The Northern Daily Times.
Liverpool, Merseyside, England, 1856-03-27 00:00:00

WEST DERBY UNION

Yesterday, the guardians of this board held their usual
weekly meeting in the board-room of the Workhouse, Mill-
lane,.-Everton.--Mr, J. Harrison, in the absence of the
chairman, presided; the other guardians present were—
Messrs. Siddeley, Pickup, Mountfield, Pitts, Wensley,
Whitby, Bulshaw, Roberts, Birch, Lunt, Edwards, and

Shaw.

The Clerk read the minutes of the last meeting, and also
reported that there was £1,343 7s. 4d. in the hands Of the
; and that he had inspected all the books kept by
the several officers connected with the union, and found
them correct:

The Master of the Workhouse reported that there were,
last week, 726 paupers in the house, since when 42 had
been admitted and 45 discharged,') born, and 4 deaths;
this 'week 720, and for the corresponding week of last year
735.

The Master of the Hospital reported that last week there
were 112 patituts in that establishment; since when 9 had
been admitted, 11 discharged, 1 death ; tbis week 109, and
for. the corresponding week of last year 83.
Cheques to the amount of £.226 were voted for the relief
of the out-door -poor within the several districts of the

union.
After some routine business had been disposed of,
The Clerk reed the following letter from the Poor-law
board, relative to the application which had been made to
them to sanction the increase of the salaries of the relieving
officers. .

[fit the time when the motion was made to that 'effect, we
published the details; since which, considerable cerrespona-
encb his taken place on the matter, between the board of
guardians and the Poor-law Board, but the following letter
will definitely settle the subject.]

14th March, 1856

• _
"I am directed by the Poor-law Board„with reference to
your letter of the llth of January last, to state that they have
carefully :considered the reasons which the . guardians have
assigned for proposing to increase the salaries of Messrs. Olney
and Lithgo,_ the relieving officers of the fifth and second
districts. The 'board have Ts:ready 'reluctantly declined to
sanction the increase proposed in the salaries of Messrs. Allen,
Latham, and Barnett, the relieving officers of the first, third,
and fourth district. On' comparing the number of persons
engaged in the administration of relief to the out-door poor in
the -West Derby union, and the expenditure incurred in that
object, with the staff of officers employed,- and the expenditure
incurred in other unions of a similar character, the board felt
that they would not be justified in adopting any other course.
The hoard direct me to call the attention of the guardians to
the following statement, from which it will be seen that the
amount of the salaries, at present paid to the five relieving
officers, their assistant, and, the pay clerk, greatly exceed the
amount of the salaries paid to 'the officers engaged in relieving
the out-door poor iu other extensive unions in Lancashire 'and
Yorkshire ; Amount of Average No.
Names of No of salaries to of weekly
unions, officers officers: paupers.
'West Derby.... '7 ' £BOO .4,073
Huddersfield...-. . 4 450. 3,611
Halifax ... 4. .... 400 ~. 3,464
801t0n... . .... - . . HO..-. • 3,945
Bradford 4 ......... 480
Sheffield 3 340. 3,920
Leeds .
"The Board are intormed that there are but 434 paupers on
the books of Mr. Clay, that 6f these 208 are children, and
140 aged persons, and that his total expenditure in relief is
,under £3O, and that Mr. Lithgo has but 269 paupers, of
whom 124 are children, and 104 aged personi. Under these
'circumstances the Board think that the case of Messrs.
Olney and Lithgo does not in any material-aspect differ from
that of the other relieving officers of the Union, arid therefore
decline to Sanction any increase in the salaries of Messrs.
Olney and Lithgo." The letter concluded by stating that the
Board was willing to instruct their inspector to insitute an
inquiry generally into the present relief arrangements of the
out-door poor of the Union.
The otter was received without any comment.
The usual -.routine business having been disposed of, the
Board adjourned.

