The Northern Daily Times.
Liverpool, Merseyside, England, 1853-10-15 00:00:00

COUNTY COURT.-YESTERDAY.

ple readyto take up arms, as marauders and rebels,
against the peace of the world.
Here is a page in our history slightly in an-

ticipation of au event which will entail indelible
disgrace on the Englishman who, at this momen-
tous period, will be found subsidizing the foes
of his country, now rising so triumphantly above
the barbarism of the Austrian and Russian des-
potisms. We are fully prepared to•meet the plain
fact, that Englishmen " may do what they like with
their own," and to admit the strong induceinent
which the prospect of remunerative investment for
capital holds out. There are exceptions, however,
to both the right of the subject, and to the neces-
sities of the capitalists. The former, we have
alreadyshown, while the latter can only be met by
examining carefully the prospect of the profit
sought to be attained.
In holding up to the world statements of
finance, Austria deals largely in round num-
bers, and it is from these statements, made up
for the occasion, that we have to draw our conclu-
sions. The return put forth by the London Times,
though meant for a feeler, is not very encourage-

ing

The mercantile advices from Vienna, of the 7th instant,
show an increase of financial embarrassment in that city.
The lowest rate of discount for the best bills was 7 per cent.,
and the Austrian Bank were refused three-fourths of those
offered. The rate of exchange on London had at the same
time advanced from 10.50 to 11. It is remarked that, not-
withstanding the gloomy appearance of affairs, their termi-
nation in war was still disbelieved. The following return
from the bank for the quarter just ended, shows that its po-
sition has not improved :

July, August. September.
Silver Florins 44,741,063 44,677,652 44,577,887
Notes in circu-

lation 191,194,953 191,932,652 192,554,231
Billsdiseounted 48,582,208 51,225,229 54,480,088
Advances on
Government
Funds 20,062,500 20,566,600 21,813,400
Ditto to Go-

vernment 124,693,886 124,693,886 123,202,288
The records of our Bankruptcy • Court will
scarcely supply a more extravagant case of " over-
trading and speculation" without capital or a
prospect of meeting engagements. Forty four
millions of florins, or say £4,500,000 English, is the
actual cash-in-hand of a . state, with nearly as
many millions of inhabitants, and a standing army
of upwards of 500,000 men, a prodigal court, an
extravagant government, and a voluptuous aris-
tocracy. What an exhibition of rottenness and
instability will the capitalist,. who advances his
money, have here to deal with ! The whole 44,000,000
florins, if distributed amongst the population,
would barely sustain life for forty-eight hours.
If carried to the military chest of the Empire, it
would sustain its army for something short of
fourteen days. If given up to the personal wants
of the Austrian Emperor, his government and
aristocracy, •by strict 'economy it might supply
their necessities for three months ; and
.if applied
to the pastoral pursuits of the country, it might
swell its production to the extent of one i krutzer
per acre. -

The Englishman who would advance hiS money
to a country in this position—to say nothing of
the strong national gro.unds to be urged against
a loan to Austria under any circumstances—should
be held up to public execration, if there is no law
on the statute-book to restrain him from an act
of wanton treachery to his country„ The contract
for -the-loan, we are told, forsooth, is to terminate-
in the event of. the occurrence of an-European
war, but this paltry proviso merely 'SeCtires the
contractor against contingencies. It amounts to
no guarantee :to the English people, that the
money once raised and handed over to the
Austrian despot, will not be at once placed at the
disposal of Russia, or employed by Austria herself
in war against this country. Let us hope then,
that the good sense, national feeling, and natural
aversion of the British public to intolerance and
cruelty, will defeat this nefarious scheme.

DEATH FROM THE EFFECTS OF DRUNKENNESS.—A
woman whose name is supposed to be Harriet Ancleston, was
brought to the Southern Hospital, between 4 and 6 o'clock
yesterday morning, by inspector Tomlinson, and officer 779.
She was in a state of drunkenness, and died about half-past
eleven. Her residence is at present unknown.
ROBBERY AT BERLIN.—Last evening, J. W .Win ter,
a Prussian, charged with absconding with £6OO from Berlin,
was apprehended on the landing stage, by Marks, of the
detective office. Winter, when apprehended, was " armed
to the teeth." The greater portion of the stolen money was
found upon him.
SUDDEN DEATH.—Yesterday morning Samuel
Webster, Captain of one of the steam tugs, after .docking
his ship in the Prince's Dock, went 'to his residence in
Edmond-street, to have breakfast. He took a small quantity
of brandy—partly took off his clothes and lay down. After
a little time he got up for the purpose of taking more brandy,
and whilst engaged in doing so, he fell down on the floor in
something like a fit. Dr. Osborne was promptly sent for,
and was immediately in attendance, but before his arrival
life was extinct.

