Northern Times.
Liverpool, Merseyside, England, 1859-08-26 00:00:00

FIRST HEAT.—Butcher Boy, 12st ; Lady Godiva, 12st 3113 s ;
Lady Temple, 13st; and Jack Itossiter, lOst 2lbs, also started.
. .

—Betting :sto 4 on Mountain Boy ; to to 1
Mountain Boy led past the stand the first
mediately passed by the Daw, who never a:

any other.—
e, but was im-
terwards gave the
stain Boy seemed
6tedly, Jack nearly bolting

others a'eliance. Jack Itossite]
shy of the crowd and broke rep

Mom

SECOND HEAT.-6 to 4 es. the Daw. Lady Temple, Lady
Godiva, and Butcher Boy were drawn. Jack Itossiter's owner
seemed bent on mischief, and went away with a strong lead,
which he held for the first lap, and improved on passing the
stand the second time. Between the stand and the stable turn
Mountain Boy and the Daw cannoned, the latter nearly coming
to grief. Jack and the Daw were in close company at the
bottom of the coarse, and raced neck and neck to the distance,
when the American horse had had enough of it, and com-
menced galloping, the Daw winning by ten lengths. Jack Roe-
siter, Dreadnought, and Mountain Boy went in harness. Jack
was declared distanced. Time : 8m 42 sec.

The CROXTETH STAKES of 5 sovs each, h ft, with 50 sovs
added; for British bred horses only. Heats twice round
and a distance.

12 1 Mr Ammes's Lady Godiva,

P. Cameron 1 1

10 7 Mr Moffitt's Sail& Jack

SOUTH LANCASHIRE

CROWN COURT

ASSIZES

YESTERDAY

rßefore Mr. Baron WATSON

. -
THE EXTRAORDINARY CASE OF WIL

MANCHESTEII

His Lordship took his seat this morning at nine o'clock,
and immediately proceeded to sum up the evidence in
this case. His charge to the jury occupied two. hours in
delivery.
The jury retired to consid
the absence of about an hour, returned into court with
a verdict of guilty against all the prisoners, of both

forging and uttering the wi

His Lordshi

ution

Lek verdict, and, after

Richard Hard

)assing sentence on the prisoners,
, John Hope, and Joseph Berry,
convicted by the verdict of the jury of a

you have h

very bad and

ry wicked Offen(

the verdict which that jury has returned. The case
is clear, beyond all question, that you entered into
this wicked business, for the purpose of defrauding
whatever person may be entitled to the property of Ann
Dean. This, I hope, will be a warning to all persons,
that when they are- obliged to have accomplices in bad
and wicked designs, they are subject to have them dis-
closed hereafter. The punishment I am going to pass
upon you, I hope will be a warning against others corn-
mittinc, such a heinous offence as the present. Know
this—it is only twenty-two years since the law was
have been sentenced

-MC 11 that ..once you wouiu -
to death. At that period you certainly would have
suffered death. lam sorry to see here a man of the ad-
vanced age of Hardy—l am sorry to see that the shock-
ing love of rain, that seduces men from the path of
rectitude, has had that effect upon you. In the dead of
night, when the woman was senseless upon her
bed, you planned how you might afterwards make
for her a will, by which to obtain her property.
As to you, Hope, this
.is not the first time you have
- You are the concocter of

for this 01

Tn in a court of justi

this, and, very of
little law, do an
tried to distinguis

no distinction

lersons in your position, with a
33 amount of mischief. I have

h between your guilt, but I ea

Hardy and Berry

—acted for

heir own lucre, and Hope for his. YoU,
Hope, would very likely have been the traitor had not
one been so before you. The sentence of the court is
that you be condemned to penal servitude for fourteen

years- each

This case finished the criminal business at the present
assizes, and his lordship then proceeded to try civil

causes,

CIVIL CAUSES.—YESTERDAY
[Before Mr. Baron WATSON.]

DELIVERY OP

)ODS BY BILLS OF LADINC

ND OTHERS V. ANDERSON

Mr. Wilde, Q.C., and Mr. Baylis were for the plain-
tiffs, who are provision merchants in Liverpool. Mr.
Manisty and Mr. Kempley appeared for the defendant,
who is a shipowner at Aberdeen. This action was
brought to recover the amount of an account for ships'
stores, ordered in 1855, by the defendant from the
plaintiffs, to be forwarded by steamer to Constantinople
for the use of a vessel called the Phoenix, then engaged
ill the Crimean war service. The defendant not having
an agent at Constantinople, it was arranged that the
bills of lading should be made out in the names
of the plaintiffs, and that the provisions should
be consigned to Messrs. Hanson and Co. there,
with whom the plantiffs had occasionlly had trans-
actions. The bill of lading was subsequently handed to
the defendant, who forwarded it to the captain of his
ship. Owing to the confusion that prevailed at Con-
stantinople during the war, the captain did not obtain
the goods, and the bill of lading was returned to the
plaintiffs by the defendant.
The defence was that the defendant was not indebted,
as there had been no delivery of goods, and, there3re,
there could be no acceptance.
His I o:dship held that the fact of the bill of lading
having been handed to the defendant, and sent to the
master of-his ship, was the strongest possible evidence of

acceptance.
Verdict for the plaintiff, with leave to move regarding
the question of non-acceptance.

