The Northern Daily Times.
Liverpool, Merseyside, England, 1853-10-26 00:00:00

SELECT VESTRY.

The usual fortnightly meeting of the Select Vestry was
held yesterday, in the Parish Offices Brownlow-hill, the
Rev. Rector CAMPBELL, in the chair. Present, Messrs.
Carrie, Blain, Whitby, Crawford, John Jones, Mellor, Pem-
berton, Denton, Luff, Savage, Troughton, Bradley, Moss,
Hand, Whitby, Hughes, Shaw, Sumner, Clarke, Kitchen,
Banner, Gardner.
The proceedings of the Finance Committee contained
nothing of public interest, and they were confirmed without
discussion.

WORKHOUSE COMMITTEE,

It appeared that during the past week there had been ad-
mitted to the vagrant sheds, 470 males, 285 females, and
86 children, in all 841. The number of inmates in the
house was 1790. There were 588 cases in hospital, 49 of
which were fever and cholera cases, and 48 itch cases.
Mr. HUGHES asked how a visit he had made to the house,
and which was duly recorded, was not read to the last
meeting of the board. The reason why he asked the ques-
tion was this. There was a suggestion made in his report,
which he thought of some importance ; that was the ne-
cessity of covering in certain passages at the south-east end
of the house, leading from the old womens' and children's
wards to the dining hall. Those passages were very nar-
row, and in severe weather, people might suffer very much
in going through them, waiting to go m order to the dining
hall.

Mr. DENTON said this had been fully discussed in the
Workhouse Committee. _ _

Mr. HART thought it had been read to the board.
Mr. HUGHES : Was it ? The expense of the covering,
would soon be spared in the lesser numbers which would be
confined in the infirmary. Old persons were kept standing
there at times in the rain.

The CHAIRMAN remarked that there was no evidence of
this report having been read to the Vestry; but the question;
was discussed in the Workhouse Committee.
Mr. CARNE had no doubt but it was read in committee.
Mr. DENTON : Yes ; because I objected to it.
The CHAIRMAN You wish, Mr. Hughes, that it should
be considered ?

: I do. It is highly desirable to pay attep-
tic). to those passages, an it was suggested to me by the
governor himself. lt was not only reasonable, but desirable
to do so, because in cold weather the old people must suffer.
—Referred to the Workhouse Committee.

INDUSTRIAL SCHOOLS COMMITTEE.
From the proceedings of this committee, it appeared that
four boys and two girls had absconded from the schools. It
appeared also, that eighteen pigs had been sold, which real-I
ized a sum of £24 10s. Mr. Hughes gave notice that he
would move, at the nextmeetingof the committee, that appli-
cation be made to the committee of the Privy Council on
education, for power to appropriate a portion of the funds
for the education of the Catholic children in the schools.

Mr. HUGHES : Before those minutes are confirmed, I
would request to be •permitted to make a few observations
with reference to what took place at this board at the last
meeting. Some very severe strictures were given utterance
to by several gentlemen, as to the mode of managing the
Industrial Schools, and the absence of that amount of indus-
trial training necessary to be of use in sending boys into the
world. Now I hardly know any subject touched on at this
board about which there is a larger amount of ignorance elabo-
rated into talk than on this very subject: for gentlemen talk
unthinkingly and unknowingly of matters which are calculated
to give offence, and to mislead the public out of doors, and
cause them to think that the Industrial School Committee,
as a part of this board, is not discharging its duty. Now,
in order to be in a position to correct this error to some
extent, I have been at the pains to have a return of the amount
of work done by the children in those schools during the
past year ; but in addition to the amount of work done
here, it must be borne in mind the immense labour required
in keeping an extensive establishment like that in proper
order—in keeping it clean, in washing, in cooking, and dis-
tributing food, and the great bulk of this is done by the
children whilst in the school. I think it is a most ungra-
cious office for any member of this board to take on himself
to cast reflections on that establishment, or to do anything
in reference to it likely to prejudice it in the estimation of
the rate-payers; for in my opinion if there be any establish-
ment in Liverpool which, more than another, it has a right
to be proud of, it is the establishment of the Industrial
Schools. (Hear, hear.) Now, sir, I find during the period
of twelve months, there have been made articles of wearing
apparel by the boys, in tailoring, new articles made, 2,280,
and repaired 8,484 ; of shoes, there have been made 1,183
pairs '• of clogs, 6,473 pairs. Under the sewing mistress
there have been made 2,262 articles, and altogether the list
is a very long one, and it is unnecessary to go through it ;
but the figures are here, for any gentleman who likes to look
at them, to show there is a very large amount of industrial
training carried on there,— perhaps not to the extent that
could be desired. (Hear, hear.) But it is for this board
T— Onvn WI; ++.4.1 not
members to get up here, who "are altogether unacquainted
with the ramifications of the school, and charge the School
Committee with neglecting their duty.?
Mr. Moss said they did nothing of the kind. It was a
mere suggestion.
_ _

Mr. fiuGHEs : I think this board and the town of Liver-
pool has a right to be proud of those schools, and I hope, as
the town increases in bulk and property, that those schools
will increase in usefulness.

