The Northern Daily Times.
Liverpool, Merseyside, England, 1857-04-14 00:00:00

COURT OF PASSAGE.--Yestertlay.

BEFORE EDWARD :AMES, Q.C., ASSESSOR.
BAKKER, v. FEENY.—This was an action to recover
compensation for loss of situation without dna notice of
dismissal. fir. Brett appeared for the plaintiff, and Mr.
Aspinall for the defendant. .It appeared that some time
since the defendant, who carries on the business of a ship's
store dealer in Soutb Castle street, employed the plain-
tiff to solicit orders, at a salary of £lOO per annum. Tfil
plaintiff continued in the employment for about twelve
weeks, when he was dismissed Without notice. For the
defence it was alleged that not only was the plaintiff
moat remiss in his duties, but that he suppliid ships on
his own account, and employed his time not for the
defendant's benefit, but for his own establishment, of the
existence of which the defendant was not at the first
aware. The defendant paid into court the sum o f
£7 14s , amount of salary due to the plaintiff at the
time of dismissa'. The jury returned a verdict for the
defendant.

DINEN V. LEITCH.—This was an action brought by the
plaintiff to recover compensation is damages for the
loss of her husband, whose death was caused through the
neglect of the defendant: The defendant is a sugar
refiner, carrying on business in Liverpool, and the plain-
tiff's husband, a young mail about 22 years of age, was in
his employment as a sugar !Aker. Among his other
duties he bad to fill the motils on the ground floor, and
they were then hoisted up to an upper storey where the
suglr was baked. It is usual to hoist up such moulds in
a rope ring, but either for convenience or saving, the
defendant used a clasp or hook for the purpose ; and on
one occasion the clasp slipped from the mould, which fell
on and killed the deceased. The learned assessor
being of opinion that on the opening of the
counsel, Mr. Blair, who appeared for the Vaintiff, the
els?. could not be sustained within the act, it was agreed
that the plaintiff should be nonsuited, with liberty to
move in the Exchequer for a new trial. Mr. Brett ap-
pcaed for the defendant.

Manx v. MonoAN.—Mr. Brett appeared for the plain-
tiff, and Mr. Aspinall for the defendant. The plaintiff
is a manufacturer of British wines, &c., and the defendant
is a coal merchant, both of Liverrol. In December last
year the defendant opened a grocer's shop in Harrington
s►treet, and employed a person of the name of Henry
Mainwaring to manage it. While manager; Mainwaring
ordered from the plaintiff goods to the amount of LI 4s,
and this account was paid by the defendant. Mainwaring
afterwards left the defendant's emp'oymenti and opened
a shop on his own account in Mill Street& He then gave
an order to the plaintiff for goods to the amount of LH 2s,
and the latter, believing that be was still acting for the
defendant, supplied the goods, and sent the invoice to the
defendant's office. No notice was taken of the invoice
and the defendant now denied his liability. Mainwaring has
since become a bankrupt ; the defendant, who lent him money
to commence business, laving been the petitioning creditor.
The jury returned a verdict for the defendant.
MELVILLE V. COWEN.—The plaintiff is a cooper and smith
joiner, in Denbeigh street, and the defendant carries oh similar
business at the Mile end cooperage; and the action was tq
recover for work done, and materials supplied. The defend-
ant paid £7 108 into Celia, in satisfaction• of all demands.
The only question involved was as to the measurement and
quantity of the work done; and, at the suggestion of the court,
it was referred to the settlement of a juror.
HOWARD V. BROWN.—This was an action also for work
and labour done. Thejury returned a verdict for the plaintiff,
for £35 81

WHITMORE, V. M‘Gowax.—ln this case, which was tried
on Wednesday, and in which a verdict for 40s was returned
for the plaintiff, Mr. Blair, instructed by Mr. Hughes, applied
this day for a rule to set aside the verdict, and to have a new
trial granted. His worship, granted a rnlo'nisi.

