Northern Times.
Liverpool, Merseyside, England, 1859-01-29 00:00:00

THE EAST

TRIESTE, Jan. 27.
The steamer, just arrived, brings news from Con-
stantinople to the 22nd.
The official journal declares the election of A.
Couza as Hospodar of Moldavia to be contrary to
existing treaties.
A petition from the commercial community
solicits measures against stock-jobbing.
The difficulties in connection with the telegraph
between Alexandria, Syra, and Constantinople,
are surmounted.

CONSTANTINOPLE, Jan. 26.
Mehemet Kylprisli Pasha has refused to replace
Djemel Bey as ambassador at Paris.
Rumours are current of an approaching change
in the Ministry. _ _ _ _

Mehemet kybrisli Pacha will probably. be ap-
pointed Grand. Vizier, and Fuad Pacha, it is said,
Minister of Finance; Djemel -Bey or Savfet
(? Sever) Effendi, Minister of Foreign Affairs;
Mehemet Ali Pacha, or Mehemet Rouchdi Pacha,
Minister of War.

The Cireassians have been victorious over the
Russians.

THE lONIAN ISLANDS.
CORFU, Jan. 25

Sir John Young has left.
The lonian Parliament has been opened to-day.

SERVIA.
BELGRADE, Jan. 27.

The laws which the Skuptschina has passed for
the regulation of its own constitutional power
contain enactments of such a nature that the future
liberty of the press is guaranteed by them.

THE CONFESSIONAL IN BELGRAVIA

COURT OF QUEEN'S BENCH.---FRIDAY

The Court to-day, after hearing the arguments of the
Attorney-General, contra, made absolute the rule for a
mandamus, ordering the Archbishop of Canterbury to
make a due inquiry into the appeal of the Rev. A. Poole,
late curate of Knightsbridge,

The foll Owing is the judgment delivered :—I am of
opinion this mandamus must go. I was, however, in
hopes that this controversy would have come to an end,
and have been forgotten. With my sincere goodwill
towards the Church, and my earnest desire that the cause
of holy religion may be promoted, I had hoped 'we
should have heard no more of it ; but we have no
discretion in the matter. I have no doubt his Grace
the Archbishop of Canterbury proceeded most con-
scientiously, and with a sincere desire to discharge
his sacred office, and do what was for the benefit of the
Church of which he is the head ; but lam of opinion
that he has taken an erroneous view of the subject, or
that he has acted under advice that cannot be supported.
I-think he was bound to hear the appellant, and that he
has not heard him. According to the first principles of
inational jnstice, no man shall be ,condemned without
'being heard,. We cannot form any opinion whether his
decision was right or wrong, if 'we come •to the con-
clusion he has rightly decided without hearing the oppo-
site party_ We must still say he was mistaken, and had
acted wrong. Oh, recollect the words of Seneca—
Qui statuitaliquid, parte inaudita alteri,
dEquum licet statuerit, haud Eequus fecit.
We must suppose, however, that the archbishop had just
cause.to affirm the judgment of the Bishop of London in
withdrawing his license, yet not having heard the apel-
lant, his judgment cannot stand. This •has been the
uniform principle upon which this great court •has
proceeded from the most ancient times, and I recollect
that a very old judge quaintly quoted Adam's case,
and stated it without irreverence that .the Almighty
and Omniscient leing would not condemn our first
pave cnv 4.0 "CePn.. b. had o.rnmittca without
giving him an opportunity of being heard in his
defence. We and our predecessors have constantly
acted on that principle ; and I think we should
depart from that principle, hitherto respected, if we were
to refuse the mandamus. The legislature gives an appeal
from the judgment of the bishop to the archbishop.; and
that implies giving an opportunity to an appellant
of being heard before the archbishop. This appellant
has not been heard. Ile presents a petition of appeal in
which he denies almost everything charged against him,
and he specifically claims that he may be heard at a time
and place to be named by the Archbishop of Canterbury.
Without the smallest communication between him
and the judge; the judge decides against him. That
was net a hearing. It was very important he should
be heard, because he might be able to put a different
construction on the :language employed, and, allowing
the language used to be as stated, he ought to have had
an opportunity of contending before the archbishop that
there were not sufficient grounds for the withdrawal
of the ,license, and it was only after being heard on
these -two points that ;the archbishop could lawfully
affirm the decree of the bishop. We think the mandamus
must go, and that there shall be a hearing. All we have
to consider is, whether there has been a hearing. There
has, in my opinion, been no hearing, and therefore the
rule must be made absolute, so that the Rev. A. Poole
'might have a hearing. I give no opinion as to the form
in which that hearing should be. The archbishop, I have
no doubt, will have most excellent advice, and have no
doubt now the hearing will ,be satisfactory, and that
justice will amply be done to all parties. The rule must
be made absolute.
The other learned judges concurred.

Mr. Windcock, an opulent landed proprietor, is to be
married to the daughter of the Marquis of Clanricarde,..