SLANDER AT BLACKBURN

-7-HINDLE V. WI

In this action, Mr. Monk, Q.C., and Mr. Millward
were counsel for the plaintiff, a member of the board of
management of the Power-loom Weavers' Friendly
Society at Blackburn, and formerly a collector for the
same society. Mr. Kaye appeared on behalf of the
defendant, formerly the secretary of the society, but
now a manufacturer at Blackburn.
. _ _

It appeared that some ill-feeling existed between the
parties in this action, springing out of the positions
they had occupied in the society, and that the
defendant exclaimed publicly in the society's offices to
the plaintiff; " Thou art an independent sort of man, no
doubt, and I can prove that thou hast robbed No. 14
district, when collector, on a wholesale scale." The
defendant would not withdraw the accusation, but on
the contrary repeated it, and reduced it to writing. The
accounts kept by the plaintiff had been closely examined,
and were found quite satisfactory.
Mr. Kaye contended that the words in question were
used for the benefit of the society, and he claimed that
they were to be considered as a privileged communica-
tion.

The jury returned a verdict for the plaintiff—damages
£2O.

CLAIM FOR COMPENSATION AGAINST THE LANCASHIRE

AND YORKSHIRE RAILWAY COMPANY

In this case the plaintiff was the widow of George
Snape, who was about thirty-six years of age at the time
of his death, and was formerly in the service of the Lanca-
shire and Yorkshire Railway Company at Blackburn, as an
inspect& of the wheels, couplings, &c., of railway
carriages. The deceased met with his death in August,
last year, while in the performance of his duty, at a
point on the line where it was well known men were at
work, by a train travelling at a quicker speed than, it
was contended, the regulations allowed. The present
action for compensation was brought under Lord Camp-
bell's Act by the widow, on behalf of herself and her
three children.
His Lordship held that there was no case, aad the
plaintiff was nonsuitei

NEGLIGENCE OF AN ATTORNEY.
The plaintiff in this case was Michael 'Boylan, and
the defendant John Godfrey, an attorney, both residing
in Liverpool.
The action was brought to recover damages, alleged
to have been sustained by the plaintiff, by reason of the
negligent conduct of the defendant in the management
of certain business entrusted to him.

After this case had been partially heard, the court
adjourned until nine o'clock this morning.

NISI PRIUS COURT

YESTERDAY.

[Before Mr. Justice HILL and a Special Jury.]
RIVINGTON WATER WORKS AND THE RIVINGTON

MILL OWNERS

-COCKER AND ANOTHER V. THE MAYOR.

ALDERMEN, AND BURGESSES OF THE BOROUGH OF

LIVERPOOL

In this case Mr. Manisty, Q.C., and Mr. Kempley,
appeared for the plaintiffs ; and Mr. James, Q.C., Mr.
Wilde, Q.C., and Mr. Millward for the "
defendants.
Mr. Kempley opened the pleadings, which were un-
usually lengthy.
Mr. Manisty, Q.C., then stated the case on behalf of
the plaintiffs. He said that the questions in this case
were much more simple than the pleadings, and he
hoped to be able to state to the jury what the real ques-
tions were, without taking up much of their time. The
plaintiffs were the occupiers, as lessees, of a cotton fac-
tory called the " White Coppice Mill," situated partly
in the township of Heaping and partly in the township
of Anglezark, which was one of considerable extent.
The White Coppice Mill was one of a large num-
ber of mills which were to a considerable extent,
more or less, affected by the making of the great Liver-
pool Water-works at Rivington. Before stating to the
3ury the particular facts of the case, he would call their
attention to the act of parliament which governed the
rights of the parties, and which really was the founda-
tion of this case. In the year 1847, what was now well
known the Rivington Pike scheme was first com-
menced" '
• In the session of parliament of that
year a bill was introduced, which, after a
great deal of
act of parliament ns.ideration and discussion, became an
question was, that, ancl. in framing that act, one great
h as bringinc, such a large
quantity of water
to furnished to Liverpool would' intersect the
Supplies a considerable number of mills
which were then, to a
o
great
rent, worked by water-
power, it became
a matterm
much importance with
them how they, in future, should
and it was ultimately be supplied with
water ;
agreed,—not that
the corporation should take the water
com-
pensate the parties for it in money, because alde waterwas t 6 them of a great deal more value and consequence
than money. An arrangement was therefore come to
that they should lie compensated by a continuous supply
of water. It was stated in a committee of parliament,

