Northern Times.
Liverpool, Merseyside, England, 1860-01-04 00:00:00

COURT OF PAS SAGE.-YESTERDAY.

(Before EDWARD JAMES, Esq., Q.C., Assessor.)
The first quarterly sitting of this court, for the
present year, took place yesterday, in the Nisi Prius
Court, St. George's-hall. The cause list, which was
considerably lighter than the average, contained 57
issues, 1 judgment, 1 wait of inquiry. A large number
of undefended actions were disposed of in the early part
of the day, and with one single exception, verdicts were
given for the Plaintiffs. The exception was in the case
Mansfield v. Andrews, a claim made by an accountant
for drawing. up a balance sheet in a bankruptcy case.
As the plaintiff did not produce the balance sheet to
show the amount of labour done, the learned assessor
held that the jury would not be able to' form an opinion
as to whether the sum sought to be recovered was fair
and reasonable. The jury found' a verdict for" the
defendant.

GRENNELL V. MA.sorr.—ln this . case Mr. Russell
appeared for the plaintiff, and Mr. Brett for the defend-
ant. The action was brought by Patrick Grennell, a
carter against John Wright Mason, a builder, to recover
the balance of an account of £6los. 6d.—A verdict was
given for the plaintiff for £1 Bs. 3d.
Crarrs v. WAxEnmd.—Mr. Aspinall appeared for
the plaintiff, John Cripps, a silk mercer in Bold-street,
and Mr. Brett for the defendant, Thomas Twigg Wake-
ham. The claim was for £37 4s. 3d. for goods supplied
to the defendant's wife during the defendant's absence
at sea. The case was fully established, and the jury
returned a verdict for the amount claimed.

POSTLETHWAJTE V. HoLuNs.—This was an action
to recover £5O, money alleged to, have been paid on
behalf of the defendant, an estate agent and 'rent
colleetor, by the plaintiff, who carried on business as a
saddler and harness maker. Tl.ere was nothing of
public interest in the circumstances of the_„cabe, which
resulted in a verdict being found, for the plaintiff.
CRAWFORD V. CROWE.—This action was brought by
Henry Wynn Crawford, slater and plasterer. to recover
£2O 19s. from Margaret Crowe, a widow lady, owning
some houses in Fisher-street, Toxteth-park. Mr.
Aspinall appeared for the plaintiff, and Mr. Brett for
the defendant. The claim was for sewerage and other
work done upon the defendant's property, in pursuance
of the requirements of the Health Committee. The
only 'point in dispute was as to the amount which should
be charged for the work in questibn.—The jury found
for the plaintiff for £lB.

The court then adjourned until this morning

PRESENTATION TO MR:MANSFIELD,

YESTERDAY.

