The Northern Daily Times.
Liverpool, Merseyside, England, 1856-04-15 00:00:00

BOROUGH SESSIONS.-YESTERDAY

(BEFORE GILBERT RENDERSoN, EEG., RECORDER.)
Yesterday the business of these sessions was resumed
before the recorder, Gilbert Henderson, Esq. In the
course of the day the following cases were tried and dis-
posed of.
For cutting and stabbing, the following persons were
tried and sentenced as follows :—Ann M'Cummaskey,
nine months imprisonment ; Johannah Roach, twelve
months imprisonment ; John Thomas, eighteen months
imprisonment; Joseph Swinnerton, three months im-
prisonment. Ann M'Aveeley, indicted for a similar
offence, was acquitted on the ground that she was not of
sound mind at the time of the commission of the offence
charged. The following were convicted of felony :
Henry M'Grath, eight months imprisonment; Jane Wil-
son, four months imprisonment; Ann Phillips, four years
penal servitude. Verdicts of acquittal were pronounced
in the following cases :—Samuel Brand, Mary Pritchard,
Betsy Crawford.

SATURDAY.

FRAUDS ON THE LONDON AND NORTH-WESTERN RAIL-
WAY COMPANY.—The trial of Alexander Miller, late of the
Waterloo-station of the London and North-Western Rail-
way, for embezzlement, took place on Saturday, before the
Recorder. Mr. Simon was for the prosecution, and Mr.
Blair, with Mr. Coleman' defended the prisoner. The
court was crowded by the friends of the prisoner, and
several ladies were also present. The details of the case were
published a few days ago in our paper, so that it is not
necessary to repeat them now, as they must be quite fresh
in the recollection of our readers. The trial lasted from
two to six o'clock, and resulted in the acquittal of Mr.
Miller, who was discharged from custody.
Thomas Beesley, twenty, blacksmith, was convicted of
burglary, at Liverpool, on the night of the 7th February
last. and sentenced to fourteen years' tran•portation.

John Hardman, eighteen, whitesmith, was tried on the
same indictment and acquitted-
George ➢l'Gregor, twenty-eight, shopman. remanded
from last sessions, was c-mviated of robbery, and s3ntenced
to twelve months imprisonment.
Agnes M'Gregor, twen y-seven, was tried on the same
indictment, and acquitted.

COURT OF PASSAGE.-YESTERDAY

(BEFORE EDWARD JAMES, ESQ., Q.C., ASSESSOR.)

"No CURE NO PAY."—A - DEAF BARGAIN TO BOTH
PARTIES.—HOLMES v. STARTUP.—The plaintiff is a man of
colour, and the defendants, Messrs. Startup and Brown, aro
the well-known "quack-doctors," having a booth for the sale
of medicines at the corner of Roe-street, and the action was
brought by the plaintiff to recover compensation for the injury
and loss sustained by him through improper medical treat-
ment on the part of the defendants. It appeared that the
plaintiff on returning from a voyag", some time since, felt
unwell, and went to consult the defendants on his case. They
undertook to cure him of his illness, the bargain being "no
cure, no pay," and the plaintiff paid into their hands, as a
deposit, £1 10s. They at once put him under the influence
of mercury, though his ailment did not require the use of so
dangerous a medicine, and the result was, that instead of being
relieved of his sickness, his constitution was so impaired by
this improper treatment, that when Dr. Hutchinson, of
Parliament-street, was called in, he for some time considered
the plaintiff's life in danger. The jury returned a verdict for
the plaintiff for £3O damages, with costs. Mr. Atkinson
appeared for the plaintiff, andMr.Brett for the defendants:.