A nieee of a duchess and the aster of a countess in
Dublin are shortly to be married—one to a county Clare
gentleman, another to a county Cork gentleman.

SHIP CHARTERED BY HER MAJESTY'S EMIGRATION
COMMISSIONERS. - H. M. Emigration Commissoners have
accepted the Lady Elma Bruce for the conveyance of
passengers from Birkenhead to Sydney, at £l5 19s. ld.
per head.
The Tees Iron Company will have ono more furnace
ready for lighting very shortly ; and there are four more
in course of erection, at and near Middlesborough, fast
approaching to completion. Of the furnaces on and near
the Tyne, there are some (including one at Jarrow,
which is new, and not yet finished) set down amongst
those which are now out of operation, that are intended
to be in, before long
FRIGHTFUL SUICIDE AT SUNDERLAND.—SunderIand,
on Wednesday, was thrown into a state of consternation
by a report that one of the oldest of the tradesmen had
committed suicide, which was soon proved to be the case.
The unfortunate victim was Mr. James Jopling, linen
and woollen draper, High-street, and his private residence
in Foyle-street. He had a flourishing business, in which
he had been engaged for upwards of twenty years. For
several weeks past he had been unwell, and on Tuesday
had been supplied with medicine from his medical man.
He had attended to his business up to within an hour of
his cutting his throat; in his own bedroom with a pen-
knife. Deceased has left a widow and nine children to
mourn over the catastrophe. Rumours are freely circu-
lated that he sustained some losses by the Atlantic Cable.
—Northern .Express.
EXTRAORDINARY AND USEFUL INVENTION.—There is
nothing that housewives complain of with greater truth-
fulness, than the breaking of some favourite piece of
glass, valuable china, or earthenware. In hundreds of
cases such things cannot be matched, and of course cannot
be mended. The latter want has been obviated by an
extraordidary and effective invention, by'Mr. Adshead, of
Derby Pottery, near Derby .It is a cement that may be
said to heal, in a perfect manner, all cracks and breaks in
the articles spoken of ; and not only in these. but in mar-
ble, alabaster, &c. The benefit of this article need not
be dwelt on. We have seen some of its effects at Mr.
Hall's, our neighbours, and the glass that has been
cemented by it is stronger in that part than in any other.
The article is very cheap, and no house can be long without
it. Mr. Hall is the agent for its sale in Liverpool, and
all interested can judge for themselves, by looking in at
his establishment. Agent for Liverpool, E. T. Ball, 23,
South John-street. Sold in bottles, ls; euh, or sent fres
on receipt of xtVsien postage stamps,

THE LIVERPOOL 8Q:?,,,-rtjGH

BANK.

COIIRT OF QUEEI4'S BENCH-JANUARY 27

Scorr AND ANTMER V. DlxoN.—The plaintiffs in this
action were, John Scott and Robert Robinson, and they
sued the defendant, Joshua Dixon, one of the directors
of the Liverpool Borough Bank, to recover damages for
certain false representations alleged to have been made
by the defendant to the plaintiffs, respecting the affairs
of the bank, whereby the plaintiffs were induced to pur-
chase shares in the bank, which afterwards was found to
be insolvent, and stopped payment. The alleged false
representations were contained in a report presented by
the directors to the shareholders, on the 27th July, 1857,
which was set out at length in the declaration, and which
was alleged to be false in five points-1. That there were
no profits out of which the said dividend could be paid.
2. That it concealed the true financial condition of the
bank. 3. That the company was not then possessed of the
capital of 1,000,0001. aforesaid. 4. That the company was
not at the time in a sound financial condition. 5. That
the shares during all that time were wholly useless and of
c p
no value. The defends leaded the general issue, and
also that the plaintiff were not induced by the means
alleged to become sha Tholders. At the trial, which

took place before Mr. Baron Martin, at Liverpool, at the
last summer assizes, the plaintiffs obtained a verdict for
1401., being the value of their shares and the amount of
the calls which they had paid. Subsequently the Court
granted a rule for a new trial upon four grounds.
1. That there was no evidence for the jury of a false and
fraudulent representation. 2. If there was, that the
verdict was against the weight of the evidence. 3. That
there was no evidence of any representation made to the
plaintiffs that the report was true. 4. That the reports
of the directors of 1837 and 1838 had been improperly
_ _

rejected in evidence.
On Thursday and Monday last Mr. Edward James,
Q.C., Mr. J. Wilde, Q.C., and Mr. Broun had been
heard to show cause against the rule ; and the Attorney-
General (with whom was Mr. Atherton, Q.C., and Mr.

Mellish), was in part heard in its support.
The Attorney-General now resumed his arguments,
and in so doing contended that the statement of losses
submitted by Mr. Smith to the defendant ought to be
taken as an estimate only, and not as the amount of debts
absolutely lost, for the amount was liable to be raised or
diminished.