Mr. Moss thought some of Mr. Hughes's remarks applied
to him. His suggestion was :thrown out in a friendly and
conciliatory spirit. He merely threw out the suggestion,
which was received by the board in good spirit, and was
considered at that time rather a valuable one. Now, Mr.
Hughes admitted that the establishment was far from
being in a . state of perfection, and he entered
into a long tirade, accusing gentlemen of im-
proper motives. He (Mr. Moss) might say, with respect
to the making of the clothes, there was so far a deficiency
that they did not make all required. It was only some time
back there was absolutely a proposal from the governor to
advertise for the making of children's linen, and latterly
there was a proposition to have the clogs made by con-
tract, so they were not absolutely in a position to provide
their own clothing. But, as he before observed, in Ireland
the industrial schools were compiratively nearly self-sup-
porting. Not only did they clothe themselves, but they
produced such a quantity of work of the best description, as
to bring in a very large amount of support to those institu-
tions.
Mr. MELLOR: They go without shoes and stockings there,
and they have no need to make them. (Laughter.)
Mr. Moss would not permit Mr. Mellor's interruptions.
Perhaps he was an advocate for children going without
shoes or stockings.
Mr. MELLOR : Mine go without them. (Laughter.)
Mr. Moss hoped the committee would take the matter
into consideration, and come to some practical resolution.
Mr. CARNE said his remarks applied more particularly to
females, and he thought it would be well if the committee
could suggest some mode by which females could be better
employed.
Mr. HUGHES had forgotten to say that 154 children had
been placed in service from those schools during the past
year.
Mr. GARDNER said there was a very great demand for
female servants from that establishment. They were so
well trained the public would not have servants from the
workhouse, and there was a decided preference given to the
females from the industrial schools. If they had double the
number of a fit age to be sent out to service they would be
taken.

Mr. Moss : Is the great demand for home use or expor-
tation ? (Laughter.)
Mr. GARDNER said the demand was for home consump-
tion, and he did not know where, but they were usefully
employed no doubt.
Mr. HUGHES : Forhome use, not consumption. (Laughter.)
The proceedinarere thEangsmilirTEE.

An application had been made for the use of one of the
hulks in the river for the use of cholera patients, which was
refused, but Lord Palmerston suggested that a hulk could
be placed at the disposal of the committee, if they fitted it
up. In consequence of the amount of accommodation which
could be spared in the workhouse, the committee declined to
do so. A letter was received by the committee from Julius
Ilefman, Secretary of the Society of Friends to Strangers
in Distress, thanking the committee for the generous and
kind solicitude shown for the comfort, &c., of the emi-
grants of the ship Isaac Wright, who had been attacked by
cholera.

Mr. BRADLEY, in moving the confirmation of the pro-
ceedings, said he was happy to state the health of the town
was in such a state as would enable the committee to post-
pone its further arrangements, and likewise to postpone their
meeting for ten days. With regard to the cholera cases in
the house they were strictly confined to German emigrants,
to the number of thirteen, and of those seven were in a
convalescent state, and the others were in a fair way for re-
covery.
The CHAIRMAN wished to ask, was it decided Asiatic
cholera.

Mr. BRADLEY : That which has attacked the German
emigrants, there is no doubt about it; but there was no case
in the town which we really could say was Asiatic cholera.
Some of them have :been extreme cases of English cholera,
but not Asiatic cholera.

The CHAIRMAN : None of our resident population have
been attacked.

Mr. BRADLEY : None, to the best of our belief ; and it
appeared in the case of the great bulk of the Germans their
systems, had received it before their arrival here. In many
instances they came and were attacked in 12 or 24 hours
after their arrival.

Mr: HUGHES : How do you account for that ?
Mr. BRADLEY : Their systems having been impregnated
with the disease previous to their arrival here.
Mr. Moss was unavoidably absent when the report of the
Medical Relief Committee was brought forward, but he had
read the report with great interest ; and he really thought
the management and conduct of the medical relief committee
deserved all praise, and really the gratitude of the town.
When they took into consideration the immense mass of
disagreeable employment they had, and the great risk they
rum personally, and all this performed from a. sense' of
public duty,. there was not.a. member .of the vestry but must
feel deeply Indebted to the members of the committee for
their valuable services—he did not want to individualise
members ; but he might say that great credit was due to

