Northern Times.
Liverpool, Merseyside, England, 1859-04-06 00:00:00

HEALTH COMMITTEE.

It was stated, in the proceedings of this committee, that Dr.
Baylis submitted tables of mortality for Birkenhead and Claughton
during 1858, and explained the principles on which they were
compiled.
it was resolved that the best thanks of the committee be offered
to Dr. Baylis for his able compilation, and for the great attention
which he devoted to the sanatory improvements of Birkenhead.
There was also a minute on the proceedings calling attention to a
nuisance in Palm-grove, and a memorial in reference thereto.
In reference to this matter, Mr. Golbourne Lid it had been a
difficulty for two years past.
Mr. Bradley said the matter had been before the board very
often, but had always been referred to committee, and now the
nuisances of Claughton has become intolerable.. A difficulty
existed, and that was, the people of Oxton would not meet the
commissioners in the formation of proper sewers. He was in a
position to say that the entire matter would not cost over £75, and
that there were other parties who were willing to pay £45; so that
it remained with the commissioners to say whether they would
allow this state of mattdrs to exist any longer, when they would be
only called upon to expend £3O.
A lengthened discussion took place, during which a motion was
made to the effect that the work should be done immediately.
An amendment was moved ; but as it was necessary to give notice
of any special motion or resolution, not arising out of the proceed-
ings, it was moved that it be deferred till the next meeting.
Br. Baylis, speaking of the amendment, made reference to the
state of mortality as follows :—For all England, taking town and
country together, from 1845 to 1855, the deaths were twenty-two
in the thousand ; for all Cheshire, twenty-three in the thousand,
and for Lancashire, twenty-eight in the thousand ; and now we
come to compare Birkenhead—which showed twenty-five to the
thousand—with Liverpool, which is immediately on the other side
of the river, and in which were thirty-one to the thousand. This
comparison is a very favourable one to Birkenhead, because it
shows that it is one of the healthiest towns in the district
He madereference to small pox having been prevalent during the,
the last ten years, and it was a remarkable fact that not one case
had occured in streets that were wide and properly paved. The
deaths from consumption in Liverpool was one-tenth of the whole,
and in Birkenhead they were one-eighth.
Some further conversation took place on the subject of the exist-
ing nuisance, when
The Chairman suggested that the best mode of dealing with the
matter, would be for the committee to report on the matter to the
board as soon as praqicable, as to the best means of getting rid of it.
This suggestion was adopted.
FINANCE COMMITTEE.

The proceedings of this committee contained a resolution to the
effect that " the law-clerk be instructed to commence and follow
up as closely as possible such proceedings in the Court of Queen's
Bench as he may be advised, for enforcing payment from the
Mersey Docks and Harbour Board of the rates due.
The proceedings were confirmed unanimously.
FERRY COMMITTEE.
_

The proceedings of this committee contained a resolution, that
the manager should write to the Mersey Docks and Harbour Board
with reference to accommodation at the Landing-stage at each side
of the river, for steam-boats, constructed on the American princi-
ple, to carry carts, horses, &c., the committee having the subject of
such boats under their consideration.

Mr. Harrison said, in reference to this letter, the ferry committee
had some plans under their consideration for the adoption of a bet-
ter class of boats when new ones were required. A new landing-
stage on that side of the water would soon be contracted for, and
the committee thought it better to bring the matter forward now, so
that there might be no excuse or blame hereafter, when the subject
would be considered by the board. He had given great
consideration to the matter, but he did not wish to
press his opinions on others. He would let every gentleman
judge for himself. He had brought a model before the ferry com-
mittee, and he hoped that next month, or the following month,
when the committee would have more maturely considered the
subject, they would be able to bring before the board a fuller and
better report, with models of steam-boats.