POLICE COU r V -1.--ESTERDAY

. (BEFORE MR. G. MAXWELL.)
A BAD SERVANT.—Priscilla Edwards, a servant at Mr.
Cook's, hat warehouse, was chargel.wiih having..stolen a
quantity of wearing apparel, belonging to her mistress, and
also with breaking open a missionary poor box that was i❑
the shop, and stealing ►ive shillings therefrom. The case
was Clearly proved, and the p. isoner was committed for ode
month.

How "THEY"
Charles. Wilson, a youLb
on a holiday excursion, cha

TREATED A HOLIDAY; EXCURSIONIST.-

.man who came from Cumberland,

'ed three fe►nal

named Eliz

Moore, Catherine Jones, and Mary Bowman, with having
robbed Lies at fifteen sovereigns. Tile complainant said he
was "gawking" about the town, spending his holidays,
whcn Miss Moore ffered to show him into same singing
saloon. He accepted the " lady's" invitation, and they had
some drink, and he, feeling tipsy, asked where he could
have a nice, decent, and "highly respectable" lodging, she
at once offered to show the "iaentieal place;" and in fur-
therance of this object she took him to a house in Johnston
street, off.llale-street. He awoke early in the morning, and
found his'clothes orreet, but his money, which consisted
of the aloresaid fifteen sovereigns,;. Was gone. He ,heard
•

•
some noise of money in the kitchen, and he rushed in, when
he found the three prisoners, and he gave them into custody.
On the prisoner Moore there wai klild nearly ten'pounds of
the money, but nothing upon the other prisoners. Moore
was committed for two months, the others were discharged.
Cliunos OF FORGER v.—A man named John Redhead,
who was in the employment of Messrs. Kilpin and Mont-
gomery, was committed' or trial on charges of having forged
certain. documents relating to the return of the time of
certain workmen, who, it would appear, were not employed
at all, and with having recaived and 'retired the wages of
those, alleged, employed persons, and converted same to his
own use. „ .

THE GOLD ROBB Iltr. —John Foster and Martin Smith,
who had been remauded on a charge of having robbed a
foreigner of uowardi of £6OO in sovereigns and other gold,
were brought up by Sullivan, Scott,' and Carlyle; of the
detective force. The details of this c .se were published last
Thursday, and in addition to the evidence already given,
it was stated that the woman who kept the
lodging- house where the complainant, Conrad
Rhor, lodged was sister to the prisoner Foster, and, daughter
to Mrs. Foster, who was in custody, but discharged last
week. Carlyle had discovered " nuggets" and sovereigns
since the last day, to the aaioent of about £l3O, in addition
to the sum of £2OO found by Sullivan. The prisoners
were fully committed for trial at the Sessions.
(BEFORE MIS. MANSFIELD.)
A VIIUGO.—A female, named Mary Anne Renner, was
charged by police officer, No. 767, with being drunk and
disorderly, and was sentenced to seven days' imprisonment.
Oa hearing the decision of the bench, she flung, with great
violence, a piece of hard brown bread at the head of the
officer, saying, " Yi3ll a- thief, I'll suffer.seven years for
yon." The piece of th " staff of life," which she thus
cast at the prosecutor's skull, missed that important organ,
but struck Povey, one' of the detective officers, on the
note, and had-it been a sharp instrument, the chances are
that the, officer would, have been deprived of, at least, a
quarter of an inch of his nasal ornament. The prisoner
was again put forward, and sentenced to one month's
additional hard labour.