Lord Campbell said it was the loss after a value had
been put on the securities.
The Attorney-General said the whole of the charge
against the defendant was that in the report he had said
that the shareholders might take either a favourable or an
unfavourable view of the loss; and that in the former case
there would be sufficient to pay the dividend ; but, taking
the unfavourable view, about 60,0001., more or less, would
have to be taken from the capital. That statement was
supported by the facts and the paper produced by Mr.
Smith, on which the defendant formed his estimate. The
learned Attorney;General then addressed the court on the
question of the alleged fraud and misrepresentation' and
contended that in order to support the declaration it must
be shown that the defendant had been guilty of moral
fraud. He contended that that was not proved. It was
pressed upon the defendant that if a less dividend than 7
per cent. should be declared, the effect might be that a
run upon the bank would take
.place, and thereby the
greatest inconvenience and suffering would be incurred
by the shareholders, many .of whom had invested their all
in the bank. In conseqnence of that a dividend was
declared, but of 5 per cent. only; but this was not an
action for improperly declaring a dividend. i
Lord Campbell : The action s for false representation
that a dividend could properly be declared.

The Attorney-Geniraf : On the 4th of July the
directors decided against making a dividend ; but on thki
6th of July that decision was reversed. On the 27th of
July the report was presented to the shareholders, not for
the purpoose of representing the bank as solvent, but to
justify the directors in declaring so small a dividend, and
reducing it from 7to 5 per cent. This was not like the ease
of the Royal BritiCh Bank, where the directors had repre-
sented the bank to the public asin a highly flourishing-con-
dition ; but this report was an excuse and an apOlogy for
reducing the dividend to 5 per cont., and it told the share-
holders that the whole of the reserved fund was gone, and
that to some extent the capital was encroached upon.
According to the draught report prepared by the defend-
ant, there was a deficiency of about 58,0001., and that
amount was to be taken from the capital. Suppose the
defendant's report had been adopted, and the -share-
'holders had been told that the sum was lost, would that
have shaken the stability of the bank ? He thought
not. But the shareholders would have said it'
was very hard that they should starve for a:
Tear, and have no dividend. It so happened that the
defendant was overruled by the other directors. As to
taic ivr....iitation to the pl.,;.+Urs, which waa rlnarEcod in
the declaration, it must be observed that some reports
were prepared expressly with a view to be read by the
public at large, .and contained intrinsic evidence of that
fact, but-that was not the case in this instance, 'for the
report contained no recommendation 'to take shares, but,
on the contrary, it was an apology for the non-payment
of the usual dividend.

Lord Campbell: It may be supposed the directors
intended what the clerk actually did with the report.
The Attorney-General said the directors had merely
permitted the report to be published to the world. This
was not a representation to the plaintiffs merely 'because
the directors permitted them to have a copy.
Mr. Justice Wightman thought that, an order to pre-
vent a run being made on the bank, the report was In-
tended to be made known to all the world.
The Attorney-General then contended that the reports
of 1837 and 1838, had been improperly rejected in evi-
dence. The reports were tendered to showthat the course
of practice adopted at the bank was known to the public,
and that all who were about to purchase shares world
know that two only of the directors were acquainted with
the details of its affairs.

Lord Campbell : Was it deified that there was an inner
and an outer cabinet ? It seems to have been admitted
throughout the trial that the defendant belonged to the
outer cabinet until the month of June, 1857.
The Attorney-General thought the evidence aught to
have been admitted, and upon that as well as upon the
other grounds be contended justice would not be done
to the defendant unless his case should be submitted to
another trial.

Mr. Atherton, Q.C., then addressed the Court on the
same side, and went through all the facts of the case,
chiefly with a view to•show that the defendant had acted
throughout with the greatest candour and fairness, and
not at all like one who was conscious of any unfairness or
misconduct. The only evidence against the defendant
was that given by himself at the trial, which showed
clearly the wens sibi conscia recti.
Mr. Mellish followed on the same side, and contended
that the defendant's only fault was that he had assented
to what he had no power to prevent ; and that the report,
in effect, was a true statement of the facts, so far as they
were known to the defendant at the time.
At the close of the argument,
Lord Campbell said he viewed the defendant's case
with great pain. He looked on Mr. Dixon as a gentle-
man .and honourable man, and he did not think that a
permanent stigma would attach to his character ; but,
in the presentransaction, he thought he had been over-
persuaded, and acted on the principle video meliora, pro-

