Northern Times.
Liverpool, Merseyside, England, 1857-11-21 00:00:00

THE N ORTIIERN TIMES. LIVERPOOL, SATUR DAY, NOVEMBER 21 1587

by the police, and called su,veral witnesses, ',we of whom
cistioctly proved that there was no whiskey in the
house, and that after tbe house was opened at one o'clock,
some had to be sent for. The Bench then dismissed
the case.

Mary Ann EVleplizrd, of Atherton.street, was summoned
for the like offence. Case diAmisged ;as was al:o that of
Mr. licnierson, of the C:t le Mirket Inn, E Ige-bill.
George Gore, Was fined ss. and costs, for permitting
dro kermess in his house.

Mary Ann Cox, eating-house keeper, of Peter-street, was
summoned by Inspector Tomlinson, for permitting females
of bad repute to assemble in her house. The inspector
proved finding Mee females and one man drinking_ porter
and tea there at twenty minutes to four o'c'Ank in the
motoring. Filed 2s. end costs.
Matthew Gal!agher. eating-house keeper, of Great
osahali street, was summoned for. the like offence. In
this case, it was prayed th t four women and some men
were assembled therein. P*:e was fined 2s. 6d. and costs.
There was aka a second charge against the same defen-
dant for permitting similar characters to assemble there
in a state of intoxic,tion. For the defence, it was allezed
that the persons had gene into the house drunk, and hat
not been supplied with anything while there. This case
was dismissed.

The other cases cEsposed of, were devoid of public
interest.

CHARGE OF MITPDER ON THE HIGH SEAS, BY
A CAPTAIN AND MATE.

There was a sensation created yesterday afternoon, about
the S. fur's flume, the Main-Bridewell, and PJlio,:-court,
in consequence of a rumour that prevailed, which w nt to
say 'that a captain and mate of a ship had been arrested
on a charge of having murdered a sailer on the high seas,
on a voyage home from Old Calabar. As usual in such
cases, the most extravagant reports were circulated, and
the affair, whatever it may turn out to b on investigation,
was likened to that of the unfortunate Captain Rogers
and his mates ; indred, tb,:- statement went further, but at
present we are not bound to give c:reu!ation to the rumours
the mars so, as the acmsed parties are to be brought befor,
the Magistrates at the Police-court this day. We may,.
however, state that a Mr. John Anderson Christie, the
master of a ship called the Elizabeth, belonging to Messrs.
'Tobin and Sons, of this port, and his chief mate, named
James Mallard, are at present in the Main Bridewell, on a
charge of having caused the death of a Spanish staler
named Rodeiigo, on the voyage home from Old Calabar.
The police observe great silence (very unnecessarily of
coursf ) in rcf.renel to the case, but from what one of our
reptrters could collect, it seems that the man died, and it
is :alleged that his death was caused by the prisoners. Two
other ren died on the passage, but the allegation on the
part of the prisoners is, that all died of scurvy. We have
heard, also, that although the prisoners have been in
town nearly a fortnight, it was only yesterday that infor-
mations were sworn against them, and ,hat these inforrna-
t'ons were ledTsd by a person who had failed to extract
.E 5 from the captain under a threat. These are the facts
that we put forth to-day, but no doubt when the prisoners
are examined this day before the Magistrates, the whole of
the cave will be thoroughly sifted, is justice to the acet-
sed, we forbear to state anything else at present.

THE ROYAL OAK BURIAL SOCIETY.

LIVERPOOL COUNTY COURT.

BEFORE J. R. BLAIR, ESQ., JUDGE.