. As yesterday was the last day in-which the stipendiary
-magistrate, Mr: John Smith Mansfield, was to preside
:in the police courts, previous to his services being trans-
lerred to the metropolis, the Law •Society, and the mem-
bers of the legal profession generally, determined to
avail themselves of the occasion to pay a tribute of
•respect to Mr. Newfield. Accordingly, in pursuance
of a circular which was issued :by the Law Society, a
considerable number of barristers and solicitors met Mr.
Mansfield, in the library, at St. George's-hall, yesterday
afternoon. Amongst the. .gentlemen present, we
observed—Mr. O'Dowd, the -solicitor to the Beard, of
?Trade ; Mr. P. F. Curry, the borough coroner ; Mr. J.
B. Aspinall, deputy recorder.; Messrs. J. B. Lloyd,
Ridley, Jackson, J. Yates, E. Harvey, Hume, Snow=
-ball, Wybergh, E. Banner, Squarey, Tyndall, Statham,
`Cobb, E. M. Fenwick, T. S. Raffles, Simpson, Walter,
.1. F. Fenwick, F. Hull, Martin, Brett;' Payne, Tcwns-
hend, Bremner, Temple, Dodge, Bell; Forshaw, Fleet,
Eateson, Whitley, Black, C. Asninall, Husband, Wood-
burn, P. Wright, Ewer, Triffield, W. Radcliffe, &c.
Mr. J. B. ASPINALL, addressing Mr. •Mansfield, said
he had been requested, not only by the local bar, but by
every member of the profession who was in the habit of'
.attending the local tribunals, and most of whom had
more or less been brought into contact with the stipen-
diary magistrate, to express the sincere regret they felt
at the separation Whibh was about to take place between
him and the town. Perhdps there were no gentlemen,
except the large body of solicitors be" saw before him,
who were more competent to express their opinion on a
gentleman occupying such a position than they were;
and he -believed there was not one member of the profes-
sion who did not feel deeply the loss the town would suffer
by being separated from one who had so long and so well
filled his important office. (Applause.) As to the decisions
in cases of law, there never was an abler, or more
courteous, or more attentive administrator, of justice
upon any bench. (Applause.) He (Mr. Aspinall) per-
sonally had perhaps been more brought in contact with
Mr. Mansfield than almost any of his professional
brethren ; but he was abundantly authorised to bear that
testimony for them, and to say that in every case .in
which they had been brought before him, they had left
,him invariably with feelings of gratitude at the courtesy
they had received, and the ability he had shown. But
there was a larger, a greater, and a more important
capacity in which Mr. Mansfield had been useful to the
town. He spoke not merely of litigiants ; but of the
numerous class of people, not criminals alone,
but persons who had . come before him either
as prosecutors or prisoners, plaintiffs or defendants
—the general public, and more particularly the general
poor ; and, he believed it was on those questions in
which there had been, so to speak in a technical sense,
nothing legal, but in which were required a large power
of mind, 'an immense degree of attention, and an ac-
quaintance with the necessities and habits of the poor—
he believed it was in reference to this class of cases that
- Mr. Mansfield, had more especially- distinguished him-
self. (Applause.) It was with reference especially to
the poor, and to the numerous class of unfortunate
people who had been brought by, their poverty rather
than their crimes before him, that the town would have
most deeply to regret that it should be dePrived of his
services. (Applause.) He had no right nor oppoi-
tunity to occupy their time further; -but again 'he would
say that every person who had paid any attention to
Mr. Mansfield's conduct, would regret the loss of that
gentleman; and wherever he might be placed, their ad-
miration, esteem, and respect would follow him through-
out his future career. (Applause.) '
Mr. DODGE said the moment the branch of the pro-
fession to which he belonged heard of 'Mr. Mansfield's
removal to London, a meeting was called for the Pur-
pose of notifying in unity. their regret at his leaving.
He would not- occupy their time unnecessarily; and he
would content himself now by reading the resolution
which, be might tell them, was passed at a meeting
specially convened for that purpose, and moreover passed
unanimously. Mr. Dodge then read the address, which
was as follows :--
At a meeting of the Liverpool Law society, specially convened
for the purpose, at the Law Library, on Thursday, the 29th
day of Dec, mber, 1659: Present—Thomas Dodge,- Esq.,
President, &c., it was moved by Mr. F. S. Hull, seconded
by Mr. Timpron Martin, and unanimously
Resolved,—That the members of this society beg to ex-
press to John Smith Mansfield, Esq., on•bis being appointed to
Preside over ene of the metropolitan police courts, their high
sense of the impartiality of his decisions, and the patience and
courtesy he has uniformly evinced towards the profession
whilst-he has held the office of stipendiarymagistrate of the
borough, and to congratulate him on his new appointment.
, Thomas DODGE, President.

