The Northern Daily Times.
Liverpool, Merseyside, England, 1857-01-10 00:00:00

BEFORE EDWARD JAMES, Q.O AS,M-SOR.

GORMXN V TAYLoa.—This was an action brought by
the plaintiff, Joseph Gorman, a stevedore of this town, to
recover of the, defendant, Philip Taylor, merchant of
Bristol, compensation for a breach of a written contract.
-111• Donald appeared for the plaintiff, and Mr. Aspi.
null for the defendant. In this case it appeared that
the plaintiff had agreed to stow a cargo in the vessel the
.Summer Cloud, at Is. per ton. He and his men did
comir.ence to stow the cargo, when the defendant's agent
itroke the contract he had entered into, by discharging
the plaintiff and taking other hands to complete the
work. The real question at issue was : did he improperly
discharge the plaintiff ? On this point several witnesses
were called ; for the plaintiff it was alleged that the
delay was occasional, by the defendant not finding a
proper supi-ly of dunnage wood to stow the cargo. For
the defence it was urged that the cargo was improperly
stowed—that the men were rough and ill conducted, and
did not appear to khow what their businesi w is. E +eh
of the learned gentlemen addressed the jury on behalf of
their respective clients, after which the assessor summed
up, leavilg it for the jury to say whether the defendant
did,- properly or improperly, discharge the plaintiff from
the contract he had made. Verdict for the plaintiff,
damages £6.