Suomi%Ta,—A few mornings since, shortly after
seven o'clock, as a labourer, named John Cotter, wail`
about to resume his work at DalMarneck dupg depot, he
discovered the dead body of a girl, apparently about eight
years of age, lying among the %udi dung, and other refuse,
with the face Upwards. The body was removed to the
Eastern Police Office, Where it was subsequently claimed
by the father of the girl, John Blackley,. a miner, residing
at Newry's Row,' Gorbals. The deceased, it appears, left
her home on Thursday evening in quest of her father, and
it is pre:armed lost her way; and.havieg been seized with a
fit, to which she was subject, had been accidentally
suffocated.—Glasgew Paper.
TRH WAY EXACTION DISPUTES ARE DISPOSED OF IN
AUSTRALIA.—A belligerent encounter, arising out of some
disclosures about the Talbot election, took place recently
at Sandridge, between that prince of squatters, Mr.
Hector Norman Simson, and Mr. William Kelly. the author
of some smartly written letters which have appeared in
the Argus, signed with the nom de guerre of " Shillelagh:"
It would appear that Mr. Kelly wrote a note to Mr.
Simson, in which that gentleman's conduct was charac-
terised as " treacherous, cowardly, and lying," and Mr.
Kelly intimated his determination to endorse this opinion
over the shoulders of Mr. Simson. Tho backwoodsman,
however, called on Mr. Kelly, and after a short angry
conversation, a personal encounter ensued, in which it is
stated Mr. Kelly came off second best. Both the prin-
tapals are muscular strapping fellows. Mr. Simson has
the reputation of possessing perfection of physical form,
and his opponent can use his fists as well as he does his
pen. It is to be hoped that now, since " satisfaction "
has been obtained. the matter may drop. —Melbourne paper.
A DRUNE.EN FREAK.—Among the amusing scenes
w'tnessed here on Thursday among the crowd of alasgow
visitors, was one in which a young fellow who had got
drunk and disorderly on b9ard one of the, up-going
steamers was turned ashore at our quay, this being no
doubt rendered neee,sary for the quiet and comfort of
the other passengers. The steamer had no sooner
started to proceed up the river, than the fellow threw
off his coat, and dashed headlong in'o the tide, on a
mad attempt to follow and regain her. B ing of course
foiled in this attempt, he swam about like a duck, till
at length a small boat went and dragged him by force
out of the water. But his courage had not yet beer
sufficiently cooled, for he again got into the stream, and
swam to the stern of another steamer, as she by at
the'quay, and seizing hold of the rudder, made his positon
there good for some time, till rescued as before. One could
have wished that the fellow had been left to his own resources
until he got more than his heart's contest of his folly; but the
reprettable part of the farce was that he had a sweetheart with
him, who had voluntarily shared in his ignominious ejection
from the steamer, and who, all the while he was indulging in
his, swimming feats, kept up a most dissonant and piteous
howling upon the quay. It is highly probable that the water
eventually triumphed over the fellow's courage, and sufficiently
tamed him for a passage by one of the late trains.—Greenock
Cori esponctent,

AMERICAN NEWSPAPER AMENITIES.—The New York
Times accused the Herald of baying an interest in the Potosi
Lead Mining Company, to which the latter rejoined, that it
not only had no interest in that company, but that it had
never in any way alluded to it. The Times immediately
published some holf dozen extracts from the Herald, puffing
the Potosi Company to the skies. At first the conflict eras
co-,fined to the space of a few lines, but has gradually
extended to a column in length, and recently the Herald
published a catalogue of about half a column of stocks in
which it declared the Times had an interest.. Next day
the Times rejoined, that it did not own one farthing in the
whole lot.—New Bedford Mercury.—A letter dated New
York, March 10. to the following effect, appears in a Boa.
ton rarer :—" Oar editors are as sharp as the weather.
The gAlemen of the press,' I fear, are in a fair way to
forfeit their reputation for amiability. The Times of a day
or two back devotes a coup'e of columns to Herald reminis-
cences, culled from its money articles, to show that that
paper has been in the bad habit of puffing fancy stocks,
whereas Mr. Bennett, under his own signature, declares
that his paper has never done anything of the sort, As the
Times gives dates with its extracts, the inference is tha, Mr.
Bennett is not in the habit of reading the Herald—which
would certainly be to his credit—or else that he trusted, in
making his denial. more than was wise to the bad memories '
ef his cotemporaries " ,

