Northern Times.
Liverpool, Merseyside, England, 1860-01-24 00:00:00

BIRKENHEAD POLICE COURT.-YESTERDAY.

(Before Messrs. BitTANS and YOUNGTIUSBAND.)
ASSAULT ON THE POLlCE.—Patrick Hogan, Thomas
Plunkett, Winefred ,Hogan, Catherine Welsh, Bridget
Plunkett, and Julia Moran, were brought up on remand,
charged with having assaulted Officers Rendle and
Glassey, in the house where the prisoners resided, in
Field-street. Mr. Bretherton appeared for a man named
Kelly, who was also in custody on the same charge, but
was unable to appear. Both the officers were in the
hospital, and also unable to appear ; and the only evidence
given was that of Inspector Gunning, who stated that,
about one o'clock on Sunday morning, the two officers
were brought to the hospital seriously injured, and in
consequence of the statements they made, he, with other
officers, went to No. 5, Field-street, in which all the
prisoners resided, and apprehended them. When within
a few steps of the apartment occupied by Kelly, Kelly
came out and presented a pistol at his head, at the same
time intimating that he would shoot him. The inspector
knocked the weapon out of his hand, and arrested him.
All of the prisoners were taken to the police-office,
where they were identified. This being the whole of
the evidence, the prisoners were all remanded to Friday
next, when Dr. Jeannette said he hoped the officers
would be able to appear.
CHARGE OF STEALING AND RECEIVING COPPER.--
A youth named Booth, late an errand boy in the employ
of Mr. Hinson, ironmonger, Market-cross, was charged
with having stolen seveial small pieces of copper, a few
copper bolts, and some brass filings, from his master,
and Patrick Whelegan, marine-store dealer, Meaeock-
street, was charged with having received the same know-
ing it to have been stolen. The property was found at
Whelegan's store by Detective Hodson, who said that
when he entered the shop, the copper was on the scale,
and that the prisoner's wife attempted to conceal it:
Mr. Bretherton, who appeared on behalf of Whelegan,
called Superintendent Smith of the county constabulary,
and officer Egerton, who stated that they had often
received information of robberies from Whelegan, and
that more than a week before Hodson went to the shop,
Whelegan had told them that he had purchased copper
from a boy in the employ of Mr. Hinson, and that he
would shortly be a good case for the police. Mr. Bre-
therton rested his defence chiefly on this point ; but the
magistrates determined to commit both prisoners for
trial at the sessions, Whelegan was admitted to bail.

THE SHIPPING INTEREST.-In accordance with a
resolution passed at the recent meeting of shipowners in
London, Mr. Crawford, one of the city members, has
undertaken to give notice, immediately on the com-
mencement of the Session, for the appointment of a select
committee to inquire into the commercial marine, and
the operation of all legal enactments and local burdens
especially affecting the same.

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH.

(Sittings in Banco, before the LORD CHIEFJUSTICE,
Air.
Justice WIGIITMAN, Mr. Juitice CROMPTON, and