It will be remembered that, in the month of August last,
a case was tried in this court, in which the parties were
the members of the Royal Oak, or the United Legal
Friendly Burial Society, against the executive committee
of that body. In the absence of Mr. Pollock, the judge
of the court, the case was tried by Mr. J. S T. Greene,
Judge of the County Court Circuit, No. 10. Mr. Greene
postponed delivering his judgment for some time, in order
fully to consider the questions involved. Yesterday, Mr.
Greene's judgment was forwarded to the Judge of the
Court. It was as follows :

In the County Court of Lancashire, holden at Liverpool,
in the matter of the Liverpool United Legal
Friendly Burial Society.
I find that the proposed alterations and alleged
amendments in the rules of the said society, whereof
complaint is made in, and by the plaint entered in this
Court. and having date the 20:h of June, 1857, were not,
and have not, been duly and regularly made and passed,
and +hat they are and were, from the alleged time of
making and passing thereof. altogether null and void ;
and I direct that the same shall be no further proceeded
with, nor in any way attempted to be acted upon by the
said defendants, and I order and direct that the business
and affairs of OA said society shall be conducted by the
said defendants in this suit, and all and every other the
officers and membars of the society, according to the existing
rules, certified by by the Registrar of Friendly Societies
in England, and in force at the time of the hearing of this
suit until such rules shall be lawfully altered or rescinded.
And I further order the said defendants to deliver into the
office of the Registrar of this Court, within 28 days from the
date hereof, a full and true account of all monies which
have been paid and disbursed, or obtained or retained by
them for that purpose, out of the funds of the society, is,
or on account of their costs and expenses incurred in
defending this suit ; and I direct the said Registrar to
ascertain the amount, and I do order that such monies
shall be paid by the said defendants into this court for the
benefit of the said society, to be received by the officers
thereof, duly authorised in that behalf, and in default of
the said defendants eelivering and bringing into the-office
of the Registrar such accounts as aforesaid, then I order
that the said defendants shall pay the sum of 50 for the
benefit of the said society, to be paid over as aforesaid.
And I fur her order that the defendants shall pay to the
said plaintiff's the costs which have been incurred by them
in the prosecution f this suit, to be taxed and ascertained
by the Registrar of this court
181 Nov., 1857.

J. S. TURNER GREENE.

THE DANCING AND SUPPER SALOONS IN

LIME-S TREET.

Yesterday, Joseph Bendena, the keeper of the coffee
shop in Lime-street, known as "The Turkish Divan," was
summoned before the magistrate, Mr. Lawrence, on an
information laid against him under the provisions of the
Local Act, the 251st section of which is as follows :
" And whereas, it 'is expedient that provision should be
made, by law, for preventing disorderly conduct in
houses of public resort, kept by persons not being
licensed victuallers, or licensed to sell beer by retail, to
be drunk on the premises ; be it enacted : That every
person not being a licensed victualler, or a person
licensed to sell beer by retail, to be drunk on the pre-
mises, who shall have or keep any house, shop, room,
cellae, or vault, or place cf public resort within the
berough, wherein ready-made tea or coffee provisions,
liquors, or refreshments of any kind, shall be sold cr
consumed (whether the same shall be kept or retailed
therein or obtained eLewher .), and who shall eilfully or
knowingly permit drunkenness or other disorderly con-
duct in such house, shop, room, or place ; or knowingly
suffer any unlawful games, or any gaining whatsoever
therein, or knowingly permit or suffer prostitutes or
persons of notoriously bad characters to meet together
and remain therein, shall for every such offence b a liable
to a penalty of not more than five pounds."
Mr. Aspinal, instructed by Mr. Walters, the town prose-
cutor, appeared to conduct the case for the authorities,
and Mr. Snowball appeared for the defendant.
Mr. Aspinall, in opening the case, and having explained
the tenure of the section under which the information
was laid, said, the facts of the case were, that the defendant
kept a coffee shop in Lime-street, at a place that was
well known as " the hop," against which peoceedings had
been taken at the last assizes, and it was ordered to be
shut up, but from what would take place in the course of
the sitting, there was no doubt but that it was still kept
open. The consequence of this " hop" was that a great
number of other houses, that might be called as parasites
to it, had sprung up around it, and a number of females
cf a questionable character assembled in the neighbour-
hood, and the consequence was that the respectable inha-
bitants living near, Mr. Radley, at the Adelphi Hotel, and
others, were much annoyed. The facts of the case were
thus proved by
Inspector O'Brien, who stated on the morning of the
13th inst., I visited the defendant's place in Lime-street.
It is a coffee shop, in which is sold tea and refreshments.
I went into the house about a quarter to one o'clock, wren
I found twelve females and several men there, Some of
them were stand ng, some siting, and some were drinking,
and some were walking about. I saw the defendant there.
I pointed out the women to him, and told him what they
were, and that if he did not turn them out he should lay
an information against him The reply was, you may do
as you please; I know what they are. lam obliged to
get a living, and I have to pay taxes "to keep you." I
again visited the place at ten minutes past one, when I
found nineteen females, including the twelve that I had
previously seen there.
The Inspector was cress-examined, at some length, by
Mr. Snowball, for the purpose of ascertaing the instructions
the officer had received, and the objects the authorities
had in view in prefering such informations.
Mr. Snowball then addressed the Bench on behalf of
the defendant, contending that the course the authorities
were adopting, in those cases, was exceedingly injudicious
These poor unfortunate females must eat and drink; but
it appeared that the wish of the authorities was to turn
them all into the streets, so that they might be exposed
to all the respectable inhabitants. They were not allowed
a place to hide their heads. In this case it was not
pretended that they were disorderly. He asked what
would be the result if they were to attempt to put down
the houses around the Haymarket, in London. Is was
absurd to suppose that such houses could be put down ;
but the result would be that these girls would be
sent ire° all the streets in the town, and servant
girls would be tempted to exclaim, " Oh, how
nice those girls are dressed, I will dress like them " He
argued that it was perfeely absurd, for the purpose of
pleasing some old gentlemen who could not see an inch
beyond their noses, that the authorities should take such
steps. But it they did intend to carry it out, let them
lodge complaint against every such house in the town,
which they could early do, as they had a list of all, and
see what the result would be, that instead of living in one
locality they would be deseminated all over the town, and
thus all would become inoculated by such characters.
The Bench said the duty he had to perform was plain.
The parties who had caused these informations, might be
right or they might be wrong, bat he could not, after
looking at the clause, doubt but that the offence has been
committed. There was no doubt but that the females were
there, and that was contrary to the clause, he should
therefore inflict a fine of 40s. and costs.
ANOTHER LIME-STREET SkIPPER ROOM.

