Northern Times.
Liverpool, Merseyside, England, 1859-04-08 00:00:00

NISI PRIUS COURT-YESTERDAY.

Justioo Bylog ontorod °our+. of var., ....a -
ceeded with the hearing of
M'Canntv v. Munsre.—Boniamin Conway examined by
Mr. Cobbett : Is an assistant ironmonger at Manchester.
Attended M'Carthy's meetings in Granby-row, Mancheiter;
saw the plaintiff yesterday in •court; saw him first on the
23rd September, at one of the meetings; heard him address
a meeting ; was so situated as to have a good sight of him ;
after the meeting plaintiff walked before witness up London-
road and Piccadilly, to Lever-street; he was five or six
yards a head of witness ; saw him at the corner of Lever-
street; saw him on the 30th of September, at one of the
same meetings, and heard him speak ; he spoke for about 40
minutes ; saw him walking home that night too ; another
cleigyman was walking with him ; on the 4th October wit-
ness was at one of Mr.-Dauby's meeting's at Salford ; accom-
panied the defendant, a person named Turner, and others
there • when coming home went down Chapel-street, Salford,
to Victoria-bridge, and thence up Market-street, as far as the
White Bear; saw a man and a woman talking together
upon that side of Market-street ; recognised the man ; it
was the Rev. Mr. M'Carthy. The persons with witness
were Murney, Turner, and another. Witness made some
remark to Turner ; they all turned round, and Murney (the
defendant) and witness turned back. Witness did not know
who the woman was, but she was a low, stout woman. Did
not look at the man amain—he was off. Saw him going up
Piccadilly ; they passed him once towards the Mozley Arms,
and then, to be sure of him, passed him again. This was
before his going up Piccadilly ; saw his. face. The woman
then went up Piccadilly five or six yards before him. Wit-
ness and Murney followed him up as far as Port-street;
they went after him up that street and down Back Picca-
dilly, and saw him and the woman enter the house. When
witness came opposite the door, saw them both in the
lobby ; the woman had a candle in her hand as if she was
going up-stairs. Saw the man turn his coat collar up
shortly before going up Piccadilly. Cross-examined by
Mr. James : Had no previous acquaintance with -Manley,
except seeing him at the meetings ; never to his recollection
spoke to him before ; joined him OR coming out of the
meeting on the night last mentioned; they got into conver-
sation when they reached Victoria Bridge, where there was
some discussion going on under the lamp, which they
stopped to hear. The meeting at Salford was rather a
noisy one. Mr. James : I suppose you sent the Romanists
to their proper places? Witness : We did. (Laughter.)
The meeting-place at Granby-row is where the National
school was ; it would hold about 1,000 people ; witness
generally sat about the middle of the room, and got as near
the platform as he could. Charles Turner, cotton weaver,
Manchester: Is a member of the Established Church; has
attended Mr. Dauby's lectures for some years; on the night
of the 4th October, was walking up Piccadilly with the last
witness, and others; when at the White Bear, saw a gentle-
man and a woman together. Witness and party passed
them, and Conway made a remark, upon which Conway
and Murney went back to see the person. Witness looked
at him as he passed by; the woman went up Piccadilly and
the man followed her a few yards behind, and Conway and
Murney followed them. Witness had an opportunity of
seeing the gentleman, and thinks he would know him again
if he had his hat on ; thinks that is the appearance and
figure of the gentleman (pointing to the plaintiff). Wit-
ness went on to Back Piccadilly, and stood there until four
minutes past eleven. Heard the Infirmary clock stike
eleven while he was there ; a policeman came up in the
meantime. The police officer and witness stood at
the end of China-lane watching to see if the
man would come out of the house in Baek Piccadilly,
he did come out, and went towards Port-street.. It was
the same person whom he had seen with the woman. Thos.
Ridyard, police-officer, deposed, that on the night of the
4th of October he was on duty in Back Piccadilly ; there is
a house in that street kept by Susannah Taylor; saw the
defendant Murney in that ttreet that night ; witness was
standing in an entry, near the brothel, and Murney was
near the China-lane end of it; before witness saw Murnev
he saw a gentleman and a woman come down the street ;'
she was a woman called " Fat Lie (laughter) ; the gen-
tleman was like the Rev. Mr M'Carthy ; he had a white
cravat on, and his coat-collar was turned up ; they both
went into Susannah Taylor's brothel ; saw them after they
went in ; saw a woman come to them with a candle; saw
the defendant Murney at this time opposite door ; while
witness was standing there, heard the Infirmary clock
strike eleven; witness went a few yards from the door, and
was talking with the witness Turner, when he saw the
same gentleman come out of the house. A correspondence
was put in and read, which had passed between. the Bishop
of Manchester and the Rev. Mr. -M'Carthy, m which the
Bishop urged noon Mr. f'Garthy the necessity of at once
coming to Manchester to meet the charges made against
him, and the letter explained the causes which had led to
some delay in his leaving Ireland, where he then was, for
the purpose, and indignantly repudiating the

