The Northern Daily Times.
Liverpool, Merseyside, England, 1853-10-19 00:00:00

COUNTY COURT.

JOSEPH POLLOCE. BO f ille a,
T.Tv.,-0/00e.A eviv,A
COMMITTAL FOR CONTEMPT OF COURT.--,,-, mow, E,, ‘,l 1
Mc'KENNA..—The plaintiff is au innkeeper, Literiall"-o;cle jell Ire.
Bootle, and the defendant is a currier, in Brisket-streeti,,"-'8,5,, kq, 11;'
and-road, and the action was brought to recover ISea to Peq,,of,
balance of 13, money lent. When the book Was I.lko it, to $lll ,
the parties to be sworn, the defendant refused to his DO; eial a,,,,'
denying the while all liability to the claim on 'th'atlis alld '-'
and. notwithstanding that he was told by the judge
.... ce ean,,luSe
could not be heard until he was sworn he neverthelmlsif ntm'c't b
sisted in his refusal to take the book. ' His Ilonouriftb%ty lest
a
he were sober, and- the 'defendant protested to Clcia ocst k es, Ili
had drank nothing that morning, and then proceeded-0 JO, ,i,utees c
that he was not liable. His Honour'ordered him to beA. 11, iil eaut
and not to show such disresPect.to the name of at TiinlE. ~," calat
then took the book, but while the oath was being auotteltr J'eltliti, ,
tli,
tered he continued to address the court, and on the e of more
sion of the formula, he refused to kiss the bbok• ce tii. Par
' Ilie
plaintiff then proceeded to state his case, which wa3teg e, ass'
plain one, but while doing so was frequently interr,uPo,oo ral`° (
the defendant.; and when judgment was given n1°1.311001 cdfogiat
the plaintiff, he sullegy left the witness box, saying. be
bet t`,` kit(
decision was a very unjust one. His Honor called inre tol I,e si,
and told him that he. had •been guilty of such couterstPeo
court as could not be passed over, and he should the-ai
hand him. over, to_ the custod of the officer of the. cvez 0
The defendant was then taken into' custody and renisleftt
for more than an how, when. he was permitted to co
,11:0
ward, and having again entered the witness box, he lief 1
apologised for - the offence,- and attributed his COne
ill-health. 1
His Honor said—You came into Court this moral-n:10
defend an action, and you were• so conscious that y° to I
no defence to that action in justice; that you 'refuseelati
sworn to the truth,of your statement. A man brolir- 0
action against you for, £2 Bs., and he produced your elii to
ting, to show that you had owed him 13, and it was 11,u .10
that you paid him-the balance. You made some 0,31,0 P
him for something else, which I could not properly utf,4
day, and which the law could not allow to be heard at al if/
that perfectly clear case, in which there was no doubt,./
in your own mind,because you yourself refused to be i
to the truth of your statement—in that clear case of opi
defended action, I gave a verdict for the plaintiff. i
was no evidence at all against the plaintiff, and th)
the greatest possible evidence in his favor —your own ,
your own signature, and the absence of all denial clii
part; and yet in a ease so clear as that, your conduct ),
to be a lesson to us to know what people will say whel/49
allow their passions 'to get the better of their reasj
sense of justice. In that perfectly clear case, you ha'
defence that you would swear to, being so perfectly co
that you had none in truth that you would not vel',`"
take an oath to the truth of your statement, and
you were right, for had you done so, you would blithe
guilty of a serious offence in the eye of God and of cot
—in that perfectly clear case, when I gave a verdict 'et
plaintiff, you chose in a public court' of justice, to ottl4o
justice, of the verdict, which no huilian being could b'
doubt upon, and to say that it was an unjust decisioi!:
myself, I care nothing in these matters, but for the 51' •
I hold, I care much ; and if I allow a person inyour l
and under such circumstances, to show a contempt e"
there would be an end to all hope of administeringi
in this country, without having such offences repeat' t
did say that you were ill, and although it is with grl
culty that I make up my mind to deg so kindly. wiltatf,
yet, in consideration of your illness, I will not do 111„'"„01'
lieve in justice I should do, send you to Lancaster IQ
the greatest contempt of Court that has been eew;s/
since I sat here, and in the very plainest case that If'd
brought before me. I much fear that lam doing. f
and encouraging others to similar misconduct p
Boning you, because it is the greatest instance 0f.... 1
duct, and with the least excuse for it, that I ever kneyY
therefore, nothing-but the state of your health premed
from sending you to Lancaster gaol.—Mc Ken.pg_
discharged from custody.. . ; 7,FP
SwAnisoN v. Bruns..—The plaintiff is a marinero
native of Sweden ; and the defendant is a lodgeiv
keeper. On the .4th February, 1852, the plaintiff 1,)
and obliged to go to the hospital, and on doing 0 ilee
in the hands of the defendant. On coming outba 110,1
lodged with the defendant, and on leaving, a lot 9,
struck between them, and £3 being found to be deeptl,
plaintiff, the defendant gave him . a memorandum' or
amount. Mr. Wheeler appeared for 'the plainttA ti
the part of the defendant a set-off was atteinProll
established, but. Mr. Hime; who appeared for the ~oft: '
seeing that the evidence could nit support the se../0 ribi
mediately withdrew the defence. Judgment wos'itr. ))
given for the plaintiff, his Honor observing thaioo. e 0
had acted most properly in withdrawing the de(e"4ol6-
‘
MA.NSELL V. JONES.—The action was brought '4",
£4l9s. 6d. "for that" in the words of the saralP",
defendant broke into and entered certain lands of the
in 14 Court, Norfolk-street,- and appropriated and., t
main pipe of the said plaintiff into a broad drat do
public sewer of Norfolk-street, and for proportiont 0
of right payable by the said James Jones in res Pee st4ti
Mr. lime appeared for the plaintiff, and from his
...ti
it appeared that the plaintiff and defendant are the Pr
tors of 14 Court, Norfolk-street, and the se.,' erPe
..atijafpni,orr7i2tll79:::),
,6zttdliii.e4::
ipicil a.pi.turhtitoe_p.oprlteai
oiotio
ell!
erldt';:h'or:re,dueel ifee:cdUiat -ne
' tis
court
cost. Several witnesses were examined to prove °col
but it did not clearly appear that Mr. Jones wag)efht
ing party to the alterations, or that lie gave 0f,,,e, I,l'
that he- would bear his proportion of the ei.Ve"-scqlt,,'
he now 'enjoys the advantages of the impr9% 61-1'
action was undefended, but from the techlate" col
surrounding the case, his Honor said that he
give a verdict for nominal damages, withicastst trl l'
of trespass. If the improvement were neee'tbe P
health of the town, it should be done ; but el'ocat'
concerned could not agree, the work should be eta pol
the Sanitary Committee,: who would then have t tioa ‘
-compelling each party to pay his own proper
expense. aliti
SAMUEL V. BALF-ourt.—The action was bold.
cover £1 13s. 5d., balance of an account of £2 , 04
goods sold and delivered. The plaintiff is a t°J,Oll
turer, and supplied the defendant who keeps 3 6."" 0
with toys and other small articles, to the abet ~o 1
Part of the goods was paid for, but the defendant. :t
pay for the remaining articles, as she contended t1a,70 I
not ordered them. She was willing to return t.u4ei
arid his Honour accordingly directed that the art' tit
were uninjured should be returned to the plaint
a verdict should be taken for the value of the
Mr. Godfrey •appeared for the plaintiff.
HOWLEY V. GILLHAM.—The action was bran
,i
cover uls. 6d., the cost of a pair of boots, under °ice]
ing circumstances : It appeared that the plaintiff 0
the shop of the defendant, Mr. Henry Gillhana ase
street, boot-maker, a short time since, and pur'eu-01
of boots, for which he paid lls. 6d. He wore_.4o
only once or twice, when the upper leather send
the sole, and failing to obtain redress from the to
'he brought the present action to recover the cost o
The defendant alleged that the boots were thorol"
and that the cause of their so speedily giving '1;01
narrow sole, too small for the foot, upon which 4
insisted. A witness, a working shoemaker, Was tit
and deposed to having made the boots, and that io
the materials and workwanship was 10s. The Pa Uthe other hand, alleged thatthe boots were sol
sound, properly fitting boots - and a judgment 'il
'
ingly given in his favour for ss. and costs.