Mr. Bradley, the Chairman, for the energy, skill, persever4
ante and assiduity with which he had attended to the duties
of his office. (Hear, hear). In making those remarks, he
believed they were applicable in a minor degree to every
member of the committee, but Mr. Bradley from his skill, and
the indefatigable energy, which was a part of his character,
had been invaluable. (Hear, hear). He therefore proposed
that a vote of thanks be tendered to the committee, for the
assiduous, prompt, energetic and valuable services they had
rendered in consequence of the anticipated attack of Cholera,
and he had no doubt if the attack had really come, the
parish authorities from their admirable arrangements would
be perfectly ready to cope with it. This document was
valuable in another sense. Fears had been allayed ; the
public found they had a board there in conjunction with the
Health Committee, who were prepared at all points to meet
the attack.
Mr. KITCHEN bore testimony to the great exertions of
Mr. Bradley, and the other members of the Committee:
Mr. Bradley had devoted himself night and day to the duties
of the Medical Relief Committee.

Mr. HUGHES begged to second the vote of thanks, fully
concurring in all that had been said by the proposer.
Mr. GARDNER thought this vote of thanks ought to ema-
nate from the committee itself. (Great laughter, and cries
of " the Mayor of Wigan.") He thought the vote of thanks
was to the chairman. He thought it was due to Mr. Brad-
ley, but still he thought it was the province of the com-
mittee.

The CRAIRMAN remarked if it came from the vestry, the
civic crown would be more gracefully placed on the brow of
Mr. Bradley.
The motion was then carried by acclamation.
Mr. BRADLEY said he was taken quite by surprise. He
had no idea that anything of this kind would be brought
before the board, and he should be exceedingly. insensible if
he were not to feel, as he did, the vote of praise they had
given to him in conjunction with the committee. It would
be, perhaps, unbecoming in him to say they had done their
duty, but their work was before the vestry, and he believed
if at any time the town should be affected with the scourge,
they should be in a position to meet it. (Hear, hear.) He
again returned them his sincere thanks for the gratifying
manner in which the vestry had expressed its sentiments.
APPOINTMENT OF MEDIUM, Lomax..

The vestry then proceeded to the election of two medical
officers. For the office vacant by the death of Mr. Cripps
there were two candidates, Mr. J. A. Sumners and Mr. Jeph-
son, but it was stated the latter gentleman had. withdrawn
his name.

Mr. Moss said with regard to the medical officers a false
system of economy had been adopted by underpaying them,
and that was the reason why Mr. Jephson and others with-
drew, owing to the insignificant amount of salary offered.
Was it to be expected that any man like Mr. Jephson would
give up his private practice for £l4O per year ?
Mr. HUGHES said Mr. Moss's remarks were irregular.
The CHAIRMAN : We had better not perpetuate the irre-
gularity. (Hear, hear.)
Mr. HUGHES continued to say that Mr. Moss's remarks
would lead the public to believe that the vestry did not pay
such an amount of salary to medical men as would secure
the efficient services of gentlemen of that profession, That
ought not to go forth to the public uncontradicted. He
(Mr. Hughes) believed that the medical men hitherto em-
ployed by the board had discharged their duties efficiently,
and Mr. Sumners was quite competent to discharge all the
duties he would have to undertake.

Mr. BRADLEY concurred in the remarks made by Mr.
Moss.

Mr. Sumners was then elected medical officer in the
room of Mr. Cripps, deceased. Messrs. Laurence and Bar-
wise were elected medical dispensers at the North and South
dispensaries. Mr. Kelly's appointment as medical officer in
the room of Mr. Durkan was confirmed. The special com-
mittee appointed to inquire into the alleged interference of
the Rev. Mr. Fleetwood, the Roman Catholic clergyman,
with a Protestant pauper who- was on the point of death,
reported that Mr. Fleetwood acted under a misapprehension,
but acquitted him of any impropriety in connection with
the transaction.

On the motion of Mr. CAIINE the report was adopted.
Mr. DEyrox intimated that he would postpone asking the
question of which he had given notice, until the next meet-
ing of the vestry.
The proceedings then terminated.

COUNTY COURT.-YESTERDAY.