. .
. . .
1 AN Aurunartc RISPIIIIT The folowing appears;int the
Gateshead Observer's report of Saturday last, being a
report with the editor's observations on Mr Headlamrs
spcech on the hustings at the close of the Newcastle non
on Saturday week : Mr. Headlam, as the senior, anember,
presented himself to the people, and indescribable w
the unroar. The newest wan—especially if he be " third
man," and creator of a contest—is ever the " popular"
candidate. Who so popular as Head-lam in 1847, when
he was " third man," and drove Richard Hodgson to the
bottom of the null ? He was then a demigod! But in the
contest of 1857, ten short years afterwads, he had the
misfortune to he the oldest man, and hardly a syllable that
fell from his lips conk! be heard beyond the
couple of reporters immediately below him To those
telltale gentlemen, therefore, he more espeVially addressed
himself, knowing them to have (what he, just then, had
not)—the public ear. One excuse may be urged for the
vocal industry of the populace on such .ocessions. "TheA
cannot possibly—(the great mass of the assemblage) —heat
what is going on upon the hustings. They are Gar beyond
earshot. Therefore, since they cannot bear others, they
are determined to be heard themselveL " you,"
cried an exasperated Broadcloth on Saturday, `fo a loud
lunged neighbour in the :crowd, "can't you hold your
tongue ?" "No l'' roared Fustain : "1 cam' to shoot
(shout), and aw will shoot." And shout he did, with a
voice which a candidate might have envied. Mr, Headlam,
so far as we could hear him, spoke es follows :—Gentlemen
—(ahahahahah)—proud position—(hoobooohoohoo)—large
(ohohohoh)—majority— (hissmssa)—Bainbridge—(hur-
rahhhh) —Crimea— (ahahahohohoh )—voted—( hoohoohoo)
—false—(hissssssss)—withdraw—( ohohohob.oh)—thanks—
(ahalmhahal)—honour—(hoohoohoohoo)—dtity.

INTELLIGENCE.—Yesterday,

BEFORE MR. MANSFIELD

WIFE DESERTION-. —Mr HUglier;;;;;f7the out door inspec-
tors of the parish, bronght up two persons charged with having
deserted their wives and children. The first was Patrick
Lyons, who was brought from a gas works in London, where
he was receiving £1 8s a week. He deserted his wife and
three children, and owed the parish over £23 for their support.
He was sent to gaol for three months, with hard labour.—The
next was Patrick Cain, who was brought from Wellington,
where he was earning 16s per week. He deserted his wife and
two children in August last, and owed the parish over £7 for
their support. He was sent to gaol for two months.
MICR 'SULLtTAN, TEE PRIDE OP TIPPERARY !—" Mr
Micky Sullivan," a rolicking roving blade, the pride and flower
of Tipperary, was brought up by officer 490, who charged him
with being drunk and disorderly in Copperas Hill. When
Mick was placed at the bar he flung himself into a theatrical
attitude, one that would have put old Bean to the blush. He gave
a scrutinising glance at the officer, and with an ironical
sneer that would have done credit to crooked back Richard, he
said, " Speak up." Mr. Mansfield (to the officer) : What was he
saying and doing ? Prisoner : Aye, sir, that's the point.
Officer: He was drunk, and came up to me, and wanted me to
go to a night cellar *here they sold Whisky, and to lay an
information against.it. I refused, and he then kicked up a
row, saying he was a Tipperary constabulary man, and that he
could teach me my duty. Prisoner : Which of course was
high treason against the crown (of the baton), and dignity of
'constable 490.—8ut wait, sir, (to his worship), until I come to
give my version of the case—two sides of a square always to
one story, you know, sir. The constable said the prisoner
acted in such a disorderly and drunken way, that he was
obliged to lock him up. Prisoner (with a very bland smile,
and most imposing position) t Mark how a plain tale shall put
him down. I was going along the street, when I
saw a fight in a night whisky cellar, and I then
approached the dignity of this officer, and stood between
the wind and hi§ nobility—for, sir, I understand that 490
is a great card—entirely—so he is. " May it please your
Worship," says I to him, (I called him Worship, sir), " would
you, with that urbanity and polite consideration for which
you are remarkable, please to direct your attention to a
scooped out-emporium—alias a cellar, where ardent spirits
are swopped for money, to the great demoralising of her
Majesty's subj?cttrt and will you just lay an information
against the proprietor thereof?" " Oh, oh," says be,
"Is that the way with you ?" says he. " And what part
of the "sod" are you from," says be, with a degree of
impertinent inquisitiveness, that would haVe done credit to
a Fouche, or even to Mrs Robert Clough, that enlightened.
sagacious, and most benevolent of all human deteCtives.
" I never was ashamed of my country," says I, " Tipperary
for ever," says I, as the boys shouted when they darted into
Sebastopol. " You murdering, informing Tipperary
scoundrel," eays he, " I have you now, and I'll
pound you," so without' further saying good bye,
by your leave, or any other little endearing express
&ion of that sort, he dragged me, and hauled me, and
pulled me to the crib in the stone jug ; he was drunk,
but I wag sober. The bridowell keeper, Who took the charge,
was called, and in reply to his worship he said the prisoner WAS
very drunk, and about one of the most disorderly persons he
ever met: Mr. Mickey Sullivan turned his eyes nearly out on
his cheek boles, and said, with a furious theatrical start,
" Well, well, did you ever ?" He was fined 63.
THAT's " fltm."— A powerfnl and very ill looking fellow,
named John Fox, was charged by police constable Lynch, 14
who said he was on du'y on Sunday morning at Marybone,
when the pi ironer came up to him and said, " Oh, you are the
that got me a mouth in Manchester, and pay
you off now," at the same time giving him a violent
blow on the side of the head, which knocked him
down; he got up and caught him, when a desperate
struggle followed, when he got the prisoner down, and
the latter then caught him by the legs, got him down again,
and kicked him very badly. After a hard fight, another officer
came up, and the prisoner was captured. In reply to his
worship, the complainant said he was not in Manchester, and
did not give tho prisoner a Month there. The prisoner was what
is Called a fighting man. He was sent to jail for throe months
with hard labour.

