The Northern Daily Times.
Liverpool, Merseyside, England, 1856-04-19 00:00:00

half, with a sensibility that I
mously feel, I beg this distinguished c

know it wc.

accept the assurance of my profound acknov
There are some subjects on which it would be i
more enterprising than wi3a, for me ton
TnriPed

and in thispresence

rceiy can pretend to knew the subjects which we

ptable to you. I dare say, bowev

but little havad if I yen

naturA to a western ton

ue, to

purpose of a new corner must have excited at 1(
curiosity. (A laugh.) Well, my lord, 1

me say that I

am not feel, and do not feel, any desire wher
than that of giving my exertions and energies unreervedly to
the restoration of the most harmonious sentiments and
friendly relations. (Cheers.) Animated by this spirit, and
aiming at such a purpose, if I fail—and I may fail—it will
be because of some inexorable, overruling
some foregone conclusion not to be (lane by uni
persevering, frank, and honourable conciliation. (Renewed
cheers.) My lord, permit me, in conclusion—for my object
is to be exceedingly brief—to tender to your lordship and
the guests assembled here my congratulations on the great
event consummated since my arrival among you—the resto-
ration of peace to Europe. (Cheers.) War, although
undoubtedly accompanied by its moral benefits or allevia-
tions, is at best an evil ; and the vast powers of this empire,
although for a time, and however gallantly, enlisted and
ably directed, will find more genial and more fruitful
employment in those channels, agriculture, commercial, and
mantifacturing, and those pursuits which have hilerto so
signally illustrated the exertions of her people, (Loud
cheers.) My lords, I again thank you.

Ste policy, or

LAW INTELLIGENCE

COURT OF EXCHEQUER,--YESTERDAY

SITTINGS IN BANCO.-BEFORE THE LORD CHIEF BARON AND

BAROSS ALDERSON AND BRANIWEL

DARBY V. OUSELEY

Mr. Kenealy moved, on behalf of the defendant, for a rule
to show cause why a new trial should not be had in this
case on four grounds :—First, the improper rejection of
the evidence by the judge; secondly, the improper inter-
ference of the judge with the speech of the counsel for the
defendants; thirdly, misdirection; and fourthly-, for the
influence by the judge over the jury.
Mr. Baron Alderson: You state two grounds for a new
trial which I never heard of before.

Mr. Kenealy said there was a precedent for the last.
The plaintiff was a tide-waiter in the Customs at Liverpool,
and the defendant was the proprietor, editor, and the pub-
lisher of the Liverpool Herald, and the action, which was
tried at the last Liverpool Assizes, before Mr. Justice
Willes, was brought to r.-cover damages for an alleged
libel published in the defendant's paper. The jury re-
turned a verdict for the plaintiff, damages, £45. The libel
complained of, which was head " A Popish Rebel in the
Custom's" imputed to the plaintiff that he was a
member of a society formed under some Roman Catholic
priests ; that he was a " rebel, a traitor, and a villain,
and was not to be trusted with the property of the
Crown, as he was acting under the Foreign Enlist.,
ment Act to enlist under the banner of a foreign peten-
late." It would be necessary to mention that the defen-
dant had pleaded not guilty and a justification. What
called forth the alleged libel was the circumstance that
the plaintiff had dropped a certificate of his membership
in a Roman Catholic society, which was picked up and
given to the defendant, who at the trial pleaded justifica-
tion, urging that he was warranted in commenting as he
had done in his paper, as he had acted without malice,
being unacquainted with the plaintiff, and believing that
the certificate was a treasonable document. and to call
attention to what he considered a treasonab
The learned counsel, having cited N ari
his support of a rule, referred to the que
tion. The learned judge had stat
was no evidence of the plaintiff

lorities in

of the society, notwitbstauding counsel
tor the plaintiff having admitted the facts. The
also told •that the plea of justificaLion

a. memt

jury wer

having been thrown overboard,
to find a verdict for the defendan
that even if the plea of justification had not been
dated, his lordship was not warranted
remark, as the plea of "not guilty

1 maid

raised ev

issue, and the matter was %IC for✓the decisio

The last point with which he would trouble
was the improper influence exercised by f
the jury. From the cornmeneem;,nt of the ,
tice Willes had done all in his power to bring it to a close
by suggesting that I should tnAke an apoloav
Mr. Biron Alderson : I suppose on

re juctg, over
trial Mr. Jas-

behal(of your client,
not on account of the length of your speech. (Laughter.).
111 r. Kenealy observed that at that time he had not
opened his lips. He regretted to say that great impatience
was displayed by the learned judge, who stated that the
defendant's counsel was about to make a Protestant
speech, but that it would not be listened to. This, no
doubt, had the effect of prejudicing the minds of the jury.
The learned judge, in alluding to the def'enchnt, Said he
belonged to a class of people " Who see more devils than
wide hell can hold." When utterance was given to this, a,
sensation was created, and murmurs ran through the
court which doubtless had an effect on the jury.