The Court sat at the usual hour yesterday,
NEEDHAM v Corr. William Needham, a car-driver,
summoned Mr. George Cott, of the Grecian Hotel, Dale-
street, for 15s, being a week's wages. The plaintiff stated
that he had employment in Kirkdale, in last September,
when the defendant sent for him, and offered to take him
into his service. The wages offered were 15s. a week, pro-
vided the plaintiff would undertake the cleaning of a horse
and cab, and 12s a week otherwise. Plaintiff stated that ho
amreed to the first proposition and obtained lea from f fh A
m whose employment he then was, to give up his
situation without the usual week's notice. On going to the
defendant's on Monday morning, the defendant told him he
had changed his mind, and did not require his services at
all. In consequence of this disappointment, the plaintiff
stated that he was three weeks out of employment. The
present action was therefore brought to recover one week's
wages from the defendant.—Mr. Grocott appeared on behalf
of Mr. Cott, who was examined, and admitted having en-
gaged the plaintiff, but stated that he sent a person named
Bond, immediately after, to tell him that he should not re-
quire his services. The defendant also denied that the
agreement had been for any more than 12s. a week.—The
plaintiff stated that he had received no such intimation as
that alleged by defendant.—Upon the part of the defendant,
application was made that the case should be adjourned, in
order to afford an opportunity of producing Bond, but his
Honor declined granting the request. A verdict was given
by the Court for the amount claimed by plaintiff.
KANE v HARKNESS.—In this case the plaintiff, who is a
beerseller, sought to recover 6s. Bd. from defendant, a la-
bourer, for beer which he -had supplied. The defendant
denied that he had got more than nine pints of beer at the
house ; but he appeared to have been recently drinking, and
could give no clear account of what quantity he had re-
ceived. Defendant's wife said that she had frequently
requested the plaintiff and his wife not to give credit to her
husband when he was intoxicated, but they had continued
to do so, and she could not tell what quantity of beer he
might have received.—Court : Nor can your husband either.
I fear he has been at the beerhouse this morning already.
If I encourage such men, by permitting them not to pay for
the drink they have had, it will only be the worse for their
families, for they will only go next week and spend all the
money they have got. What is your husband ? Mr. Hark-
ness stated that he was a labourer, and received 3s. 6d. a
day wages.—Court : I am very sorry that you will have to
suffer for his conduct, but I must give a verdict for this
amount.—Mrs. Harkness applied to have an order made
that the plaintiff should take the money in small payments,
as she had a large family to support.—Court : He shall take
it at one shilling a week.
MARY AIREY V. JACOB Gums. This was an action
brought by a servant named Mary Airey, against Jacob
Gillis, Bedford-place, Derby-road, for £2 19s. 6d. The
plaintiff was examined, and deposed that the claim was for
wages due to her by the.defendant: and also for the value
of a shawl and a victorine belonging to her, which Mrs.
Gillis had taken. Plaintiff stated that Mrs. Gillis was
going across the water one night, and that she borrowed
the shawl which she never returned, although plaintiff asked
her for it several times. The victorine she took upon •
another occasion, and said that she had lost it. The plain-
tiff added that her mistress had been constantly in the habit
of wearing her clothes. Mrs. Gillis appeared on the part of
her husband, and handed in a paper containing an account
of money lent to the plaintiff, of a doctor's bll paid for her,
and sundry small articles of female attire belonging to
witness, which the plaintiff had taken. A month's wages•
was also deducted on account of the plaintiff having left
UM. 0,1 v laet, v• itaAse —1 es +l,
was reduced to ten shillings, whicli sum defendant had
paid into court. His Honor : This I presume is an article
of dress, which I see mentioned here, a horse-hair bustle ?
Mrs. Gillis replied that it was, and that the plaintiff had
taken it. The plaintiff said that when they were shifting
some furniture, there was an old bustle lying upon the bed,
which she took, but it did not belong to Mrs. Gillis. Mrs.
Gillis told her she had taken her bustle, but plaintiff denied
that it was hers. The plaintiff admitted that sbe had had
the attendance of a doctor. His Honor : There is a state-
ment about your having left your place without notice.
I am obliged to ask you why you did so. The plaintiff
statedthat she had several times told her mistress she 'would
leave, and the reason was that a young gentleman used to
come to the house against the consent of his relatives, and
she had to let him in and out at late hours. One day,
plaintiff stated she went into the parl.oar ' unawares', when
this young gentleman was there, and she saw Mrs.
Gillis sitting with him, and from what she observed,
she thought it was not right to stay in the house
any longer. Mrs. Gillis's husband was captain of
a ship. A gentleman was examined, who deposed that
he had lodged in the house for six months, and that he was
aware of the plaintiff having been absent from her business
for several days without any cause, after which, her mis-
tress consented, at her request, to take her back. As to
anything. improper occurring in the house, he could swear
that during the six months he had lodged there, he never
saw anything of the kind. Plaintiff said the witness was
not in the house at the time the young gentleman was there.
She told her mistress that the neighbours all spoke of her
as being guilty of improper conduct, but she replied she did
not mind what they said. The plaintiff also stated that Mrs.
Gillis had been seen in the bedroom of the gentleman who
had just given'evidence. His Honor: You had better not go
into these matters. After receiving the papers handed in,
his Honor said he would give Mrs. Gillis credit for the
doctor's bill and for the leaving without notice. This would
leave £1 10s. to be accounted for, of which he should allow
Bs. for the shawl and 10s. for the victorine. The verdict
would therefore be for D. 10s., which Mrs. Gillis could
reduce to 12s. by giving up the shawl and victorine, which
was very little more than the money she had paid into court.
The plaintiff commenced to complain of the smallness of the
sum which she was to receive for her services. His Honor :
But you had a hair hustle, you know. (Laughter.)
NEEDHAM a. Corr.—ln this case ?4r. Grocott applied for
a new trial, to produce evidence; defendant t pay the costs.
The court granted the application, and fixed the hearing
for one o'clock this day.