Mr. Ric said they would need two classes of steam-boats one
for the passenger, and another for the heavy traffic.
Mr. Baylis said, whatever might b..! determined upon, the ferry
committee had shown themselves equal to their duties, and they
deserved much credit in being the first to introduce this matter to
the Mersey Docks and Harbour Board.
The Chairman said the ferry committee were quite right in
bringing this matter forward now. A little expense
would adapt their present stage to the system proposed.
He hoped the Mersey Board would meet them in a fair spirit, as
the property of the Mersey Board on that side of the water could
not be properly developed unless they had the co-operation of that
board of commissioners. (Hear, hear.) If this plan was properly
carried out, the difficulties that had hitherto been suggested for
carrying the traffic across, and making that place a place of export
as well as import, would en vanish. Personally, at this time, he
found it convenient to bring carts across loaded, rather than run
the risk of damaging property. If this plan was carried out, it
would so connect the two sides of the water that they should hear
very little of the difficulty of doing business on that side.

FERRY RECEIPTS.

The following is a statement of the Ferry receipts for March :
1859 £2,029 Ss 10d; for the same period in 1858, £2.003 14s to ;
receipts from :14Itt April to 31st March, 1859, £27,522 2s 5d ; for
the same period last year, £28,693 lOs lid ; expenditure and rent
during same periods-1859, £21,028 3s 10d ; 1858, £20,554 13s Id.
The proceedings were confirmed.
The proceedings of the gas and water committee were read and
confirmed. LIBRARY COMMITTEE.
It was stated in the proceedings of this committee that the
number of books now in the library was 5,218.
The proceedings were confirmed without comment.
The Parliamentary proceedings were read and confirmed.
A memorial was read, asking the board to take steps for the
obtaining a charter for the incorporation of the town.
The Chairman said this might be an advantage to the town, but
the gentlemen should bear in mind that it would cost some seven or
eight hundred pounds at least. There were many advantages that li
could be obtained, which might be for the board to consider, and
the town also. He suggested that a committee should be formed to
take the matter into consideration, and report to the board. It
would be necessary before the charter could be obtained, to have
the names of the majority of the ratepayers in number and value.
The committee, after considering the matter, could recommend to
the board as to whether the board should take this step.
Mr. Baylis said it was a more important thing than many of these
gentlemen were aware of. He thought the suggestion of the chair-
man was very good, and he would move that a committee be
appointed for the purpose of taking the matter into consideration,
consisting of the Chairman, Messrs. Bell, Harris, M'W hitter, and
Baylis.
At the suggestion of the Chairman, Mr. Rae was added to the
committee.
Mr. Rae asked the late clerk if bringing forward such a matter
at present before the government, in the passing of any municipal
reform act, would not be a favourable opportunity, and they would
not obtain their object at a less cost than otherwise.
The Clerk replied to the question in the negative.
Mr. Harrison said, it would be a great benefit to the town if such
a thing was obtained, especially in putting down any disturbance,
and in the proper division of the town. Also, they could obtain
possession of the buri d board at a much less expense.
The motion was seconded and carried.
A letter was read from Mr. Barnett, chief of the police force,
requesting an increase of salary. Some of the commissioners
made some very complimentary remarks as regarded the efficiency
of Mr. Barnett as an officer. It was agreed to take the matter into
favourable consideration.
Mr. Gough then said he wished to put a question to Mr. Wain
as to whether two members present—Mr. Golbourne and Mr.
Bradley were qualified to hold a seat at the board as com-
missioners. He found that Mr. Golbourne was the occupier of a
house at £32 a-year, and he wanted to know if that would qualify
him to hold his seat there. He had also, in addition to that, a
beneficial interest in the shape of coal yards. Mr. Bradley had a
considerable beneficial interest also.
The Clerk said that it was necessary to be a ratepayer on £35.
If his opinion was asked, he would say that Mr. Golbourne was
not qualified by paying 02 or £33.
Mr. Bell wished to interpose, when
The Chairman said it was for the board to say what should be
done in the matter, and not ask the law clerk his opinion ; there
was a proper tribunal to decide such a question, and not the
opinion of the clerk.
Mr. Bell said that Mr. Gough had no right to ask such a question
from the law clerk. It was not for them to decide on that ques-
tion, and it was very disagreeable to be asked such a question
at all.