The Mauveiliste-de Hamburg has a rumour that after the
closing the Paris 'COfifetetices Turkey will be represented
by a Minister Plenipotentiary at the German. Diet.
The -marriage of Viscount .6ornerton with the Hon.
Miss' Barrington 'is fixed to take place on the 2nd
proximo.'
to fell days ago, at Woolwich; one-of the mortars under
proof, with an ordinary charge, bUrst- with.so
.much force
that 4 portioh of the fragments; at a distance of 800 feet
from, the..Spet, fell through the roof. of the contractor's
(Messrs. Kirk and Parry's) offioe,' fortunately without doing
any further injury. ••
We regret to announce the death of Sir Hyde Parker,
who:died on. the 21st instant, at :the. I.lovernment House,
Devenport,.shortly after his arrival from Lisbon in Her
Majesty's ship St. George. Sir .Hyde.,- who was born in
1784, waSthe.hrother of the late Sir William Parker, whom
he succeeded. in. 1830, and grandson of the Admiral Sir
Hyde Parker, who defeated the' Dutch off the Doggerbank
in 1781 ; and who being shortly 'afterwards appointed' to
command .naval forces in the. gast Indies,. sailed in the
Cato and was never heard of after leaving 'Rio de Janeiro,
wheie he put in for water. The' baronetcyi we believe, is
inherited Colonel Richard • Parker who commands the
Ist Life Guards.

' DISSOLUTIONS OF PARTNFRiIIIF: --W.—Bramley and C.
Whittaker; Accrington, Lanctshire,. moulders. R. B3van,
aud,C7..S...Lemon, Eccleston, Laneaabire; manufacturers of
c'ppteras.. 'G. Brown and U. Parkinson,. Clitheroe, Lanca-
s)aire, tailors. J. Smith and W. Smith,. Halifax, dyers.
jtamsbottom and J. Pickup:, Manchester, woollen ware-
housemen. S. Clare, Joseph Clare, and Jeremiah
Claiei- Ashton-under-Lyne' and: Heywood, Lancashire,
grobers..• J. Auty and IfV: Parkinson, Dewsbury. York-
shire; Yarn .spinners. E. .Roberts and J. Butler,
chemists. • •
tksTzttri COUNTIES RAILWAY.--The Railway Proprie-
tmi' AsseeiatiOn have. appointed an " Eastern Counties
Rail Way Defence Committee,"i consisting of altrnembers of
the committee of theassociation- holding Eastern Counties
steek-,•and are petitioning Parli4ment •against the bills "of
that erinipany, hy which (they sap)
complete indemnity
is given.to the Direcrors for all past deeds, right or wrong,
and power is. vested in ;them to •raise anradditional.
£BOO,OOO on mortgage, without limitation of interest; for
the avowed purpose of lending it 'on Norfolk and Eastern
Union securities; which are .only..marketable at a greater
discount, or of exp,nding it on branch • lines. Powers are
also sought •to saddle the shareholders pith increaS d
liabilities for the Tilbury and Southend lines, and the
dividends on the ord nary stock will be suspended if certain
I branches are not completed in five years." •

THE CHARGE AGAINST AN OFFICIAL OF
THE LONDON AND NORTH WESTERN
,RAILWAY. , - . . .

Yesterday, shortly after twelve o'clock, William
..-
Par-
sonage late of the London and North Western Railway
Company, was brought' up before ' Mr. Mansfield on
remand, on a charge of having obtained money under false
pretences, and also of forgery. The court - was crowded
to inconvenience in every part., and it was with consider-
able difficulty that the gentlemen connected with the press
could procure places, although they have regular boxes
aptiropriated for their special use.. Mr. Blenkinsop con-

ducted the prosecution, and Mr. Bretherton appeared for
the prisoner.
Mr. Blenkinsop said he would produce evidence to
sustain two cases against the prisoner, and then would
again ask for a remand to a future day.

Mr. James Henry Butler was then sworn, and said: I
am a merchant in Liverpool. In February, 1854, I ordered
.a pair of globes frinn Mr. Wylde,• in London. They were
sent down by the North Western Railway, but not deli-
vered to me, as they were damaged on the way. I did
not take possession of them, but threw them on Mr.
Wylde's hands, and claimed from the London and North
Western Company, I think at Mr. 'Wyldes reques't,' for
the amount of the invoice 121 18s, and 5s 6d carriage of
them. I did not prosecute the claim, because Mr. Wylde
wrote that he had settled with the company, and - Would'
send another pair of globes instead. I did not receive
any money from the company._ In 1854 1 had no person
named Winter in my service. I never had any one of
that name in my-employment. - There is no other J. B.
Butler in Liverpool except myself. I never received any
money for, the claim. _

Mr: tiretherton said that what took place between the
witness and Mr• Wylde could not be:evidence, nor taken
down in the depositions. He knew it was merely
introductory.