COURT OF PASSAGE. --YESTERDAY. ESTERDAY.

(Before EDWARD JAMES, Esq., Q.C:, Assessor.)

The Court sat at nine o'cloCk this morning.
GORMLY v. HILL AND ANOTHER.—The plaintiff is a ship-
broker in this town, and the defendants are emigration
agents, carrying on business under the firm of Charles Hill
and Co. ; and the action was brought to recover £52 10s.,
amount of commission on several vessels chartered by the
plaintiff for the defendants. From the statement of Mr.
Millward, who, with Mr. Woodburn, appeared for the plain-
tiff, it appeared that Mr. Hill authorised him, in April last,
to charter the vessel Blanche, which he succeeded in doing
with Messrs. Kirk and Furness for £7OO. He subsequently,
by Mr. Hill's directions, chartered another vessel called the
Equator for a like sum of £7OO ; but in addition to his corn:.
mission on this sum, he was also to obtain a like commission
from the owner of the vessel, Mr. Mulvine. That commis
sion he allowed to be paid into the hands of the defendants,
on the understanding that they would pay it over to him in
two days ; and on their refusing to do so, or to pay him his
commission of 2i per cent. on the Blanche and Equator, he
brought the present action to recover the full amount of the
three sums, £52 10s. On the other hand, the defendants,
for whom Mr. Aspinall, instructed by Mr. Forshaw, apT
peured, alleged that they had never employed the plaintiff
to charter the Blanche, and that a Mr. Walker, whom they
had paid, had done so. With regard to the Equator, the
agreement entered into with the plaintiff by Mr. Tracey,
one of the defendants, was that he was to be paid £lO for
chartering her ; and it was also arranged that when Mr.
Mulvine had paid the 24 per cent. into their hands, one-half
of the amount should be handed over to the plaintiff. Ac-
cordingly only £18.155. would be due to him, and that sum
the defendants lodged in court as the amount of their
liability. Several witnesses were examined, to prove these
statements, pro and con ; but neither party prdduced Mrr
Mulvine. The jury, after brief deliberation, returned a ver-
dict for the plaintiff, for the full amount claimed.

_ -
CUSTOM TARES. WOODALL AND ANOTHER, v. SCHILLIZZI
AND ANOTHER.-Mr. Woodward opened the pleadings.
The plaintiffs were Mr. Joseph Woodall and Mr. Anthony
Jones, and the defendants Schillizzi and Co.; and the deck=
ration was for money paid, money had and received, and an
account stated.

