Northern Times.
Liverpool, Merseyside, England, 1859-11-01 00:00:00

COUNTY COURT.--YESTERDAY.

(Before J. K. BLAIR, Judge.)
'An. v. BLUNDEIIL.—In this action Mr. Hime ap-
peared for the plaintiff, and Mr. Pemberton for the
defendant.—The plaintiff, Mr. John Neil, captain of the
Corfu, entered into an agreement with Messrs. Jonathan
Blundell and Son, to load his vessel with coals in three ,
days after she was placed under the crane in Bramley;.
Moore Dock. The vessel was, placed under the crane
on the 20th of September, but was not fully loaded
till the 27th September. The defendant, therefore,
brought this action to recover the sum of £8 Bs.,
being demurrage for four days' detention.—The
• defence set up was, first, that the plaintiff having laid
his vessel under the smallest crane for loading coal in the
dock, and having received the quantity lying opposite to it
belonging to the defendants, would have been removed
under the larger crane, and there receive the complement
agreed upon, had there not been a vessel aground
under it; and, secondly, that there was a verbal
agreement, that he (plaintiff) should have his vessel in dock
on the 18th in which case there would have been no
detention. His Honour considered that the second
point in the defence was merely an expression of what
the plaintiff 'expected to be able to perform, not an
express promise ; that the written agreement between
the parties plainly stipulated that the vessel was to
be loaded in three working days. His. Honour there.-
fore gave a verdict for the plaintiff.
AGNEW v. HEALING.—This action was brought by
the firm of Thomas Agnew and Son, picture dealers,
Liverpool and London Chambers, to recover the sum of
£3 35., the amount of subscription to a plate of " Her
Majesty's First Visit to her Wounded Soldiers." It
appeared Thht'the defendant, after having subscribed for,
had returned the plate, on
,the plea that he was unable
•to pay for it. • Messrs.: Agnew and Son immediately
wrote to him that it would lie at his risk. Defendant, in
court, again raised the plea of inability to pay the amount.
but also expressed his willingness- to enter into an
arrangement with plaintiffs, by-which, if the plate was
sold at a loss he would make it up. His Honour stated
he had nothing whatever to do with that ; the law upon
the question was clear that the defendant was liable, and
consequently he gave a verdict COT the plaintiffs.
JUDGMENT SUMMONSES.—Orders for commitment to
prison were given against the following persons for not.
having 'complied with orders of the court :—Robert
Houston, Barmouth-street, 14 days ; Edwin Starkey,
Fultonstreet, Regent-road, 14 days ;' and Edward
Grant, Vauxhall-road, 14 days ; warrants to issue in one
month.-
PERZURY IN THE COUNTY COURT.--During the
day a number of cases of no public interest or impOrt-
ance were heard, but in which there was more than an
ordinary amount of cross-swearing. The judge took
occasion to animadvert very, severely upon the preva-
lence of perjury in this court, expressing his abhorrence
Of the extent to which it was carried, and his deter-
minatiOn to commit the first person for trial, to whom
he had any prospect of bringing home the charge.
40 -
CABINET COUNCIL.—A Calimet Council was held on
Saturday, at the official residence of the First Lord of
the Treasury, in Downing-street. The Ministers pre-
sent were :—The Duke of ArgYll, 'Sir G. Cornewall
Lewis, Lord John Russell,- the Duke of Newcastle, the
Right. Hon. Sidney Herbert, 'Sir Charles Wood, the
Chancellor of the Exchequer, the Duke of Somerset,
the Right Hon. T. Milner Gibson, Sir George Grey, and
the Right Hon. .C• Villiers

COURT-OF PASSAGE.