Mr. MANSFIELD, having received the address from
Mr. Dodge, said it had been his wish, from his health
not being good in this town, notwithstanding the time
he had to acclimatise himself, and feeling fieoently
that the pressure of business upon him was materially
injurious to him—it had been for some time his object
to be removed from his post here ; and her Majesty,
upon his request, had at length granted that wish. It
must naturally be supposed, as far as that•was concerned,
that he was exceedingly gratified, but that gratification
was dashed with some degree of regret when he remem-
bered the number of valued friends and professional
gentlemen for whom he entertained the gi eatest respect
and esteem, and many of whom he should not probably
meet again. The kindness shown to him by both branches
of the profession, he would assure them, he never
should forget. When he first entered into the profes-
sion, he connected himself with the Liverpool Sessions,
and met with many valued friends. Many with whom
he began had been promoted' to the highest positions
both in the State and on the bench, and those he saw
at the bar were most thriving, and likely to thrive still
more. His ambition had been more limited, and he
had occupied a much humbler office ; but if he had
justified the expressions of Mr. Aspinall and Mr. Dodge,
it was a gratification which he never had the ambition
to expect. (Hear, hear.) There was one subject on
which Mr. Aspinall touched, on which he might be
allowed to make a remark or too. From the talk
which might be heard in the' robing-room, he believed
there was a peculiar feeling about the principle of jus-
tice among the professional men' which was unknown
to those who had not educated their minds by such
studies. They felt confidence in the law, and by strict
adherence to it, in all probability the object of the law
would be best carried out, namely, the attainment of
kistice. Among uneducated people, there was frequently
the most ridiculous antithesis between law and justice.
To those present, it was almost superfluous for him to
say, that the law was nothing more than the method
dictated by long experience and intelligence for the at-'
tainment of justice—that the law was simply a means to
an end. This, however, was not the feeling of many of
those unprofessional magistrates who presided over the
humbler tribunals of the country. It frequently happened
that a man had gained a reputation for shrewdness
in one pursuit or another, and when he was placed on
the bench, though the law was clear, he substituted
some principle of his own,' and called that common
sense. (Applause.) That invariably led to most dis-
astrous results ; and he believed every professional man
could bear witness to that. '(Hear, hear.) He'Wmild
mention a singular instance. Several of his brother
magistrates—gentlemen to whom he was deeply attached,
and, therefore, to disparage whom was far from his
thoughts--but several of his brother magistrates would
inflict a summary punishment, rather than send a
prisoner for trial, because it was less expensive to the
borough. He discarded, as they might suppose, all
views of that kind. The expenses of the borough
were nothing whatever to him ; he was sent there
to administer justice between man and man ; the law
was 'perfectly plain, and, as far as his comprehension
enabled him to do so, he fulfilled that law to the letter.
The result was, that instead of the gaol being crowded,
the gaol, instead of containirg about 1,000 or 1,200
prisoners, contained at the present molnent only 850.
Hear, hear.) He did his duty as far as he was able to
understand it. (Hear,. hear.) That 'was the lesson
which was learnt in the profession ; and he believed if
the law was invariably carried out, it would be the best
and shortest way to attain justice. (near, hear.) lie
had therefore—and. as he was leaving the town
he spoke disinterestedly—been, anxious that more
stipendiary magistrates than, one should preside .in
the Police Court. (Applause.) As an instance of
this, be Inentioned a case which he had heard on
the previous day, in which he bad been enabled to
save an innocent man from an evident conspiracy. As
it was his last business, he proceeded with the utmost
regulaxity, and took down every word of the evidence.
But the constionee was that at least half or one-third
of the other busing remained upon the hands of the other
magistrates. But, be must say—and he was satisfied that
Wsztof .1,4 e gentlewen present would coincide with him

—that. to deal with the police sheet alone, so as to deal
with it preperly, it was utterly impossible for one man
to perform that duty satisfactorily. He had been obliged
to scramble over. a great number of casesf and accord-
ingly. there must be some failures of justice. But it was
mot-his fault—it was the enormous pressure of business.
.(Applause.) He could notunderstand why anybody should
maintain that the work could be properly done without
more professional aid. He was speaking now exclu-
sively about the police sheet. - Tlfey were aware—it was
;published in the newspapers—that •it was complained
that prisoners were not sent to trial as they should be;
-that there was a great want of unanimity in decision,
that crime was- punished in a trifling way one day, and
:with severity the next. He had therefore assumed the
•police sheet-himself ; and certainly,- with regard to the
great body of the public, he did not think that any but
a stipendiary magistrate could deal with it.' On the
-other hand, it was equally true that a vast number of
important cases were constantly arising in questions of
seamen's wages, salvage, "and matters under
the Emigrant Passengers Act, and thete, he- -be-
lieved, none of his- brother-magistrates, unprofessional
men, ;would pretend to say they, could properlydeal with.
'He was afield; however, that for the present there were
some feelings at work which would prevent being done
what -every professional man would wish to see done.
At present the borough received .at least a nett income
of £4,000 from the fees and fines of the court, and that
went into the general fund. But the present- course
was, he thought, false economy. There was no doubt
that if there were more stipenaiary magistrates the court
would become more popular, and, probably, the funds
would be increased in so large a measure that the borough
would be no loser in the end. (Hear, hear.) What he
had been stating about local matters might not he. of
much interest to some,of the gentlemen present; but he
could not-help saying a word or two on the interests- he
had watched over so long, and he had therefore obtruded
those remarks upon them. He did not think he would
be justified in detaining than any longer ; but he had
the honour to thank them very highly for the kindneis
they had shown him. (Applause.)
The interesting proceedings were then brought to a
close; and the company separated. -