oque—cleteriora sequor. His-Lord;hip here dropped his
voice for a few moments so as to become quite inaudible,
and then proceeded to observe that the report amounted
to this, that the dividend of 5 per cent. for that half-
year was to be paid out of profit, and that there-
after, in all probability, it Would be paid out of profit,
and that the bank was in a fit situation to award
a dividend of five per cent. This declaration was not
framed against the defendant for concurring in that
dividend, but for representing that the dividend was paid
out of profit, and that the bank was in a situation to pay
that dividend. Notwithstanding the ingenious comments
which had been made on the figures in the first page of the
Report, and on the commentary in the second page, he
(Lord Campbell) thought that that was the amount of
the representation. It was said that all the difficulties
arose from the losses which occurred in the year
1854, but that was followed by a commentary, which,
read by a common person, and oven by a man of business,
would be understood as meaning that the loss was a
casual loss, and that they could safely rely upon a dividend
without encroaching on the capital. Was that a true
statement ? He (Lord Campbell) thought it was not, and
about that•there was no dispute. The next question was,
whether it was incorrect to the knowledge of the defen-
dant. Upon that point there was an important witness,
and that was the defendant, Mr. Dixon, himself. His
Lordship said he felt deep regret at finding a gentleman
who had maintained a most unexceptionable character,
and who was respected by all who knew him, in this
position; but it was from his own candid statement, from
what he said himself, that this action was maintained..
Did he know that what the report contained was untrue ?
His •Lordship then referred to the speech delivered by the
defendant at the meeting of the shareholders on the
25th of Febrnary, and read several portions. The de-
fendant said— •
" Towards the end of June last, Mr. Cross called upon
me in London, and stated that Mr. Smith was going to
resign, and that Mr. Sellar was to take his place, and he
asked me if I would become a managing director. I
assented. Immediately on my return to Liverpool, my
first step was, to inquire into the condition of the bank
with respect to .the declaration of a dividend. The state-
ment of the affairs of the bank laid before me by Mr.
smith, led me tii the ondit4un that no dividwal ought

THE NORTHERN TIMES, SATURDAY, JANUARY 29, 1859

to be declared. (Hear, hear.) This view of the case
was assented to at a meeting of the directors, but at a
meeting afterwards, suddenly convened, the decision was
reversed.
" Mr. Woodward : By the whole of the board or by
per?
"Mr. Dixon : By the board, and to which I yielded,
the motive being that it was very dangerous, in the then
position of the bank, to run the risk of the excitement
that might be produced by the non-declaration of a
dividend; it might have resulted in a run and the
stoppage of the bank."
Still, Mr. Dixon was acting conscientiously and honestly,
and yielded, on the understanding that a true representa-
tion should be made of the affairs of the bank. He said :
" I acceded to it only on the understanding recorded
in the minutes, that the statement to the shareholders
should contain a full and correct disclosure of the position
of the bank, even although it should disclose the fact that
the dividend was declared out of the capital."

Was that condition performed by the report which was
afterwards published ? Mr. Dixon said :
" The report that has been presented, well examined,
shows the fact, although I do feel that it does not make the
statement in the broad terms that would have been
adopted if the intention had been to state that there was
a very handsome surplus."
His Lordship asked whether it was fair that it should
require a microscope to examine such a document ? and
he thonght the report ought to have stated the actual
state of the bank. His lordship then read some further
extracts from the defendant's speech, which showed bow
he devoted himself to his duties as managing director,
and how he subsequently, in October, discovered that the
position of the bank was far worse than he had ever
dreamed of. His Lordship observed, that he
thought the passages read showed very plainly
that the defendant felt he had done wrong,
and that he regretted it, and then he proceeded to
the evidence which the defendant had given on the trial,
when he was examined as a witness in his own cause,
and which was to the same effect as the extracts from his
speech above given. It had been very elaborately argued
that the paper submitted to the defendant by Mr. Smith
was merely an estimate of the probable losses, amounting
to 334,000/. ; but it was clear from Mr. Dixon's own
statement, that he considered it was an absolute loss, and
that if the steamboats were not sold there would be a
further loss of 30,000/. He (Lord Campbell) had no
doubt that the defendant was fully persuaded that if
there was to be a dividend there must be an encroach-
ment on the capital. The defendant, in his evidence,
said— _ _ _ _

" I attended the meeting on the 4th of July. It was
an average full meeting of the board. I maintained my
view that there ought to be no dividend, and stated that
it was based upon the calculations furnished by Mr.
Smith. The majority disagreed with me, and resolved
that there should be a dividend. I continued myself to
be Of the same opinion as before. It was stated by Mr.
Smith that he was under the impression that the cus-
tomers of the bank and the shareholders would be most
grievously alarmed by the non-payment of a dividend,
an this statement was made before I agreed to submit to
the majority. I stated that paying a dividend oat of
Capital was a logical absurdity."

SOUTH LANCASHIRE BOOK-HAWKING
ASSOCIATION.