Bawer v BOLD —This was an action for trespass.
The plaintiff was Thomas Bailey. the keeper of a beer
shop in Roscommon street, and the defendant was Mr.
Cabel Bold, the-landlord, who had on the 13th July last
taken forcible possession of the house, and kept the
furniture that was therein. This was the fourth action
arising out of the same transaction. 'To this action there
was no defence beyond the speech of Mr. Aspinal, who
argued that the plaintiff had a right to specificially prove
the value of the furniture in the house at the time, but
that was speedily overruled by the assessor. who after
citing a ease that hid been tried, held that the defendant
could have been called, and stated extetly whet goods he
did leep, bnt such not having te.n done, the jury would
have to take the sworn evidence of the witnesses.
Verdict, for the plaintiff, damages £4O.
- WHITELEY V. RICHARDSONTIIiS was an action to
recover a certain stun, for money lent, and for goods
mild. and delivered. Mr. Samuel Whiteley. joiner and
builder, and furniture broker, of Lord Nelson street,
was the plaintiff. and Mr. Evan Richardson, a publican,
of the Old Saddle Inn, on the London road, with his
wife, Caroline, were the defendants. In this case, it
appeared that the present Mrs. Richardson had formerly
lived with a Mr. Sanderson,, a tailor and outfitter, and
were then supposed to be man and wife. In the month
of May, 1856, Mr. Sanderson and the Ares-nt female
defendant agreed to take a house in Lord Nelson street,
belonging to the plaintiff, for which they were to pay
£33 per annum, to be paid monthly. But at that time
they had no furniture to put into the house, and after
some little negociation, the plaintiff agreed to furnish
the house, and provided furniture to the amount of
£252 8s ld, which was to be paid by £.50 dosin, and the
remainder by instalments of £2 per month The £5O
was not paid, but some of the instalments were. At
That time-there waia cigar divan to let in Great Charlotte
street, belonging to Mr. Teuton, and Mr. Sanderson and
his then supposed wife were very desirons of taking it,
and in order to enable them to do so, the sum of £6O was
borrowed at a loan society, the plaintiff being the
burrower and guarantee. Out of that £(10, a portion was
:taken to enable the parties to take the cigar divan, and
the remainder was kept by the plaintiff towards liqui-
dating the debt due for the furniture. About this time
there was some little dispute between Mr. Sanderson and
his Caroline, in the course of which, the plaintiff heard
enough to-let him know that the parties were not married.
Upon that he went and asked the fact, which was
at once admitted, and then Mrs. Sanderson, who
for a short time will appear as Miss Caroline Glee-Yes,
requested to have the bills made out in her name, as she
stated that it was herself, and not Sanderson, who had
borrowed the money. This the plaintiff did, and also
gave the receipts in- the name of of Miss Caroline
Gleaves. About this time the house in Lord Nelson
street was given up, and taken by Mr. Coppleston. who
agreed to take- £49 worth of the furniture, and the
plaintiff agreed to take back £94, the remainder was
taken to a beerhouse in Marybone, which had been
taken by the parties. While there the plaintiff went
down to-the beerhouse, when Miss Gleaves complained
'ef the state -of trade, and said she could not pay the
instalments to the loan society, upon which he con-
, wilted to make up any weekly deficiency in the weekly
instalments, at the same time observing, "Remember,
Carry, I lend the money to you." Shortly after
the
_plaintiff beard that Miss Gleaves was about to be
married to the present defendant, Mr. Richardson, and
cansetenently paid her a visit to know if such was the
fact, and upon her assuring him that it was, he asked if
she had told Mr. Richardson about the money matters,
and on being answered in the affirmative, Mr.
it chardson was consulted, and admitted that he
was aware of the liabilities he was about to
incur, and the result of the interview was, that as the wed-
-ding was to take place on the following morning, the
plaintiff was invited to the breakfast. After this, some
satisfactory arrangement was made with regard to the money
owing for the furniture, but ultimately Mr. Richardson
repudiated his liabily for the money due to the loan society ;
hence the present action. The plaintiff was called, and fully
corroborated the opening statement made by Mr. Aspinall.
Mr. Brett addressed the court for the defendants, arguing
that the whole affair with regard the money borrowed
from the Loan Society was a transaction .between
the plaintiff and Sanderson, and that the female
did not know anything about it until the 'day she was
married, when be first mentioned it, and the claim
was repudiated. He called Mrs.. Richardson, who stated
that she had lept Sanderson £lOO to take the cigar divan
in the plaintiff's presence, and for which she had received
an I 0.U,, which was produced. She distinctly swore that
she'did not know anything of the money borrowed from the
loan until the day after she was married, when the plaintiff
told her of it, and she" expressed her surprise. She bad
nothing to do with the divan more than lending the money
to Sanderson. After that she got possession of the divan,
:o secure her £lOO, but ultimately gave it un to
the plaintiff, and settled with him saying, " Thank
God, I am now clear of you; you and I are square.
ge said, " Yes we are clear." She said, " Well
what has become of my £lOO. It is all gone, and you- have
got everything." He then mentioned about the loan,
otserving that that was a matter between himself and
Sanderson. After the marriage, he called, and then said
Sanderson was very poor, and that her husband could afford
to pay it, but she always denied having any knowledge of
it. 'On one occasion he called when her husband was out,
and wished her to pay the loan by weekly instalments,
nektiown to her husband, but this she decidedly refused to
do. Mr, Richardson, the plaintiff, also positively denied
ever having promised to pay the loan by instalments,
saying that his wife was not liable for that at:taunt, and
that the furniture had been settled for. Mr. Brett haring
replied on the whole else, the assessor summed up the
evidence, and the jury-returned a verdict for the defendant.
MURPHY V. Emasoer.—This was an action- brought to
recover compensation for damages for injuries received
through the negligence and carelessness of the driver of the
cart. Mr. Brett was for the complainant, and Mr. Aspinall
was for the defendant. In this case the complainant was a
child named Margaret Murpl4, aged three years and a
half, and the defendant was Mr. Nathan Ellison, contractor
foe manure, the owner of a cart, the driver of which had
occasioned the injury. On a certain day the child wad
crossing Sawney Pope street, from her father's house,when
it was knocked down by the horse and the cart, which went
over its foot; Meting severe injuries. At the time the
driver was standing in the cart, looking behind him, and
therefore could not see the child. Mr. Aspinall, for the
defendant; submitted that there was no blame on the part
of his client, and that the child's injury arose entirely from
accidental circumstances. Verdict for the plaintiff.
Damages, £2O.
The court then adjourned.