STREET ROBBERY.—A" duffer," named John Carl, was
charged with having knocked down and robbed a sailor, named
Alexander M'Dicken, on Saturday night, in Ddo street.
The prosecutor said he had been paid off. on Saturday, and
having met a countrywoman (a Scotch lass), he imbibed more
beer than agreed with him, and on leaving a public house in
Dale street, he was knocked down and robbed of £ll 10s.
He jumped up in a couple of Moments, and saw the prisoner
running from him, and lie seized on him, when the prisoner
cut the muffler by which he held him,, and got adrift.
(Laughter.) He was.caught by a policeman. The prisoner
was remanded.

HOUSE BREAKING.-Arthur Young, with about a dozen of
aliases, was charged with having broken into the houso 1)f
Mrs. Latham, Wolfe street, Pa,k, and with having attemp!ed
to steal property thereout. The prisoner, it appealed from the
evidence of some witnesses, broke the front window in the
house, and by this he got into the place. "A policeman was
called, and on his entering the house he found the prisoner
concealed in the back parlour. Et e had clothes and other
proierty packed up in a bundle ready for removal. Being an
old offender he was sent for trial;

CHARGE OF EMBEZZLEMENT BY A CLERK.—A yolog man
of respectable exterior, named Joseph Heardman, who was a
clerk in the chain and anchor factory of Messrs. Smith and
Whitney, was brought up on a warrant by detective officer Ken-
nedy on a charge of ern be zzlement. Mr. Clough said the prisoner
was employed by the fi m td collect money, and he was
charged with having embezzled sums of money, two of
which had been trace:], but as one of the persons who had
paid money was out of town, he was only able to bring
one case forward. A young man named Atkinson, from
the house of Messrs. Henry Moore and Co., said on the
16th January last ha paid the prisoner £4B 9s 6,1, on
account of a vessel called the Queen of the East. Mr,
Whitney said he had no account of that sum, nor had
the prisoner accoun'ed for it. The prisoner • said be
received the money on a Saturday night, and he gave it
over to Mr. Whitney. Mr. Whitney : It is not shown
by the books that I got it. Prisoners That's not nay
fault. t did not keep your books: Mr Mansfield : fs
thare any pass-b ok between you ? Mr. Whitney :He has
a bi'l delivery book, and when he is paid any account he,
ought to enter such in it. Mr. Mansfie!d : Is that book here
No, sir. Prisoner: You got that money on the Saturday,
and you never entered it ; you often got money on Satur-
day, and did not enter it till Monday. Mr. Whitney :
Not such a sum as this ; 1 might do it with a few shillings
or so. The prisoner was then remanded.

COUNTY COURT.—Yesterday.

BEFORE J 'SEPB POLLOCK, ESQ., jUDGE,
GREVESON V. CLIFF.—This was an action brottAt by
George Greveson to recover £lO from Joseph 13. Cliff, as
commission according to alleged agreement. for theletting
of the York Arms public house is Cunliffe street. Mr.
IPme appeared for the plaintiff, and Mr. Goodere for
the defendant. It appeared that the plaintiff had been
applied to by the defendant to get a tenant for the house
in question. It was stated that defendant promised that
if 'he h use was let with an incoming of £l3O, he should
give the plaintiff £lO. In consequence of this arrange-
ment, the house was ,advertised in several newspapers,
including some in Manchester and Leeds. The result
was that a person; named John Lee, of Huddersfield,
came to Liverpool and saw the plaintiff, who took him to the
defendant. It was then agreed between them that Mr. Lee
should become tenant at the rate of £l3O for the incoming,
he paying £lO as . a deposit, and taking possession
within fourteen days. Lee, however, subsequently
declined to take possession of the premises, which were
ultimately let for £ll5 by means of another agent. The
defendant, on this ground, refused to pay the plaintiff the
amount of commission, and the action was ace ,rdingly
brought. His Honour expressed some doubt whether a
commisson agent was entitled to china the amount of
commission upon an arrangement which was never con-
cluded. He s ated that he should, therefore, take time to
consider the question, and give judgment on an early day
to be subsequently named.