Joseph Allen, the proprietor of another supper room in
' Lime-street, was summoned under a similar information
by the same officer. In this case the same legal gentleman
appeared.
-The Inspector stated, that at thirteen minutes past one
o'clock, on the same morning, ke visited the defendant's
house, in which he found twenty-five females and several
men. He directed the defendant's attention to the females,
and toll him, that if he allowed such characters to be there,
he must inform against him. The defendant said, he knew
all about it ; that I was to do my duty, and he would do
his, as he di] not agree with the authorities in distributing
them about the town. They ware getting their suppers,
and none of them were drinking wine. At fifteen minutes
past one o'clock he again visited the house, when he found
eighteen females there. Mr. Allen said he was the pro
prietor of the house.
Mr. Snowball considered that the present was a very
hard case, for parties were not allowed to give the poor
girls their suppers, nor any other refreshments.
The Bench fined the defendant 40s and costs, this not
beingthe first offence.
THE LIME-STREET " HOP" AGAIN,
Mr. Edward Tuton, the proprietor of the large rooms
in Lime-street, called "The hop," was summoned under
similar circumstances. Mr. Aspinall appeared for the
town authorities, but the defendant did not appear, nor
was he represented by any legal gentleman.
Mr. Aspinall said this was a charge against Mr. Edward
Tt who formerly carried on an extensive business as
a draper in thi4 town, and was the owner of a large quan-
tity of property in Lime-street, including the County-court,
and other buildings, amongst which was a pl. Ice called
"The Hop." After what had taken place at she last
assizes in reference to that establi,,hment, the authorities
thought that it would have been a caution not to open it
again. It was true that the then tenant had gono away,
but, from the evidence he should adduce, it would be seen
that the same SCOIIO3 ~ere being carried on as heretoforo.
He really thought that this was a most 59110U9 case, for it
was clear that the defendant, after the case had been heard
in the highest tribunal in the land, was treating the law
with contempt.
Inspector O'Brien said : On the 12 h. of November I
visited the room where " the hop " was held, in Lime-
street. I there found a man, who said that he was the
servant to Mr Teton, and he said that he had been sent
there to watch me and the police, and as soon as I began
to find fault, he was to put the gas out, and put the peop!e
out. There were 16 females in the room. There was a
ball, and dancing was going on He went to the rooms
again at five minutes to two, the narttes were all there
then, remained th !re till six o'clock in the morning.
Mr. Wybe-gh—ls Mr. Tuton the proprietor of the
room ?

