coker, a boy in the service of Mr. Goodwin, de-
posed that he slept with Hatto on the night after the murder.
Hatto said he hoped he should have a pleasanter night than
he had the night before ; he jumped about in the bed very
much, and appeared very uneasy.

Haito was here introduced, and asked to sign the evidence
given by him on Wednesday. The prisoner, who appeared
perfectly unmoved, is of middle size, and about 30 years
of age.
.

Police-superintendant Symington produced a pair of
tronsers which Hatto wore on Tuesday last ; there were
marks of blood on them. and the blood had Men pronounced
to be human blood. He deposed that he had observed
marks of blood at the bottom of Hatto's bed; the marks
appeared to be partially obliterated, and the blood was of
loner standing than, this morning. Witness also produced
a jacket on which were marks of blood ; but it was ex-
r)lained that Hatto had‘been employed to remove the body,
and that the blood might have been communicated to the
garments by that means.

Cleare (the foreman) said it was a suspicious circum-
stanbe that Hatto should have fallen into a pool of water in
the yard, when looking round on Tuesday night, and so in-
duced the necessity for washing. his clothes. They had been
partly,washed and were hanging to dry in Mr. Goodwin's
kitchen, on the. Wednesday raormng: • -

POLICE COURT.----SATURDAY.

LIVERPOOL

John Fisk, for plying for hire, at the Pierhead, and not
having obtained a licence, was fined 2s. 6d. and costs.
Thomas Jordan, for the same offence, at the same time,
and at the same place, was fined 2s. 6d. and costs.
SMUGGLING.— Edward Boss, a German, was charged
with smuggling ten ounces of Cavendish tobacco, and two and
a-half pounds of Dutch cut. A custom-house officer stopped
the prisoner, and found ten ounces of Cavendish tobacco,
and two and a-half . pounds of Dutch cut, after he had
denied having any in his possession. The prisoner then
struck the officer and ran away. He was pursued and
stopped in Chapel-street, where a scuffle ensued, and the
custom-house officer lost half the tobacco. The :prisoner
was ultimately taken into custody. A fine of 20s. and
costs was inflicted, or fourteen days imprisonment in default
of payment.

COMMITMENTS.— William Hunter was committed for trial
at the sessions, on a charge of stealing two large lumps
of butter, (about a quarter of a cwt. weight,) from the shop
of Mrs. Davis, Great Oxford-street, on Friday night.
Officer 85, heard that a quantity of butter had been found
concealed in a yard in front Portland-street. The officer
concealed himself in the yard, and in some time after saw
the prisoner on the wall. The latter said, "Whist, I'll
hand it over to you." Just then, there was a noise in the
house, and prisoner jumped off the wall, when the officer
ran round and apprehended him. A girl had seen the
prisoner with another boy in Oxford-street, with two
parcels, on the same night. Mrs. Davis fully identified the
butter as her property.

AN ADROIT TRlEF.—Elizabeth Costelloe was charged
with being the person who, on Friday fortnight, at about
nine o'clock, stole from Christopher Palson, of Low Hill, in
Frazer-street, a sum of eight sovereigns, and ten shillings
and sixpence in silver. He had occasion, on that night, to
go into an entry in Frazer street, where the prisoner
followed him.' He desired her to go away, but she put her
hands about his pockets, and he feeling, to see if his purse
was all right, found it in his pocket, but the money which
it contained, was gone. He seized prisoner but she got
away. The officer who apprehended her said, that the
prisoner and a paramour of her's, had been, ever since, in
Dublin.. The magistrates said, that prisoner must be an
adept to take out the purse, empty it, and return it to the
prosecutor's pocket without his knowledge. As it was
positively sworn, that this was the woman who took the
money, and that the prosecutor had it when he encountered
her first, they would send her to gaol for three months.
A WRETCHED MOTHER.—Michael Kelly, a very small,
wretched-looking boy, was taken into custody on Thursday,
in Love-lane, with a quantity of clean cotton on his head in
a bundle. A woman, named Honor Kelly, was brought
forward, on Friday, as a witness; she was seen walking
behind the boy at the time, but she denied all knowledge of
him, except that she lived in the house with him. On
Saturday, both were put forward as prisoners, when it was
stated, that on enquiry, it was found that they were mother
and son. The woman was committed for three months,
whilst the wretched child was remanded, in order that an
endeavour might be made to get him into an industrial
school.

REMANDS.—Lawrence Egan was remanded, charged with
stealing an account-book from the till of Mrs. Simpson, of
Mill-street.

Eliza Tohnson a nice looking child of about ten years,
was remanded Charged with having pawned a gown which
was stolen from Joseph Cummins, of Great Homer-street.
A STEWARDESS IN TROUBLE.—Mary Ann Morgan, a
respectable-looking female, was char,,cred by. Jane Yates with
picking her pocket in the shop of Mr. Jones, in Byrom-
street. The prosocutor swore she felt prisoner's hand in her
pocket, and when she siezed it she found threepence in it,
the exact sum she had lost. The prisoner denied this, and
stated she was stewardess of a vessel just returned from
America.. The magistrates ordered the case to stand over
the
an hour ; and on inquiry being made, it turned out that
h prisoner's statement was perfectly correct, and she was
discharged.

MEMBERS OF THE SWELL MOE --Three stylish dressed
Tudor, were charged with attempting to pick pockets in
persons named John Harris. Ann ' -
_Davies, and William
emal seemed to be
acting as a decoy, and the maleprisoners totllowed her at
Church-street, on Friday night. The
some distance. At length she succeeded in get
old gentleman, and then the officers apprehendedn
thelowholel d of an
party. The magistrate said that although the officers had
s
done perfectly right in arresting the prisoners, as they
were
suspicious characters, yet it was only a case of suspicion
and they must be therefore discharged. Mr. Clough said
that it was reported to him
,that the town waa at present
infested with such characters ; he had therefore determined
to send out detectives each night to apprehend every one
of them who were on the streets and known to the police.