OVERLAYING A CHILD.—On the evening of Thurs-
day, a woman named M'Donagh, residing in Charter-street
with her husband and three children, retired for the night
into one bed. The husband was drunk, and the wife had
also been drinking. The latter placed her youngest child,
Mary Ann M'Donagh, on her right arm, and when she
awoke at five o'clock yesterday ,morniug, she found she had
lain upon the child and smothered it.

•
REPORTED 'MURDER AND SUICIDE ON THE HIGH
SEAS.—Yesterday morning, at half-past nine o'clock, the
ship Countess of -Winton arrived in the Mersey from China.
She was brought home by the second mate, who states that
on the outward voyage the captain was fatally stabbed by
first mate, on the quarter deck. The crew were rushing aft
to put him in irons, when he jumped over-board and was
drowned.

DEATH FROM EXPOSURE TO COLD.—Yesterday an
inquest was holden on the body of Honoria Hayes, a child
four years old. Her sister, Mary Hayes, said she came from-
Cork to Liverpool yesterday week, for the purpose of
emigrating to America. Mr. George Kemp, surgeon, said,
he had made a post-mortem examination of the body, and
found the cause of death to have been pulmonary consumption
accelerated by exposure to cold and want of suitable clothing
and proper food, and that, with care, she might have lived
from three to six months longer. The jury found a verdict
according to this evidence. In returning this verdict, the
jury remarked, that they considered the parties sending the
child on shore were blameable, inasmuch as the exposure to
cold caused the child's death.
DR. HUME'S LECTURE ON AUSTRALlA.—Yester-
day evening, Dr. Hume delivered his Lecture upon Austra-
lia, in St. John's School-room, Oliver-street, Birkenhead,
before an auditory not numerous, but fashionable and res-
pectable. -The learned Lecturer gave an able sketch of the
history of this interesting region, to which the eyes of the
world are now turned, from its first Battlement in 1787, to
the present time. He dwelt upon the condition of the abo-
rigines—their habits and customs when the country was
discovered,—gave a forcible picture of its present singular
state of society, and then dwelt with eloquence upon the
magnificent career which appeared to lie before it, and
seemed to be its destiny. This Lecture, at once interesting
and highly instructive, was illustrated by a valuable and
well-selected museum, comprising many of the warlike and
domestic instruments of the aborigines of Australasia.
PUBLICANS AND BEERSELLERS' CASES.—Jane Lan-
gan, publican, corner of Porter-street, Waterloo-road, was
yesterday summoned for selling after hours, on Monday
evening. Mr. Chilton appeared for the defence, which was,
that this was a concert-room, and that, in letting out the
" professionals," who perform, non-professional persons got
in, but against the will and consent of the proprietoress.
The police said that when they came in there were two
glasses of ale, one of rum, and one of gingerette on the
counter; and four men stood there, two of whom were
" mancatchers." Fined 20s and costs. The following beer-
house ke6pers were fined for Sunday trading•:—Patrick
Byrnes, Porter-street, fined 2s. 6d. and 2s. 6d, costs ; Thos.
Jones, Bevington Bush, 40s. ; Jane Thomas, Highfield-
street, ss. ; Margaret Norton, Albion-street, 10s. ; Elizabeth
Joyce, Mason's Row, Gloucester-street, 20s. ; Richard
Banks, Grafton-street, ss. ; Samuel Pope, Upper Man-
street, 10s.
EIGHT TONS' WEIGHT OF MONEY FOR CEYLON.—
On Wednesday, four waggons arrived at the Waterloo-read
terminus of the London and South-Western Railway, each
containing two tons' weight of the current coin of the
. realm, the whole weighing eight tons. The'' inner was
-sent • nut- -et the tMintThintler the superintendence of Sir
John Herschel!, the governor. The packages containing
the money were placed on a special train and conveyed to
Southampton, from which port the same is to be shipped
for Ceylon, .