(Before E. JAMES2_Esq.,.Q.C., Assessor.
ACTION FOR LIBEI.--AVGiVINTY 0. EDY.— IS was
an action for libel. Mr. Aspinall appeared for the plain-
tiff, and Mr. Deighton_for the defendant. Mr. Aspmall,
in stating the case, said that the plaintiff had been in
the army, and is now a pensioner, and also one-of the
overlookers in the salvage corps. On the 26th of July
last, a large fire took place at the North Shore Mills,
and the salvage men were employed to look after the
property; and it was- the duty of the plaintiff to visit
the men and see that they were attending to their datics.
On the 28th of August, oae of the salvage men, named
M`liane, was tipsy, and the plaintiff reported him to
Captain Falkner, and he was suspended. M•liane was a
friend of Edy, who exerted himself to have M'Kane rein-
stated. He was unsuccessful, and, on the 2nd Sept., he
wrote a letter to Capt. Falkner, the following of which is a
copy Please to excuse the liberty of writing to you,
but the annoyance is so great that I am forced to com-
plain. Orr the 24th August, your visiting sergeant
M'Gwinty came here in a state of intoxication, and dis-
turbed all the neighbours, and they thought some-.
thing was wrong. There are several persons who will
prove that M'Gwinty was also drunk on the 28th of
August." The letter was signed George Edy. In
consequence of this letter M‘Gwility was suspended,
and the present action was brought to clear the
plaintiff's character from the imputations cast upon
It.—The plaintiff was called, and said that he was
a pensioner, and a sergeant in the salvage corps. He
was not at the North Shore Mills or Love-lane on the
.24th August. He was there on the 28th, but he was
perfectly sober.—A number of witnesses were called to
prove these facts.—Mr. Deighton contended that there
was no evidence to show that the letter had ever reached-
the hands of Captain Falkner, or that the plaintiff had
suffered any pecuniary loss.—Mr. Aspinall asked per-
mission to call another witness, Mr. John Moss, secretary
to the Salvage Company, who proved that the letter had
reached Captain Falkner, and that the plaintiff was
suspended on that account.—Several witnesses were called
on the part of the defendant, whose evidence went to shoW
that the plaintiff was drunk on several occasions, and
that he had caused much annoyance.—The Assessor
summed up at lengh, and concluded by asking the jury
did they believe that the libel was true: was the plaintiff
dr ink on the occasions alleged ?—The- jury considered
th.f.t the letter was written in a bone fide manner, and
in the discharge of the defendant's duty. -Verdict for
the defendant.
This concluded the business of the court.

THE LAST MARCH OF FRANKLIN'S BLUE

JACKETS.