PROGRESS OF SOUTH AUSTRALIA.—OO the 'pollical and
social state of the colony, tte Adelaide Observer of Fab.
7, remarks : —" We have signalised our emancipation from
distant rule, and have been commended by the Qaceq's
ministers for the able manner in which we have frame) for
ourselves a new constitution. The polhical and adminis

trative changes we have wrought, though achieved in the
calmest and most peaceful spirit, amount tl an organic
revolution, and the people are as temperate in the en-
kryrnent of their triumph as they were loyal and moderato
in stating their demands. Our financial condition is greatly
improved, and carries the promise of. yet further improve-
ment. Nothing more is now needed than a wise adminis-
tration of government to ensure to every labeurinz man an
ample recompense for honest toil, and to every commercial
man a fair profit upon lawful capital and honourable
enterprise. The country is rapidly passing under the
plough, and the development of its lines of communication
is receiving at the hands of both people and government
that attention which the importance of the subject demands.
To the claims of education and religion the colonists were
never mere alive than at the present moment; nor was
ther3 ever a greater degree of good'fellowship and right
feeling between the various members of the community.
The year 1853 has ended well. With its departure many
old fears and doubts have departed ; and although, in
common with every year in the history of mankind, it has
its dark spots, it has certainly bequeathed a legacy of
bright hopes to its successor. We therefore take our
farewell of 1866 with gratitude, and, in entering upon the
unknown path of 1857, push forward with cheerfulness and
courage, not doubting the result."

COLLIERY EXPLOSION AT 13BEDBUILT, NEAR

45TOCiPORt

An explosion of fire damp °centred at one of the coal
pits of Mr. Jonathan Jowett, Bredbury, near Stockport.
on Saturday morning, whereby three persons were killed,
and five others seriously injured. The pit in qnestion is
closely contiguous to, and on the left of, the road leading
from Stockport to the village of Woodley, and is distant
about two miles from Stockport, two frem Gee Cross,
and three from Hyde. Mr. Jewett has long been a
coal proprietor In Bredbury, and is at present working
an old pit, some quarter of a mile distant from the scene
of the catastrophe under notice. The pit where the
accident occurred is called the Bredbury New Pit, but
there is an underground eemninnication between it and
the old pit before noticed. The sinking of the
new shaft, (which is now 160 Yards deep) was
commenced about two years ago, but the getting of
coal began only some three dr four months ago, or
since the commencement of the present year. The
explosion occurred about seven o'clock on Saturday morn-
ing. The workings had been standing all Good Friday,
and about the time stated sixteen men descended, when, as
is stated, cue of them, named Samuel Platt, wile is very
severely injured, went to work with a lighted candle. An
immediate explosion was the consequence ; its violence was
such as to be both felt and heard at some distance, and the
cage at the mouth of the shaft was raised nearly three
yards. Eight of the men at once rushed to the bottom of
the shaft, and were drawn up uninjured, but eight others
were less fortunate. The excitement in the neighbourhood
at once became intense, and people, apparently distracted,
were runnin e abmt in all directions, making enquiry for
their missing friends and relatives. The county police office
being opposite, constable Heathcote rendered assistance,
aided by several men, amongst whom two, named Perry•and
Trulman, deserve to be specially mentioned, for the zeal
they evinced. The shaft was descended shortly alter
the explosion, and soon after the eight men uninjured
had been brought to the surface, five others, more or less
severely injured, and who bad succeeded in getting near
the bottom of the shaft, were also brought out. Search
was then made for the remaining three, for whose fate
the worst apprehensions began to be entertained. Owing,
however, to the existence of foul air in the pit, the labours
of the men in this direction were interrupted until the
current of pure air could be restored. This occupied
about three hours. At half past ten o'clock, the body of
one of the sufferers was drawn up, and in the course of
another hour the two others were also brought out.