Inspector : There is no doubt of it. Before the infor.
mation was laid, he came to the police office in D street,
and said he had let the rooms to a Mr. Johnson for a ball,
as he thought, for a respectable party, but since then he
had understood that it was under the management of Mrs.
Collins, a noted charac-er, and he was afraid that improper
characters would be there. He also said that he had the
key in his possession and could keep the door shut, and he
bad another course to adopt. and that was, if the public
c implained, he could turn off the gas and have them out.
The police decli, ed to give him any a 'vice on the matter.
The service of the summons having been proved, the
magistrates directed the summons to be dismissed, as there
was not evidence to prove that the defendant was the
proprietor.

The case was dismissed accordingly.
THE ARGYLR 1t00313 NEIVENGTON.
Edward Smith, the proprietor of these rooms, was
summoned for the same offence. Mr. Aspinall appeared
for the town authorities. Mr. Smith asked for an adjciun-
ment, on the grounds that he had only receivei the
summons at eight o'clock :ht provioul evening, and had
not had time to instruct a legal gentleman for his defence
The adjournment was granted, and the case will heard
on Friday next.

At LRWIS &CO PANT'S, Ranelagh-street.
BOYS are CLOTHED from the Ages of Six to Twenty Year

Letters from Constantinople, stating that the purchase
of revolving firearms by the Mussulman popu?stion have
been enormous. There is a superstitious panic as to the
future of the empire.
F4Tun AMBASSADORS OP TIM KING OF ►SIAM.--At Windsor
Castle, on Thursday, Her Majesty received, in royal state,
the Ambassadors of the King of Siam. They presented an
address, abounding with Eastern compliments, together
with costly tresents.

Exclus!rely for CLOTHING HOTS front Six to Twenty rerrs
LEWIS & COMPANY, Itanelagnmtvs,

COURT OF QUEEN'S BENCH.—NovamnER 19.

