Northern Times.
Liverpool, Merseyside, England, 1859-07-23 00:00:00

NORTHERN DAILY TIMES.

LIVERPOOL POLICE COURT-

-YESTERDAY

BEFORE J. S. MANSFIELD, ESQ., 9.111

ASSAULT ON A CAnmAN.---Patrick Henry Lyons was
charged with haying assaulted Patrick Lloyd, cabman, in
the employment of Thomas Evans. It appeared that on
the previous night the prisoner, with two females, went to
the complainant,. where he was waiting for a fare, in

liamson-square, and asked, him to .drive them to Robert-
street. The complainant refused to take the females into

driver to

tobert-street

sorer was drunk; and on reaching Dale-street he told'the
driver to drive him to Denison-street. The driver refused
to do so, as he had been severely beaten on a former visit to
that street, and asked for his fare. The prisoner exclaimed,
A-AY "Is it your titre you want, I'll give it you," and then struck

and subjected the complainant to a severe cross-examination,
but failed to show that his client had been faultless.
The prisoner had several bruises and cuts on his face,, which
the bridewell-keeper said had been inflicted on him by
another prisoner while in the cell. Mr. Mansfield said that

was not the first nor the twentieth time he had to complain
. _

of tue baa arrangements of the cells in the bridewell.
When a man was taken into 'custody for being drunk, or
any other offence, and locked up for the night, the least
that could be done was to put him out of harms way, but
that could not be done so long as the present system con-
tinued. A person might be half killed by a madman or a
person in delirium tremens before the bridewell-keeper could
Interfere. He had often had occasion to remark upon the
resent system, and he hae heard -

never a single reason why
it should be continued. Some day, some person would get
killed, and then the people would say what a shame it was
not to make better provision for prisoners. He ordered the
prisoner to pay the cabman 65., and the costs of the court.
He further added that he should have been disposed to in-

filet a much heavier fine on the prisoner, if the iiicarceration
had not been a; much more serious punishment than he could
inflict. If the prisoner had been perfectly innocent and free
from blame, he would have been kicked just in the same
way. Besides that, there had been complaints from other
prisoners, who had been obliged to pass the night with filthy
persons, and came out covered with vermin.

A CURIOUS EXCISE CASE.—James Macallen and his wife
were summoned by the Inland Itesyhue Commissioners for
selling beer awl Spirits without I license. Mr. Tyndale
was engaged for the prosecution and Mr. Deighton for the
defence. My. Tyndale, in stating the case' said be appeared
on behalf of the excise against James and Eliabeth Macal,
len. for selling beer and spirits, such parties not being
licensed to do so. He miderstood Mr, Deighton appeared
for the 'defendants, On the first view of the case, it would
appear to be an ordinary excise ease ; but, on going into the
case, it would b'e shown to be very different from ordinory

that his clients, being the son or daughter of a pensioner, were
able to 'sell without being liable to any penalty whateverr
The facts of the selling, the summons, and the information
were all admitted ; and it came before the court as a question
of law. The acts under which the excise proceeded , were
enacted during the reign of William IV. and • George iv„
the former act giving power to inflict the penalty of £2O
and the latter £6O, with power of mitigation of not less than
one fourth. But, he submitted, that if the • parties charged
in that case were guilty, no mitigation should take place,
as it was more than likely the case Would be tried at a
superior court, and he thought it would be well to inflict the
full penalty. He then tendered as witnesses Mr. Johu
Rawlins and Mr. Wm. Harris Johnston. Mr. Deighton
said he appeared for the defendants in the case, and
that he was about to lay before the court a claim

act of parliament which Mr. Tyndale had mentioned being
6 and 7 of 11-eOFP chapter 67, of which the
following is an abstract Whereas there have been and
arc divers officers, mariners, soldiers, and marines, -who have
served his Majesty in the late wars by sea and land, some
of whom are men that used trades, others that were appren-
tices to trades, who have not served out their times, and
otherS who, by their own industry, have made themselves
apt and fit for trades, many of whom, the wars being now
ended, would willingly employ themselves in those trades
which they. were fp:awl:ly accustomed to, or which they are
apt or able to fellow and make of, fqr etting their living
:?3,-their own labour, but are may ie londered from
exercising those trades pertain pities and corpora.,
tions, and other places within OIL, kingdom, liectlTie
of certain by-laws and customs of those places : For remedy
whereof be it enacted by the King's most excellent Majesty,
by and with the advice and consent of the 'Lords spiritual
and temporal, and Commons, 'in this present Parliament
assembled, 'and by the authority of the same, that all such
officers, mariners, soldiers, and marines as have been at any
time empli?yed iu the service of his Majesty since the 22nd day
of June, 1842, 410 have-4a-time deserted the said service, and