In our obituary of to day is recorded the decease of Mr.
Brook, Gill•street, for many years well known as one of
our most skilful resident chiropodists. lie has been
removed in the prime of his days and usefulness, and has
left to his widow a numerous young family, the greater
part of whom are girls. To support these, Mrs. Brook
has determined to continue in her husband's profession,
and as ehe has had many years experience, under his
direction, on the treatment of diseases of the feet of ladles
and children, we earnestly hope that the merchants,
gentry, and others, who have been benefited by her late
husband's skill, will continue their patronage to the
widow.—See Adut.

A REALLY GOOD PENCIL.—Next to a good pen is a really
good pencil, and in the counting house and amongst private
families it is nearly as indispensable. To reporters and
other literary persons a good and useful pencil is a
desideratum. Some considerable experience enables us to
say that some thousands of pencils of different makers have
passed through our fingers, and although we preferred our
own country make to others heretofore, we cannot help
observing that we have never met with so good pencils as
those now selling at Mr. E. T. Hall's, of South John street.
These articles are manufactured in Germany specially for
Mr. Hall, arid from the superior quality of the lead and the
cheapness of labour in that country, the article is low in
price, but not to be equalled in quality. Any one trying
these pencils will soon corroborate what we say about them.
The shape of the wood is octagon, a vast improvement to
the holder, and when laid out of the hand will not roll
away.

WRECK OF THE 110ADICVA, WITH LOSS OF
NINE LIVES.

GUERNSEY, Jan. 6.—Soon after daybreak yesterday
morning some persons perceived what they believed to bo
a wreck on the Totnez Rocks, to the north-eastward of
the islet of Herm, between three or four miles to the east
of the harbour of St. Peter Port, but as it was then blow-
ing a gale'from the north-east, no boats ventured to pro-
ceed.to the spot. At about nine o'clock, however, the brig
Diolinda, from Poole, came into the roads, and, as it after-
wards appeared. reported to some vessel which was also
lying there, that she had seen the wreck, and perceived
several men on her deck. Unfortunately. however, this
intelligence was not promulgated till about eleven o'clock,
when it reached the Commander of her Majesty's revenue
cutter Eagle, which was then lying in the roads, and
also Captain Scott, of the steam tug IV att, both
of whom prepared to go to the rescue. The cutter
Blonde arrived at the spot from St. Sampson's, from where
the wreck and the men on board had been perceived.
Just before the Watt reached the wreck, she picked up a
man who was holding on to a spar. The Eagle and the
Blonde each got out a boat, which approached the wreck
as close as it was possible, and the latter, succeeded in
rescuing two of the crew, whom she transferred to the
Watt, while the boat of the Eagle saved three, and took
them on board that vessel. There still, however, remained
two men visible on board the wreck, and the crews of the
two boats made every effort to get anthem, but the broken
timbers, spars, and rigging, which were being furiously
dashed about by the sea, prevented them from reaching
the ship. A rope, however, was thrown on to
the wreck, and was caught by the captain, who passed
it under his arms, but from their being., as it was
supposed, entangled in the rigging, or from inability
to assist themselves, neither of the men could be
moved, and the captain, after his first effort, dropped his
head on his breast and apparently expired. Thefato of
the other could not be ascertained, and the three vessels,
after continuing their exertions as long as the safety of
their crews and the state of the rescued men would permit
returned to Guernsey. One of the shipwrecked crew,
Edward Bradley, expired soon after ho was received on
board the Eagle, and another was apparently lifeless, but
was recovered by skilful treatment in the hospital; a third
had the great toe of his foot so much crushed as to render
immediate amputation necessary, and the others were
suffering from contusions and exhaustion. On being
taken to the hospital the survivors were immediately
attended by Dr. Roberts and Mr. Cellenette, and through
their skill, and the comforts supplied in that establish.
ment, they are all now doing well. The name of the
wreaked ship was the barque Boadicea, Captain Todd,
of North Shields, of 415 tons, from Alexandria for
Antwerp, with a cargo of cotton seed and nnttron. She
struck on the rocks at four o'clock on Monday morning.
The masts were then cut away at about five o'clock, and
torches lighted, which continued burning till the ship
broke up at about daylight. At about ten o'clock, one
of the crew who was sick, was washed away, and five
others others were in like manner washed away at inter-
vals, the remainder holding on to the wreck tilt the arrival
of the three vessels between twelve and one o'clock in the
afternoon. Nine of the crew perished. There are two
circumstances in connection with this catastrophe which
demand serious enquiry :-Ist. Why the master of the
Dolinda, who arrived in the roads at nine o'clock, did not
immediately communicate information of the wreck ; and,
secondly, why the crew of the cutter Slcret, who also
knew of the 'event at nine o'clock, did not go to the
wreck.