Mr. SIMON stated-the case. The plaintiffs, Woodall and
Co., are extensive wholesale groders, carrying on business in
this town, and the defendants are Greek merchants and
importers from all parts of the Mediterranean, carrying on
business in an extensive way ; and the present action was
brought to recover an over-payment made by the plaintiffs
to the defendants, oira quantity of currants. On the 14th
of June last, the plaintiffs purchased from a broker, Mr
Badenach, who was acting for the defendants, a quantity of
currants, which were about to arrive in a vessel called the
" Taurus," from Syria. The contract note was signed and
delivered, and as the case might turn on a point of law, hp
(counsel) would merely direct attention to the material part
of the document in which it specified, that the currants were
to be taken at the "landing weights, with the Customs'
Tares." On the day after the contract was signed, £2OO
was paid, and some days after the balance, £6OO, was paid
and the currants, consisting of 167 cwts., were accordingl'
delivered to Messrs. Woodall and Co. as they required them
The plaintiffs purchased these currants as they were in th
habit of purchasing similar articles, for the purpose of re
sale in bond on the same conditions on which they becam
the purchasers ; and if any error were subsequently dis`
covered either in the weighing or taring, the jury woul
agree with him in saying that it was their right to call upo
the defendants to rectify that error, and to give them any
redress they might be entitled to in consequence. The plain«
tiffs, after the delivery of the currants, sold a small portion
of them to, differnt customers of theirs, but they had
scarcely sent out the goods,than theyreceivedcommunications
complaining of the incorrectness of the taring. The plain-
tiffs went to the defendants—told them of the• complaints,
and represented that there should be some error in the taring,
but the defendant refused them any redress, merely referring
them to the contract, according to which, they alleged, they
had acted. A correspondence then took-place between flip
parties, and the plaintiffs required that the remain-
ing barrels, 30 barrels having been only disposed of,
should be re-tared, by which it would be discovered
whether the error existed or not. This the defendants
refused, and the plaintiffs had accordingly to take upon them:-
selves the duty of re-taring. They accordingly did so, fuAt
giving notice to the defendants, and they then discovered that
the tares instead of 101bs. the cwt., as they first were, shoul
have been 141bs, thus entailing a loss of 41bs. in every cw .
I The learned counsel then described how the tares were take
at the Custom-house, and observed that as the importers always
received a foreign invoice specifying accurately the tare of
each package, had that invoice been forwarded any cause
for the present action would have been obviated. • ;
Mr. Woodall was then examined by Mr. MILLwAnD :
Tic, rippnwa to hiving purchased the currants, and to having
paid to the defendants for them £832 16s. 2d. Sold out
portions of the currants from time to time, and having re-
ceived communications in reference to the tares, complained
to the defendants on the subject. The defendants refused to
alter the tares. There is a different meaning attached by the
trade to the terms " allowed tare," and " tare allowed.'
The expression " landing weights with Custom tares," is a
common expression, but has no particular meaning in the
trade. Custom tares in the trade mean actual taring. After
the aapount was settled the defendants sent in another in-
voice. The witness then described 'the re-taring of the
currants, and the finding of a deficiency in every case of 41bs.
Cross-exailined by Mr. ASPINALL : If a contract were
received with the words " actual tares," it would mean that
every package should be tared, but it did not always mean
that. "Average tares" and " actual tares," though they do
not mean the same thing, yet come to the same in the
end. In fruit the Customs never allow "actual tares." The
difference in the invoice was in the change of two packages
of currants.
Mr. Badenach examined by Mr. SIMON : Is a fruit broker
and acted in this instance for the defendants. There is no
meaning attached to " Custom's tares" other than the or-
dinary meaning. Is not aware of any such term in contracts
as " allowed tares." Is aware of such a term as " average
tares," which is a mode of arriving at actual tares as nearly,
and in as easy a manner, as possible. Is not sware that
there are different modes of taring in the Customs. The
Customs' mode is to turn out a number of the packages, and
ascertain by average the actual tares as nearly as possible.
Cross-examined by Mr, ASPINALL : Is aware that the
Customs always tare butts and carrateels of currants by per
centage. The Customs and the merchant very frequently
agree on the tares.
Mr. Fletcher, examined by Mr. MILLWARD : Has been a
fruit broker for many years. In the fruit trade, the tare upon
currants is a peculiar tare. On butts and carrateels one parti-
cular tare is allowed-18 per cent on the butts, and 20 per
cent on carrateels. That is a well understood tare in the -
trade. There is no particular tare allowed for barrels, boxes,
or pipes —it is by a per centage taken from an average num- •
ber. These tares are taken between the importer and the
Customs. That is for the purpose of paying duty, but it
is:usual, he believes, to receive foreign invoices, giving the
actual tares.
_ _ _

Mr. 'Rich, examined by Mr. Slmorf : Is an officer of Cus-
toms. Was the Landing Surveyor when these goods were
landed. The taring was agreed upon, and there was no
performance or turning out. Taring was done by judgment
founded on experience. A party attended on behalf of the
defendants. Did not show the Invoice he had received, nor
did he mention it. There are two modes in the Customs of
arriving at an actual result—average tares and actual tares.
These are the tares known to the public, but there is another
called " allowed tares." There were currants from the same
ships for other parties. The casks were smaller and of,lighter
material than those for Schillizzi. The taring on them was
15 per cent., and was done by allowance.
Mr. Green examined by Mr. Mxr,LwApr, • Th. witneog
stated that he had twelve years experience in the fruit trade:
.0 °lark to a frait broker, and that the trade recog-
nised two tares— Customs tares," and " customary tares,'
differing from each other. Customs tares mean actual'
tares arrived at by experiment. They receive an invoice from
abroad, giving the tares, and if the Customs will not allow
these, the packages must be tared by experiment.
Cross-examined by Mr, AsprisALL : Remember but one
case where the tares were allowed by agreement, but the
foreign invoice was then produced. Thinks those tares were
" Custams tares."

Mr. Gerard Gellard was also examined, but he stated that
in fruit the Customs tares were alwaye taken by agreement.
Cross-examined by Mr. ALPINALL : The invoices are sent
to a merchant or importer, not to an agent.
Mr. Schillizzi was then called on subpcena, but did not
appear.
Mr. Walker, a clerk in the defendants' employment, was
examined, and stated that they had received no invoice with
the currants, inasmuch as they were only the agents in the
matter for a house in Manchester.

