The Northern Daily Times.
Liverpool, Merseyside, England, 1857-04-13 00:00:00

WEST DERBY GUARDIANS.

The annual election for guardians to serve for the
ensuing year at this board took place on Saturday last,
at the workhouse. From the subjoined list, it will be
seen that there is but a slight alteration, most of the
townships having rr-alected the same gentlemen as repre-
sented them last year. Those names to which an •is
attached are new guardians.
Aintree

Allerton George Green „;.;
Bootle-cum.Linacre
Childwall John Davis
Crosby, Great James Reyes
Crosby, Little *W. Ledger
. . {Richard Shaw Ipa
Henry Edwards
*P. Roberts -", 3 - i
40 • -
Pazakerley Jackson Sa gar e 7; '''
Garston
Ince Blundell ..
Kirby Wiliam Roscoe

Everton

Itirkdale f Thomas William Medealf
I George Pitta
Litherland
LUlito •• •• Peter Almond 'f '
Netherton . *T. Taylor
Orrell and Ford Richard Mawdsley
Sefton -
Thornton John Richmond ":,
I *A. Miller
....
i Joseph Harrison
.
'' I Samuel Siddeley
_.
William Le
Toxteth Park <l Thomas Evans land
Matthew Augustus Johns
1
II Alfred Pickup
William Baynes, jun.
l Joseph Wilson
Walton-on-the-Hill
Wavertree The Rev. William Badnall
•f John Abrahams
Samuel Lunt
John Whitby *,
L James Wensley V
e

West Derby .

.

The Queen has granted permission to the sisters of the
new Ear' of Scarborough to enjoy the titles which their
father, had he been living, would have conferred upon
them by his accession to the earldom.

The Hereford Journal states, that the frequent freshets
in the river have brought up a splendid supply of salmon.
Several magnificent fish have been netted in the pool
opposite the palace by the lessee of the water. The
heaviest weighed 'offer 201bs.
A bill is beforeethe Louisiana Legislature allowing the
head of each family to take a 3 dol. newspaper at the
expeese of the State. Another, to prevent the circulation
of Abolition documents and newspapers, has been intro-
dueed. The bill makes it a criminal offence to take an
Abolition paper.
SIR JAM es GRAHAM AND THE RAILWAY CLERK.—After
the declaration of the poll at the Carlisle election the other
• day, Mr. Hodgson, (Yellow) having been returned by a
'Food majority over Sir James Graham (Blue), the Right
Hon. Baronet proceeded to the Citadel and took two tickets,
a first class for himself, and a second class for his servant, to
go by the express train to London. The tickets are respec-
tively yellow and blue, the latter colour representing the
Isecord, the former- the first class traveller. The tickets were
placed. before Sir James at the window, when he indolently
asked which was first and which second ? The clerk
emphatically replied, " Yellow's first, Sir James, Blue
second !" The Right Hon. Baronet glanced at the clerk,
and saw by the twinkle in his eye that the mot was intended.
and with a commendatory " very good" took up the tickets
and departed.—Carlisle Patriot.

AFSIVLT AND SUICIDE.—In Edinburgh, on Wednesday
morning, Andrew Adams, cagemaker, 21, Fountain bridge,
committed a brutal assault upon El'z tbeth Vardy, a woman
about forty six years of age, residing at No. 10, Leven
street. The parties had been living together, and about
eight o'clock, some quarrel having taken place, Adams
etruck the woman several severe blows upon the head and
face with a heavy cod rake. She, however, got out, and took
refuge, all cut and bleeding, in the house of a neighbour,
whom she told that she had been nearly murdered, and
that Adams had done it. The pol;ce were sent for, and, on
going to the door, it was found locked, and no answer was
given to the summons to open it. The door was then
broken open, and the wretched man was discovered lying
on the f1,,0r with a frighful gash in his throat, inflicted by
a table knif Bath parties were immediately removed to
the Royal Infirmary, where Adams died in the course of
the day. The. woman is very, seriously injured, and her
life is not yet considered out of danger.—Edinburgh Daily
Express.

A NEW CITY IN ,THE FAR WEsT.,--We observe in the

Commercial Register, a journal published at New York.-an
interesting atticle, inviting. the, attention ,of All who are
tired .of ,the poverty, competition,. and jealousy of the
crowded ,East, and who,are desirous of finding more con_
genial associates and readier means of wealth in the
beautiful homes of, the North-West, to the city of Nininger,
situated on the west bank of the Mississippi river, about
twenty two miles below. St • Paul, in the torti;,ory (within
a year to be the state) of Minnesota. This territory is
described as constitating.the most beautiful section of the
Union, with a most salubrious climate, perfectly free from.
the fever and ague—immense forests, furnishing an
. almost .inexhaustible supply of wood• L—while geographically,
•it lies at the head of the Great Valley of the Mississippi,
the greatest and most fertile valley in the world. The
survey of the town of Nininger was completed in September,
1856, at which time the lsndlay in farms, and now (March,
1857) there are upwards of sixty buildings erected, and a
population of about 400 people. No town in the North-
West has grown more rapidly during the first six months
of its existence than Nininger, and certainly none
promises better for the future. Arrangements for t a
Scotch branch of the European emigration to Nininger are
stated to be nearly completed.

