The Northern Daily Times.
Liverpool, Merseyside, England, 1856-08-20 00:00:00

NISI PRIIIS COURT.

(BEFORE MR. BARON BRAMWELL AND A COMMON JURY.)
PIGOT v. CADMAN.—Ori the sitting of the court at nine
o'clock this case was resumed. The defence was, that the
account included items already charged in the bills taxed by
the Master in Chancery, and that the other business to which
it reterted had been done on account of Peake and not of the
defendant. Mr. Attorney-general Knowles, in h's reply,
strongly dwelt on the popular prejudice to attorneys' hills, and
trusted that in this instance the jury would not be influenced
by it. His Lordship, in summing up, obsPi ved, that so farad
his experience went, a more intelligent, upright, and praise•
worthy class of men than attorneys did not exist in this
country. The jury, after some deliberation, found for the
plaintiff on some of the items, and for the defendant on the
others.

ACTION POE SLANDER—GREEN V. SETTLE.—This WAS an
action for slander contained in certain words spoken of the
plaintiff's wife by the defendant. Mr. Monck was council for
the plaintiff, and Mr. Sergeant Wilkins for the defendant.
Mr. Monck, in stating the case, said that the plaintiff was a
moulder in Bolton, and that his wife, up to the occurrence
out of which the action arose, carried on the business of a
dressmaker and milliner, and by her earnings added consider-
ably to the income of her husband. The defendant was the
overiooker of a colliery in the neighbourhood, and in the month of
March, of this year, entered the shop of Mr. Vickers, of Bolton,
in which was a person of the name of Sharpies. He sat down
near Sharpies, and asked him how he was getting on with Mrs.
Green ? Sharpies asked him what he meant, and. then the
defendant, using very coarse language, accused him of having
connection with Mrs. Green: Mr. Sharpies became very
indignant at the charge, and denied its truth. The defendant
nevertheless maintained that it was, and offered to bet half
a crown on it, observing, at the same time, that he knew that
she had had connection with two other parties. This con-
versation was repeated outside by a person whu was in the
shop during the time, and so injured Mrs. Green's character,
that her business very speedily declined until she had to close
her shop altogether. James Sharpies sworn and examined :
Is a counterpane weaver. ' In the month of March was in
the shop of Mr. Vickers While there the defendant came
in. He said, " How do you get on with Mrs. Green r
Witness asked what he meant, upon which the defendant said
that he knew quite well, and in very coarse language accused
him of cartying on a criminal intercourse with Mrs.
Green, and offered to bet him half a crown on the truth of it.
Witness became indignant, and said that he would not stand
it, as he had already suffered from a like charge in regard it,
another woman, and as Mrs. Green was kindly getting him as
much employment as she could. The witness was cross*
examined by Mr. Sergeant Wilkins as to Sharpies and himself
having quarrelled before the former spoke the slander, but he
denied that such had been the case. Thomas Green, plaintiff
in the action, examined : Is an iron-moulder, in the employ of
Messrs. Digby, of Bolton. Has been married seven years.
His wife carried on the business of a milliner and dressmaker.
She used to make from £4O to 450 a•year. Since the slander
her business altogether fell off. She could now get nothing to
do. Ellen Green examined : lam the wife of the plaintiff.
I have been married to him seven years last June. I carried
on the business of a dressmaker and milliner. I used to make
from 151. to 18s. a week; but since this I have not earned 2s.
a-month. Mr. Monok : Is there any truth in the charge made
against you in this matter ? His lordship said he doubted
whether he should allow such a question to be put. If such,
a practice were followed any man might bring a woman into a
court of justice and subject her to the annoyance; of having to
clear her character on her oath. At the same time it was hard
not to allow a woman so to clear herself. Ills lordship then,
after• consideration, said that he would allow the question to he
put in this instance. The witness then answered on her oath
that there was not the least truth in the slander. She was
cross-examined by Sergeant Wilkins, as to her earnings as a
dressmaker, and the particulars of the losses she suffered in
consequence of the slander. She persisted in stating that she
used to earn, on an average, 15s. a-week- sometimes 30s.
His Lordship: I am sorry to say sempstresses in London
cannot earn as much. How did you do it ? Witness : By
working night and day—frequently from six o'clock in the
i)ease e morningsustained
hiss tal
iounineddtsi
hl
nextp morning,
nodrtanhmiantagg.t
damage being
eAb :aitenittg so
tts,ot :ego
reuelomdf
ont
thot:t.
spn
le
pointx expressed
oekdf thealan wo,
After some further discussion between ,
agreed that the plaintiff should
b counsel
e non-sui it was
ted, the
defendant undertaking not to claim costs.
His Lordship,
before the verdict was entered, begged the jury to understan4
that the plaintiff was not defeated in consequence oft he truth
of the charge against his wife, because, in point of fact, for
that, there was no pretence, but because, in point of law,it wag
not actionable to say of a woman that she had committed
adultery, unless it could be shown that she had suffered home-
diate damage from it.

