The Northern Daily Times.
Liverpool, Merseyside, England, 1856-04-08 00:00:00

CROWN v COURT.--ESTERDAY

Mr. Baron Atartin entered court at nine o'clock yesterday,
and proceeded with the hearing of special jury cases.
HULL v. BOLLARD.—This was an action brought to recover
damages for the alleged infringement of a patent. The patent
was obtained by the plaintiff on the 7th April, 1855, sealed
sth October, 1865, for an improvement in the cutting ofstones
for flour mills. The improvement was a peculiar formation of
the furrows in the face of the stone, carrying the furrows
through the main land into the main furrow, and the addition
of a fan for carrying away the hot air, formed in the process of
working. The improvements were stated to enable the
plaintiff to accomplish 200 revolutions per minute, and a
proportionate increase of working power. The cause of action
was, that the defendant having been invited to view the
plaintiff's mills, was alleged to have had a pair of stones in his
own mills shortly after, constructed on Mr. Hull's principle.
The defence was that the construction had been in genetal
use previously, in several places. Both parties aro of Liver-
pool, the plaintiff's having mills in Regent road, and the de-
fendant in Bootle-lane. Mr. E. James, Q.C., and Mr. Hind-
marsh, appeared for the plaintiff; Mr. Hugh Hill, Q.C., with
another, appeared for the defendant. Several witnesses were
called on either side. The case resulted, however, in the
plaintiff being nonsuited.
This was the last case to be disposed of.
His Lordship congratulated the jury on the termination of
the assizes, and thanked them for the services they bad
rendered.
The court rose shortly before two o'clock.

NISI PRTUS COURT.—YESTERDAY.
Mr. Justice Willcs took his seat in this court shortly before
ten o'clock, when the first case called on was that of—