Mr. Baron Alderson: You don't do the jury justice.
The learned judge meant that the language of the libel
was greatly exaggerated, and that it was a mere " mare's,

Mr. Kenealy said, reflections' were cast on7his
which were not warranted, and the judge had, in his sum-
ming up, constantly repeated his arguments, 'which was
the more remarkable, as the speech of Mr. Serjeant
Wilkins was in no way commented upon.
Mr. Baron Alderson: Perhaps there was no necessity.
(Laughter.)
The Chief Baron : It is the duty of the judge not to
leave a single matter unexplained to a jury which is
capable of explanation.
Mr. Kenealy contended that the summing up was an
inroad, and trenohed upon the province of the jury. He
disclaimed
imputing et rent
isttleedd
thee
ah ande
wstartiias e
ad h
dt hien! r lconclusionorrls hips,
hteh adi
imputing to the learned judge before whom the case was
tried any object for the course ho had pursued, but con-
sidered that his lordship was guilty of indiscretion.
The Lord Chief Baron said he was of opinion, and with
that opinion the court fully concurred, that there ought to
be no rule for a new trial in this case. His lordship
having gone through the whole of the arguments adduced
by the learned counsel in support of the appplication,
sad that none of the points presented any grounds upon
which the court ought to grant the rule. The rejection of
tho evidence was right, the conduct of the learned judge
was right, the direction to the jury was right : :and he
entirely disagreed with Mr. Kenealy as to:the:view taken
by him as to what was the duty of a judge, which lay in,
calling the attention of a jury to unexplained matters, so
as to enable them to arrive at a just conclusion.
Rule refused accordingly.

DISSOLUTION OF THE ROCHDALE CORN MILL SOCIETY.—
At the petty sessions on Wednesday, Mr. Edward Far-
rand, bookkeeper of the Rochdale Corn Mill Society,
Weir-street,: applied to the magistrates for leave to
dissolve their society. They wished to enrol themselves
under the Industrial Provident Society's Act. The bench
granted the application. _

WORTHY of ilwrrATioN.—On the proclamation of peace,
it is proposed to entertain at Norwich the Crimean soldiers
and sailors now resident in that city. Their wives and
children will also partake of the hospitality of the citizens,
as will the military now stationed in the city ; and the pre-
eeedinrs, which will include a treat to the children attend-
ing the various charity schools, will terminate with an
illumination and a display of fireworks.

Loss OF THE AMERICAN SHIP BLANCRARD.—The loss
of the American ship Blanchard, Captain Lavirenee, has
been reported at Lloyd's. This vessel (on her voyage
from Charleston tor Bremen), while at anchor in the
Downs on Tuesday morning, was caught by a strong
easterly gale, and, notwithstanding the energetic endeav-
ours made by the crew to prevent it, drPa

I her anchors
The

and went onshore on the beach mar Kingsdowr

passengers and crew were saved, besides a greater portion
of the cargo (cotton) and stores. It vas feared, owing to
the continuance of a strong gale,',troni the east, that the
ship would soon go to pieces.

Elf not preciously disposed of by private treaty.
FOR SALE BY AUCTION, on Thursday, the
p. 24th 24th inst.. at Three o'clock, at the Brokers' Saleroom,
3, York-buildings, Dale-street, the good Barque
PAK ENLIAM; 274 5-100th tons register. Length,
95 feet 5-10ths ; beam, 22 feet 8-10ths ; depth, 15 feet 7-10ths. Built
at Jersey in 1839, has always been well taken cars of. In 1853 she
had new decks and topsides, and was classed red star at Lloyd's ; In
1854 she was yellow metalled; her spars and rigging are in capital
condition, and she is abundantly found in stores ; lying in Prince's
Dock.—For further particulars, apply to ROBERT' A. MUNN
and CO., Brokers for the Sale of Strips.

If not previously di.pnsed of by Private Treaty.
FOR SALE BY AUCTION, on Thursday next, the
24•1 a inst., at 3 o'clock, at the Brokers' saleroom, York-
es, buildings, Dale-st., the fine brig MARY STEWART ;
216 tons register, about 290 tons o. lc • length 94 feet
5-10ths; beam 23 feet 6.loths; depth I 9 feet 5-10ths.
Built at New Brunsw,ck in 1840 ; now classed All; is
flat-floored, shifts without ballast, and, sails very fast;
copper-fastened, and was sheathed with heavy yellow metal two
years since; she is well found in stores, which are in capital order;
curries a large cargo. and is well adapted for the West India trade.
Now lying in King's Dock.—For further particulars apply to
ROBE itT A. MU N N and Co., Brokers for the Sale of Ships.

ert hate.