N BEFORE JOSEPH POLLQCK, ESQ.
COLLISIO/ON THE RIVER.—AIKEN AND OTHERS V BAINES.
•L-The action was brOught to recover £SO, for damage sus-.
iained by the " Defiance" steam-tug, through the " Marco
Polo " coming into collision with her on the night of the
27th Neiember,-1852. From the statement of Mr. Aspinall,
barrister, who appeared, for the plaintiffs (the Steam-tug
Company) it appeared that the "Marco Polo" had come into
the Pool on the morning of the night in question, and that
the collision, for which compensation was now sought, oc-
curred while the crew were endeavouring to get her into the
Albert Dock, It further appeared that the night was a very
boisterous one, and the anchor of the " Marco, Polo" not
being thoroughly hove up, but allowed to drag through the
water, it caught the chain of the " Defiance," which was
moored in the, river, and thus inflicted the injuries com-
plained of. A number of witnesses were examined to prove
these facts, and the damage sustained by the " Defiance ;"
and ono- of-them, William Thomas, captain of the 2' Samp-
son," lying, at the time of the accident, immediately a-head
of the Marco Polo," deposed to having heard the captain
of the last named vessel give' Orders to weigh anchor.
Mr.. FORSHAVir appeared for the defendant, Mr. James
Baines, owner of the Marco Polo," and while admitting
the fact of the collision and the damage sustained by the
" Defiance," contended that his client could not be held
liable for the accident, as through the negligence of the crew,
inasmuch as there was a licensed pilot on board, and the
crew accordingly acted, as they were bound to do, under his
directions. Captain M'Donnell, now masterpf the " Marco
Polo;" was first examined. He stated that at the time of
the collision he was first mate on board of her, and that
though he conceived the course adopted by the pilotin get-
ting the vessel into dock was imprudent, still he did not
remonstrate with him, because he conceived the pilot respon-
sible foL• the safety of the -vessel. On cross-examination by
Mr. Aspinall, the witness stated that he did not believe he
would be justified in interfering with a licensed pilot once'
the vessel was given in charge to him, unless the, danger
were imminent, or the conduct of the pilot the result of mad-
ness. Captain Forbes was then examined. He stated that
he was the captain of the " Marco Polo" on her first voyage,
and that he arrived in the river on the morning of the 27th.
He left the vessel at one o'clock that day, and told the pilot
that he wanted to have her docked that night, and not to allow
his absence, in case he should not return, to prevent him
from doing so. He was on the Pier-head on the night in
question, between eight and eleven o'clock, and seeing the
mess into which the "Marco Polo" had, got with the
steamers in the river, he took a boat and went on board of
her. On getting on board he called out to the master of the
" Sampson" to get a-head as far as he possibly could, to
prevent further accident. On cross-examination by Mr.
Aspinall, the witness said it was entirely in the discretion of
the pilot whether or' not the vessel should be docked that
night. The witness merely expressed a wish, but the pilot
was not bound to be guided by it.
Mr. ASPINALL suggested that the Court should ask the
witness, whether or not, the " Marco Polo " being a vessel
of some notoriety, risks were riot run to preserve her charac-
ter.

Captain Forinns replied that he had never run any risk,
but that he had always saved his time; and if he had ever
erred, he had erred on the safe side. •
Mr. ASPINALL urged that the defendant had not made out
a sufficient case of justification, inasmuch as he had not
shoWn that the orders given by the pilot were not manifestly
imprudent.
His HONOUR observed that the plaintiffs having proved
the collision and the damage, the onus was then thrown on
the defendant to prove that t was done by the order of the
pilot. The defendant had done that, and accordingly the
mini in its turn was thrown on the plaintiffs, 'to show that
the orders of the pilot •were given from some incapacity, or
negligence on the part of the crew. The defendant was not
bound to prove that point; he had relieved himself, accord-
ing to 'the Corirt's view of the law, when he proved that he
was obeying the orders of the pilot, and those orders the
Court was bound to suppose, until the contrary were shown,
were riot manifestly or openly wrong.
Mr. ASPINALL then proceeded to urge that there was a
point before the danger became manifest, at • which it be-
came the duty of the crew to resist the orders of the pilot,
and that that point had occurred in the present instance.
His HONOR said that he did not think it was at all neces-
sary in this case 'to decide whether or not there was a period
when it became the duty of the crew to remonstrate with, or
even to disobey the orders of the pilot, though at the same time
he was not prepared to say that it might not become the
duty of the crew to do so. But he thought that that should
be a case of manifest and gross negligence, or of manifest and
gross incapacity on the part of the pilot. His impression
-was that the course adopted by the pilot was an imprudent
one, and therefore might be termed an improper one ; but
it was not so manifestly and clearly imprudent as to render
it the duty of the mate, or other officer in 'charge, to dis-
obey his ordeis, or remonstrate with him. He found, upon
the evidence of the case, that the vessel had been given in
charge to a duly licensed pilot—that the mate was acting
under the orders of that . pilot throughout, and
.that though
the orders of the pilot so given were not such as the mate
xkould in his own judgment have adopted, yet that they were
not so manifestly and clearly wrong as to induce him to be-
lieve that danger would necessarily ensue. He differed in
judgment with the pilot on the course adopted, but did not
interfere, the danger not being imminent ; and therefore
acting under the direction of the pilot, he could not be held
liable for the error of judgment which led to the accident.
That was his (his Honour's) present impression. He would,
however, look into the caseslo which his attention had been
directed by Mr. Aspinall ; and though he was by no means
prepared to say that there 'might not be a point at which it
was the duty of _ the crew 'to disobey, yet he did not think
that this was one of those cases. He believed that an error
of judgment had been committed, bat that that error was
not one so' plainly wrong as to entitle the mate to disobey
the orders of the pilot. He was therefore of opinion that the
defendant was protected by the act of parliament, and that
the responsibility of the pilot was solely attachable in the
case. -In conclusion his Honour stated that he would defer
giving judgment.
The Court, at its rising, adjourned to 10 o'clock, on
Monday.