The first anniversary meeting of this association was
held in the Common Hall, Philadelphia Chambers,
Hackin's-hey, at two o'clock, yesterday. There was but
a very thin attendance. The chair was taken by Edward
Heath, Esq., and the proceedings were opened with
prayer.
The Rev. Mr. Stewart read the following

REPORT

" With respect to the general organisation of the as-
sociation they have no reason to think that any change
would be desirable The list of books adopted has, on
the whole, given satisfaction to the people among whom
their agents have travelled ; and, as far as previous sales
seemed to warrant them, the committee have, from time
to time, added to it such new works as seemed most
suitable. In this way fifty-four publications have, during
the year, been added to their catalogue The method of
arranging the districts in order, for visitation, is one
which evidently requires a much more intimate acquain-
tance wtth the different localities to be traversed, and
their peculiar circumstances, than could at once be ob-
tained, to be worked with precision. The committe have
found themselves greatly mistaken in their estimate of the
timewhich would be occupied in going through the various
districts; and thus their agents have not been able to
go over the ground more than twice during the year, and
in many cases have been prevented giving that timely
notice to the clergymen which is desirable, that the
people may be prepared for their coming. As experience
is gained, the committee confidently expect that the
ground will be got over more quickly, and that greater
precision in the visits of their agents will tend to increase
their sales. On ..the resolution of the first quarterly
meeting of April 8, 1858, the committee took steps for
procuring the services of a second hawker ; they regret to
state that the persons whipm they successively engaged
proved quite unfitted for the occupation, and that in
this way much time has been lost, The person now
employed gives promise of energy and efficiency,
and they trust that, in co-operation with Mr.
Clarke, their original hawker, who has continued to
give satisfaction to Mr. Hunter, the treasurer and secre-
tary, he will be enabled to traverse the whole district at
present occupied by the association as frequently as the
requirements of the people seem to render it desirable.
From a perusal of the sales lists of the year, which con-
tain the names of the purchasers, and any remarks which
the hawker may have thought worthy of being noted down
in the course of his visits, the following results are
gathered. The purchasers are chiefly found among the
classes above that for whose special benefit the association
desires to work ; but, since they are for the most part •
persons who take a lively interest in the amelioration of
the condition of the poor, we may reasonably assume that
the purchases so made will be applied to their use, and that
the objects of the society will be equally forwarded thereby.
The poor themselves are many of them desirous of possessing
books, but assert their inability to do more than provide
themselves with the bare necessaries of life. There can
be no doubt that thriftlessness and habits of intemperance
are in many instances the real causes of this poverty ;
but it is likewise certain that the ordinary wages of a
labourer, especially in agricultural districts, will not
afford much to lay out in this or any other way ; and it
must be decided by longer experience than we have yet
gone through, whether we must not be content to see the
labourer and his family provide themselves with Bibles
and Prayer-books, and a few works of standard interest
to be added to very slowly from generation to generation,
and trust to the parochial library of his district for the
supply of fresh books for their instruction and
amusement. It is certain that the more affluent
classes 'have resorted to a similar principle,
and have found a much wider range of literature within
their reach in consequence ; and it would seem that the
same result would ensue from the establishment of paro-
chial libraries for the poor, which is now becoming so
general. The experience of the association points in this
direction : the poor seem anxious to provide themselves
with Bibles and Prayer-books, and a few well-known
books of standard interest, but it is hard work to find
money for one purchase in a year, and on a second visit
in the district, the hawker, instead of meeting with the
additional success he had hoped for, has not found as
'many purchases as at first. The association is, however,
doing a good work; it brings to the door of the poor man
an array of good and useful books, affording to such as
have a taste for reading an opportunity of gratifying
'it which many would not otherwise enjoy, and, offering
an incentive to others who might without it have
-spent their money on that which would be injurious.
And we may hope, likewise, that not only will those
.richer persons who have hitherto been purchasers con-
tinue to exercise their liberality for the benefit of their
poor neighbours, but that others may be reminded by the
-hawker's visits of the good which may in this way be
(Zone. and become participators in so excellent a work.
The committee would express their thanks to the clergy
-who have so much assisted them by their kind co-opera-
tion in their several districts. They would esteem it a

Did not that show that the dividend was to be paid out
'of the capital ? The defendant said:—
" I stated that paying a dividend vat of capital was a
logical absurdity, which, if they pleased, they might com-
mit, provided they placed on record -a minute that by so
doing they aid not interfere with giving to the share-
holders a ftill and correct statement of the affairs of the
bank. I drew a draught resolution to the effect, which
was read, avid a report was ultimately prepared in the
form different from that -which was ultimately published.
This is it:"