BEPORB THE CHIEF JusrlCE, AND JUSTICES 4.)LERTDGE
AND WIGHTMAN.
BOOTLE NUISANCES REMOVAL COMMITTEE, AND THE
COaPORATION OF LIVEEPOOL.—In this case, Mr. Millward,
(who was instructed by the Corporation) stated that, in
January last, an order was made by the Justices of Lanca-
shire in Petty Session, requiring 'he Corporation to abate
a nuisance caused by the sewerage from Walton Gaol
flowing through the Township of Bootle, and that the
order was subsequently appealed against by the Corpora-
tion at the Quarter Sessions, and the appeal dismissed
He now moved on behalf of the Corporation for a Writ of
Certiorari, to remove the order into the Court of Queen's
Bench. Mr. Mellish, on behalf of the Bootle Nuisance
Removal Committee, opposed the application, and the
Court refused to grant the Writ.
BERWICK V. lIORIFALL AND ANOTTIER.—Mr. Brett was
counsel for the plaintiff; Mr. Edward Jame., Q.C., and
Mr. Quain appeared for the defendants. This was an
acttion brought by the plaintiff to recover from the defen-
dants, owners of a vessel called the Cherokee, a sum of
£6B 12 s , being the balanee of his claim for wages after
the rate of £l4 per month, as captain of that vessel, on a
voyage from Liverpool to ;he Benin river, on the coast of
Africa, and back again. A sum had been paid to the
plaintiff sufficient in amount to cover his wages up to the
arrival of the Cherokee off the coast of Africa, and the
defendants now pleaded (the declaration being simply
for wages during the whole voyage). Ist, never indebted ;
2nd, payment ; and, 3rd, that during the voyage the
plaintiff was constantly deunk, and that from drinking he
became se violent as to make it necessary fir the safety of
the crew, the passengers, and the property of all aboard,
to deprive him of his command. The trial of this cause
occupied the time of the court during a great portion of
the day, and many long arguments took place as to the
admissibility of evidence, and as the evidence came
out, as to the proper form of action to entitle the plaintiff
to recover. These arguments, if fully reported, would
be without interest to the general reader, inasmuch as
by the verdict of the jury the real point in issue
remains unsettled, and there is a probability of
another action in another form being brought, we
give merely such an outline of the case as will in the event
of ulterior proceedings being taken prejudice neither party.
In October, 1856, the plaintiff sailed in command of the
Cherokee, bound, on the African trade for Benin. She
had aboard a crew of 14 men. The chief mate's name
was Thomas, and that of the surgeon Campbell. There
was also a board aperson named Shape, who was going
out to fill the place of trading master for the owners at
Benin. The ship sailed on the 18th of October, and
on the 4th of December, when off " Cape three points,"
the plaintiff went forward to search the forecastle for
some tobacco and other things which he had missed
from his cab'n, when, to use his ceen words, "Af, er
I had gone down the hatchway, the next thing I heard
was Snaps and the mate come forward roaring out
I was no longer mastee and I saw two loaded pistols
pointed at me by him and the Doctor. I said "Do not
shoot me and I will be a 3 quiet as a lamb." They tied my
hands with the lead line, put irons on me, and I remained
in that state in my cot until we got to the river Benin."
The Cherokee arrived at Benin about the 23rd of Decem-
ber, and on that day or the day after, a Mr. Cheetham,
who was shipping agent to the defendants, came aboard,
read over an entry in, the log made a few days after the
captain had been put in irons, and signed by Snape and
some of the crew,to the effect that the plaintiff was, on the-
4th of December, so violent from liquor that the course
adopted on that day was necessary, and, having ascertained
from a general affirmative answer on the part of the crew-
that the signatures and marks appended to such entry
were genuine, discharged the captain. Afterwards an
inquiry was instituted, at the request of-Cheetham, by Mr.
Campbell, the consul; and took place according to Act of
Parliament aboard the Bloodhound; a Queen's ship
stationed there, the result of which was, that an opinion or
judgment was signed by all the members of the C eitt held
on' the occasion, to the effect that Mr. Berwick's dismissal
from, the command of the Cherokee was necessary. A
new captain, name-1 Tyrrel, was transferral from one
of the de'en lant's schooners to the Cherokee, and
plaintiff was told to go home with her as a passenger.
On the way home nearly all the crew fell sick,
the captain (Tyrrel) include', and the plaintiff said
that he did all the wo k of the vessel himself, with the
assistance now and then of such a crew as were able to
help him ; and having left all the hands almost ashore in
Ireland brought her into Liverpool with. her cargo. Some
examinations in writing, taken by consent, were read,
and from these it appeared that, according to the testi-
mony of several of the craw, Mr. Berwick was never
drunk or violent, whilst from the deposition of Thomas the
mate, which was the only evidence read for the defendants,
the plaintiff was alway drunk, and frequently very violent.
The plaintiff denied both before Mr. Cheetham, before
the board of inquiry in the Bloodhound, and at this trial
that there was any foundation for the imputation cast upon
him. All the evidence having been adduced on either
side, Mr. Justice Cress well intimated his opinion to Mr.
James, who was about to sum up, that the action was
wrongly conceived ; that it ought to have been brought for
damages for a wrongful dismissal, and not for wages; and
after a very lengthy legal argument, at the request of Mr.
Brett, who made a most forcible reply on the whole cafe,
the learned Judge, having gone carefully through the
MO, left to the jury the following questions : —Had Mr.
Cheetham, the shipping agent at Benin, authority from the
defendants to dismiss Captain Barwick? Did he, in feet
dismiss him? Was the conduct of the plaintiff in being
intoxicated and violent such as to justify the crew and
passengers in put ing him in irons ? The jury, of er
having retired for a short time, returned their verdict
thus :—" We have no evidence of the authority of
Cheetham to dismiss the plaintiff. He did dismiss him.
We have no evidence of the captain's intoxication " Mr.
Justice Cresswell : I direct a verdict to be entered for the
defendants on the first and second issues, and for the
plaintiff on the third.

