The Northern Daily Times.
Liverpool, Merseyside, England, 1857-01-24 00:00:00

SIRKDALE QUARTER SESSIONS.

Among the appeals heard at these sessions yesterday, was
one of a very important charact r, aritifig out of the
Nuisance Removal Let. The appellants were the Lanca -
shire end Yorkshire Railway Company, and the respondents
the Nuisante Removal' Committee of the township of
Headley, near Wigan. Mr. Ovens and Mr. Cross were
counsel for the respondents and Mr. Seagar, Mr, SoWler,
'and Mr. Saunders for the appellants. The facts were very
simple. The Lancashire and Yorkshire Railway Company
have a station at Hendley, and they have been accustomed
for some time back, to carry bones, &e., from Liverpool, by
their railway to that paint, for the use of a glue manufac.,
tnrer in the neighbourhood. The nuisance arising from
this traffic became so offensive to the inhabitants of the
township, and the people frequenting the station of Hendley
on bushier-is, that the. Nuisanco Committee were called On
to take steps for its suppression. The committee accord-
ingly summoned the company before the justices at Wigan,
and after hearing the case, the justices made an order,
dated the 14th November, 1856, thereby prohibiting
the accumulation of bones, or other offensive
matter of a like description at the place in question.
Against that order of prohibition the Lancashire and
Yorkshire Railway Company now appealed, and the
Nuisance Removal Committee of Hendley appeared by
their counsel to support it. The case had not concluded on
the rising of the court. Before adjourning, Mr. Ovens
sug.lested that if the bones were conveYed like waste -
cotton, in boxes which could be transferred from the
railway waggons to carts, and so taken to their place of
final destination, all objecti.n to the.tragic would cease.
Mr. Seger replied that the company could not enter into
any such undertaking ; they had already done all that
common carriers could do in such a case. Besides, the
manufacturer had transferred his custom to the London
and Nor h Western Riilway Company, and the bones were
now taken in the same way by that line without any
objection. The matter then dropped. The main legal
question involved in the case, is as to the power of, justices
to deal with nuisances under the act, or whether or not
they can only adjudicate on cases where the nuisance
exists at the time of adjudication.

POLICE INTELLIGENCE.

LIVERPOOL.

BEFORE MR. MANSFIELD.

ADVERTISING AGENT.—A person named R. Parry was
brought up on several charges, which will be found
below. The following is a copy of the card used by the
prisoner:—" To merchants, manufacturers, and others—
Your attention is respectfully solicited to the fact . R.
Parry and Co can supply them with clerks, book-keepers,
salesmen, corresponding clerks, travellers, collectors,
townsmen, packers, makers.up, apprentices, porters, &c. ;
also drapers supplied with shopmen, saleswomen,
milliners, and apprentices ; one visit or line by post will
convince employers it is the b ,st medium to supply them
with competent parties. A candidate's reference list:kept
for the inspection of employers, 15, Old Mill gate,
Manchester—Branch office : 24, Lime street, next the
Queen's hotel, Liverpool." It appeared, that the
prisoner was in the habit ,f advertising largely in
country and other papers, offering situations of all sorts
to all sorts of persons. His office window in Lime street
also bore attractive advertisements, and .the following
persons came up, and proved having paid the prisoner
the sums stated by them, for the express purpose of get.
tin; situations, which he (the prisoner) promised to do.
Robert Lovegrove, Irvine street, gave 2s 6d on a
promise of getting appointed a collector of rents
of fifty houses. James Hallclerk, gave him
7s, on a promise of being appointed a coachman. Charles
Price, of the Bee Hotel, Queen square, paid 2s 6 i in
order to be appointed collector over 50 more houses
John Hughes,Cornwallis street, parted with half a crown,
to get the appointment of a clerk. William Richardson.
Boundary place, added is to the prisoner's stock, in order
to get a van to drive. Nine or ten others were also
examined, all of whom had paid the prisoner various
sums under his promise to procure them any place they
wanted. and the police said the chances were that if any
one had been fool enough to give the prisoner a sufficient
sum, he would have promised the plate of Prime Minister
of England in return. Once the money was paid, the
dupes, of course, never could get the great man at home,
until at last the police were informed of the trick, and
they managed to find him. He was remanded for a week,
in order to have further evidence.
STREET ROBBERY.—Mary Jones was committed for
trial on the charge of having robbed David Johnston,
a emcees assistant, of £9, in Lime street, the previous
night.

Mary Brandreth was committed for trial on the charge
of stealing a rocking chair from John 11I'Donnell, of
Stanley street.