There being such a diversity of opinion amongst the
witnesses as to what were or were not « Custom tares," and
whether or not they had a particular meaning in the trade
in contradistinction to actual and averege tares, that the
counsel at this stage of proceedings elected to take a non-
suit, rather than allow the case to go to the jury.
BAINBRIGGD V. lIALLCROSS.-111r. Millward, instructed
by Messrs. Lace and Co., appeared for the plaintiff; ani
Mr. Blair, and Mr. McAubrey, instructed by Mr. Snowball
were for the defendant. The action was brought to recover
£2O under the following peculiar cireuinstnnces. The plain-
tiff is teller or cashier in tne branch Bank of England it
this town, and the defendant is managing clerk of
Smiths, Brothers and Co., also of Liverpool. On the 20t1
of last August, the defendant presented at the Bank a chequi
of the house 'of Lawrence, Mortimer and Co„ for £lOO6,
and requested the plaintiff to give him change for it. Being
asked how he would like the change, he replied that he
would have some of it in. half-sovereigns and silver, as i;
was pay day with their men. The plaintiff accordingly
handed him £9OO in notes and. £2o.in silver, to take away
which he
.borrowed a bag from the plaintiff. The plain-
tiff then entered the number of the notes in his books, and
when he had done so, he placed, as he alleged, £5O in hall-
sovereigns in the scale and weighed them. Finding then
correct, he took out the weights, and put £5O more of Sove-
reigns into the empty scales, and seeing, that the scale
halanced, he, forgetting' that .he had paid £2O in silver,
handed over the £lOO worth of sovereigns to the-defendant,
thus overpaying the cheque by £2O. On making
up his cash in the evening, he discovered that ae

was £2O short, and that the error was in his gold. He
then bethought himsel of his transaction with the defendant,
and applied to him for the amount over-paid. The defen-
dant, who had paid away nearly £lOO in wages almost im-
mediately after the cheque was cashed, denied having been
over-paid ; and the present action was accordingly brought
by the plaintiff to recover the £2O which he alleged he had
so over-paid. Several witnesses were examined, as were
also the plaintiff and the defendant themselves, who were
equally distinct and possitive in their statements. Mr. Blair
made a very cogent address in opening the case for the
defence, forcibly pointing out that which it was probability
and inference on the one side, there was a distinct denial on
the other, and that while the fallibility of the plaintiff was
merely involved, the character and reputation of the defendant
depended on the issue. The jury returned a verdict for the
defendant.

The court, on rising, adjourned to 9 o'clock this morning.

POLICE COURT,-YESTERDAY.

TILE EMBEZZLEMENT AT TRAIN & CO'S.—Tames St. Aubyn
Quinn was again placed at the bar upon the charge of em-
bezzlement. He was defended by Mr. Chilton.
The first witness examined was Mr. Henry Gerrard, clerk
to Messrs. Troyer, Trinholme' Co. He said that he could
not recognize the prisoner, but had an indistinct recollection
of paying him monies on the account of his employers. He
had taken a receipt which he produced now, and the person
to whom he had paid the money signed that receipt. The
amount paid was £162 Gs. 4d.

Mr. Shaw, Messrs. Train & Co's. cashier, proved that the
name signed to the receipt produced, was in the handwriting
of the prisoner. He said on being cross-examined that
prisoner had been freight clerk to the firm, at a salary of
£6O per annum, and it was part of his duty to account to
the cash keeper for all monies received as soon as possible.

Samuel McKittrick deposed to paying witness on account
of Messrs. Ho'Unshed, Tetley & Co., for freight and porter-
age on the 28th and 29th of June, £834 15s. Bd. ; the
witness identified the prisoner as the party to whom he had
paid the money.

William Mason produced receipts; fnr ss. 3d. aid on Wi
lliam
Barber, own account, and for £46 4s. 6d. paid for Mr.
Barber, and Mr. Shaw identified the name signed to these
receipts as being in the handwriting of the prisoner.

Hugo Jones remembered paying Messrs. Train's cleric
£l2O 138'. 2d. for Messrs. George Holt & Co., he produced
the receipts, and Mr. Shaw again identified the handwriting
of the prisoner, and then proved that the latter had not
accounted for any of these sums of money.
Mr. Chilton said he would reserve the prisoner's defence
for another place, and the prisoner was then /ally committed
to take his trial at the sessions.

PICKING Pocxxrs :—Eden Harris, William Wright and
David Drewc, three juvenile thieves, were charged with
picking pockets at a quarter before seven on Monday night,
in Scotland Place. Two of the detective force had upon that
evening been watching them for a considerable time,. and
saw them attempting to pick several ladies' and gentlemen's
pockets in Richmond Place, and they then saw them go into
a shop and change a half-sovereign; they afterwards stopped
in Richmond road, and they heard one of the male prisoners
say to the girl " that will be your shove ;" shortly afterwards
they heard a young woman of the name of Ann Bay had
had her pocket picked. Ann Ray on being examined, said,
she lost a new six-pence, a two-shilling piece, one sovereign,
and two half-sovereigns, on Monday evening, under the cir-
cumstances stated.: They immediately arrested the prisoners.
When they were arrested they had upon them one half,
sovereign and a new six-pence.
The .mother of the female prisoner came forward and said
that the child took the money out of her pocket to keep it for
her whilst she was drunk the day before.
The Magistrate said it was a very bad excuse, and that th'e
girl was an evil disposed child. The prisoners Ellen Ham's
and William Wright, being previously known to the policb,
were sentenced to three months' imprisonment, and Drew to
one month's imprisonment.
STEALING A WATCH.—EmiIy Mason, a prostitute, was
charged by officer 764, with stealing a watch from a gentle-
man in Stone-street, the night before. As the watch was
not found she was remanded.