IRON MASTERS' QUARTERLY MEETING,

The usual quarterly meeting of the Iron Masters of the
Birmingham districts have been held during the present
week at Walsall, Wolverhampton, and Birmingham. The
attemlance at Wolverhampton exceeded the average on such
occasions, and included the representatives of several Lon-
don and Liverpool houses. The largeness of the assembly is,
in all probability, to be attributed to the peculiarly unpleasant
state into which the trade has been plunged, and the diffi-
culties entailed upon principles by reason of the recent strikes
of the colliers, and the demands for advanced wages which
have been made by them.
Prior to the ordinary public assembly, a very important
meeting of the heads of the iron and coal trades was held,
whereat the unanimous resolve was, that in the matter of
the wages paid to the thin coal colliers no further advance
whatever should be conceded, which resolution is completely
concurrent with that agreed upon by the thick coal masters at
their meeting at West Bromwich, last Friday. The employers
say that the time has arrived when it is absolutely impera-
tive that there should be unanimity, firmness, and deter-
mination on the part of the trade ; they state that conces-
sion after concession made to the men in the most liberal
spirit by the employers, has only bemotten new and more
unjustifiable demands, until at last, if further advances were
made, it would be impossible for those most important
branches—the coal and iron trades of Staffordshire—to be
any longer carried on. The mischief already done is incal-
culable-; works arc in part stopped in consequence of the
want of coal. Now, for nearly a fortnight, dozens of pits
are left 'unproductive, of course. to the grcat loss of the pro-
prietors ; furnaces have been put out of blast ; the fa-
milies of the men aro left destitute, in the majority of in-
stances with the barest necessaries of? life; whilst others are
half-starved ; every branch of industry crippled, with the
impending certainty that if the men persevere in their ill-
advised-course, and see not the folly of their recklessness
and improvidence, the trade of the distriet will be ultimately
driven to Wales.

The iron trade remains steady, and healthy; there is a
great demand for. all descriptions, and prices are firm ; so
much so, that some makers are getting higher prices than
the current quotations of the day ; there will not, however,
for reasons which all interested will readily comprehend, be
any attempt made to advance prices.
Tne tin-plate trade of Staffordshire is fiat, but in Wales
the orders are large, that make being, as we are informed,
now much preferred.
Wednesday's meeting passed off satisfactorily; the trade of
Wolverhampton, as well as the district, is in a prosperous
condition, and accounts were paid with the utmost punctu-
ality.

closing meeting of ironmasters, will be held at Dud-
ley to-day, when the'state of the iron-market will be further
discussed, and can then be spoken of with greater certainty.

APPREHENDED Loss OF A YACHT.-C onsiderable
apprehensions aro entertained for the safety of the yacht
belonging to S. M. Peto, Esq., M. P., which recently con-
veyed from Lowstoft several gentlemen engaged on the rail-
way undertakings now being carried out at Christiania, in
Norway, which place the little vessel had just left before
the gale of Sunday se'nnight, and since which time no tidings
of any kind of her have been received. Among the gentle•
-
men who were on board when she left Christiania was Mr.
George Parker Bidder, C. E., the celebrated arithmetician,
or,' as he was many years ago aptly called, "the calculating
'boy."

THE CHANCELLOR OF THE EXOHEQUER. dined with
the Mayor of Manchester, and a distinguished party at
Brookside, on Thursday evening. Yesterday the Right Hon..
Gentleman visited the Salford Peel Park, Library, and
Museum, and afterwards the extensive spinning and manu-
facturing establishment of Sir Elkanah Armitage and Sons,
at Pendleton. At one o'clock the distinguished gentleman
.took his departure from Manchester for Hawarden Hall,
near Ohester,! the seat of his near relative, Sir Stephen
Glynn e
TIIE DOG TAX.—This tax, under the new act, will
not commence in England, Wales, and Berwick-upon-Tweed
until April next, and in May as regards Scotland. It is 12s.
a year on all dogs, except sheep dogs. Last year the tax on
dogs produced to the revenue, £157,923.