THE LOSS OF THE NORTHERN BELLE.
GALLANT RESCUE.

During the late gale the Northern Belle, captain Tate, from
New York to London, was driven ashore at Kinesgate. The
crew were in the rigging all night, and suffered severely. In
the morning, about eleven o'clock, there was a great crowd
assembled to look if the ship, who were destined to witness a
very painful sight. A Margate lugger, called the Victory, was
hovering about the ship in the hope of rendering her some
-assistance, when a huge sea struck her; and she suddenly dis-
appeared from eight. She and her crew (from twelve to fifteen
in 'umbel) went down, and were no more seen. Another
lugger, the Ocean, of Margate, had at six a.m. put live hands
on board the Northern Belle. At noon, it was expected every
moment that the ghip would come on shore upon the rocks
beneath the cliff; but she held on, the crow-I remaining until
dark anxiously watching the vessel, despite the hail, sleet, and
snow which began to descend. On Tuesday morning, at day-
light, an awful sight was revealed to those on the cliffs and on
the beach. With the naked eye we could discern twenty
three men lashed to the rigging of the only mast left standing.
What these poor creatures must have suffered during the night
the reader will readily imagine. At halt past seven the lifeboat,
the Mary White, was manned. Ten brave men pulled through
a boiling surf and raging sea, which several times hid them
from sight, and filled the spectators with alarm for their safety.
When seven out of the twenty three men upon the wreck had
been got into the lifeboat it was found necessary to cut her
adrift and disentangle her from the ship. With these seven
men the boat returned to the shore amid loud cheers. A second
lifeboat was now launched, and seat off to the wreck. She
succeeded in bringing away fourteen. The two remaining were
the captain and the pilot, who had been taken in
at Dover. The former declared that 'he would rather
die than leave his vessel, and the latter expressed a desire
to remain and perish in the old man's company. After an
hour and a half had elapsed, the lifeboat, for the third time,
left the shore in order to persuade these tws men to save their
lives. Atter much difficulty, the crew of the boat succeeded
in inducing them to come off the rigging and go to the land.
To describe the scene on the beach when it was known that
all hands had been saved, is impossible. A more affecting
scene was seldom witnessed. There were tears of gratitude
shed by the Americans, tears of joy, and of ride by the
Broadstairs' boatmen. Benumbed, as the shipwrecked men
were, they could scarcely partake- of the refreshments which
were provided for them in the little warm parlour of " The
Captain Digby," the solitary inn which stands upon the cliff
at Kingsgete. At three o'clock, the,Mary White was dragged
upon her truck by three horses into Broadstaire. In the boat
sat her gallant crew. Tied to an oar, was the American
standard, which was so recently hoisted as a signal of distress.
The tattered flag fluttered over
,the broken hews of the Mary
White. It was thus, that the boat passed through the streets
Broadstairs, amidst the joyous shouts of the inhabitants of the
town.

A SUBMARINE VOLCANO.

(From the San Francisco Herald.)