CURIOUS CASE OF BREACH OF PROMISE OF

MARRIAGE.

At the Dublin Court of Queen's Bench, on Wednesday,
in the case of Sherlock v. Kelly, Mr. J. A. Curran (with
whom was Mr. M'Donongh, Q C.), moved, on the part of
the defendant, for an order for liberty to plead double.
The case was a novel one in all its features, and he (Mr. Cur-
ran) would shortly stale the nature of the pleadings; The
action was brought by a lady named Martha Sherlock, and
was instituted not only to recover damages for an alleged
breach of promise of marriage, but also for an assault and
battery. This appeare ltobe a novel combination of actions;
but the defence which he (Mr, Curran) now moved for
liberty to 9k, made the case if possible appear more strange
and novel in character. The defendant, Mr. John Kelly,
proposed to plead five defences—first, the statute of limita-
tions ; secondly, that he performed his agreement by marry-
; ing the plaintiff in the year 1849 —. The Chief Justice:
IWhat is that ? Do you want to plead that you are in fact
married to her > Mr. M'Donough : Yes, my lord, we say
so. She was living with us for nine years, and we had two
children by her, (Laughter.) The Chief Justice : What
are the other pleas ? Mr. Curran : We allege the marriage
to have taken place on, the Bth of September, 1849, in that
second defence ; and in the third, we propose to plead an
agreement to marry according to the rites of the Roman
Catholic Church, and a performance of that agreement by
the solemnisation of a marriage by the Rev. Gregory L7nch
on the day mentioned. The fourth defence to the first can=e
of action was performance of the-alleged promise gamrallY
and the fifth, and last, that, the defendant was always ready
and willing to• marry the plaintiff, and did, in fact, marry
her—and was never asked to marry her " further or other-
wise." These were the proposed pleas to the first cause -of
action ; and the proposed plea to the charge of assault was
that the plaintiff being the defendant's wife, and having
misbehaved, herself, he was justified in inflicting upon her
moderate chastisement. (Laughter.) The Chief Justice :
You may file those defences.

WRECK OF THE AMERICAN SHIP KILBY.—A few days
since the American ship Kilbv was seen, durinz a fresh gale
and hazy weather, upon the inner face of the North Land
Head of the Goodwin. The ever active harbour master of
Ramsgate immediately despatched to the scene of danger
the Commissioner's steamer, with the Northumberland life
boat in tow. They soon approached the ship, and persever.
.inglyrernqiued by her. The masts were, however, cutaway,
the ship filling fast and breaking up. The captain and his
wife, the steward and his wife, the whole of the menf and
fifteen other persons, were then taken off by the Ramsgate
life beat, which soon transhipped them to the steamer, in
which every available comfort was administered to them.
They were all afterwards safely landed at Ramsgate at two
o'clock in the morning. Thus this valuable life boat has
again been instrumental in recovering probably forty lives
from an inevitable death on the Goodwin Sands. What
benefit suffering humanity would derive if every exposed
point was similiarly provided with the means of saving life
from wrecks.

A SOLDIER "DRUMMED OUT."—On Wednesday morn-
ing the ceremony of drumming a soldier out of the service
took place at Woolwich. The man, whose name is Lee.
war, d a gunner belonglna to the 12th battalion Royal
Artillery, had been convicted of ;stealing a comrade's
boots, and'other disgraceful conduct, for which about a
fortnight ago he received the first part of the punishment
allotted him—namely, fifty lashes. Since that time he has
been under treatment iu the infirmary, and having received
the medical certificate to leave the hospital, was brought
on the parade ground fronting the artillery barracks,
when the entire battalion, together with 20 men of the
respective battalions stationed at Woolwich, was formed
into two lines, extending the whole length of the ground.
On arriving there the sentence of the court martial was
read over, after which two stout drummer boys stripped
off his facings and buttons. This part of the ceremony
having been speedily despatched, the " Rogue's March'
was struck up by the drums and fifes, and the prisoner was marched forward, in charge of an armed escort, as far
as the centre of the lines, where be was halted. The
sentence was again read over, after which the music
recommenced, and the procession continued its march to
the end of the lines of soldiers, when a final halt was made
and the sentence read a third thee, and the prisoner was
ignominiously marched out of the garrison, and forwarded
thence to Coldbath yields for the term of six months, at
the conclusion of which he will be dismissed her Majesty's
service. The prisoner has long been a marked man, and
only a short time before leaving the Crimea he underwent
corporal punishment for having stolen a horse.