IVi c. Blenkinsop said it was introductory, and would be
received as such; of course it was not taken down as

In reply to Mr. Bretherton, the witness said the whole of
his claim consisted of a letter he wrote in reference to the
affair. He did not know any one else of his name in
Liverpool, but amongst half a million of people it was
possible there might be some one of the same name.

- Mr. William Henry Horne said :—I belong to the firm
of Chaplain and Horne of London, who are agents of the
London. and North Western Railway Company. In June
1854, I remember settling a claim with Mr. Wylde in Lon-
don, in respect of a pair of globes that had been damaged.
lam aware they were sent to Liverpool. I settled with
Mr. Wylde; and paid 5/ to Mr. Wylde's clerk in Leibester-
square. To the best of my belief this is the receipt I got
for it.

To Mr. Blenkinsop—A claim came in writing but I
have hot got it ; I waited on Mr. Wylde. I make reports
first and get authority for payments afterwards. I have
not; got the authority here. I did not correspond with
any one in Liverpool on the subject; and I am not aware
of any second claim. To the best of my belief the receipt
now produced is that which I got. The simple fact is I
paid 5/ for globes damaged in transitu to Liverpool.
. Mr. Wiilfam Smith Fricker examined : t am chief
clerk at the Waterloo station in Liverpool ; the prisoner
was a clerk in the Company's service ; his duty was to
investigate and settle claims in reference to damaged goods
On the railway; R. Salter.was the cashier at the station; he
has run away. I saw him on Thursday for the last, time.
I know the prisoner's
.hand-writing. This (a book) is
called the payment. book—a book of account between the
prisoner and Salter the cashier. it was kept partially by
the prisoner and also by the cashier. When a claim was
Made for damage, it was the prisoner's duty to investigate
it, and to hand in a voucher. That.would be sent to Lon-
den monthly to the audit committee, and if the company
order: d to pay it, the prisoner would hand in_the voucher
to the cashier, the prisoner would then get the money from
the cashier to settle the claims in. his department. This
(a paper) part of the writing in red ink, is in the prisoner's
hand writing.

Mr. Brettrerton objected to the admission of this docu-
ment, as there was no evidence as to when it was made.
Mr. Blenkinsop said the memorandum was a certificate
of the damage done, written upon Butler's claim, and
written in the prisoner's hand writing.
After a short discussion the document was admitted by
his worship, as evidence.

The witness went on to say, that the document was
such as the prisoner used to nand in for claims certified
by him. There was a book kept by Thomas Salter,
brother-of the cashier, for a list of claims Made on the
company for each month. The claim of Mr. Butler was
sent to London on the 14th March, 1854. This (a book)
is in the hand writing of prisoner, and an item at the top of
this page is a February voucher for 121 18s. This (the
origin*, claim) would be a February voucher. The
prisoner takes credit for 121 18s, as entered in the book.
He credits himself as having paid it. There is no other
claim at all for that amount against the .company for
January, February, or March. In this receipt, the words
in the body, " twelve and eighteen," are in the prisoner's
handwriting. (The receipt was handed in as evidence.)
Tae witness added, that the entries on the right side of
the book, are the sums paid by the cashier to the prisoner.
The entries are initialed by the prisoner, except some—
one has referente to a claim of 3/ 14s 91.. The witness
(in reply
_to Mr. Bretherton) said Mr. Salter was the
cashier, and all cash transactions went through his hands.
The prisoner had to act under Mr. Salter, and all claims
should come 'wider hie supervision. I can't say if this
claim came before Salter, nor whether the prisoner made
any report on claims byhis own authority. I nowgot the cash
book from Mr. Blenkittsop. It belongs to the company., I
b.iive not written in it to. illy recollection ; the figures at the-
bottom of the page, where, the entry.- of 'the £l2 18s is
made, are in Mr. halter's writin ; there are vouchers for
disbursements as well as claims, I cannot say (looking at
the book, and the £l2 18s.) that it refers to the globes. The
prism. er had not money at command to pay vouchers. There
are five . • vouchers on this side of the pay book
not wri,ten or initiated by the prisoner. 1 am not
aware that other parties paid accounts for claims. I cannot
cay >ti Nether Mr. Salter paid claims. The book was geur,-
rally kept iu Salter's Mace, and others could have ac.:ess
to it, Mr. Poole's signature is to the claim, and that would
be put atter the. prisoner's. The witness was examined,
cross-examined, and.kre-examined, at considerable length,
in reference to matters of detail of entries in the book called
the pay book. .
Thomas Salter examined.-- I am employed at the Waterloo
station, and was assistant to the cashier (my brother.) It
was part of my duty to Make out the claims against
the company monthly. I copied this book from claims and
bills. Tnis is a document such as I made the copy from It
is a claim by Mr. Butler, certified by the prisoner. I com-
pared the claim and the entry in the book, and made the
entry from the document. •