Charges,. _ whether made in
~malice or in mistake.
Mr.. ;Tames then proceeded to call rebutting evidence.
Ja ines. Crowdleya ?xamined by' Mr: James:: Is an attorney
of Sergeant's Inn, London the plaintiff ;entrusted his case
to. witness; witness went down to Manchester to endeavour
to find•the woman; had great difficulty in finding her; did
find 'her at last; she said she follored the man who had
heen-With her upon that night to see 'whether he went into
the same house as one which had been with her on a former
iaccaiimi; she said she stood on Dr.. Royle's steps, and saw
theanan go into the, same hou.,e as the man on the former
occasion; it was a house opposite Dr. Royle's; she said the
man lived at Hulme ; witness went at once to Lever-street,
and ;found Dr. Royle's house; it is on the same sideas No.
23; nearly opposite to it there is a commercial boarding-
house; there was a plate upon the door of the latter a
" Turner's Commercial Boarding-house." To Mr.
Overdid : I could see the door step ,from Dr.
Royle's house ; No. 23 is the third or fourth
doer from Dr. Royle's. Mr. Overend contended that the
letter addressed by the defendant to Mr. Denby was a
privileged communication, inasmuch as the defendant had a
- common interest with Mr. Dauby and the public in endea-
vouring to expose any conduct which he believed was
calculated to bring scandal upon the cause. 'His Lordship
said he would reserve that point. Mr. Overend then
addressed the jury, contending that unless the witnesses`
examined for the defence were proved guilty of perjury, the
case for the defence had been fully substantiated. Mn
• JameS replied on behalf of the plaintiff, and urged that the
evidence was not elear as to identification, and that, without
imputating perjury to any of the witnesses, they miglit
have been easily mistaken in their belief that the plaintiff
was the person whom they saw in the street.
On the other hand, he dwelt strongly upon the
evidence of Mr. 111‘Carthy himself, of Miss Gregson,
and of Mr. Gregson, to show that Mr. M'Carthy
was in the house where he lodged at twenty minutes before
eleven o'clock that night, and never left the house after his
return. His Lordship proceeded to sum up the evidence,
and commenced by pointing out what was the character
which the plaintiff had borne up to the time of the present
charge, and which, he observed, was 'upon his own state-
ment, not only unimpeachable, but exemplary.; and, he
added, that it was due to plaintiff to say, that nothing had
been adduced upon his cross-examination in the slightest
degree to touch that character. On the other hand, the
defendant was a man who had likewise an unimpeachable
character, and his Lordship added, that it was due 'to him
likewise, to say that, upon his cross-examination, nothing
whatever had been elicited in the slightest degree
to touch the character which he had always
enjoyed. It was possible some persons might
think that his zeal sometimes outran 'his discretion ; but
it was evident that he was filled with that deep interest in
the great problems of human destiny which so often distin-
guished a serious mind from the thoughtless and frivolous
characters with which the world abounded. Some persons
might, indeed, doubt the wisdom—it might almost be said
the christian charity of the course which, in this instance,
he had pursued. He believed that he saw a clergyman
doing that which was a gross breach of morality in any man,
and a serious ecclesiastical offence in a clergyman. Still it
was an offence into which a man might be betrayed in an un-
guarded moment of temptation, and some persons might be
disposed to think that if the defendant had hid in his own
breast, in the depths of his own consciousness, what he saw,
and had never revealed it to anybody, he would not have
transgressed the limits of christian charity ; or if he had
communicated it in any of a thousand ways which might be
suggested to the plaintiff himself what he had seen, and
had given him a warning, he might have fulfilled what
duty required of him. But he (his Lordship) presumed that
it had never entered into the defendant's prevision what the
consequences would be of the step he had taken, He did
not see at the time, and very likely he did not know, that
the consequences of his information would certainly be that
the plaintiff would be put upon his oath to deny this
charge, and consequently that his conduct was the means of
exposing the plaintiff to the temptation to commit perjury,
in defence of all that was most valuable to him in the world.
It was evident that the defendant had not quite considered
what the effect would be, because he said in his letter to Mr.
Dauby that if the Papists got hold of . this affair.
they would never hear the end of it ; while the
course he pursued had had the effect of causing a
scandalous investigation into the circumstances to take
place in an open conrt of justice. He used the word
scandalous, because it:must be prejudicial to the interests of
religion, no matter what sect, that such an imputation
upon the character of a minister of religion should be the
subject of discussion in a court of justice. Remarking on
that passage in defendant's letter which' spoke of the
Papists coming to hear of the circumstance, his Lordship
said he could not help also adding, in passing, that, much
as he respected the zeal of both parties, he could wish they
bore in mind that the faith which was common to them
both had produced the greatest ornament of human nature
which had ever existed, and that a portion of the acri-
mony and the energy which were expended in such dis-
cussions as had been described here, might possibly be
just as profitably used .amidst the numerous degraded.
ana scotting multitude, which
they were both surrounded. His Lordship then went
over the evidence at considerable length, pointing out the
fact, that the plaintiff had, in the strongest and most
solemn manner, denied that lie was guilty of the conduct
ascribed to him ; but, at the same time, adding, that it was
his duty to tell them that, while the defendant had nothing
to gain by making the charge, however he might feel
anxious when it was made to support it, the plaintiff had
every motive in the world for denying it. Having gone
over the whole of the evidence, his Lordship told the jury
that there were two points for their consideration. First :
Was the charge made by the defendant a malicious one, or
was it bowl fide made without malice, and in the
full belief of its truth ? And next, the far more im-
portant question : Was the defendant right, or was he
mistaken, in his identification of the person whom he saw.
Several of the jury expressed a wish to know where the
defendant resided, inasmuch as he stated that he called to
see Mr. Dauby, at Chorlton Hall, before going home, then
went home and wrote the letter to Mr. Dauby, which bore
date 11.30 that same night. The defendant was, therefore,
re-called, and said : I live just beside Chorlton Hall. I
wrote the note in my own house. I live in Peel-street,
which is near Russell-street, London-road. Chorlton Hall
is at the top of Russell-street. The jury then retired to
consider their verdict, and after some deliberation, found a
verdict for the plaintiff, damages £5O. In answer to the
judge, the jury stated, that they did not believe there was
malice, but tliat it was a case of mistaken identity.
CAZENOVE AND ANOTHER (ASSIGNEES) V. THE BRITISH
EQUITABLE INSURANCE COMPANY.—This was an action to
recover £5OO, under a policy of insurance, bearing date
March, 1857. The plaintiffs were the assignees in bank-
ruptcy of the late Mr. Ralph Hardy Thompson, of Liver-
pool. The question was resisted on the ground that, in
answer to the question, " names and addresses of usual and
last medical attendants," the deceased gave the name of Dr.
Craig, of Birkenhead, whereas Dr. Craig was not his usual
medical attendant, and he had been attended also by Dr.
Roper and others, and that he had also suppressed material
information, by not stating anything regarding an attack
of obstruction of the bowels, which lie had had in Birming-
ham, mid which was alleged to be of a very severe and dan-
gerous character. This illness was stated to. have occurred
in February, 1856, and it was stated that the deceased was
then medically attended for several days. Mr. James, Q.C.,
conducted the case for the plaintiffs, and Mr. Atherton, Q.C.,
for the defence. The Jury found for the plaintiffs. His
lordship gave the defendants leave to move.
This case concluded the business of the court.