HILLCOAT v. HUMPHREYS AND ANOTHER.—III this action
the Rev. Dr. Hil!coat, the incumbent of St. Matthew's Church,
Scotland-road, Liverpool, sought to recover damages of the
defendants, for a libel uttered by the Rev. Henry Cooke, his
curate, Mr. Humphreys, and others. Mr. Tindal Atkinson,
and Mr. Aspinall, were for the plaintiff; and Mr. James,
Q.C., and Mr. Millward, were for the defendants. Io opening
the case, Mr. Atkinson said his client was a doctor of divinity,
the incumbent of St. Matthew's Church, at the north end of
this town. In the immediate neighbourhood of that church
were a- great number of Roman Catholics. The plaintiff had
been incumbent of the church since 1835, and was far advanced
in years. In 1835 the plaintiff had unfortunately fallen into
difficulties, through a suit in chancery, and not being
enabled to pay the costs was sent to Lancaster Castle.
While there, his attention was directed to an,advertisernent in
a newspaper, in which one of the defendants, the Rev. H.
Cooke, a young Irish curate, sought to obtain a better situa-
tion. The plaintiff answered the adv .rtiseraent, and a sum of
money was subsequently advanced to Mr. Cooke, to come over
to Liverpool. When Mr. Cooke arrived in Liverpool, he was
informed that the plaintiff was in Lancaster castle, and conse-
cmently went over to see him, and requested to have some
authority to enable him to exercise full dominion over the
church as the incumbent. Upon this the Dr. gave him a letter
which contained the following passage : " I hereby declare, so
long as you remain the officiating minister of my church, I
fully assign to you the requisite authority in every respect
relating to the church, schools, and districts." After receiving
this letter, the Rev. Mr. Cooke appears to have fancied, that
not only in law, but by every moral consideration, that he was
the incumbent of the church, and so he acted from 1853 to
1855, receiving the whole proceeds of the church, not
one shilling of which ever passed into the hands of the
plaintiff during that period. The expenses of the Chancery
suit, at last, were paid, and the Rev, Dr. was released from
Lancaster Castle, and went to reside at Bath, where he had
previously lived, While'at Bath, the plaintiff heard rumours
of a certain character, and wrote to Mr. Cooke, asking on what
grounds he had called him and the congregation "swindlers."
In reply to Mr. Cooke, he said "he was prepared to answer
for any words or actions he might have said." The Dr. again
wrote complaining of 'expressions cast upon him in certain
printed documents, and demanded a copy of the recei?ts of the
church. The reply to this was not satisfactory, and the plain-
tiff refused to have any further communication with his curate,
except through a Mr. Brooks, and it appeared that Mr. Cook's
endeavour was to prevent the plaintiff from ever appearing in
the church again. However, early in March, 1855, Dr. Hill-
cote wrote to Mr. Brooks, intimating his intention to take a
full service in the church on the 4th of March, when Mr.
Cooke called the defendants together, and they formed
themselves into a committee for the purpose of
taking such steps as would enable Mr. Cooke to continue in
the church. A process was served on the plaintiff, in conse
quenceof which he did not go to to perform the services, but
subsequently an interview took place between the parties
and the Bishop of Chester, when the latter told Mr. Cooke
"he had better go home, and not excite the people." On tbe
following Sunday Mr. Cooke took possession of the church,
and from the communion table told the congregation that the
Bishop of Chester wished a deputation to wait upm him, and
gave the people to understand that ho was with him. On the
7th of March Mr. Cooke took about ten persons to the Bi shop,
(much to his lordship's surprise) when the matter was fully
gone into, and the Bishop then told Mr. Cooke that no letter
could convey any incumbency to him. On the 11th of March
Dr. Hellcoat went to the church to undertake his duties
therein. While the Doctor was putting on his robes, a depu-
tation from the singers, (with Mr. Cooke) intimated that if he
proceeded with the service they would leave the church. Thep
did leave the church, as did also the schoolmistress and some
of the congregation, and a great slamming of doors followed.
The same took place in the evening, Mr. Cook urging the
pepole to continue such conduct. After that a pamphlet was
published by Mr. Cooke, entitled "A Letter to the Parish-
ioners of S. Matthew's Church, Scotland-road." In that
pamphlet he had said, " I have studiously refrained from
coming before the public, even though provoked to do so by
the gross falsehoods of some, who, having a form of godliness,
bat destitute of its power, had come forward with all the
virulence and slander characteristic of a low and vulgar mind
to crush a faithful minister of Christ, because in the discharge
of his duties he would not submit to their insolent dictation,"
And, further on, the pamphlet went on to state, that when " the
plaintiff entered the pulpit he did so with the brand of falsehood
and perjury on his brew." On this tho action was brought.
The plaintiff was put into the box, and was examined as to the
facts comprised in the opening statement of his counsel, and
also spoke to the identity of the correspondence which had taken
piace between him and the defendant in the matter, all of
which was, however, admitted to be genuine. The case was
proceeding as far as the producing of the pamphlet
publi,had by the defendant, which had been circulated
in the district, when his Lordship interposed by saying
that the case was one of the most lamentable he had ever
heard of, and a public enquiry into it could only tend to
bring a scandal on the church. He suggested that the •
case should be referred to Mr. Pollock, to some clergy-
man, or to any impartial person. Mr. Atkinson said he
would consent on behalf of his client to its being referred.
Mr. James, Q.C., said it was one of the mast painful
cases in which he had ever been engaged, but as his client
had not been heard he was bound to go on at his desire.
Mr. Atkinson would consent to have it referred to any
person except Mr. Pollock, and there were reasons for his
thus objecting. The Court : in this case we have the
blast and the counter-blast—we have to decide on the
counter-blast without hearing the blast. After a few
brief remarks, Mr. James said that his client felt himself
placed in a wrong position, from the fact that the case of
the plaintiff had been heard, while he had been compelled
to be silent. The Court : At present -nothing particular
has been heard. The correspondence on troth sides have
only been read. Mr. James then Proceeded to read a few
lines from the first statement published by Dr. Hillcoat,
in which he made pertain charges of a disreputable cha-
racter against the defendant, which had been the cause of
the rejoinder. By the advice of Mr. James, the defendant
consented to have the whole matter in dispute referred to
some independent person, who (at the suggestion of the.
court) was to have the power of determining and deciding
upon what each or either party should do in the matter,
after going through the whole sub.jeot. The jury, pro
forma, returned a verdict for the plaintiff, damages £lOOO,
and 40s. costs.
This concluded the business of the assizes,

THE POLL FOR A SELECT VESTRYMAN.