At LEWIS & 011,A NY'S, Ranelagh-street,
TOTS are CLOTHED from the Ages of Six Twonty Years

THE MILITARY. —There are now atmut 800 recruits under
training at the Fulwood barracks near this town. They
are to be embodied in the second battalions of the 7::11
Fu3ileers and the 6'h Regiment of Foot, now being
formed with so much speed and success. The men have
been gathered from all parts of the country, and include a
large number of the sons of Erin's Isle. On the entry
of the various drafts into the town they presented a rather
ffrotesque appearance, resembli-g that tattered regiment of
Falsti-ff, but the majority are fine powerful lad, awl :hey
will ~ery soon be " licked into shape."—The young men of
this town, who have been thrown out of employment
th ou2h the pressure of the times, are being rapidly
incorporated into various regiments of tha line. The
various recruiting parties have been very sucomful.—
Preeon Guardian of Wednesday.

THE SIEGE OF DELMI.—A letter frlrn a wluuded
officer of Engineers, dated Sept. 2', erates:—" All the
wounded of our corps a e dnin; well, exclpt B.l'kelo, tiho
is still in 0, precarious state." Lieutenants Silkeld and
Home commanded the explosion part' which so g,llantly
nerformzd the desperate duty of blowing in the Cashmere
Gate of the city of Delhi in broad daylight, in the ,face of
the enemy, on the I4'h o';Septembe-. They were rccom-
panied on thi; " f,irlorn hope" by Sertyeant John Smith,
Sergeant A. B. Carmichael, and Corporal F. Bu-gess, aIU
of tin Sapp,rs and Miners ; Bugler 4awthorne, her Ma-
les'y's 621(I Foot ; 14 Sappe,rs and Mioets. natives; and
10 Pu'ituh ditto, rauzbees, covered by +he fire of h-r Mt-
iestv's 60th Rifhs. Sergeant Carrniebasl was killed,
Lieutenant S Id shot thronah the leg and arm, Corporal
13,r;ress mortally wounlerl, and two natives killed and one
.und; d.

A DISCIPLE OF SOLOMON IN TROUBLE.—On Tu'sdar, a
"soft" I ,I;ing lubber, nanse, G.:orge Cowan, was char:4ed
at the Town-hall, Preston, with assfiultirg his rnothe-,
with whom he lived in Heat'ey-street. The campl4inaat
sv:id she did rot wish to have the defendant p mishe.!.
M... Ainsworth : Wily did yon bring him here? The
defendant (in a drawlin4 ton::.t of voice) —I am a Protestant,
and she is a Papist, and because I am a Protestant she
hates me. When lam upon my stu.lies she lets the children
abuse me, awl when I tell them to drop it, all they do is
to insult inn ; and vhen I correc' them, my mother flies at
Mt! for corretitig th' m. Noe $ domon tells us to correct
child en. (Laughter). Evrr since I had a disculs,ion wish
Priest Williams, and gave him a chsf,at on the riocri:es of
Popery, she has disliked P-30 to this day. Ainsworth :
Soloman does no' tell yon to interfere with your rnather's
children. Defendant : I am the oldest sot of rue fat!-e-,
and while my father is away and she wo-.'t, correct the
ehi!dren, it is my duty to do it. (" Hear, lwir," in co :rt.)
Police Constabli- 2, said th :the was col ei to the house ;
one, of the cm it boys w s bleeding. An eye-^:itnes4
sated that " the disciple of Solom,n" would n,-)f, alow the
children either "to speak or cough," and he bea' one lad
named Jerry, and when his mother interFered he threw her
down. Deets 'ant denied that he prohibitel coughing or
sperling, His brother Jerry made a noise, and was very
(h)impudent, and as he k pt going (lon, he en-I-noel
him. Mr. Ainsworth : How did you correct hirn ?
Defend nt : I just held him, as Solomon tells us
Complainant : I cannot live with him, Defendant sai I
he was going to get out of his present occupation, and he
hin'ed that he was about to b.ing out a volume t f poems !
Its was remanded.

BOYS' CLOTHING MADE WITH GET:AT TASTE, atjbEWlS:iulp
COMPANY'S, Ranolagh street,