. •
•
marines, may set up and 04ervise guch tyacieg at they are apt and
able for in any city, town, )r place Within this ingdpm without
any let, suit, or molestation of any person or persons whatso-
ver for or by reason of the using of such trade, nor shall such
officers mariners, soldiers, or marines, or their wives or
children, during the time they shall exercise such trades, be
removable from such respective place or places to his, her, or
their last higal place Of settlement by virtue of any law now in

or persons Siialll4eCome,Uctually charitcable to such parish or
place t and if any such °film or officers. mariner or mariners

of any sileh Al

sued, impicudedt or indicted in arty court whatsqeyer withM
this kingdom for using or exercising, such trades as iaore,
said, then the said officer or officers, mariner or mariners,
soldier or soldiers, marine or marines, or the wife or
child of and• such officer, mariner, soldier, or marine,
makin, it annear to the same emn•t wlioro Hwy ATP

so sued, imp) tided, or indicted, that they 11;tve served

his Majesty as aforesaid, or that he, she, or they is or
are th,: wife or wives, child or children, of such officer or
officers, marin,cr mariners, soldier or soldiers, marine or
marines who shall have so sprred his Majesty, shall, upon
the general issue pleaited, bp found not guilty in any plaint,
bill, information, ot• indictment ezlhibiteci against them;
and such person or p w persons hO, n4twithsTtioiditig this
act, shall prosecute the said slit by bill, plaint, informa:
-tion, or indictment, and shall have c'Verdia .pa.ssed
against him or them, or become nonsuit therein, or dis-
continue his or their said suit, shall pay unto such

officer or officers, mariner or mariners, soldier or soldiers,
marine, or marines, or the wife or child of such officer,
mariner, soldier; or marine respectively, double Costs of
suit, tq be recovered as any other costs at common law-may
be reco,Nred.-; ford all judges and jurors before whom any
such suit, inforniati(‘,'.(4: .indictment shall be brought, and
all other persons whatsoever; ar 'to take notice of this
present act, and shall conform themseiveS' thereto, riny
statute, law, ordinance, custom, or provision to the
contrary in anywise notwithstanding." That this act
shall not he in anywise prejudicial to the privileges
of' tho UniVecsitie* of Cambridge and Oxford, or either
of them, or extend bo gibe li4;ty to any person to • act
Dili the trade of a vintner, or to sell any wine or other
within the said Universities, without license first had and
obtained from the vice-chancellor of the same respectively."
Ho believed that the defence on the other side 'would be
that the wo4wr of the section of the act, which related
to bye-laws anemic-44, showed that it applied entirely to
cases where persons were prohil?iN4 from exercising trade
in certain cities by 'reason of bye-laws' and custoris, as,
.for
instance, in nit being a freeman.' In suchcase, the fact
of his not being d freeman would prevent him from carry:
ing oil he' trade ; but he su4goitted that the act of parlia-
ment extended much further than dial. lf Pry were to
confine themselves to the first part of the act ot parliament,.
it would be difficult to argue that it extended to any other
point than where sonic bye-law or custom existed in a place,
'list he would go further, and read the rest of the section of
the act, and it would be seen that it had a much- more ex-
tended view. At the end of the section it enacted that all
judges should take notice of that enactment. He then
went on to read several portions of 'the act, and comment
upon them at great length, and contended that by
the judges being required to take notice of the-
enactment something more was meant than a prohi-
bition of byeAaws 14d customs. - He contended that his
clients were free from excise license, inasmuch as the excise
' could not grant a lien s° withguthis
license' of the .magis-
trates at the sessions; and the act freed them from the ne7
cessity- of going to the magistrates for a ,:issionis.;
consequently they were free front any license whatever,
whether from the local authoritieSor from the excise. This
point was argued at considerable length. Mr. Tyndale re-
plied to Mr. Deighton's argument, by stating that the ob-
ject of the,act was to benefit poor soldiers and others, who
would have been chargeable on the country. At that time
the burden - of maintaining*. then was, much felt, and it was
passed that it might be Tightened. Since that time the
unicipal Act had been passed, by which the exclusive
rights of trading were abolished. He read from 5 and
6 William 4th, chap. 74---" And whereas in divers Cities,
towns and boroughs, a certain custom hath prevailed, and
certain
.bye-laws have been made, that no person,
not being free of a city or borough, or 01,
certain guilds, mysteries, or trading companies within
the same, or some one of them, shall keep any shop
, or place for putting to show or sale, any or certain
wares or merchandise by way of retail or otherwise, or use.