Mr. Cook took quite an opposite view from Mr. Bell, and thought
it was most necessary to know who were duly qualified and who
were not. If such a question as that was to be passed by without
discussion they had better all resign their seats at once, and let any
person take them.
The Chairman thought, that notice should have been given by
Mr. Gough, and was under the impression that Mr. Gough said he
would give notice at that meeting, of the motions that were to be
brought forward by him.
Mr. Gough said, that it was not in reference to that question.
The Chairman said, he did not think that it was fair to ask the
law clerk a question on the matter without giving him three days
notice at least, and he was sure that he would then give an expla-
nation. It was not fair to ask him to answer the
questions on the spur of the moment. If Mr. Mr. Gough wished to
go any further in the matter, he could give notice then, and call a
special meeting for the consideration of the question, if he would
not wait till the next meeting.
Mr. Cook said it was an open question, and required no notice.
=Mr. Gough : The Chairman says that the board has not po xer to
decide such a question; if I were the chairman, I would not sit at
the head of such a board.
The discussion then dropped, and the proceedings terminated.

THE ELECTION OF OVERSEER. —The polling at St.
Nicholas's Church, for an overseer of the parish, was con-
tinued yesterday. The result of the day's poll was largely
in favour of Mr. Scott, but the gross poll is still in favour of
Mr. Whitty. It will be seen that Mr. Whitty is largely in
advance of his opponents, so far as the number of persons is
concerned, but in votes he is not so many. The voting, yes
terday, was as follows :

For Mr. Scott ...
„ Mr. Whitty .
„ Mr. Denton .

Persons. Votes.
.. 497 1,225
.. 664 1,058
.. 60 143

Majority of votes for Scott 167
„ persons for Whitty
GROSS POLL.

For Mr. Whitty .
„ Mr. Scott ...
„ Mr. Denton .

Persons. Votes.
.. 994
.. 526 1,294
88 230

Majority for Mr. Whitty.. 468 persons and 331 votes.
TO THE EDITOR OF THE NORTHERN TI3IES.
" Sir —lt is only justice to myself to state that I have,
from the first, expressed my desire that my name should not
be placed before the public as a candidate for the office of
overseer for the parish of Liverpool ; also, that my name was
virtually withdrawn early this morning. I am, sir, yours
respectfully, " J-As, DENTON.
sth April, 1859."