In 1845 the Erebus and Terror sailed for Baffin's
Bay, under the command of Sir John Franklin and
Captain Crozier, and performed in-- the autumn of that
year one of the most remarkable Arctic voyages on
record—having sailed up Wallington Channel to 77 deg,.
N., and returned to Barrow's Straits by the west coast of
Cornwallis Island. The expedition wintered near
Beechy Island, and in the summer of 1846 succeeded
in sailing down Peel Sound as far as the 70th parallel
of latitude, off the north point of King William's
In taking this course, Franklin followed exactly the
orders he had received on leaving England. On the 12th
September, 1846, having reached this Point, the expedi-
tion was beset by the ice, and prepared to winter in the
pack, no doubt expecting to drift with the ice consider-
ably during the winter. They were now within a few
miles of the open water leading into the Pacific, and
may have indulged in the bright hopes of a successful
accomplishment of the north-west passage on the-break-
up of the ice in the following summer. Sir John
Franklin died in this hope on the 11th 'June, 1847.
The officers arid crews he left behind saw the autumn
and winter of 1847 pass without any breaking up of the
ice, and with the alarming symptom that the ships had
onlydrifted -through twelve Miles in nineteen'inentlis.
Many ships have been known to drift 1,200 miles in
a pack from autumn to spring—in fact, the ice that
covers the Arctic Sea is a vast floating plane or raft,
!inhabited by 'bears, seals, foxes, and hares, which, by
:accident or design have become its crew—they all drift
together on their floating island, feeding upon each other,
or starving, when the supply of gulls and lemmings
runs short on the approach of winter. Motion, often rapid,
generally constant, is the characteristic of this ice
--piano ; and its most terrible feature is the motionless
solitude that for those nineteen months hung round the
devoted Erebus and Terror. The doomed .vessels had
really reached the line of stationary pack ice that marks
the junction of the Atlantic and Pacific tides, where the
restless waters of the two oceans destroy each the other's
motion, and so render stationary the ice-pack that floats
upon their surface. Along this fatal line, which no ship
has yet crossed, and which no ship will ever cross, are
ranged the skeletons of ships, abandoned in the vain
attempt to coerce and override the laws of nature..
Kane's Advance lies on this. line in Smith's Sound.
Sir Edward Beleber's two fine ships—Assistance and
Pioneer—are placed on its prolongation in Wellington
Channel ; M'Clure's Investigator lies on -this line in the
Bay of Mercy. The Erebus and Terror, in vain
attempted to cross this magic ring. In -a year and a
half they had only made twelve miles, and were. finally
abandoned by their despairing crews on 22nd April,
1848, under the command of Crozier and Fitzjames.
During the early months of the year preparations had
been made for the final retreat, by building two large
boats, capable of accommodating one hundred men, and
those boats were mounted upon sledges of oak, for the
purpose of dragging them over the ice, until!they should
be launched upon the Fish River, distant 220 miles.
The voyagers started, 105 in number, on the 22nd
April, 1848, and after three days' incessant toil only
made fifteen miles to Point Victory, where a record in
the handwriting of Crozier, shaken and imperfectly
written, revealed the broken health and shattered
strength of the commander of this forlorn hope. Five
miles per day was all that this overloaded band, whose
strength was doubtless enfeebled by scurvy and sickness,
could accomplish—dragging with them their heavy boats
and sick companions. From the time they had sailed
from England sixteen had died, and the remaining 105
were now starting on their last and dreadful journey.
The cape, on whfoli they rested for a time, was named
" 'Victory" by Sir John Ross many years before, in
honour of his little steamer, and within sight of it were
two headlands, also named by him, Cape Sir John
Franklin and Cape Jane -Franklin.
From this point the retreating crews slowly retired, tra-
velling on the ice along the western and southern shores
'soflwslhaniedh,
btahrre
elnowiaannad
csonuoldw-sccoarveercelyd
dragging .their weary load. Near Cape Herschel, one
bloifem eKdiont ntgne g
iWt
sr rilhiaiecade from the ice on which—they walked,
ms
brave fellow, not wishing to trouble his shipmates with
a biirthen he was unable to carry any further himself,
fell from the ranks, and folding the letters from one he
loved at home, to his heart, quietly lay down and died.
Provisions had now run short, and a party of about
forty was sent back to the ships for food and, fuel.
They dragged one of the boats with them, which
they used as shelter while sleeping, and when
within sixty miles of the Erebus and Terror, finding
the load too great, left two of their party in charge,
and returned to the Erebus without their boat,
intending to carry back a fresh stock Of food, and
resume the journey to overtake the advance guard at the
Fish River. On their reaching the Erebus, the way-
ward ice broke up, and dashing her to pieces, submerged
her beneath the waves, carrying to the bottom as gallant
a crew as ever-volunteered to save their suffering ship-
mates. The Terror was driven on King William's
Island by the same catastrophe, manned by a skeleton
whOse bleaching bones terrified the savage Esquimaux
who first boarded her wreck.

3feanwhile, the two watchmen in the boat kept guard,
anxiously waiting for the return of their comrades; but
in
,vain. The time appointed elapsed, and their food ran
short; they wrapped themselves in their furs and cloaks,
and waited for death to release them from their sad fate.
Foi. eleven years the dead watchmen kept ward in that
solitary boat, with loaded guns beside them, waiting for
their comrades.

y
Ri3vleer,anwthimeree; 'ththeye menain oampbeoddT had
woitingrefaorched h
the
foodte
Fish
they
had sent for to the Erebus. In the long march (220
miles) from the ships, upwards of twenty-five had fallen
by the way, heartbroken, and weary Of life's burden;
but the discipline of the party, we may safely imagine,
never failed until the last few days, when their officers
hbeaivnigngdepaedriasnhdedthienirthfoeosdhei;h,ausa s tewd,astheeviird
ereturn
in
p ary t
the
long lapse of time, the last survivors gave way to the
horrors of their hunger.

m pha
yect
tti ii;e:
o7nT e
first of a batch of eight locomotive ,engines
LOcomfonvelEvcEasstoi I NoE S. FORyn IBaiFeA.irusE.t-cloreS,SlTiS.elina
have been commissioned to make for.the zap.;
thorns, o
Cape of Good Hope,