any certain trades or occupation, nwsteries or handicrafts,
of whatever, nature or call within the same ; Be it enacted
that, notwithstanding any such custom or bye-law, any
person in any borough may keep any shop, and sell of law-
ful wares or merchandizes, by wholesale or retail, mid use
any lawful trade or occupation, mysteries or handicraft,
within any borough." That,, he contended, repealed the
The- defendants were liable to a penalty. 1k men-
"-- ease which had been tried in London, and

a•,•1.
decided against the defendants in that case.
said, as had been stated by Mr. Mightn't

3Er. Mansfield
people were

get a rnagistrate'sv license before they could get

UIIAL 1,1 to exempt
soldiers and others from the necessity of doing so, he could
not: see why they should not contribute to the taxation of the
country when they were in a position to do so, The excise
could not grant a license- unless they had one from the

as to the claims of the defendants there had been nothing
befinc him which had done away with the claims of the
excise, and in the meantime he would inflict a penalty.—Mr.
Deighton hoped that
,the penalty would be small, as the case
had been brought merely fin• the purpose of trying the ques-
-44— _
-ty (£5) was inflicted. Mr. Deighton

?lied for

court. [We understand that a meeting will be held on Monday
evening, at eight o'clock, at 16, South John-street, to decide
upon the manner of carrying the above case to a superior
court.]

AssAuLT ON A MoTuEn.—James Lvsaught was charged
with assaulting his mother, on the '24th of last month. The
prisoner is well known to the police as a drunken vagabond,
and on the day in question he went home in a state. of
drunkenness, and after holding out many threats towards
his parent, ended by striking her on the head with a teapot.
He was sent tofor six months and to be kept at hard
gaol -
labour.

DEERSELLERS' CASES.—Willialll Smith, Greek-street,
was summoned for selling drink during prohibited hours.
Inspector Gough stated that the house was a nuisance to
the neighbourhood. A fine of 2s. Gd. and costs was im-
posed.—Charles Morris, Trowbridge-street, was summoned
for Sunday trading, and fined os. and costs.—Patrick John
Gilbride, Pellew-street, was fined ss. and costs for Sunday
trading.—George Lloyd, Howe-street, fined ss. and costs
for Sunday trading.—Catherine Ainsworth, Chisenhall-street,
fined 55, and costs for Sunday trading.—John Trainer, of
the same street, fined. ss. and costs for a similar offence.—
John Clive, Prince Edwin-street, fined 10s. and costs for
Sunday trading.—Daniel Kelly, Collingwood-street; fined
Mi. and costs for Smithy trading.—Miles O'Brien, Gerrard-
street, fined 55., gild costs for Sunday trading.—Jane Fleet,
Providence-street,
6K(\l,maniiinaneedostsfo._r
officers, fined
street,. summoned for a like offence, acquitted.—James
jr,eutssinug
tutsoidea,thltipetil.ite-
Maoonbrey, Mersey-street, fined 2s. Gd. costs for Sunday
trading.

BIRKENHEAD COMMISSIONERS.

Yesterday morning, a special ineetinx of the Birkenhead
Commissioners was 'held tti the Public Offices, Hamilton-
square, llr, Laird, Chairimn, presiding, The object of the
meeting was to 'Seal mortgages, and to sign a petition to the
Queen in Council for the purpose of constituting the Com-
missioners into a Burial Board, and enable them to carry
out the provisions of the Burial Act, after the Clerk had
stated the object of the meeting,
The CiimumAN said it was the first time he had the op-
portunity of presiding at that BOaid since his re-election as
Chairman, having been in London. If the business should
be conducted as in former years, lie should have little
trouble, and he should have very great pleasure-in doing his
•t 1 • -to— townsl- C' •

best for .ae interest of ti. inp aairman 01 CU:
Board. The township havlT_, given their approval to the
Commissioners of forming that board into a Burial Board,
he took the opportunity iyhen he Was in London to call at
the liomeofflee: Tie Saw Mr, Tollcumebo,' who introduced
him to the Under7Secretary, Mr.Waddington. :Arr.-Wadding-
ton gave an interview; and after some conversation with him,
he (the Chairman) asked Mr. Wain, who was also in' London,
to call at the Burial-board office and obtain a form by
which they could make application to be empowered. Mr.
Wain called and consulted one of officials, and under the
instructions of a barrister who was accustomed to business
of this sort, he had a memorial prepared which would now
to the board. Knowing it was the wish of the
town that they. should take this matter into consideration at
the earliest opportunity, ho thought he was justified, while
in Undo% to nt lko these arrangements, as it would save
expense and time. It would be now for the Board to con-
firm the memorial.