Mr: Justice IIILL.)
This was a case tried before Mr. Justice Willes, at
Liverpool during the late'winter assizes. Both plaintiff
and defendant are Austrian subjects, and the action was
brought to recover damages for 'the wrongful dismissal
of the plaintiff from the position of master of 'a ship
whereof the defendant was owner, there being also a
count for work, and. labour in the declaration. It
appeari`the contract of service having been entered into
between- the parties in the Adriatic, the vessel sailed
thence to the Danube for the purpose of
,taking in a
cargo. The plaintiff is stated to have delayed a good
deal in the Danube, and this exasperated the defendant
so much so, that the vessel having arrived in Liverpool
on 3rd November, the Plaintiff was dismissed from his
command on . the 4th. • The plaintiff thereupon made a
demand of £6B upon the defendant, that is to say,
10 6s. Bd. for wages, and the balance as " primage,"
per-tentage, or cabin freight, and as a gratuity which
the plaintiff, by his
,contract, was entitled to receive
frOm the consigner on the cargo being discharged. The
defendant objected to paying this account, inasmuch as
the gratuity had not as -yet been earned from the con-
signer, the cargo not having been discharged. The
plaintiff then got an order to arrest the defendant
for the full demand, but the defendant released himself
from custody by depositinc, the sum claimed. The writ
was issued upon the 10th of November, being endorsed
for £6B ; and at the trialthe verdict was for the plaintiff.
Mr: Edward James, Q.C., now moved for a rule
calling upon the defendant to show cause why the ver-
-diet should not be set aside for misdirection ; also why
the damages should not be reduced,. and why the money
deposited and paid out of court should not be repaid
tiniffth emodurat.
oTa
ihme defendantfo rwages did
a n
dn
to
ht
edeny
rethtahte tdheefepnldaiann-t
having paid money into court the verdict was for 'the
defendant on the count for woik and labour. But, as
regarded the special count on which the plaintiff suc-
ceeded, the defendant contended that inasmuch as at
the time of the plaintiff's dismissal, and at the time of
the issuing of the writ, the cargo had not been dis-
charged; 01.1 hie
agndandr
tagnne
to
never
trash thee intendedj.p ugl
intfiuteiidfft
ytin;o washwd he simply
dispute
topeildyitwithholding
ge e entitledfiilr
r. a
itenodTt
7.l.thetes,sd
peugfalretyani
mmtdua
defendant
payment.
gratuity
due to him from the consigner, and therefore the de-
until all conditions precedent had been complied with.
The contract with the plaintiff was for the voyage from
Trieste to Liverpool, and therefore the defendant was
justified in dismissing him on arriving there.
The Court must refuse the rule, In the absence of a
special contract it was incident to the plaintiff's position,
as master of the ship, to discharge his cargo. Until he
had done this he was not entitled .to his gratuity from
the consigner ; but, by dismissing him previously, the
defendant had put it out of the power of the plaintiff to
fulfil the condition by which he entitled himself to the
gratuity.—Ride refused.

-- -
The following letter was read in court, and signed by
the proper officer at the first trial, but was not given
in the reports then published :
Lussin, 26 Gennago, 1859.
Sig,r. Cap, Pietro Bragato,
Cospeli.
Ancora, non sorti da questo uffizio it deciso ap-
pello, che non-accetta la mia. cauzione, ma potei vederlo,
e dice dentro di consegnare al. Poseher- it Bastimento,.,
sempre che non fosse gia in mani terze, per cui preelea-
mente essendo ora in mani terze, non puo essergli piu
conseguato. Adatinque, se per, ogni innospettato caso, .
else non credo, venisse a mezzo. del' Consolato qualche
nuova seccatura, voi respondete francamente che. essendo
it Basto, di Domenico Camalich, rispingete qualunque
sequestro, e dichiarte che sara un altro Azof, quello che
si dice di Antonio Tarabochia, it quale voi neppure,
conoscete, e non sapete, neppure chi esso sia, e ehe le
spedizioni provano ehe egh, non fu mai it proprietario
dell' Azof, ed insistite sempre che quello sara un altro
" Azof " ma non questo, dietro che niun sequestro puo
aver luog9. Pero appena arrivate, reprendete tosto le vos .
spediziom onde averle in mono, e facie per un altro
'luogo e non mai quello dove vi diriggete, onde
metteidi in confusione, qualora trovassero qualche
nuovo attentato, vi spediro in seguito pure una procura,
ande possiate all' occorrenza fare una vendita al' Sigr.
Tito Lemmi, Contra Cambiali. Spero che non occorrera
tutto questo, ma sta bene prevedere ed esser pronti ad
ogni evento.—Caramente vi saluto, G. CAMALI,II.
[TRANSLATION..I
LETTER FROM G. CAMALICH TO tAPT. PIETRO BRAGATO.
Lussin, 26th January, 1859.
Sigr: Cap. Pietro Bragato,
Constantinople.
The decision of. the appeal has not yet come from the
office that they do not
,accept-my bail, but I was able to
see him, and he 'instructs me to deliver the ship to Mr.
Poscher, provided it being not-already in third hands.
It being, however, actually in third hands, it cannot be
delivered to him. Therefore, if unexpectedly, which I
do not believe, any fresh difficulty should arise from the
' Consulate, you must reply openly that the ship being
the property of Domenica Camalich you resist any
sequestration, and declare that it is a different Azoff
from that built by Antonio Tarabochia, which you are
not acquainted with, nor do you know if it be the one,
and that the. ship's papers prove that he never was owner
of the Azoff, and alwags maintain that it is another
Azol,• and not the one in question, in which case no
sequestration can take place. As soon as you arrive
take posSession of all your papers, and when you have
them in your hands make them out for another place;
and on no account for the port where you are destined.'
You will thus confuse them if they have concocted
another attempt. I will send you a power of attorney,
enabling you, an case of need, to make a sale to Mr.
Tito Lemmi, against bills of exchange. I hope nothing
of this sort will take place, but it is best to be prepared
for anything that may occur. G. CAMALICH.