THE LONDON PRESS ON THE GREAT
CONSERVATIVE DEMONSTRATION•

The report of the speeches at the Conservative deg
monstration, on Saturd.ay, occupies from six to seven.
columns of the morning papers. All the principal Pa'
pers make it the subject of a leading article.
The Liverpool gathering of Saturday night, says the
Tunes, with some allowance for improvements in the
stage decorations suggested by the experience of near a
century and a-half, Might be easily mistaken for a real.%
hearty, party enthusiasm. Above, there was a circle of
Englishwomen, all dressed in the Tory uniform of 114
and blue, exhibiting an aggregate of beauty which
England only can show, smiling their sweetest smiles,
waving their best embroidered kerchiefs, eyes flash-
ing strong excitement, and every gesture indicating
-
the enthusiasm which the gentle creatures so promptl.%;
feel for any cause their fathers, their husbands, and
their brothers have taught them to consider as their
own. Below, a mingled mass of gay uniforms and sober
black coats was assisted to form a general effect by
all the paraphernalia of flowers and fruit and wine.
The clear voice of the skilled orator drew forth 11.
succession every common sympathy, and supplieu
the •intoxication which it is no longer in our habits
to seek from wine. There was one point, however, in
this display which was a reality. It was a great
compliment to a high and honourable statesman, and 3
testimony of affection offered by his neighbours to an
amiable and illustrious nobleman. We take Lord
Derby's speech to be something more: than the
mere hackneyed form of phrase in which some
ambitious public man, impatient for office, declares th 3",
he is animated by no factious motives, and that be
good. The country will, we believe, recognise
shapes his conduct with the single object of his country's-
wisdom of Lord Derby's resolve and the patiiotisat
which dictates his reserve. If he will wait, and wet
honestly and patiently, he may gather strength, and
even efficient adherents, and the day will, perhaPt
arrive when the people, growing tired of a party whit'',
.has nolonger any reforms to give; may throw themselve'
into his arms, and when he may reckon upon a lease
of power even from popular-ingratitude.
Lord-Derby, says the Standard, needs' no eulogy frog'
us. A far higher one was paid by the men of Liverpool
in their enthusiastic reception, a. compliment all the nwr.,
gratifying, inasmuch as it was paid, to use the noble ear''
words, " in the centre of this great commercial meteor
lis of the country ; but, not only so, but in my own natir
county, and where not only my public but my private
from my earliest boyhood, is open to the criticism of a,
whom I address." It is no insignificant proof of the fore;,
sight and judgment of " the great warrior and statesman
who is now gone, that in the' temporary disrtiption,°`
the Conservative party consequent on the repeal of the
corn laws, he should have selected Lord Derby as till
leader upon whom his mantle should descend, f
should have implored him to accept the command
the
hopes defeated but unsullied band on which rested Ole
hopes of the constitutional cause. The 'secret 01
well kept, and few of those who have wondered 8
the charms of 'office to the Conservative peer can ha°
the
guessed that, in accenting the task of forming
an administration in the face of an acknowledged ink,'
rity in the House of Commons, the noble lord sra'
actuated by obedience to the latest Solicitation of onee
who also in his time had done " some service to tile
state." Those who expected a confession of faith or 1:
programme of Conservative policy at the Liverpo°4l
banquet are disappointed. Programmes are not Inac
in favour now-a-days. Whig programmes have at. 3
times proved, very unsatisfactory shadows of cony%
eventsa and our own recent continental experiell ,0.
seems to show that the word has lost suu4
of its ancient meaning. But he who runs
read in Lord Derby's words the consciousness of strap_
and the certainty of success, tempered by
.the deterrulTe
tion to permit no subordination of the interests of t."_;,
country to party gain, nor any trifling with the charac,t,.';
of parliamentary government in order to wrest from !"0
so-called Liberal Administration the position they 'o°
by a discreditable mancenvre. When the next battleeei
parties is fought it will be on a question involving rtre
principles. The Liberals may hope much front etc
forbearance of their opponents; nothing from th'ileh
abandonment of any one of those barriers °do.
are the necessary defences of our Constitu
the
Lord Derby' pointed out the direction whield' that
course of true reform should take, when he state The
the aim of Conservatism is social improvement-
or,as
question is wheiliei: the-,mere gift of political P°,:vvs •