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SUDDEN DEATH.—A man named
53. years old, a salt-heaver, who resided at -I"4"t'a
Mersey-street, complained on Saturday nie,vt
bad cough. After taking some medicine he 1`.4.110
did not return home all night. The man w"iosi
lodged found him next morning in the water-co
It appeared that deceased had been in the kid
dropsy, and was discharged nine months ago ; I
formerly in the habit of drinking, but for t,,i,ce
months was sober. There was no medical evia`Lti:
at the inquest held yesterday, but the jury werer;ocC
the deceased had " died from the visitation of
A PUBLICAIN.T'S REMEDY FOR INTOXICATI°i;4'
FROM EXCESSIVE DRlNKlNG.—Yesterday, au c rt/
held on the body of a man name John Fellovisipi
9, Dalrymple.:street,' who was found dead LILO
Monday morning. It appeared that deceased
a person named John Cawley, for the last thre
was much addicted to drinking. He was tipsei/0
evening, and on Monday morning, he got 1,113 r
the family and went out, -- • -,raia be
and nine o'clock very drunk

anti came in
Shortly afterYry:

him snoring, but dick not mind as that was DP, s
Kelly was promptly in attendance, but he said t.
had been dead for at least two hours. The e
" Died from excessive drinking."—One of th,,,
served that he had been a publican for nine )
dered how, after all the cautions given

Assizes, it yet should be the case that two-tP,.;
quests held were caused by drink. Brewe'ii
lers should be compensated, and all dram-sll,°tll
The Coroner said that the gentleman alluded tilq
and not the use of liquors. It was the abuse iloy
put down-; but he did not agree that drink'
gether prohibited. .
6,0)
THE DANGER OF ALLOWING DOGS .1).0)).."
—On Monday evening a white bull-dog,
in the streets, attacked, in a ferocious rug,,11,"
(707„il
proceeding along South John-street from t'',,1:41
The cab appears to have come from Park-I'l-.04;#
followed it far beyond the Custom-house, -
• ff
Mr. J. Dickson's, Eldon Dining-rooms,cafeL
horse.by the chest, and the latter animal best; O,)(
that it dashed furiously against the sbutteo olty
shore's glass establishment. By the eortio
00,
hatter Lord-street, and a few other geutlet 4,01
forced' to let go his hold of the ‘horse, but no
done so than he attacked Mr. Wood, wil%
W° of °PI,
brella in defending himself from the attue-a5
animal. Foiled in his attack on Mr. 1,00 e,"
er
others, the dog again attacked the Port beitiit
at las; relieved by its antagonist's throw of
is not the payment of ',the tan on dogs
more rigorously Wooed,/

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