LIVERPOOL POLICE COURT.-YESTERDAY.

(Before Mr. J. S. MANSFIELD.)
SAVAGE ASSAULT.—Martin Kelly was brought up
charged with assaulting Martin Hester, on Monday
night, an Sawney Pope-street. It appeared that the
prisoner and complainant* had some slight disagreement
the same evening, and, having met a few hours after,
the prisoner attacked complainant by striking him
several blows on th& head with a conch shell, A surgeon
from the Northern Hospital said that there were five
severe scalp wounds on complainant's head. His wor-
ship ordered the prisoner to pay 40s. and cost, and in
default two months' imprisonment.
A DRUNKEN FROLlC.—Thomas Crystal and Robert
Hall, two men belonging to the militia, were brought
up on the charge of breaking down the wooden image
of a negro, which ornamented the door of Mr. B.
Heckle, tobacconist, 63, Old Hall-street.—Mr. Mans-
field : hat is the amount of damage done ? Mr..
Heckle : Well, he is an old servant. He has never
been locked up before:- -He-cost 18s. Ed. at first, and I
have given him anew suit of clothes since. I think the
damage he has sustained is about ss. or Es. The pri-
soners were ordered to pay 3s. each, or be imprisoned
for seven days.
ASSAULT.—RiChard Roberts was charged with com-
mitting an assault on Michael Dalton, in Vauxhall-road,
the previous evening. The complainant was severely
wounded about the head. The prisoner was remanded
for seven days till the consequences of the wounds are
known.

WIFE V. HUSEAND.—Benjamin Callow, a painter,
was brought up by his wife on the charge of annoying
her... It appeared that they lived separately, and that
the .husband was in the habit when under the influence
of drink, of going to his wife's residence and creating a
disturbance. The complainant in making her statement
said, I believe this man is my husband, but he has never
acted the part of a husband to me, or the part of a
father to his children. Mr. Mansfield : Have you any doubt
about the prisoner being your husband ?—Oh no ! your
worship, I have no doubt, but he has never been like a
husband to me. His worship ordered the prisoter to
enter into his own recognisances in the ram of £5O to
keep the peace for twelve months.

At this point of Ott proceedings Mr. Benn entered to
relieve Mr. Mansfield, who was under, the necessity of
attending at St. George's-hall, to receive an address
from the membem of .the hrovhich.. will be found in
another column. Before going he said :—This is the
last occasion on which I can occupy this sent, where I
have presided' in the adMinistration of listice for eight
years and a half. I cannot leave this place without
giving my warmest thanks to those who have been
associated with "me, and who have given me the
greatest satisfaction daring that long period. In
the first plade I may mention that in no
place in the country can -business.be better attended
to, or conducted in a better manner, than in
this office. - It is unnecessary to say this is owing to
those who have charge in this place, and who are
capable of. holding any similar position anywhere in the
country. In particular, Mr. Anderton and Mr. Ellis
have shown great ability and intelligence. I must also
mention that I have had great satiefaction with the,
officers of this court. ' The bridewell-keepers have kept
their books with a regularity which is almost miraculous,
and have thus materially facilitated the duties of
the magistrate. There is another body to whom
my thanks are due, I 'mean the police of this
town. When I first came here they,were not in the
same state of efficiency they. are at present, nor were
they in the same state of discipline. They were armed
in a manner which they ought not to have been, and
collisions between them and the lower class of people
were of very frequent occurrence. A very great change,
however, has taken pla-ce in the force, and its present
condition is very creditable to Major Greig. They are
about the finest body of men in the kingdom, not
only in appearance, but in discipline and conduct. I
must say they have been very much improved, indeed,
in this respect. Before leavings I may state that I
consider myself under very great obligations to those
gentlemen who have appeared before' me as advocates,
and thank them for their deference to my wishes, and
the anxiety they 'have always evinced to facilitate the
despatch of business. I desire to express my sincere
wish for the happiness and prosperity of those with
whom I have been so long associated, and who have
laboured so long with me in this place.