to-
conveyed in the right of suffrage is the best Ine",7field
ward this end; and the disclosures of ha
and Gloucester, the ruinous combination amongst t„ t
London operatives, seem to us to answer it ver•Y
clearly in the negative. "What line the Presearoo
Government will take it is hard to say. There
certainly difficulties ahead which Would justify to
but a Whig Government the postponement of the co". 0
sideration of a new reform bill; and these are it'o
many opposed sections in the Cabinet as to makei,
doubt the possibility of an agreement amongst its I"
hers, even if their want of -harmony had not alrei,':,4
become a notorious fact.. But they have Lord Deroujit,
assurance that their scheme will meet with an 11(2.0
1.0
able and sincere support from Conservatives, if it auetit
a hope of .settling the reform question on a perm ok
and constitutional basis ; whilst they may certainlY2t be
for the most determined opposition if their prneals
founded on' the expressed views of the extreme 111,0 ed
of their Administration. In
_the meantime,i well
Derby's words of warning should be pondeteur, of
and diligently acted on. His fourteen Yet
arduous service deserve some- better recognition t'iatiited
enthusiastic demonstration, they ilionld be relLoich
by equal earnestness in the great cause, it foe s
indeed, be unfair to expect Lord Derby to take as
third time in the undignified position of the leaderose
bare majority or of an actual minority. The PeePleo.thea
stand by their leader; and must support and strenesenis
out of Parliament the compact phalanxh tao
now to be so near to victory. - It may be 1301
exertion will be needed on the part of Lord into
and his supporters, and_that the ripe apple will faLatitie4
his hands without his effort. It may be that the, has
a
of a Conservative opposition will be best fulfilletiner'oas,
patriotic abnegation of party feeling, and by ..gelcorao
support of the "present Government against el.theos*:
menace or aggression.- But whether for the over
tuft
of the Whig Administration or for its assistance "ceitca
democratic pressure or foreign intrigue, the.riat''
strength of the Conservative party will be calf, the
play, and every man shall prepare himself iv,o per
struggle in the conviction " that he has a duty
form and a cause to serve." a -
Upon their own showing, says the ifornie,,,,o,
Liverpool contained, on Saturday last, the ere lea
the senatorial .talent of the British empire ; tuieneiher!
captain was there, and all the most prominent p_,jog
of his' staff were gathered around him, constit?'oleti
force efficiently powerful to " save the ceuntrY;s';
any conceivable concurrence 'of circumstane
those shining lights of the political flralaraced blO
sembled at a banquet, where toasts, in-no/040'5
speeches which touched upon various points
and forei,gri policy, gave ample occasion for theol?" dale
on all the most important questions of d
What words of wisdom issued from the liP.!_wieg t`:i
heaVen-born guardians of the'State, foreshadow
noble deeds which they are prepared to ach!.
England again entrust her destinies to their their
to
What line of conduct did they declare it to Du_ - ig
tention to pursue if they are permitted once :10,,
climb the giddy eminence of power ? On onea_P:'sosibolj
true, Lord Derby and Lord Ifalmesbury spottioe, golf
and manfully, repudiating a policy of intervoeo", foie
maintaining the duty of England to keep al
The Herald says the real political irnroola
gathering is, the proof it affords of the deep
_oa
.011:_to
interference in the quarrels of other nations-
_t of
t,l';
Conservative principles have upon the heartt;
aiTidhethteruptrhosisp,ecote onkeavo,
Aland,
at Liverpool, is
-uoitt
in
nf tshoeupeopleth Lan
af s
hEi
rneg,
ail OA
bet
sion of the process that is going on, throng'
.eeti
country. by 's sider
News looks through Lord Der
triumph which it reveals.
The _Dm P
in vain for any distinct utterance of principle
that can by possibility be made the cornto.iie a
future Conservative policy. All. is alike ;cow.
vehement—in tone enthusiastic, but in sense
4- c furdBl,,er
THE STEPHENSON MEMORIAL.— On
special meeting of the committee who have t e stePhe ins hteera
meat of the memorial to be erected to Gre„(l.th-Eas
son, was held 'in the boardroom of the ""4°,o,etleel'Protr-
Railway Company, Central -Station, New__sueelin
Tyne, to consider what course should be rn!'ctpobei.l4
sequence of the lamented death of Robe decided ta:01
on should 6 to 10
monument to George tephens
referene
with, and that the steps to be taken in o
the on, - :tan' e
memorial to Robert Stephenson, -tihnle. aes
Nicholas Wood, Es q. )resided. It was üb'e pro_ce
of the 1 he co
considered at a public meeting
to be held in t
•
oNf eaw `fortnight.eas t
leand, neighbourhood,

) sever
ipal pa.

r a real
circle o