Cioss-ex +mined by Mr Bretherton : My brother did not
give me a list to copy from, but gave me the document to
copy from. The document is now in the same state as
when I made the entry from it. Mr. Poole's signature was
on it then. I never saw my brother sign for Mr. Poole, but
I believe he did so when Mr. Poole was out of town.

Mr. Blenkinsup said he would not proceed further in that
case now, but would proceed with another case. He
called Mr. George Hitchin, a clerk in the employ of
Cimplin and Horne, of London, who deposed as follows :
1 remember iefilaim made on our firm by Thomas Edgeley
and Co., of London, for ihe.delay of four cases of goods for
Kirk and Furness, of Liverpool, The amount of the claim
was £9 3s 2d. I-went' to' Edgeley's'to settle it, and saw
Mr. Edgeley. I offered £5, and subseqaently settled it for
£7. This was 22nd December, 1854.
Mr. Samuel Blackley examined: I belong to the firm of
Edgeley and Bluckley, of London. In April, 1854 I was
the manager of that house. I remember four cases of lint
sent to Kirk and Furness, of Liverpool, and I was present
when the £7 alluded to was paid by the last witness. In
1854, we had not a person named Harrison in our employ,
nor never had such a person in the house at all. Mr.
Edgeley spells his name Edgeley. The signature in this
receipt is.not in the, handwriting of any one in the house,
and the name is not spelled ptoperly. There was no other
sum received for the lint but the £7 ; if there had been
would have known of it.

Cross-exaniined by Mr. "I3retherton : There were only
three persons employed in the houie in London at the time
—Mr, Ed,g'eley, myself, and a boy.
Mr; Pricker, the former witness, was handed a letter, and
replied, this is in the handwriting of the prisoner.
Mr. Blenkensop proceeded to read the letter, which was
directed to Messrs. Chaplin and Horne, but

Mr. Bretherton objected, on the ground that the signature
was that of Mr. Poole. _

After a discussion on the point, the letter was allowed to
be read, and was to tha effect that the goods alluded to had
been wrongly shipped. The witness read from the paybook
a payment, in the prisoner's handwriting, to Edgeley and
of £9 3s 10d, on the'22adYebruary, 1855.
Co.,in reply to Mr. Bretherion, the witness said he had no
doubt that the words, "Edgeley and C 0.," were wiitten by
the prisoner. Mr. Salter has sent out clerks to pay claims,
but I don't know how often. 1 won't swear he did not send
out his brother; sent out a person named Kirkly to pay
claims, but he ingone away years ago.
• Mr. Salter was also examined in this case, and proved
that the words ‘. nine pounds, three, and twopence" in the
*receipt ,was written by the prisoner, and-also the date on it.
He said, in the list of claims in May 1855 he found an
entry to Messrs. Edgeley and Co., of £9 3s. 2d. for deten-
tion and 'wrong delivery of goods. Witness - made that
entry frOm the c aim now produced.
Mr. Bietherton cross-examined the witness, who said he
had bean sent out by his brother, the cashier, to pay bills,
but not to pay claims. • •
Mr. Blenkinsop'said he would not prOceed further at
present.; .and he would, therefore, ask for a remand for a
week. • •