LOSS OF ANOTHER OUTWARD-BOUND

AUSTRALIAN SHIP.

On Saturday, information was received at Lloyd's of
the loss of the ship John Sugars, Captain J. Hewitt,
which left the Thames about the same time as the ill-
fated Blervie Castle, and for the same port in Australia
—Adelaide. The wreck took place on the 6th instant,
in lat. 36 28 N., long. 18 15 W. The John Sugars was
laden with a general cargo, and sailed from the river
on the 18th December, and from the 21st of that month
she encountered a succession of fearful gales. On the
4th inst. a heavy sea struck the ship, which completely
opened the ship forward, washing away the cutwater
and starting the wood ends. Blankets and sails were
then got over the bows, in the hope of checking the
leak, but all was of little avail. The pumps were kept
constantly going, but the water kept gaining upon them,
and on the 6th it had increased so rapidly, and the crew
were in such an exhausted condition, that it was deter-
mined to abandon her. It was evident that she must
soon founder, and the boats were at last lowered. Mr.
Hodgson, the chief officer, and eight men took to
the long-boats, and Captain Hewitt and his wife and
six men to the jolly-boat. They succeeded in getting
clear from the ship, and in the course of half an hour
or so, the vessel was seen to go' down in deep water.
The weather- was still stormy and cold, and the boats,
having got damaged, were placed in great peril. The
long-boat had got stove, and canvas only stopped her
from sinking. The jolly-boat also took so much water
that the captain had to throw the few things' he had
saved overboard to lighten her. In the course of the
night the occupants suffered much, and to add to their
distress the boats
.got separated. On the following
.morning, between nine and ten o'clock, the long-boat
was observed by the Nicholas Wood screw steam-ship,
Captain Doke, from Carthagena to Newport, Wales.
She at once bore down to the boat, and took her
hands on board, and Captain Doke learning that Capt.
Hewitt and the remainder of the crew were in another
bqat, he at once turned the steamer round, and went
in search of them. After steaming to the eastward
some two or three hours, and keeping a good look-out the
missing boat was sighted, and in a short time her oc-
cupants were safely got on board the steamer. It was
most providential that the first boat came in view of the
steamer as she did. A fearful gale came on to blow
that night, which carried away some of the spars and
rigging of the Nicholas Wood, and had the boats been
out in it, damaged as they were, they must all have
perished. On board the steamer, the shipwrecked crew
were treated with the greatest kindness, and on her
arrival at Newport, they were landed. The John
Sugars was upwards of 600 tons, and, according to her
manifest, she had amongst her cargo agricultural im-
plements, a large number of packages of boots and shoes,
hardware and ironmongery, stationery, hosiery, cottons,
a large stock of spirits, ale, and beer in barrels, and
other stores.

DEATH OF THE RIGHT HONOURABLE

M. T. BANES, M.P.

at Whies . .
dheoeupsley, rciueoreeetu.tflight
so(' x are,Ytheseteltr
Honourable Matthew Talbot Baines, formerly M.P. for
Leeds, at one time President of the Poor-law Board,
announce
Westminster,theatho,f
and at another period Chancellor of the Duchy of
Lancaster. He retired from- Parliament at the disso-
lution last spring,- in coniequence of shattered health,
and after apparently rallying, has succumbed to the
attacks of disease. He had not quite completed his 61st
year, having been born on the 17th of Feb., 1799. As
a public man and a cabinet minister 4 Mr. Baines dis-
played remarkable diligence, judgment, and impartiality,
and so highly was he esteemed in parliament that at one
period it wai, thought probable that the Speakership of
the House of Commons would be offered to him. His
legal and judicial talents were alse' illustrated during
the ten years he held the Recordcrship of Hull, and
while he discharged the difficult and delicate duties of
President of the Poor Law Board.