GILL vv SPARKS AND ANOTHER —This was an action to
recover £77 4s, balance of a promissory note for £lOO. Mr.
Aspinall appeared for the plaintiffs, and Mr. Simon for the
defendents. The plaintiffs were the trustees of the Third
Tradesmans' Loan Society, of this town, and in the month tlt
February, 1a53, they lent to a-person of the name of Davis.
at St. Helens, £lOO. The defendants were his securities, and
as Davis, according to their allegation, failed 'co pay the money,
they now sued them for the balance. It a
secretary and manager of the Society was a peppearedrson of ththat thee
flame u
of Naggs, and that h was convicted of embezzling its fuhdis„
He was now brought up on the Home Secretary's order, and
swore on oath that the balance claimed was due. On the other
hand, Davis was produced, and swore in the most positive terms
that he had paid to Naggs every farthr,g of the £lOO. At
this stage of the proceedings the jury intimated that they were
satisfied, and immediately returned a verdict for the defendants.
IRVING v. DUCKWORTH —This was an action brought by
the plaintiff, through his father, to recover compensation for
injury which he sustained through the negligence
and the incompetency of the defendant's servants.
Mr. Sergeant Wilkins, with Mr. Henderson, appeared for the
plaintiff ; and Mr. Attorney-general Knowles, with Mr.
Tomlinson, for the defendant. The defendant is a cake
roaster and chicory manufacturer of Liverpool, and in the rer
1854, the plaintiff, who was then a boy between fourtten.and
fifteen years of age, entered into his empleynient.
Ills
duties were defined to him, but in the month of October that
year, he, as he had. frequently before done, went beyond them&
and exposed himself to danger by interfering with the
machinery. On the 23rd of that month, both he and the man who was in charge of the machinery were late at the manufactory,
and in order to screen their negligence they put the engine its
motion before first oiling the cog-wheels. In a short time A
shrill noise was heard from the machinery, and the person ist
charge called out that something wanted oiling. The plaintiff
immediately took the oil-can, and while attempting to oil one
of the cogs, the can was caught in the machinery, and his
hand torn off. It appeared from the evidence of the boy
himself, that it was no part of his duties to interfere with the
machinery, His Lordship expressed an opinion that the case
cuiteouldd not be sustained. The plaintiff was accordingly
non..
s.

_ -
RICHMOND v. PROWgE AND OTIMS. -- Mr. Attorney.-
general Knowles, with M. Nair, appeared for the plaintiff,
and Mr. James, Q.C. with Mr. The plaintiff Brett, for the defendants.
is the son of a wine and spirit merchant of Liver.
pool, and his parents being anxious that he should go to sea
for some time, they accotdingly, in the month of March last
year, shipped him as clerk on board the defendant's ship
Mercia, which was at the time employed by the government
as a transport. lie served on board of ner for sixteen months,
and lie now brought the
present action to recover wage
had
that time, at the rate of £3 10s. per month. [The case
not finished at the rising of the court at five o'clock.]

CORONER'S INQUEsre.—Yesterday, the deputy Voroner
held the following inquelts:—On . the body of a boy, seven
years' of age, named Daniel Leonard, who died in cons
quence of injuries received on Friday night week List, from his clothes having caught fire. Verdict accidental death......
On the body of Robert Gordon, a child
found
dead in bed. It was accidentall , that was found
y suffocated. Verdict
accordingly.—oo the body of Mary -rz
accordin
ay
to aged about
thirteen years, an emigrant on her 'way to America, who
was killed in Waterloo Road, en Monday about four
o'clock, by an omnibus passing over her. It appeared that
the deceased was crossing from the to the other side
of the road, when she was knocked down, either by the
pole of the vehicle or the horses, and the carriage passed
over her. The horses feet also passed over her, and a
witness said the two wheels went over her body, and she
was killed at once. The buss was going at a regular pace,
and when the alarm was given the driver at once pulled up.
Several witnesses were examined, when the above facts were
elicited, and all agreed that the unfortunate affair was purely
accidental, and that no blame whatever was attached to the.
driver of the vehicle. The jury at once found a verdict of
accidental death.

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