Mr. Bietherton said that if a remandTir a week took
place, it would be a great hardship on the prisoner, as the
grind jury would then probably be ditclarged, and therefore
the prisoner would have to remain over to the nest assizes,
and this would entail a long imprisonment 14p,2n
After a short discussion, it was agreed to remand the
prisoner to Friday, at twelve o'clock, Mr. Blenkinsop
stating that be would, in the mean time, be prepared to

close the charges agait.st the prisoner.
His Wthship, at present, refused to take bail for the
prisoner.
The case lasted up to nearly four o'clock.

THE NORTMERDI TIMES.—LIVEILPOOL, iHUESDAY, ZiAi cki 27, 18IM

compensa'

,ny money,

the prosecution, and ordered that Midgeley should be in
attendance this day. The prisoner, against whom the jury had
returned a verdict of guilty previous to hearing the second
husband's statement, was then removed from the dock.

BURGLARY.—John Goodier, baker, and William Turner,
factory-hand, were charged with having, at—Manchester, on
the 7th of February last, broken into the house of Thomas
Harrison, and stolen thei eh om certain articles of property
Goodier was seized coming out, of the haute, and the t

. ,
tifeined 'that Turner was- °tie of the otner tierce nren.eorreetneo
with him in the Aiitglary— The jury'. ,acquitted Turner,

!it returned. ,a, verdict

Several convictions being recorded-against Goodier, who was
frequently imprisoned for long. periods for - serious offences,
his •Lordship said that there was no 'alternative now icf: the
cuur.t ,hut to sentence hiin to penal 'servitude for life.

NISI PRIUS COURT —YESTERDAY.
(BEFORE MIL JUSTIOS WILLS ) •
SHUTTLEWORTH V. ROBERTS A'D ANOTHER. —The jury
in this case, who were locked up for several hours, had
ultimately to be discharged, there being no prospect of
their agreeing to a verdict.

WINTERBOTTOM T. GREEN.—This mr.ts an action brought
to recover compensation" for injury done to • cottage pro-
perty belonging to the plaintiff at PAitnrosellill, Oldham.
The defendant, a band-maker, took some land and pre-
mises in the neighbourhood, of the cottages, and enclosed
it by a brick wait,- Which it was atlege'd darkened the
windows of the cottageS, and consequently injured the
property. Mr. Hill, Q.C.,.withiMr. Spinks, appeared for
the plaintiff ;and Mr. Atherton, Q.C., with Mr. Russell
for the defendant. .The jury returned a verdict for the
defendant. - •

BURTON V. JONES AND OTUBES.—The plaintiff is a
master cooper, carryin,, on business. at New Islington,
Manchester; and the defendants, Messrs: W.Jones, John
Lees; and Joseph Lees, are colliery owners st
Oldham in
this county ; and the action was brought
n from the defendants for b
entering the premises of the plaintiff and d
workshops and household property, by . which he was
rendered unable to carry on his business. The plaintiff
became possessed of the property ,in 1852, by the purchase
of the good-will from a person, named Whitworth: lie
continued in undisputed possession of the premises, and
carried on his business there until the morning of the
24th of January, 1855, when a number of colliers, headed
by a person named florsfall, entered the premises and
destroyed all the property within reach.. - The plaintiff
was in consequence rendered unable any longer to
carry on his business there, and he accordingly
brought the present action to recover damages for the
trespass and the injury be sustained. Mr. Atherton,
Q.C., with Mr. Udall, appeared for the plaintiff; and Mr.
Sergeant Wilkins, with Mr. Sparks, for the • defeniant.
After the case had proceeded some time, the defendants
consented to a verdict for the plaintiff for 1001 and costs,
Mr. Sergeant Wilkins stating that though the defendants
did not deny the trespass, they wished it to be understood
that they had neither commanded, nor sanctioned, the
destruction of the property.by.their men. They sent th,
men to enclose the land, but unfortunately in doing th
the men exceeded their instructions