ACTION FOR CRIM. CON.—DANIEL V. CALLOW.—Mr.
Atkinson and Mr. Brett appeared for the plaintiff, and Mr.
Aspinall for the defendant. The plaintiff is a dock gate-
man, in the employ of the Liverpool Dock Trustees, and the
defendant is a house agent and collector of rents, and the
action was brought by the plaintiff, to recover damages, for
criminal conversation with his wife by the defendant. The
nature of which will be collected from the evidence.
Maria Robertson, of Mill-lane, Shaw's-brow, deposed that
she was a witness to the marriage of the plaintiff at a Scotch
kirk, in Sydney, fifteen years ago. Harriett Winstanley,
sworn and examined : I am the wife of John Winstanley,
carter, living in Hankyn-street. I know Mr. and Mrs.
Daniel. In the beginning of last year I went across one
Saturday afternoon, between four and five o'clock, to clean
up Mrs. Daniel's house. She was at the time feeding hens
at the door with corn, and was somewhat in liquor. While I
was there the defendant came up to the house, and I heard
Mrs. Daniel say, "Is that you ?" He said " yes," and she
told him to walk into the lobby. When in the lobby, she
said to him, "go up stairs to my sitting room." He did so,
and she went up with him. Directly afterwards she came
down to me in the kitchen, and said " it is my cousin—
I thought he would give me omething," showing a shilling.
She put the shilling down, and asked me to go for some
whiskey. She then went up stairs, and I, before going for the
whiskey, took off my shoes, and slipped up after her. The
door was wide open, and there was a bed and a chest of
drawers in th, room. I stooped down at the door, and could
only see Mr. Callow's feet in the bed. I could not see what I
wanted to see. (Laughter.) I then stood up by the press.

(The witness then deposed to havieg witnessed the act.) Cross-
examined by Mr. Aspinall : Mentioned the circumstance that
night to the woman who lived in the cellar; did not tell the
plaintiff of it until the present action was commenced. Alice
Tattersall deposed that she lived in the cellar of the plaintiff's
house in Hankyn-street : and that, on the occasion spoken to
by the previous witness, she saw the defendant go into the
plaintiff's house. Cross-examined by Mr. Aspinall : Does not
know if the plaintiff was in tho habit of beating his wife ;
heard her often screaming; but, of course, a little thing would
make her cry when tipsy. (Laughter.) Mrs. Daniel was in
the habit of getting tipsy ; was not good friends with her, as
she was " too tipsy" for witness. (Laughter.) Other wit-
nesses were also examined to prove that the plaintiff and his
wife had lived happily together until this occurrence took
place, and that her infidelity with the defendant was the talk
of the neighbourhood. Mr. Aspinall, for the defendant, con-
tended that the case was purely a made up one, and in support
of this view dwelt on the fact of the singular silence of the
woman Winstanley, in reference to what she had seen, until
the period of the commencement of the present action. The
jury almost immediately returned a verdict for the plaintiff.

✓
CARROLL V. BITGIIES.—The plaintiff is a baker; he was
employed by the defendant, who is a chemist, to carry on a
baking establishment on his account. He was to have for
his labour £3 a week, and he brought the present action to
recover a balance of wages of £l2 15s. Verdict for the plaintiff.
Mr. Brett appeared for the plaintiff, and Mr. Aspinall for the
defy a lant. .

EVERETT V. SPINKS.—The plaintiff is a wholesale dealer in
bonnets, and he brought the present action to recover £4l 4s 7d
for goods sold and delivered to the defendant. The action was
undefended. Mr. Brett appeared for the plaintiff.
JONES AND ANOTHER V. KING AND ANOTHER.—This was
an action on a bill of exchange for £lB 1 Gs 7d, given by the de-
fendant King, in the name of his firm, shipbuilders and carpen-
ters, for goods supplied by the plaintiffs, who are brassfounders.
Mr. Raffles appeared for the plaintiffs, and Mr. Brett for the
defendants.
SAUNDERS V. FORMBV.—The plaintiff is an innkeeper in
Liverpool, and the defendant is a member of the medical pro-
fession ; and the action was brought by the plaintiff to recover
compensation for the loss of a horse through the neglect of the
defendant, in not repairing a stable, which the plaintiff held
from him as tenant. Verdict for the defendant.
This concluded the business of the court.