(Before Messrs. S. G. RATHBONE, and J. R. JEFFERT.)
CHARGE OF ASSAULT.—WiIIiam Thompson sum-
moned Timothy Crowley for assaulting him. Mr. Cobb
appeared for the complainant, and Mr. 13Iuck for the
defendant. Both belonged to the Tontine Burial
Society. On the 26th of December last they met in a
public house kept by Mr. Whitehead, in Great Newton-
street. CroWley was in the parlour when Thompson
entered the bar. The latter addressed the former
in a familiar manner, and advanced to the
door of the parlour, upon which Crowley
rose up and struck him a blow on the temple, which
stunned him. The complainant stated that he believed
the motive pf the assault arose from the fact of Crowley
having been fined"3s. 4d. in the society the week before,
which he thought was done by Thompson's influence.
The secretary of the society was called as a witness for
the defence. He stated that it was difficult to say who
struck the first blow, as both were intoxicated, and had
a regular stand up fight. The plaintiff produced a
doctor's certificate that he was severely hurt. The
magistrates fined the defendant 20s. and costs.
The following case was tried on Monday :

(Before Messrs. J. R. JEFFERY and S. RATREONE.)
ANOTUER BURIAL' SOCIETY DisrirrE.The Rev. J.P.
O'Brien, minister of. St. Augustine's Roman Catholic
Church, was summoned by Charles Patrick O'Brien,
secretary to the St. Augustine Friendly Burial Society,
for keeping possession of the books and funds of the
society. Mr. Cobb appeared for the complainant, and
Mr. John Yates for the defendant. It was stated by the
complainant that the defendant had been at one time
president and treasurer to the society, but was re-
moved. from office by a majority of the committee on
the .6th of ,October last,' and since that time he had
been applied, to for the delivery of the books and funds
of the society, in, his possession, but he resisted all de-
mands for them. happeared, however, from a certified
copy of the rules which was produced, dated November,
subsequent to the removal of defendant from office, that
he was then recognised as president of the society. The
case was therefore dismissed. Mr. Yates said the real
question in dispute, was, whether a few members of the
committee could dispose of the whole of the officers, and
his client would be delighted if the magistrates could
find some honest respectable person t 9 take his place as
presiaent and treasurer of the Kcie.ty.

LIVERPOOL BOROUGH SESSIONS.

• '7

The general quarter sessions of the peace for the
borough of Liverpool were commenced yesterday morn-
ing, in the Crown-court, St. George's-hall, before
Gilbert Henderson, Esq., recorder. The customary
proclamations against . vice and immorality were read ;
and the following gentlemen were sworn upon the
• ._ GRAND JURY.
John Willis, jun., broker, Rumford-place,. (foreman.)
George Barnes, shipbroker, Canning-place.
Thomas Addison, sharebroker, Dale-street.
"" Richard George BUshby, merchant, Rumford-place..
William Bower, broker, Exchange-buildings.
George William Bahr, shipbroker, Cable-street.
Thomas Carlisle, merchant, Oldll-street.
• George Robert Clover, shipbuilder, Baffin-street.
John Tod 'Naylor, merchant, South Castle-street.
Charles William Reade, gentleman, Shaw-street.
George Bates Richardson, shipclamdler, Strand-street..
Fletcher Rogers, cottonbrolicr, Tithebarn-street.
Jabez Rayner, cottonbroker,_Exchange-alley North.
Peter Serjeantson, broker, Hope-street.
John James Scott, merchant, Brunswick;street.
William Tarbet, merchant, Tower-buildings North.
' Richard Withers, sharebroker, Dale-street.
Sebastian Waterhouse, land and estate agent, Derby-square..