ONE OF THE SWELL Mon.-William Edwoods was
charged by officer 58, with being a suspicious character, and
frequenting the public streets with intent to commit a
felony.
The officer said that he had watched the prisoner up to 10
o'clock, following four prostitutes, with whom he was in
league. Just then, some of the fair frail ones got hold of
an old gentleman who was intoxicated, and were leading
him up a dark street, followed by the prisoner, when witness
interfered, and arrested the prisoner, upon whom was found
the sum of £4 11s.

He was committed to gaol for one month, as a rogue and
a vagabond.
STEALING A SPOON.—Elizabeth Atherton was convicted
of stealing a silver spoon, the property of Mrs. Clarke, 22,
Withburgh-street. She had pledged it with a pawnbroker in
Marybone, for 4s. 6d. The prisoner was ordered to pay the
value, 4s. 6. and 30s. fine, or in default to be imprisoned
for one month.
SrSTEALING WEARING APPAREL.—Elizabeth Gibson was
remanded, charged with stealing three bonnets, a brooch,
and several valuable rings, the property of Mrs. Wallace, 3,
Blake-street, with whom she lived as servant.
ROBBERY OF COTTON.—John Simmons was arrested in
Walker-street, on Monday, afternoon, with a quantity of
cotton on his back, concealed by a parcel of hay over
it.

The officer said he heard the prisoner shout outtoa person
driving a spring cart, and suspecting that all was not right,
he arrested him, and afterwards found that the cotton be-
longed to Mr. William Swift, who had missed about 1 cwt:
weight that day. The prisoner had formerly been in Mr.
Swift's employment. He was sentenced to 2 month's im-
prisonment
A CHILD'S EDUCATION.—Anne Steward and William
Kerr were charged with passing base coin, through the me=
dium of a little child, scarcely ree years old.
This wretched infant had passed a bad sixpence in the
spirit vaults of Mr. William Robinson, Vauxhall-road, and
was arrested when trying to pass another in the same place .
The prisoner's house was searched, and an iron spoon,
such as is used in melting the metal for coining was found
there, but nothing else.
The case not being very clear, the prisoners were dis -
charged.

LIVERPOOL MARKETS.—YESTERDAY.
(Written expressly for the Northern Daily Times.)

SUGAR.—The market this day has been very quiet, and the
business confined to 70 hhds. Antigua, at 31s. 9d. to 35 per
cwt.

Rum.—Nothing further of import has transpired in this
article.

MoLassFs.-30 puncheons middling Antigua have been
sold at 16s. 6d. per cwt.
COFFEE.—At auction to-day, there was little or no dis-
position to purchase the Jamaica offered, being chiefly of fine
quality, which is not wanted ; and only a few barrels were
disposed of.

RICE.-2,000 bags Aracan have realised 12s. 6d. ; and at
auction 950 bags, with all faults, brought Bs. 6d. to 11s. 6d.
per cwt. for 3rd to Ist class damaged,

In other articles we have to report 100 tons SAGO FLOUR,
to arrive at 21s. per. cwt.; 100 bags Bombay LINSEED, all
faults, at 525. 6d. per quarter ; 9O Coils Coin ROPE, at £l7
ss. to £lB ss. for stained, to £2l 15s. for sound, and 6 tons
Bombay HEMP all faults, at £l6 ss. to £l7 per ton.
TEA.—The market has been rather excited, and purchases
have been made both on speculation account, and by the
trade, in Congou at advancing prices. Common are firm at
11-1-d.; Ho How,and other descriptions are also quoted id. per
lb. higher.
HinEe.—About 3,200 East India kips sold to-day at fair
dry salted, at 81d. to B,ld. ; 766 Bnfalo Hides, at 41 ; 439
Salted River plate at ox and cow, at 4.1 d. to sd. ; 500 dry
Bahia, at 54d. to bid. per lb. •, and 500 dry River plate Horse
datiaged, at Is. to 3s. 3d. each.

TALLow.-250 pipes S. A. have been sold at 575. to 675.
6d. per cwt. for fair to good.

CorroN.—The sales to-day are 5,000 bales, 500 of which
have been taken for export. The sales include 100 Pernams
and Maranhams, 61d. to 71-d.; 700 Egyptians, 61d. to 9id. ;
700 Surats, 3d. to 4id. There is no change whatever in the
market, which closes steadily.