___. •
. • FOR SALE, by private treaty, a New Iron
.. , • 41/41/4 SCREW STEAMER, of the following dimensions,
' 41k11 ll\ (now building here, under particu:ar inspection,
• 'ateA AI
VillitL..:, 1, _ andcanofbkeeerle,4adyeef r sea in about six weeks,) viz
length f t 6 inches, breadth 16 feetdepti:
8 feet 6 inches.jShe will carry 125 tons of cargo, independent of her
machinery and coals, on 6 feet 6 inches draft of water, and will he
propelled by a pair of direct acting engines, of 20 horses power ;
when loaded, she is expected to steam seven knots per hour, and Is,
in all respects, a very desirable vess 1 for the coasting trade.—For
further particu'ars, apply to Mr. GEORGE S. SANDERSON, 13,"
James's-street, Liverpool.

FOR SALE, the fine Clipper Ship MONT-
, _.`,\ MOREN CY, 750 tons register, 813 tons 0.m., built at
PK,„4,04 " Quebec, and launched 28th October, 1854. Length.
165 feet 7-foths ; breadth, 28 feet 9-10ths ; depth, 18
feet 9-1 oths, has a long poop and top-gallant torecastle, has just
completed her first voyage, is a very fast, and in all respec'.s a most
des rob, e, stvp for any trade her size may suit.—Apply to the
owners, JAMES BAIN Ez, & CO., 6, Cook-street.

FOR SALE, the new Ship CAR7IIEANT,
length 194 feet 5-10ths ; breadth 37 feet 1-10th ' - depth
22 feet 2-10ths; 1152 tons; built under special survey
at St. John. N. 8., of the most carefully selected bay-
shore spruce, and the workmanship, model and outfit
all of the very best descri• tion ; large poop and topgallant fore-
castle;
copper fastened, and requ'res very little ballast. In Bruns-
nick Dock.—Apply to GIBBS, BRIGHT & CO., 1, North John-
street.

FOR SALE, the new Ship BENCOOLEN—
,;,..-41/4 Length, 216 feet 7-10ths ; breadth, 36 feet Sloths ;
itt,l4,„ depth 22 feet; 1500 tons per register; built under
i
. special survey at St. John, New Brunswick, of the
nest materials, and finished in a first class manner; a fine model,
and at the same time carries a large cargo at a very light draft,
and shifts with little ballast; she is iron kneed; coppered, and boot
topped. Will be sold classed seven years, and ran be sent to sea
at once. In Wellington Dock.—Apply to GIBBS, BRIGHT & CO.,
1, North.: ohn-street.

-1, •,, FOR SALE, the Brig SURPRISE; length
fit. 94 feet 7-10ths ; breadth, 27 feet 7-10ths ; depth, 10
t feet 9-10ths ; 298 tons register; built at Guernsey,
under special survey, in 1854, and classed at Lloyd's
A 1 seven years ; coppered and cooper-fastened. This
vessel was built of the best materials (principally oak), and with the
special intention of carrying a very large cargo on a light draft of
water, taking the around and sailing fast, and can shift ports with.
out ballast. In George's Dock.—Apply to GIBBS, BRIGHT &
CO., 1, North John-street.

MERSEY LINE OF AUSTRALIAN PACK ETS.3
FOR [MELBOURNE.
4; j TO SAIL 5 Tit MAY,
deo a",
P* The fine Clipper Ship
ELLEN,
ill`GAnar, Commander;
A 1 at Lloyd's. 895 tuns register ; loauing East side nce's Dock.
Will be succeeded I.y the splendid new Clipper Ship ZOBOOH,
1,300 tons register, which has just made the fastest passage on
record from New Orleans to this port, vlz., 23 days 22 hours.'

FOR SYDNEY,
The splendid new Clipper Ship
ARMINS,
Ai •• Captain ROSENTHAL ;
A I; 800 tons register. jr,:a

-JA\ FOR ADELAIDE,
'The tine Cl pper Barque;
GEORGE ARKLE,
Captain A. CAMERON
A 1 at Lloyd's; 630 tons register; loading inyrince's Dock.
For terms of freight or passage apply to
EDMUND THOMPSON, Drury-buildings, 17, Water-street.