TO THE EDITOR OF THE NORTHERN TIME

Sir,--It is right that you should understand the question
at issue in the contest between Mr. Flanagan and Mr.
Syred for the office of select vestrymen. There are in
Liverpool considerably more than one hundred thousand
Catholics. In the Workhouse there are many hundreds
of old infirm persona, and of poor orphan children who
profess the Roman Catholic religion. In the Industrial
Schools there are also many hundred Catholic children.
The Select Vestry, which has the absolute government of
both Workhouse and Industrial Schools, consists of
twenty-eight persons, including ex-officio members. years
ago an arrangement was made that the Roman Catholics
should be represented in that body by two members. In
each year since that arrangement, two persons have been
nominated by the churchwardens, and elected without
dispute. This year Mr. Flanagan, hatter, 3, Lord-street,
was proposed by the chnrohwardens to be the second
Catholic vestryman. An extreme Protestant party now
desire to break the arrangement, and they have proposed
Mr. Syred, pawnbroker, instead of Mr. Flanagan. They
have no other motive except their wish to exclude the
Catholics from any representation on the vestry. You
are now appealed to upon the fairness of this course.
Will you say that a body numbering one hundred thou-
mild persons, poor, though most of them may be, ought
not to be represented by two persons out of twenty-eight,
in a tribunal which has charge of so many of their poor
and infirm people, and helpless orphans ? This is the
simple question which you have to decide. Whether you
may be Protestant or Catholic, you will, if you prefer
justice to bigotry, go to the sessions house and vote for
Mr. Flanagan. The poll is adjourned till this morning,
(Tuesday) at text o'clock. A RATIIPAYZIt.

POLICE COURT.-YESMADAY.

(BEFORE MR. T. D. ANDERSON.)

POCKET PICKING.-It appears that on Saturday evening's
there are a gang of females who go about to pawnshops, and as
these establishments are generally crowded, an opportunity
offers for picking pockets. Yesterday morning a young woman,
named Anne M'Carthy, was charged with picking the pocket
of Margaret Rowlands, in a pawnshop in Stanhor
The'case was remarkable in this respec Mr. 31uc.
appeared for the prisoner, raised a nice uestior of law

't, as Mr. Block, who

Naafi:ling 93. out of the

appeared that the prisoner took a purse
prosecutrix's pocket (in the pawnshop) with which sbe got
away. Mrs. Rawlands followed her, and seized her by the
shawl, which she lift in her hand and fled. She was still
pursued, and at last she turned round and said, "here is your
money and give me the shawl." She (Mrs. Rowlands) took
the purse, and by this time a crowd and a policeman came up,
and the latter, being informed by some one in the crowd that
the prisoner had picked a woman's pocket, took her to the station
and then went back and found the prosecutrix, whom he
compelled- to enter the charge. Mr. Bluck contended that
this bad put an end to the felony, as it was compromised. On
the other hand it was maintained that the act being that of
the prisoner and not of the prosecutrix, the felony was not
compromised. The magistrate held this view of the case,
and as the prisoner was well known, he sent her to gaol for
three months.

Catherine Kinland and Mary Kinland, mother and daugh-
ter, were sent to gaol foithree months, for a similar offence to
the above, committed in Scotland Road.

Taylor, charged a

THEFT BY A SERVANT.—MI
named Maria Davis, with having

tolen a considerable

quantity of wearing apparel► bed clothes, and other property.
It appeared that the property was Taft in the house of a
Mrs. Griffiths, Queen Street, where the prisoner was servant,
and she took the things, some of which she sold, and others
she pledged. She was sent to prison for two months.