recover
nc. and

roping his

SYMONDS AND OTHERS V. ATKINSON.
to recover possession of a bill of exchange, under some-
what peculiar circumstances. Mr. Hugh Hill, Q.C., with
Mr. Manesty, appeared for the plaintiffs; and the
Attorney General, with Mr. Tomlinson, for the defendant.
The plaintiffs are calico printers in Manchester, carrying
on business under the name of Symonds, Cunliffe & Co. ;
the defendant is an attorney in respectable practice, also
of Manchester, and the question at issue was, as to his right
to apply to his own uses, :a bill of exchange for 5241 83.
There was a firm in Manchester carrying on business as
coppersmiths; under the name of Barton and Co., and in
June, 1854, Mr. Barton applied to Mr. Symonds for a loan
of 2501. ter a fortnight. The money was lent, but at the
expiration of the fortnight, instead of repaying the loan,
Mr. Barton.came again to the plaintiffs-place of business,
offered a bill of exchange for 524 . 8s bearing da e the 21st
June, 1854, drawn by John Barton and Co., on Ainsworth
Sykes and Co., calico printers, or Manchester, accepted
by them, payable in London, and endorsed by John Bar-
ton and Co., and said that if the plaintiffs discounted the
bill, he would pay them the amount of the loan 2501. The
plaintiffs. consented to discount the bill, and were then
repaid the 2501. by Mr. Barton. Before the bill became
due, Ainsworth, Sykes and Co.; stopped payment,-and
Barton and Co. not being able to make any payments to
the plaintiffs on the 24th October delivered to them
copper rollers to, the amount of 2001. ; and on the 12th
December Mr. Barton again went to the plaintiffs, and
stating, that all that his firm wanted to get over their
difficulties was a little time, offered to give a .bill with
their own acceptances -at 2 months for 3501. the balance
then due. The plaintiff's accepted the proferred bill as col-
lateral security; but the next day, the 13th December,
Mr. Bartonagain,came, and said that he had to pay 2001
at once, and asked to be accommodalai
^

—This was an

The plaint. tent it to him, and thus the original amoun,
due ou the first bill was brought up to the first sum. At
this time Ainsworth, Sykes and. Company
pay their creditors 13s 4d in the Pound-5s in cash,
the balance hi proinisory notes, at different clat,s. The it.
dividend was payable on the sth of January, and the plaintiffs
entrusted the bill, accepte.l by Ainsworth, Sykes, and Co.,
to Mr. Barton, in oidor that lie. might receive the dividend on
it, and hand it over .to them... Mr. Barton returned, and,
stating that the dividend could not then be paid, there being
some difficulty in the accounts, delivered up the bill.
15th January, Mr. Ramon informed the To-'

rrauged to
and

On the
ffs that the

;dividend would then at-once be paid on the bill, and accord

&ugly Limy agatu entru3tect it to him, for ti
the amount for them. He returned b

there was stillsome_little difficulty in the way, but that. ths
dividend would be'paid in a dap or two. The plaintiff did
not doubt the statement, and left the hill for the, time in his
possession. On the 19th of January Mr. Symonds heard in
the market that the dividend had actually been paid, the day
before, and on taxing Mr. Barton with the circumstance, the
latter said that he had received all the dividends, and had
paid the bulk sum into. the. bank, hut that he could drew out
the plaintiff's sha-e at any moment. Mr. Symonds pressed
him to do so, and Mr. Barton left him apparently for that
purpose. He returned in a short time, and informed Mr.