" What do you propose to take for your cold ?" "Oh !
I'll sell very cheap ; I won't higgle about the price."
It is a pretty saying of an old writer, that men, like
books, begin and end with blank leaves—infancy and
senility.
_ _

Two brothers, by the name of Rich, were lately married
to two sisters by the name of Wings, and have.. since
emigrated; thus showing that riches take to themselves
wings.
Never seek to be entrusted with your friend's secret, for,
no matter how faithfully you may keep it, you will be
liable in a thousand contingencies to the suspicion of having
betrayed it.
No SHIP SHOULD GO TO SEA without one of Saunders
innd Co.'s Patent Self-cleansing Charcoal Filters, cased and
fitted-up expressly for use on board ship. Note the address,
SAUNDERS & Co., 16, Parker-street, Liverpool. '
SPINNING AND REELING.—In the streets of Leicester,
one day, Dean Swift was accosted by a drunken weaver,
who, staggering against his reverence, said, " I have been
spinning it out.' " Yes," said the dean, " I see you
have, and now you are reeling it home."
A Texas editor, in a dispute with his neighbour about a
political election, ffers to bet a sea-serpent upon the result.
The neighbour declines this, but says he is quite willing to
go twenty large alligators. They seem to have rather
curious kinds of circulating medium in those parts.
A celebrated physician said to Lord Eldon's brother,
Sir William Scott, rather more flippantly than became the
gravity of his profession,' " You know, after forty, a man
is always either a fool or a physician." The baronet archly
repliedin an insinuating voice, -" perhaps he may be both,
doctor."

Tau ADVENTURES OP A SNUFF-MIN.—An elaborately
chased snuff-box, ornamented with stones, was the subject of
an-action at the Bishop Auckland county court, on Friday
last, before Henry Stapylton, Esq., judge. The box was
offered for sale by a travelling jeweller, named Petertowski,
to Mr. Bell, innkeeper, Crook, for £5, but its value was
proved to be only £3 10s. for which judgment was given
to plaintiff. On the lid' was the following inscription :
Presented to William Hill, Esq., in 1672, for his valuable
entices to the Harcourt Orange Lodge."