COURT OP PASSAGE—Saturday.

BEFORE EDWARD JAMES, ESQ., Q C., A.-SESSOR.

The court commenced at nine o'clock this morning.

Fox V. DALE.—ACTION FOR TAE SALE OF COTTON.—
This was an action brought to recover a sum of £75 for six
bales of cotton. The plaintiff in this case is Mr. William Fix,
cotton broker, in Liverpool, and the defendant, Joseph Dale,
a cotton spinner. Mr. Aspinall appeared for the plaintiff, and
Mr. Brett for the defendant. It appeared that in November
last the defendant called upon Messrs. Porter, Vernon, and
Co., requesting them to act as his brokers in Liverpool, and
commissioned them to purchase for him six bales of cotton.
The defendant being then about to commence business at
Blackburn, desired accommodation from Messrs. Porter,
Vernon, and Co , bat they were unwilling to give the aecommes
dation without making some enquiries and obtaining the
necessary security. They, however, agreed to supply him with
two bales on the usual terms. The brokers purchased six
bales on their own account, two of which they sent
to the defendant. The seller of the cotton was
informed by the brokers that the purchase was . for
the defendant, upon which statement they supplied
the cotton. Messrs. Porter Vernon and Co., had since
become insolvent, and on the faith of the statement made
by them at the time of purchase as to their principal, the
plaintiff now sought to recover the value of the said cotton.
The learned assessor ruled that there was no authority for
Messrs. Porter, Vernon, and Co. to purchase six bales,
hut that there was ample evidence of an authority to
ourchase two bales. *Upon this the ease proceeded. The
brokers in this case had purchased the cotton at 6 3.16 d
per pound, and contrary to the practice of all honourable
brokers in Liverpool, they invoiced the cotton to the
defendant at one eighth of a penny per pound more,
notwithstanding their acting as brokers. Such practices,
his Honour said were highly dishonourable, and he ciuld
not believe that gentlemen engaged in the cotton trade of
Liverpool were gu,lty of such dishonest conduct. The
jury returned a verdict for the plaintiff for two bales of
cotton at 6 3-16 d. It was afterwards agreed to accept
£26 lOs 6d for the amount of damages.

ACTION FOR FALSE IMPRISONMENT.—ToMASOHINDS;—
Mr. Thompson appeared for the plaintiff, and Mr. Hutton
appeared for the defeadanti The plaintiff in this case
was Don Francisco Tomaso, the Spanish interpret.r, well
known in the various courts of this town. It appeared,
that in December last the plaintiff went into a house in
Renshaw street. called the " G orgo and Dragon,'
where he saw the defendant, William Henry Hinds, a
watchmaker and licensed victualler, with several other
persons drinking at the bar. The defendant proposed that
Tomaso should "toss'' for glasses round. They did so,
and Tomaso lost, and paid for the glasses round. When
these were disposed of, Hinds proposed that the
plaintiff should toss again, Tomaso refused, sayingahat
he could not afford it, as he had great difficulty in getting
in his money. The defendant, however, continued to
urge him, and the plaintiff thereon, took from his packet
three receipts, written by himself, for various sums of
money, due to him for interpretations made, saying
that he bad no money. The defendant wanted Tomaso
to sell him these receipts, and he ultimately sold to the
defendant one for thirty shillings, for which he received
ten shillings. Tomaso warned the defendant at the time
of the sale, that he feared he would lose, for the person
whose name appeared upon the receipt was then in custody,
and an execution was then in the house. The defendant,
however, took the receipt. In the following week, while
the plaintiff was pushing his avocation in the courts at
St. George's Hall, he was arrested by the instructions of
defendant in open court, taken through the streets to
Hot ham street bridewell, and the defendant kept loudly
exclaiming as they passed along that he was "taking
him up for swindling-him.° He was sent from Hotham
street to the main bridewell, and a charge entered against
him for obtaining money under false pretences. He was
kept in custody until next morning, brought before the
magistrates and discharged, and he now sought to recover
compensation for the injury be had sustained in his feel-
ings and character from the exposure to which he had
been subjected. The plaintiff, who is a short, dapper,
excitable little man, caused considerable amusement in