ROBBERY OP A PUBLIC AN.—A young woman named Alice
Burchill, a servant at Mr. Walker's, spirit vaults, 21, Pitt-
street, was brought up by detective Carlyle on the following
charge. It appeared from the evidence of Mr. William Hope,
who conducts Mr. Walker's business, that he missed several
sums of money, from time to time, frova the till, and this
caused alarm and annoyance to.him: He spoke :to another
young man, who was in the shop, about it, but he denied • any
knowledge of it, He then asked Mr. Walker if he took any
money ? but he said he did not. The police were then con-
sulted, and markedmoney put in the till. On Sunday after-
noon, Carlyle went to the house, and having stationed himself
in a certain position, from which, through a hole, be could see
the till, he watched, and after some time, he saw the prisoner
go to the till and take money out of it. He then arrested her,
,and 3s of the marked money were found on her. She was sent
for trial at the icsions. .

LIFE IN LIVERPOOL.—A fellow named John Hicks, a
keeper of an improper house in Gloucester-street, was
charged by Mary Anne Reynolds, with having stolen a pair of
boots off her feet, and 30s out of her pocket. It appeared
that the complainant hired clothes and other personal orna-
ments from the prisoner, and amongst these articles were the
boots. On Saturday night the complainant met with a
gentleman who agreed to rent a room in the prisoner's house
for a week at least. The "gentleman," on taking possession
of his suite of apartments, called for "divers and sundry"
bottles of port wine, which were supplied at the low figure of
7s 6d each. Something, it did not transpire what, induced
the " gentleman " to change his quarters, and the prosecutrix
resolved to accompany him. They were proceeding out, when
the prisoner, according to the girl's statement, threw her on
the sofa, and forcibly took off her boots, and the money out of
her pocket, on the plea that she owed him money,
and that the boots belonged to him, and he therefore
had a lien on them, and also on the cash. After a good
deal of discussion, the bench decided on treating the
case as one of assault, in consequence of the forcibly
taking off the boots, and the prisoner was fined £2 and
costs, or one month's imprisonment.
TuE WRONG SCENT. —A decent-looking woman, named
Catherine Bradley, was charged by a man named John
Fitzsimons, with stealing £l6 10A from him. It ap-
peared that on Saturday, the complainant left a box in
his lodging, in Red Cross-street, and in it was a sum of'
£lB 10s. Some time after he missed £l6 lOs of
it, and asked his wife about it. She denied having touched
it. He then made enquiry in the house, and the servant
girl informed him, that the prisoner (who is a neighbour)
had gone up stairs to the room a short time before the
money was missed, and that no other person had been in
the room. He then gave her into custody. Mr. Bluck
(who appeared for the prisoner) : How long do
you know her ? Witness : A good while. Mr. Bluck :
And always found her a respectable honest woman?
Witness : Yes, always. Mr. Bluck : Where is the servant
who told you this story ? Witness : She has absconded
since, and has not been found. The magistrate said
there was not a particle of evidence against the woman,
and therefore she must be discharged. Mr. Black
expressed a strong opinion towards the complainant for
what he had done, and stated his intention of bringing an
action against him for the false imprisonment.

(BEFORE MR. MANSFIELD.)

ASSAULTS ON THE POLlCE.—Several persons were brought
up charged with assaults on the police ; all arising out of
drunken rows in the streets. Amongst the prisoners was
a powerful looking man named Richard Doyle, who was
charged with assaulting constable 357 in Blaekstock-
street. There was a fight in the street, and on the con-
stable interfering, he was assaulted by the prisoner, who
was fined £l.
STABBING.—Henry M`Gough, a painter, residing at
No. 13, Beau-street, was charged with having stabbed a
shoemaker, named Patrick Owen, who resides in the same
house. It appeared that the parties were in a public)
house in Scotland-place, where a quarrel arose between
them, and in the course of the row the prisoner took out
a knife and stabbed the complainant in three places.
However, fortunately for all parties, the wounds are not
of a dangerous nature. The prisoner was sent for trial.
GENEROUS CONDUCT.—Mr. G. Melley, and Mr. G.
Holt, jun , who at th sir own private expense maintain a
juvenile reformatory in Mason-street, Edge-hill, applied
to his worship for a young delinquent named Francis
M'Cabe, whom they stated they would take into their
establishment and try to reform. His worship said it was
kind and generous of these gentlemen, and asked the boy
if he was willing to go, and he consented to do so.