Symonds that unfortunately the bank refused to

.s` there was still a balance against him.- Mr.
Symonds expressed himself very freely .on the transaction,
and so matters remained until Mr. Barton became a bank—
rupt, when, from his examination before the Court, it
appeared, to tbe astonishment of the, plaintiff, that after
the bill had been . given to him o❑ the 15th
January, in order that he might receive the dividend
for them he had' actually transferred it to Mr. Atkin-
son, who used it on his own account. No imputation could
lie against Mr. Atkinson, be, as well as the plaintiff, having
been deceived by Barton ; but as Barton could give him no
property in it, the plaintiff had been compelled to bring the
present action to recover the bill and the amounts which the
defendant had received on it. The defence was that Mr.
Atkinson had simply acted as the agent of Mr. Barton, and
that lie had not profited at all by the transaction. On the
close of the defendant's case, and as the Attorney General was
proceeding to speak to evidence, Mr.' Hill said that he would
agree to a verdict being entered pro forma for the defendant,
subject to the opinion of the
,court above. Ills Lordship said
it was a clear case of title in the plaintiffs; but upon the
question of conversion, his. impression was that the defendant
had received the money as agent for Barton. Mr. Hill seemed
to think that that made no difference, and if it dil not, the
court above would enter a verdict for the plaintiffs. A verdict
was accordingly entered,' pro forma, for the defendant.

The crews of the United States Equadron in the Medi
terranean have suffered a great deal from sickness.

It is the current belief at Vienna, that Russia intends
to do away pith her prohibitive system in commercial
matters.

-A Russian ukase removes from their functions of gover-
nors of pro►inces Generals Rokeschkine and Prince Our-
onsiouf, and calls them to the Senate. The posts which
tie), fill have been suppressed. '

WILLS AND CHARITABLE BEQUESTS.—The s ill of Colonel
Sibthorp Was sworn under £lOO,OOO personalty; Lieutenant-
Colonel Sir John Hunter Littler, G.C.8.. tIon: East India
Company, £30,000 ; Lieutenant-Colonel 11. 11. Irving,
£9,000 ; the Hon. George C. Agar, a lieutenant and
captain in the Guards, £20,000 ; the Rev. Edward V,'.
Wakeman, M.A., £50,000; John Drinkwater, Esq.. of
Sherborne, £60,000 ; W. Chisholmo, solicitor, Lincoln's-
inn-fields and St. John's-wood, £70,000; Jonathan Phillips,
Hampstead and Oxford-street, £35,000 ; Madame Mary de
Polier Vernand, of Fantaise, Switzerland, died possessed
of personalty in England v clued at £50,000 sterling,
having left to the Asylum for the Aged at Yvendora,
£3OO ; Society for Incurables, £300; Blind Asylum, £300;
and oter bequests to charitable institutions.—W. Parker,
Esq., of Skirwith Abbey, Cumberland, personalty £40,000,
has bequeathed to the British and Foreign Bible Society,
£5OO ; Church Missionary, £500; Wtsleyan Miisions,
£5OO ; Manchester Infirmary, £5OO ; Cumberland Infir-
mary,£soo ; Stockport Infirmary, £250 ; Stockport Sanday
School, £lOO.—W. W. Brous, banker, of Chanel Allerton,
Leeds, has bequeathed to the Leeds General Infirmary, £4OO ;
Leeds Dispensary, £2OO ; Leeds Hospital or House of
Recovery, £2OO.

The Independence states that, although the commission
of plenipotentiaries has worked hard at its task of
reducing to form.the conditions of the treaty of peace,
it will not be possible to finish its labours so early as
was anticipate,l a few-days ago. The examination and
approval of the terms of the treaty will still require two
or three more sittings, and the document wilt not be
signed before, the end of the present week. The Inde-
pendunee positively states, that at the sittings which will
take place after the peace, treaty, .has been signed, the
congress will take into consideration the present state of
Italy. Piedmont requires that, the sequestration by
Austria, of the property of emigrants from Lombardy,
who have become subjects of Sardinia, shall be taken
off without reservation. The present occupation of the
States of the Church by foreign troops will also be con-
sidered as contrary to existing European treaties. As
the Papal government cannot be maintained in its
present state without foreign intervention, the subject
of reform will be considered, as a remedy applicable to
the situation of the Papal states.