the court during his examination. He said that he re-
ceived 440 a year, fixed salary, from the consols of the
port for attending the various courts, and the fees which
be received in addition to this made his position rather
comfortable. When asked in cross examination whether
he had ever joined a party of strolling actors over at
Birkenhead, with the hot blood of his country
mantling his cheek with indignation, he asked the
counsel if be "thought his face was a comedian's
face. 'No ! no ! no !" He once joined a party of
gentlemen amateurs, composed principally of the
foreign merchants of Liverpool, who, for their own amuse-
ment and their "sweethearts," passed " a fitful hour upon
the stage." He was also asked if he had ever been turned
out of the Adelphi Hotel ? "Never by the master,Dever ; but
was once by a jealous boots." The defence set up was that
the defendant was not liable by statute, but his Honour
ruled that the enactment upon which the plea had been
recorded did not apply in this case. It was alleged also
for the defence that the receipt upon which the sum of 10s
was advanced by defendant, had only been given as secu-
rity, and had never been purchased, and furthermore, it
was alleged that the document was represented to be an
order upon the keeper of the main bridewell for the sum of
30s, and not a receipt, as it afterwards appeared, for money,
which might or might not be paid. The defendant having
given the document to one Murphy to be translated, found
that it was worthless; he sought for the plaintiff, and
found him on the steps of St. George's Hall, and told him
that unless he paid him the lOs he should give him into
custody. The jury after a short deliberation returned a
verdict for the plaintiff, damages £2O.

NON FULFILMENT OF A CONTRACT.— THOMAS V.
HUGHES—Mr. Raffles appeared for the plaintiff, and Mr.
Aspinall for the defence. The plaintiff, Thomas Thomas, is a
butcher in Birkenhead market, the defendant is a wholesale
butcher in Liverpool. It appeared that on the 3rd of October,
1856, the plaintiff had purchased from defendant a side of
beef weighing 318 lbs., value £5 19s, for which be tendered
six sovereigns. The defendant took the money, and refused
to give a receipt or supply the meat, on the ground that the
plaintiff owed money to one Madden, whom he alleged to be
his partner. The plaintiff was then in straitened circum-
stances, and owing to his net being able to supply his customers
with meat, through the defendant's conduct, he had susta'ned
great loss, The defendant bad paid £8 into court, and pleaded
that he was not liable for more than that. It appeared in
evidence for the defence, that 21,d per lb. could have been
realised. The defendant stated that Id. could not be realised.
The jury returned a verdict for the plaintiff for £2 19s. 7d.
LLOYD V. FRASER, —ln this case, which was an interpleader
issue, in which the plaintiff claimed certain goods that the
defendant had seized on an execution, Mr. Blair and Mr.
Temple were for the plaintiff, and Mr. Aspinall for the
defence. Mr. Blair in opening the case said, Mr. Hoffman
had for some time had an exhibition called the Organophonic
Band, and previously to the opening of his establishment
he had at the premises of Thomas Lloyd, horse dealer and
livery stable keeper, a kind of mail coach, painted with
various devices, and used for the purpose of an ,advertising
van. In addition to the coach there were two black horses, a
brown mare, a dog car, and some harness. After the expire-
tien of several weeks, Hoffman had got into unexpected
difficulties, and wanted an advance of money, and accordingly
he got from Lloyd the sum of £6O, giving the plaintiff in
return a document, authorising him to sell the horses. &c , if
the money was not repaid by the 13th December. The £6O
was not paid in the stipulated time, and at last tha plaintiff
threatened the sale of the property. Mr. Hoffman proposed
that the plaintiff should purchase the property, and it was
accordingly agreed that for a sum of £25 in addition to the £6O
already paid, and in consideration of the plaintiff foregoing all
other charges, the property should be transferred to him. This
arrangement was carried out, and Lloyd used some of
the articles in his business as a livery stable keeper.
He lent the coach out to Mr. Hoffman day by
day ; and this went on f.tom the latter part of
December, till the 11th of March last. On that day the
coach went out in the usual way, when it was seized in
an execution, at the instance of the defendant, Mr.
Fraser, against Mr. Hoffman. Mr. Aspinall, for the
defence, contended that, according to the statute, the bill
of sale should have been written and properly registered.
Bit t there was also a grave question of common law
involved in that case. Here was a transaction which was
always presumed to be to some extent, fraudulent; no,
possession followed-M-sale ; the goods were undoubt
edly the property of Mr. Hoffman up to the moms, t
when the alleged sale took place ; no change seemed to
take place, but the goods were allowed torgo about the
town as formerly, appearing to the public as his
property ; 'and he (Mr. Aspinall) apprehended that, at
common law, if they found such a transaction had taken
Place, that was a strong fact from which they might infer
that the transaction was not an honest one. The jury
returned a verdict for the plaintiff.'

ACTION FOR FALSE IMPRISONMENT.—DAVIES AND WIFE
v. MURPHY.—Mr. Scott conducted the case for the plain—
tiff, and Mr. Thompson for the defendant. This was an
action to recover compensation for false imprisonment.
The plaintiff's wife, in her professional capacity as nurse,
had attended the wife of the defendant in the month of
January last. After she left the defendant's wife, she
was given in charge by the defendants for stealing a
note. She was taken to Rose-hill station, and the charge
was there refused ; she was afterwards taken to the
central police station in Dale-street, and the charge was
also refused there. The defence sought to justify the act
of the defendant from the suspicion which existed of the
plaintiff's wife having committed systematic theft on his
premises to the extent of 410 6s 6d. The jury returned' a
♦erdict for the plaintiff. Damages, 45.
The court adjourned until Monday morning.