Captain O. H. Newell, of the whaling barque, Alice
Frasier, gives the following description of the action of a
submarine volcano which sprang into existence in the
Straits of Onnimah, in lat. 54 36, lon. 165, on the 25th of
July last. There were five or six vessels in company at
the time when the volcano burst, and threw an immense
body of water to a tremendous height ; after which it
emitted lava and pumicestone on the decks of the vessel.
This singular oceanic phenomenon is corroborated by the
mssters of the whaling ships Willinm Thompson, Scotland,
and Enterprise :
" Barque Alice Frasier, at Sea, Oct, 30, 1856.
" About the 25th of July, whilst passing in company
with seine; others through the Straits of Onnimah, I
observed many of the mountain peaks upon the adjacent
islands undergoing strong volcanic action, ejecting vast
clouds of dense black smoke.

"A few other whalers, in company with myself, had
just rounded the west, point of the island, close to the base
of the volcano, upon that end of it, having been enjoying
the close view of its tremendous eruption, and listening to
the long rumbling roar as we undorwent several suc-
cessive shocks of partial earthquake, when the wind
suddenly died away from a strong breeze to a calm,
and left us entirely at the mercy of the eruptions,
close in with the land. After several hours of various
grades of action everything seemed to gror for the worse.
The throes of the elements and groans of the sphere became
rapidly more and more ominous. It became perfectly calm
—33 calm that the dense, black, unearthly smoke from the
crater rushed hea,ilong into the heavens, without deviatin g
to any point—an indication that there was a faint hope of
a coming bran for us ; then gradually dissipated into
cold gray clouds, from which fell showers of ashes, looking
in the distance like rain, though falling rather like snow
flakes. At this stage of things, after about 12 hours' calm,
there sprang up a light breeze from the south, seemingly
about to rid us of our dangerous companion s and you may
make no doubt but we endeavoured to profit by it, even to
the smallest sail we could set.

___ ._.._. _
" But then came the worst of all. The winds, acting
upon so-dense a body of smoke, blew it flat down upon
the sarface of the water, making it for more than 100
miles as I ascertained from others, an almost total eclipse,
shutting the land under it entirely from sight. The ashes
rained down upon us like a snow storm, covering every-
thing from deck to truck under one grey mantle of
cinders, almost blinding the people exposed, and grow-
ing dense and more dense, nearly to suffocation, until
we begin to e ni.itire up another sane of Pompeii and Her-
culaneum, and think we -should come qff rather worse
than Pliny's little fleet in the bay bf Naples. As the breeze
increased, we worked our way to the westward. leaving
the scathing, suffocating mass rzalling Away to,the north
upon the eastern board. Once clear, we had a long-job t 6
root
get clear of the ashes—washing and sea. high) abundance.
I have visited several volcanoes in the' • ive stages, but
that was a little more of the coalpit giness than agreed
with my taste in these matters.
" But the grand sublimity of the thing-was all to come.
As the breeze built up into a dashing wincralong came four
other ships. When, just as they got fairly in with the
north base of this mountain, gazing upon the grand
ebullition above them, there followed a long low rumbling
directly beneath them, and there sprang into instant ex-
istence simultaneous with the sound a vast terrific volcano
among the very fleet. First, the water boiled and rose
tumultuously into chaotic waves i then sprang, as by an
effort of some vast fountain, into a splendid column of
rolling waters to a great height. This gradually dissi-
pated. Then from earth to heaven, with a thundering

sound which rocked the very welkin, there sprang a burst
of smoke and flame as if earth's whole internal fires were
seeking a vent therefrom. Following this it commenced
casting up lava and pumieestone, from the size of a
pebble to that of a boulder, covering all the vessels
with lesser fragments of each, and keeping the ship's com-
panies in the most intense anxiety from fear of either
being blown into the air or crushed beneath the sea. These
grades of action continued only for a time, the eruption
sinking almost as sudden as it came, when the waters rolled
into the vacated chasm with the rush of a whirlwind,
meeting in the centre from every direction, and whirling
into a vortex only equalled by the Maelstrom, uttering a
voice little short of the British Niagara heard from Table
Rock.