That report certainly would have alarmed the sh are-
holders -and those V6lO had any notion of buying
shares. His Lordship read 'the defendant's draught
report, and continued the defendant's evidence,
in which he said, "A discussion took place upon
it. It was set aside ; they did not like it." Ms
Lordship asked, "Why did not the directors like 'it ? "
The reason was, because it spoke too plainly of the
state of the bank. The defendant continued, "
believed all the statements made in it (the draught
report) to be true." He evidently believed what he
originally expressed, that 'there could not be a divi-
dend except out of capital. Still, he concurred in
the Report of the directors, because he believed it would
not • alarm the shareholders and depositors, and
would not prevent -the -public from buying shares in the
bank. His Lordship then made some general observations
on 'the Royal British Bank case, and the doctrine.which he
then laid down on the -subject of a conspiracy to defraud,
and then proceeded 'to the next question—whether this
representation was made to the plaintiffs ? Upon that
point he (Lord Campbell) could not entertain the smallest
particle of doubt. mese reports, though addressed to the
shareholders, were generally meant for the information
of all who were likely to have dealings with the com-
pany, and he had -no doubt that the directors
well knew that when they concurred in this report it
would be in the hands of all the stock jobbers and
sharebrokers, and would be acted upon by the public.
But, in the present case, there was the evidence of Mr.
Tinley, the broker, that reports were bought by any
one who wished to purchase them, and that one was so
obtained for the plaintiffs, and that they acted upon
it. . There could, therefore, be no -doubt that that
allegation in the declaration was proved. Then,
were - the plaintiffs damnified by it ? That is a
question for the jury, and no complaint was made that
the damages awarded were greater than the amount of
the plaintiffs' loss. The only remaining question was,
the rejection of the evidence, and from what took place
at the trial, his Lordship thought Mr. Baron Martin
had properly rejected it. It was tendered to show
that, twenty -years before the trial, -the public had
been informed of the manner in which the directors
discharged their duties, without its being proposed to
show where the plaintiffs were at the time. That
was the ground on which it was tendered, but
if it had been admissible on any other ground, and could
in any way have influenced the jury, he (Lord Campbell)
would have been inclined to grant a new trial ; but he
did not think that if the evidence had been received it
could have weighed one feather in the scale, eo as to
influence the jury in the verdict which they had found
against the defendant. There was therefore no ground
upon which this verdict could be disturbed, and he (Lord
Campbell) thought -the rule for the itew trial ought to be
discharged.

kindness to have any suggestions male to them tending to
the more efficient working of the association, and hope
that it may still 'have the benefit of their influence in re-
-commending its hawkers to the confidence of their people.
The sale of publications has amounted to about 4,000 during
thc year. The stocktaking and balancing of accounts for
the year show that the operafions of the society have
entailed an expenditure of £7O over and above the returns.
It may perhaps fairly be expected, that as the districts
are better known, and-the hawkers' rounds more conve-
niently arranged, 'the returns will be greater, and the

deficiency les-s ; 'but, as the annual -subscriptions at
present amonnt only •to £49, it is evident that fur-

would press upon the Mends of the undertaking the
extreme importance of exerting themselves to obtain
additional subscriptions. Your committee having been
able to form a tolerable estimate of the cost of working
the association in this district, recommend that its
operation should be extended so as to include the rest of
the Arcladeacons of Liverpool, provided the subscriptions
obtained from that quarter, was adequate to the extra
services required. They believe that such extension
would eneble the whole archdcacoury to be worked more
.economical y than if two separate associations were to be
,established for the purpose."
. .

Mr. ',Justice Wightman,, Mr. justice Crompton, and
Mr. justice Hill severally delivered their judgments at
considerable length, and all concurred-in the same opinion,
that the verdict was right, and ought net to be disturbed.
Rule discharged.

ELONDON MECHANICS• INSTITUTION.—iiis Grace the
Duke of Bedford has forwarded one hundred pounds to
Messrs. Ransom's for the donation fund of this institu-
tion, to purchase the lease.
THE RBI,. C. H. SPITAGiON.—We understand that a
letter has been received from Mr. Spurgeon intimating
that he has consented to preach in Edinburgh on the 22nd
and 23rd February. The Music Hall has been secured,
and all the arrangements will be speedily announced,—
Scotsman.

A Naples correspondent says that the representations
by Ristori are thinly attended. "In addition," he ob-
serves, "to the many topics now occupying he public
mind, and the general anxiety and trouble, the celebrated
tragedienne has against her the party of Sadowski, her
rival, who, living at Naples, is supported out of local
pride."
THE TRACT SOCIETY FLOURISHING.—The organ of
the American Tract Society desires the church to hear
and know that the receipts of the society have been seven
thousand dollars more in 1858 than in the corresponding
months of 1857. That's refreshing for thirsty souls on
the salary list, and perhaps the same authority will let
the church " hear and know " what becomes of all the
money. Is that asking too much ?—.llrew York Herald.
INTERMARRIAGE OF THE ROTHSCHILDS.—The marriage
of Gustave de Rothschild, with a comparatively dowerless
damsel, Mlle. Auspach (of his own people), has been a
new precedent in the Crcesus family, Hitherto they only
wed strictly within the degrees of consanguinity. Roths-
child, of Frankfort, married his cousin ; James Roths-
child, of Paris, married Miss Solomon Rothschild ;
Anthony Rothschild, ditto, married his cousin ; Nathaniel
Rothschild did likewise ; Lionel Rothschild, of London,
married the daughter of Anselm de Rothschild, of
Naples ; Alphonse de Rothschild, of Paris, married a
daughter of Lionel, of London.
THE INTERNATIONAL SLAVE TRADE. —We have no
intention of concealing our satisfaction at the rapidly
increasing importance of the commerce in blacks between
Missouri and the South. There is no true friend of the
State who will not be gratified by the fact that the slaves
of Missouri are rapidly finding purchasers who take them
out of the State and leave in their stead thousands of gold
dollars, enabling their former owners to pay for the
labour of white men in tilling the ground and raising the
rich crops which our farms are capable of producing
under labour intelligently directed. The South is doing
a good work for Missouri. We have to record the de-
parture of another lot of negroes from our midst. The
steamer Ryland brought 29 adults and children, male
and female. They were the property of Mr. Tom Smith.
of Independence, and bought at an average of $l,OOO a-
head, as a speculation, by Mr. Gwin, of Vicksburgh,
Mississipi. Mr. Gwin says that six or seven of these are
• amongst the finest negroes he ever saw, and cost him
$1,200 cache—Missouri Democrat, Jan. 6.