The Clerk then read the memorial.
Mr.. BELL suggested that a paragraph referring to the
approval of the meeting of Birkenhead ratepayers should
be left out, being unnecessary and invidious, as no mention
was made of any meeting of Claughton ratepayers.
After some conversation, the meeting was adjourned till
this morning, at half-past nine o'clock, fir the purpose of
114ving: the memorial reArawn, and the ()Wile left

The deatl

ECCLESIASTICAL NEWS

.eaves vacant a canoe

goes to the ecclesiastical commissioners.
The Bishop of St. Helena is clovo.

eaving

gation of the Gospel

Lug himself before
;iety for the Propa-

The Queen has appointed the I/ev. Charles Kingsley,
jon„ reefor o vorsley, and the antllnr tif "Alton Locke,"
&c., ono of the chaplains in ovdinary to her .Majesty.

About a hundred men, consisting' of tradesmen, drapers'
istants. clerks.. &c.. have ioined the Exeter and South

Devon rifle cor

)s, at Exeter, and have been formed into two
companies. They are drilled mornings and evenings, in the
Castle-yard, by competent military men.

SERIOUS GAROTTE ROBBERY IN NOTTINGRAM.---At the
Nottingham Police-court, on Thursday, a low-looking fel-
low, named Aaron Arbour, was brought before the sitting
magistrates charged with violently- assaulting Mr. Thomp-
son, general dealer, ambrobhing him of £9O in notes and
gold, at the Tim Byron public-house, in Narrow Marsh.
It appears thiit ou Thmsdqy nlgrning, about one o'clock,
the prosecutor went to the ahove-Mned public-house. Two
men were there, the prisoner and another man. Prisoner
accused Thompson with having caused somebody to be
"lagged" at Preston, in Lancashire. , Thompson. acknow-
ledged having been at Preston once, but denied what the

pris—oner said. High words :followed, and ..Thompson en-
deavoured to effect his escape, but was prevented doing so
by the prisoner and his accomplice. The latter caught
him, threw Mill down, and throttled him until the blood
flowed from his ears, while the prisoner rifled his pockets pf
£65 in rotes fin •£25 in sovereigns. Information was
given to the police, and Arbour (the prisoner) was appre-
hended in a few hours. The case was remanded in order to
allow: time for further investigation by the police. None of
the money has as yet been discovered.

4.E.744.1piA111,E 'CASE Or CHEESE-VOISONING.-At the
Darlington Pollee7eourt, on igunclay, §ttperinteqdent Rob-
son asked for instructions under very peculiar circum-
stances. During the previous week, a large number of
persons had been engaged haymaking in the suburbs, and,
amongst other things for their refreshment, a cheese had
been bought from a shopkeeper, named Thornton, living at
Bank Top. Soon afterwards, all who had partaken, about
its number, were seized with violent purging,•vomiting,
mini?, and otheF symptoms of poisoning, whilst some who
had not eaten any cheese, remained in their usual health.
Medical men were called in, and then of )I)inion
. •
that the persoqS acre sutlerinq fprn kioMe mineral polspn)
administered tl, usual remedies. The Symptoms were in
several cases of a most alarming nature, so much so, that
fatal results were apprehended. Happily, however, all
seem now to have recovered, ,or , to have made consider-
able progress towards convalescence. Their further in-
quiries and observations induced the medical men to con-
elude that no mineral rinicnn .h.„l

ously introduced into the cheese, but that in its prepara-
tion some foreign matter had been accidentally taken
rn.auu naa neon ommously or AvAou.-
up, or ..chemically formed in the course of fermentation.
Dr. Christison's treatise on poisons gives several Ger-
--- --ses, r' • '

..,, ovnich go far to identify. this cheese-poisoning
with the celebrated sausage-poisoning, it appearing that
caseic acid is, under certain circumstances, formed by the
keeping of curd, and that this caseic acid is a modi-
fication of the acetic ‘conihined with an acrid oil, The
magistrates inquired whether this particular cheese could
be traced
,to the dairy where it was made. The Superin-
tendent replied that the cheese had, with a number of
others, been purchased from a factor, and, though there
was no doubt it had been made in Wensleydale, the parti-
cular dairy could not be satisfactorily ascertained. lie wished
to know whether the magistrates would require an analysis
l
The Bench thounlit, as no suspicion attached to any parties ;
been
engaged in the case, suggested
that Government
and as the cheese could not be traced to its maker, no useful
purpose would be serve
the cd byost from the all analys
county ris. They
ates. Dr.
could cer-
tainlY uot ,
Ilaslewooe guarantee
who hack
ght
31e Professere roerp
rTe
saeynl
toerdo
to oz
competent analyst,l4i if tliernPa
'tsY
should be: cautioned against
George Lewis. The a,gistrates declined to make any
order,
except that the shopkeeper
selling any more cheese of the same description.