• " The ships escaped, 'leaving the submarine volcano
undergoing a succession of changes of comparative quietude
and violent action. its throes a‘suming about the same
character as the first, with unequal intervals linTiting the
various stages it passed through.

"C. H. NEWELL."

AMUSEMENTS.

THEATR R )1( AL —The attractions of the pantomime do
not seem to be in the least waning. Daring the past week
the house has hen erowdeji every night, and the applause
has been a; enthns'astic as at the outset A short piece
performed each evening, before the opening-of the panto-
mime, gives opportunity for the display of the genuine
comic talents of Mr. Raker, who p-ss,ssses a vein of as
irresistible, although unexaggeralin::, humour as could be
enj )y.sd by tte audience of any theatre. The " points" of
the pantomime sill tell effectively upon the passing follies
and manias of the day, local as well as general. The
alarmingly redundant " crinoline" of the ladies afford; an
opening, not unavailed of the "fast" enterprises of specula
ti-n made grotesquely ludicrous; and even the unpleasant
proximity of G irotte, with his ticket of leave, makes us
only laugh for once.

A MPHITHEATRE.—The cenestrian company are still
succ siful at this theatre. We have spoken before of this
company in terms of well-deserved praise. Many of the
graceful displays of the female ridets are in special worthy
of admiration. Even those who refuse to see true grace in
the attitudes of the ballet, may look with pleasure at the
easy, natural, and yet striking poses of some of these fair
Amazons,

LIVERPOOL FESTIvAL CHORAL :SOCIETY —The fifty-
seventh public performance of this society took place in St,
George's Hal last night, and .was numerously attended,
notwithstanding the unfavourable character of the weather.
Handel's oratorio, " The Messiah" was the performance.
The principal vocal performers were iNti,s SAntley, Miss
Lady Gaskill, Mrs. Morgan, Mr. Wi'son, and Mr. E.
Diner, of the Cathedral, Chester; Mr. Bletens, was leader,
Mr. Best performed on the organ, and Mr. C. B. Herrman
filled the Dlav of conductor, recently occupied by the late
Mr. George Holden. The oratorio was rendered in a style
worthy in every respect of itself aad of the well-earned
reputatim of the society.
LIVERPOOL ACADEMY'S EXHIBITION.--We have only
space to call attention to the fact that this exhibition, one.
of the most varied and attractive we have had, can only be
seen during another week. The exhibitim is to close next
Saturday.

Tun COLOSSEUM keeps up its Christmas cbaracter, as
well as that which it zenerally possesses for goof and
rational amusement. Mr. Heath leaves hardly a week
without an addilonal novelty.

•
CLAYTON HALL.—MiSi Julia St. Geo-ge continues to de-
liver her beautiful and classical entertainment to crowded
and delighted houses every evening. The FAN now duly
appreciate the exertions of Mr. Thomas, and the talent
which he produces to gratify the maned taste of a Liverpool
audience. Having spoken, on several occasions, in detail,
of this entertainment, we have only to say that our opinion
continues unaltered, and that the more we see of it, the
more it is to be admired.
Armor's CRYSTAL PALATE.— This exhibition will al-
ways command a respectable and, admiring audience. It
cannot be otherwise, for a more delightful spit to spend an
hour in, is not in Liverpool. The prophecy of its success,
which we some time si❑ce ventured to give, has ben fully
realised. The organ performance, toe, possesses no small
magnetism for the numerous visitors.

HOFFMAN'S7QUEEN'S HALL —We have spoke so re-
cently and so fully on the merits and beauties of this
entertainment, that at present we have only to add that the
public'bestow son it a degree of patronage almost unheard
of. The first class society in Liverpool visit the beautiful
hall in crowds ; and we heard of one family who are so
enraptured at the performance, that they have been almost
nightly visitors since the opening. It is an entertainment
that never tires. See it once, and you are sure to go
again. We believe there still greater novelties in prepara-
tion.