Tne Bishop of Versailles has refused the rights of sepul
ture to the body of the officer of tho Guides, who was killed
the other day in a duel at St. Germain,

SHAKSPERIAN REVIVAI4.—" The Winter's Tale" is
understood to be the play by Shakspeare which has been
selected by Mr. C. Kean to succeed " Henry VIII." at the
Princess's Theatre.

COMMUTATION OF SENTENCE.—Tbe sentence of death
passed upon Hans Hansen, who was convicted at the last
Cornwall assizes of the murder of one of his comrades
belonging. to a German battalion quartered at Plymouth,
has been commuted to transportation for life.

• REDUCTION OF THE ARMY.—Orders have been issued to
Dr. Smith to take measures for the immediate reduction of
the medical staff of the army, Orders have also been
issued for the reduction of four companies from each regi.
ment of the line that had been placed on a war footings
CARLISLE, Monday, April 7. The boiler of the 5.4
a.m. mail train burst this morning, near Kingsmoor.
The driver and stoker were killed. None of the passen-
gers were injured. The passengers were taken back to
Carlisle. The line is completely blocked up at Rockl ffe.

PETITION AGAINST THE INCOME TAT►.—A petition got
up by the Oldham Tradesmen's Association, and which
has received 590 signatures, has just been forwarded
to Mr. W. J. Fox, M.P. , for presentation to the
House of Commons, complaining of the laxly-defined duties
of the income-tax commissioners, and of the unequal,
unfair, and therefore unjust manner in which the tax ou
income is levied,

COUNTY COURTS. —Oa Saturday a return was issued
which shows that during the last four years 145,048 judg-
ments have been registered in the county courts. The
number of petitions for protection from process registered
in part of 1854 and the whole of 1855 was 2,060. The
nutuhPr of orders enrolled under the Charitable Trusts Act
of 1853 are 60, and the searches made during (he last two,
years at,d in part of 1853 were 13,843.

erlin Cthheamb namen Chambers
HANOVER.—The vssion ofetheceh Idiaennovvcer ri
was opened on the 20d, by a speech
of the King by Count de Kieltnanseo,. 'ph • •

Ihe minister
informed the States that, in obedience to the Diet, modifica-
tions had been made in the constitution, and that others
to them ; and he said that the King
_„aded them to make certain alterations
_ respect to banks, the existing provision on the
subjcct being contrary to federal law and to the rights of
the Crown.

would t

specially re(
of

BRITISH S. PIRITS.-011 Saturday a return was issued
which shows that last year 10,601,609 gallons of British
spirits were brought to charge in England and Wsles, pro-
ducing duty to the amount of £4,176,508 10s. 6d. against
11,138,047 gallons, and £4,362,401 14s. 10d. duty in
1854. In Scotland the figures were 5,355,612 gallons, and
£1,898,040 4.4. 4d. duty, against 6,569,730 and £1,811,360
Os. 4d. In Ireland they were 6,228,856, and £1,633,382
10s. 2d. against 8,440,734 and £1,588,745 17s. 4d. The
exports of such spirits to British colonies and possessions,
were 312,265 gallons in 1855, against 474.062 in 1854; and
to f .reign countries and colonies, 3,628,426 against
206,502. The aggregate exports to all parts, were
3,840,691 against 680,564 in 1854.

CRYSTAL PALACR NOvELTt.._The Directors of the
Crystal Palaca Company, are about to form in the palace a
Museum of Yaval Archttecture on an extensive and classified
plan, exhibiting the progress of the art from an early
period to the present day, with specimens of the most
recent improvements. It is no rumour, we believe, but a
certainty, that Mr. Gye and the musical artists engaged
by him for his Opera season (including, of course, principal
singers, chorus, etch, stra, and conductor) have come to an
understanding with the managers of the Crystal Palace at
Sydenham,—and that during the months of May and Juno
twelve grand concerts will be given there on as superb a
scale as the resources of the company can ensure, and at a
very moderate " figure", of subscription,