THE CHARGE.
The learned. Recorder delivered the following charge
Gentlemen of the Grand Jury, my calendar, which is
-more complete than the printed list, contains the names
of 40 persons charged with felony, and 8 with mis-
demeanoar. The total number, 48, is less than has
been usual within the period of four weeks. The-
most serious felony, _as .to value, is a charge
made by a passenger in a steamer from New York
against a fellow-passengei for stealing £42 from him in
the course of the voyage. This court is empowered to
deal with offences committed at sea on board of vessels
under 'a British register. The next in point of value is
a case in which three shopmen employed by a draper
are charged with having stolen shop goods of the value
of £3O. The other felonies are all of little pecuniary
value. Thefts- from shop doors aid thefts from men who
have given women an opportunity of plundering them,
constitute a large proportion. Many of the cases are so.
slight that they would not be presented to you at all
were it -not for the previous bad conduct and incorrigible
habits of the persons charged. For example,
theft of meat in the market is a slight matter:
but if committed by a person who has been repeatedly
convicted and several times transported, it may be fit to'
treat it seriously. And so, in a case of stealing a few
.handfuls of cotton, if the individuals have been five
times previously convicted summarily without any im-
provement. In the misdemeanours there are several
cases of violence committed under the influence of drink.
In one, a man's nose was nearly bitten off. In another
=sera knife was used ; but this is the only case at these-
sessions, and I am glad to say that. at the sessions that
serious description .of offence seeias to be decreasing.-
I-find that the number of prisoners now in the Borough
-Gaol ;is 816, which ; is. satisfactory, when it is con-
sidered that in the whole course of the year ending
Septemher, 1858, the number never fell below 984. This
diminution in the number of those confined in gaol, and
those sent for trial, and the absence of offences of the
most serious description, are symptoms of improvement
for which I think the town is in a great measure indebted
to the exertions of. the able and accomplished magistrate
whose" services are on the point of being transferred to
the metropolis. I know that daring the last three years
he has pursued a persevering course of vigorous com-
mitment,. with a view to weed out of the town the most
dangerous 'thieves and other offenders, and I think with
very considerable success. I am quite sure that the
members of the bar practising In this court
highly a:ppreciate his professional attainments, and also-
rre a
d willing
on the
acquiescence
his discrimination. The upright, impartial, and patient
spiiit with which his investigations have been conducted
on the be bench,
dhave
submission,
secured
anti faorh sdecisiso
have
inspired
part of the public a confidence in the administration of
the laws, which is one of the best and surest safeguards
of social order. In quitting the scene, where fi;or more-
than seven years he has so_usefully exercised the powers
committed to him, I feel confident that he will carry
with him the respect and- esteem-and gratitude of the-
town of. Liverpool. . _

The grFid.jury then retired to their room to inves—
tigate the indictments laid before them.
The trial of the prisoners was then proceeded with.
Sentences Mary Ann Connolly, for stealing one-
purse and five pounds one shilling, the property of Philip
Foster ' • four calendar months', impnsanment-
Kirby, for stealing two pounds weight of cotton ; five
calendar months' imprisonment. —Ann Quinn, stealing- .
one pig's tongue, the property of Patrick-Kihiglaan ; four-
calendar months' impnsonment. —George Williams,,
James Dilworth, and John Jones, for stealing one barrel"
and two hundredweight of pork, the property of Edwin.
Dug,dale ; received each four years' penal servitude.—
Jane Mills, stealing a shawl ; five months' imprisonment.
—Catherine Hill, stealing fourteen ounces of cotton ;
six months.—Joseph M'Guiness, for stealing a water-,
proof coat, the property of Wm. Mosely ; sentenced to
five years' penal. servitude.—Mary Ann Rigby, stealing;
one purse and three shillings ; three years' penal servi-
tude.—Julia Ryan, stealing a coat ; six months' impri—:
sonment.—James M'Cabe, stealing a coat and two vests;. 1
imprisonment for four calendar months.