Mr. P. Hunter,' treasurer, read the financial state-
ment. It showed that the expenditure for the year had
been £3BO, which exceeded the income by £5 135.,
leasing that sum due to the treasurer. The principal
items of income were as follows :—Subscriptions, £49 ;
donations, £9B ; sales by Thomas Clarke, hawker
in the north district, £196 ; sales by F. Hunlow
and S. Greer, in the south distriet, £l6 ; sales at the
repository, 113. The principal items of expenditure
were £79 for salaries and commission to kawkers,
£241 for books and prints, £25 for paper, printing,
postages, and advertising, and £l6 for hawkers'
licenses. In addition to the balances due to the
treasurer, £42 was owin., for books, which made a total
of £47. Against this was placed the value of the
stock of books in hand, which (including a donation
of £5 worth from the Religious Tract Society) was
£lO6, being £5B more than the society's debt. A
total of 4,140 sales, included 335 church services, 136
bibles, 266 prayer books, 3,101 books, and 302 prints.
Mr. Higgins proposed that the report be adopted,
which was seconded by the Rev. F. Harke, and carried
unanimously.

Mr. .T. Rounthwaite proposed the second resolution,
which expressed the necessity for extending the sphere of
the association, so as to embrace the whole archdeaconry
of Liverpool, when the necessary arrangements should
have been made, and funds obtained.

Rev. Mr. Livingstone seconded the resolution, which
was carried unanimously.

The Managing Comniittee were re-appointed for the
present year, on the motion of the Rev. John Whitby.
Rev, Mr. Stewart proposed a resolution calling upon
the clergy of the several districts and friends of the
society to use their best exertions to procure subscriptions
for the society. .

Mr. Hunter, treasurer, seconded the resolution, which
was also carried. _

11, 410 J JV
The proceedings closed with a vote of thanks to the
chairman.

WESTMINSTER ABBEY..—It iS stated that the minor
canonry of Westminster Abbey, vacant by the death of
Dr. Waters, is to be filled up by the appointment of the
Rev. S. Flood Jones, M.A., incumbent of St. Matthew's,
Spring-gardens.
The longest military march on record has been accom-
plished by the 3rd Troop of Horse Artillery, which left
Scinde in December, 1857, and is believed to be still
marching, having traversed about 2,500 miles in the
interior.—Letter from Bombay.
FASHIONABLE EXTRAVAGANCE IN PARIS.--The habits
of display, and the lavish expenditure required by ladies
the notions of what is requisite for an "establishment,,,
i
s t a
institution
ithinent,"
ution of
L
have become so colossal, that bridegrooms have been
a2aromreetdt,esand
ahsa vbeecbomeceomfom
become scarce.
cause an inevitable. The
social evil. To discourage extravagance ought, in self-
defence, be the task of the gentler sex.
give
eF TaHnyE EmAoßreLfaovpoußripbol N.—We regret to be
unablel:teoTnifgerable peer. Some of favourable report of the state
wofethisHEALTH
e
we believe, better on Wednesday, but, unfortunately,
loarsdsthoipaff'sosr7grpotoumnds
they were not so decidedly improved
of hope that life will be much prolonged. Lord Goderich,
with whose grateful anxiety his constituents will sympa-
thise, is in constant
Putney Heath.-- attendance on his noble parent at
Leeds Mercury.

LIVERPOOL POLICE INTELLIGENCE.

BEFORE MR. MANSFIELD.