that the corporation would undertake to guarantee mills at
White Coppice, as well as other mills, a certain, constant,
and contim: oissupply every day. The White Coppice Mills
were occupied by ,ne present plaintiffs, Messrs. Cocker.
According to the provisions of the act of parliament,
the corporation bound themselves to send down to the
mills not less than two cubic feet per second, during
twenty-four hours of every day. This quantity of
water was to be sent into the White Coppice reservoirs,
and was to be so supplied before the corporation took to
themselves any of the water from the brooks or streams
which, for the purposes of their act, they were empowered
to collect. In case of failure the corporation were to
forfeit £lO per day. The terms of the act of parlia-
meet substantially were, that they, (the corporation)
,n they obtained that water, were to send the c-

del
tity he (die learned counsel) had named, down to the
White Coppice reservoirs ; and, if making any default
whatever—no
matter from what cause soever—
if the quantity of water specified was not
furnished, then the penalty of £lO per day was to be
paid. The main question for the jury in this case would
be how many days elapsed during which there was a
failure by the corporation, and a neglect on their part
to send down this quantity of water; and when they
came to understand the case, and to give their decision,
he believed it would be found that they would have
to assess the damages at the rate of £lO per day
for a considerable number of days. That was one of
the points. But there was another question in the ease.
This White Coppice Mill was supplied mainly,—he
might say almost entirely,—by water, and worked by
water prior to t' •-- 0- • It of

the passing of this au _ pan—
ment. The Rivington scheme involved the making of
a large open goit, which ran through Mr. Standish's land
occupied by the plaintiffs, and the corporation, in making
this goit, intersected a very large number of streams
and water courses, all of which would fall into their
goit, unless special means were taken to prevent its doing
so. In case of the water from those streams falling into
the goit the White Coppice Mills would be deprived of
water altogether. Now, there was a very important

of that district put a very great value on that stream,
both from its large quantity and good quality, and
they especially wished that water to be seemed to them,
and by the 69th section of the act of parliament it was
enacted that, before the corporation diverted any water
from the Black Brook, they must have a conduit con-
structed, sufficient for the purpose of carrying a certain
quantity of water into the White Coppice reservoirs.
Well, these were the two points on which he was going
to ask the jury for damages. First, he should ask
for damages against the corporation for having violated
the act of parliament, in not having supplied the required
water ; and, secondly, for having dealt with the Black
Brook, and the water in it, contrary to the provisions of
the act of parliament. He should show the jury that
after the corporation had made their works, and
obtained their water, they failed to send down the
stipulated quantity. There were two questions to
which they would have to address their minds,
In October, 1855, the works were so far made
that it would take all the water from the Black Brook
down to their own corporation reservoirs. They did
for a time send the plaintiffs some water, but it was in this
way. They did not carry the water from the Black Brook
over their goit, but left a small aperture through which
a small quantity of water went down into the plaintiffs'
reservoirs. They also put a small pipe through the
bank, and by means of that pipe, when it was
left open, they also sent a certain quantity of
water, so that the water passing through the aperture,
and through the pipe, in October, 1855, did not give
them a certain, supply of water, although it was not in
accordance with the act of parliament. But they were
not going to quarrel particularly with the corporation
for that, for they, perhaps, did their best. But after this
they began to do that which the plaintiffs now complained
of. From October, 1855, they closed up this aperture,
and they also closed up the pipe. They certainly sent
them a small quantity of water for a time, but for a
lengthened period subsequently they got none at all.
That, of course, led to remonstrances on the part of the
plaintiffs, for things went on in such a manner that they
were actually unable to obtain water even sufficient .for
condensing purposes, and the consequence was that it
became impossible to work the mill, and on the Bth of
November a letter was written to the corporation com-
plaining of the serious inconvenience to which the
plaintiffs were put in consequence of not being supplied
with water. No notice was taken of this letter, and
still things went on as before, for some time longer. At
length, in March, 1856, the corporation set aboutmaking
a spout across the goit in order to carry the water from
the Black Brook down VS the plaintiffs mill, and this was
what they ought to have done long before, under
the 89th section of the act. Still the supply of water
was inconstant and intermittent, and the question was
what were the plaintiffs entitled to for the loss which
they sustained from the 20th of October, 1855, until the
6th of March, 1856, when the spout was made ? The
learned counsel, in continuation, said that it was nearer
600 days than 500 during which the corporation never
sent the plaintiffs a sufficient supply, and for that num-
ber of days they were in aposition to claim the penalty
of £lO per day. Under the act of parliament the plain-
tiffs were limited to two years, for they could not
claim compensation after 1857, and therefore their
claim would be confined from October, 1855, to
1857. The learned counsel having concluded his
address, was about to call witnesses, when
Mr. James suggested a reference. If the case was
gone into there, it would occupy an enormous length of
time.

After a consultation, the leading counsel on either side
retired with the judge into his private room, and on
their return it was stated that they agreed to enter a
verdict for the plaintiff, subject to a reference.