STRANGE CA SE. —A " WILD" HUSBAND.—PhiIip
Oates, a very untameable-looking specimen of the genus
Aomo (query, wild oates ?), was placed in the dock, on a.
charge for having made a certain and solemn promise to
provide for his wife Mary, by "doing for her." Now, it
is quite right that all well-regulated husbands and wives
should "do for each other ;" but, still, the sort
of " doing" promised by Mr. Philip Oates, for his wife
Mary, was another thing altogether, as hereafter fully
fairly and openly appeareth. One would have supposed
that Mr. Philip Oates, in " doing" for his wife, had
promised to provide her with meat, drink, and clothes,
and all other necessaries, including medical comforts
when required. This sort of " doing for her," however,
in the mind of Mr. Philip Oates, would have involved
him in some expense —to wit, the baker and butcher's
bill, dress-maker's and apothecaries accounts, and,
probably, a draper might drop in with a " little bill,"
for cotton gowns, and a trifle of silks ; and very likely
the milliner would call on a Saturday evening for the
pric • e of a "last new out Eugene," and theboot maker might
be expected, like a second Paul Pry, hoping he did not
intrude, with a docket for a pair of " patents." This.
sort of " doing for," although legitimate and fair, never
entered the head of Philip Oates, Esq.—not a bit of it..
No, Mr. Oates conceived a shorter way of arranging all
these little affairs at one fell swoop—by knocking the
brains out of his aforesaid wife. And, certainly, it must
be admitted, that had he succeeded, in would have "done
for her" very effectively. Mrs. Oates, not liking this
sort of "doing" way, consulted the attorney—Mr. John.
Cobb, and -Mr. John Cobb consulted Mr. John
Smith Mansfield, our local stipendiary magistrate,
and Mr. Mansfield consulted the law, and the law came
to the conclusion that Mr. Philip Oates should not be
allowed to "do " for his beloved wife Mary after any
such fashion. And, moreover, the law did more than
that; it issued an oblong piece of paper, called a warrant,
and that very silent monitor, by the assistance of a gen-
tleman with cabalistic figures on the collar of his coat,
nearly approaching to the lower part of his ears, placed
Mr. Oates in front of Mr. Mansfield—to wit, in the dock,
on the above interesting char,e of " doing for his
darling- Mary !" Mr. Philip Oates was about the
"wildest sort of Oats," or of any other kind of
corn, that ever stood before - Mr. Mansfield ; but at
present a description of his tout ensemble is altogether
beyond our time (not our poWer of portraiture). Mr.
Cobb appeared for the prosecution, and Mr. Snowball
for the " Wild Oates." It seemed from the evidence,
and other circumstances in the case, that Mrs. Oates is a
cow-keeper, in Lower Parliament-street. Mr. Oates was
formerly a carpenter, and the parties got married— the cow-
keeper and the carpenter. The latter, however, soon began
to beat the cow-keeper, and when he could not catch the
latter, he vented his pugnacious qualities on some one,
for he killed the cows, by stabbing them with

a " pitchfork." Whenever he could lay hands
on his "darling Mary," he made " regular slaughter-
ation" on her. He was no less than eight times in jail
for different periods for attempts on her life. He was
tried for attempting to murder her, and was sentenced to
four years' yenal servitude. She, however, had so strong
an affection for him, that by very great exertions and
considerable interest, she succeeded in getting him off
for two years. When he came out, the first thing lie did
was to nearly murder poor Mary again, and for this he
was sentenced to nine months' imprisonment.
During this period of his imprisonment, Mr.
Cobb applied to the Divorce Court, in London,
and obtained a judgment separation. On Wed-
nesday last the fellow came out of jail, and the

first uselhe again made of his liberty was to go to the place
in Lower Parliament-street, and threaten to kill his wife
at once, and, as was stated, he would probably have done
so, had he not been arrested. These were the facts, and
Mr.f Cobb said, of all the ruffians he had ever heard of,
the prisoner was the greatest ; and if His Worship did
not adopt the most stringent measures in his power, there
was no doubt he would murder the woman. Mrs. Oates
swore that she was afraid the fellow would murder her,
if he were allowed out now. The prisoner was remanded
for the present, in order to consider what was best to be-
done in his case, as Mr. Mansfield said, from his
knowledge of the prisoner, he feared he would kill
his wife.
PUBLICANS' AND BEERSELLERS' OASES..:

BEFORE MESSRS. SMITH AND HOUGHTON

Nathan Caunce, publican, of Maddox-street, was sum-
moned on six informations, charging him with selling
spirits, &c., to six girls under the ages of fourteen.
The case was before the court last week,
and it will be remembered that the defendant
was charged for, and convicted of, selling rum
to girls under fourteen years of age. On that occasion,
further informations were granted against him on the
six charges, and he was brought up on them yesterday.
Mr. Chilton appeared for the defendant, and aftei, hear-
ing the evidence of some of the girls, who alleged` that
the defendant served them with rum until they were
drunk, their Worships fined the defendant £1 and costs,
the other cases being withdrawn.

—hi Given, beerhouse keeper, was
charged for doing business on last Sunday. Fined 10s.
and costs.

Charles M'Nally, beerhouse keeper, Hilton-street
charged for selling beer on Sunday morning last
Dismissed.

Mary Ellen Mercer, beerhouse keeper, Atkinson.
street, was charged for selling ale at prohibited hours.
Fined ss.

James Leighton, Peter-street, was charged for Sunday
trading. Dismissed.

charged for_selling ale on Sunday', ai ill(

gal hours. Fined

£2 ths. and costs.

Martha Jones, Hill-street, Park, was charged for doing
business at illegal hours. Fined ss.