A girl, wh°°
LIVERPOOL POBLEFICOREEIMNRT.EuLA.NLsIFGIEELND.CE.—YrsTrItDA
How BRIDGET GRIFFITHS GOT THREE MON•THS--ea.
appearance
name was given as Bridget Griffiths, whose physi
wßooyudld,
4mo3a,kwe
haopsearifdeesthme owdasel fora sculptor,
e to Pilt
flinging " gutter " at every one who passed. He endeavouredwok _
her itirtS
her away, when she "slushed" him, and then he se,„
custody. The girl complained that she was "slashed
persons, and the appearance of her clothes told, Pi."'
th pulveriseds
that she had claimed a closer acquaintance wi
a than ni°'
stone and water, vulgarly . called " gutter,
hi ordered her to
persons are in the habit of desiring. His Wors P a e
be imprisoned for fourteen days, when she said " its put her
0) -
field :
for you to send me for fourteen days." t
hc he a; geevdt by ollgcher
and I send you now to jail for three months.
kin fellow',
BREAKING BlBS.—John Morley, a rough 100 g
- names
young woman 9
back here. He then said, you have bean gMuiritMy of great indecenwocY?
charged with breaking a rib in the side of a y days ago 1,
Anne Jennings. It appeared that a
brother and sister of the prisoner werfeew
for picking pockets, and that the prisoner accused
denied halal
of having given information to the police, but the Pris"eA.
of her rih'' he
knocked her down, kicked her, and broke on ,_e, near t_t
done so, as she knew nothing of the affair, when .
medical man proved that one of her ribs was broken
for trial.Wm•d SUttCod
FRIGHTFUL OUTRAGE.—Three ruffians, name-
spine, and it was rather a dangerous case. The prisoner Ica' 5"
thieves), were brought up by officer Sumptor, 804, 0 g n
cab driver, Thomas Crawford, and Frederick Benee;i(tdkres folio cribe
• the nw oall
serious charge. He said, about half-past one in ,be saw a .tit
heard cries in Chatham-street, and on going forwar,..... ge, t
StehnetColllf°prlaitristi
down in the channel, and several persons kicking IlTie others g,°.
some assistance, arrested the prisoners, but
looking „erso
away. From the evidence of two respectable 1 rot
named Gilbert and Bar, it appeared that the
hid Judeer
is named John Walsh. a watchmaker, living at
three this
place, and that he, the witnesses, andscree
and
persons, were going home, near the corner of Chesn
Ch.atham-street, when they were set upon by the ?gni...Lie'? 5
ners
other people. They defended themselves, when one 0, 7a`• nocle7
whistled, and several other persons came. Walsud had his 10
down and kicked terribly in the head and body,
h annfiroarY• to
broken: he is in a serious state now at the Royal I one
reply to Mr. Mansfield, the witnesses said there attacked d thet39
p
make an attemt at the arties
His Worship said it was aby
gross outrage, and re be •
ager
prisoners until the result of the injuries on Walsh eau
tained. coach'
ROBBING A POLICEMAN.—WiIIiam Hemer, describefias :police;
man, was charged on suspicion of having stolen $ll
arms lodieZ
man named Parkinson, 749. It appeared that the Pd
in a house in Sussex-street, and the policeman „d was lie
in his box. The prisoner was a very drunken fellow, n, On e
away from the lodging on Saturday week for that clean, to
following Thursday he went to the room of the Peliceta. open' arier
'
away some things, and it seemed the officer's box „o oth,
in the evening the money was missed out of it ; there was ando°,-
person in the room in the meantime. The prisoner waseharge4ott
THE £l5O ROBBERY.—George Beasley, the person d, of Pose
suspicion of having stolen £l5O from Joseph Bair:ol4 this f oti
Crosby, was brought up on remand. The full details a_er, and
appeared a few days ago. Mr. Block was for the Pris._.°ll,s fear,_;,7t,
cross-examination of the prosecutor, he put the latter le
_we
state of excitement, so much so, that he shouted like---dret,t"seis
know what. The prosecutor admitted that he Ira-sailed
swore positively that the prisoner, and some one e
Savage," stole his money in the Queen's Arms public-aothia else
stuck to this swearing, although Mr. Black could get ri and tiye
out of him. Mr. Block founded an argument on this' said
being no account whatever of the money, his Nv,,„k, and dis
could not depend on a man who was so utterly af`--
charged the prisoner. ebniggi
An r, - •
MY WIFE AND My NOSE. John Woods, a ship scralos
John Bannon, a "brother chip," with nearly knocking t'ettasa7ia
The complainant presented a fearful appearance. Thl face ha ply
that nearly deprived him of the prominent organ on dressed l'Yost
taken place a'short time before, the nose was not up, -o'4o,
medical person, and it half hung down over the Inat,"„t half oe
his face was covered with blood. He: stated that a the lett
hour before that time the prisoner gave him a blow Ttistronyr•
with a "ship's scraper," a sharp three-cornered iron ;seis. oe
which, as its name imports, is used for scraPing hira
Mansfield asked him why the prisoner had struck tope if at
replied that the previous night they had been drinkil hose the
and when he got sober (for he was drunk), he fon° „cafe Aith
home, and the prisoner with his wife in a room. Ile %ecl o?' as
prisoner about his improper conduct, but all then P.°2„. agrap!,,,at
some " jarring." They went drinking in the morfiniloportrod
as the complainant alleged, when the prisoner got 'and i°loe,
he went away, and he (complainant) went after hini, took P
him going to his wife again. Some further altercation inter.l,
when the prisoner hit him on the nose with the scraPf,t,:4 r
the wound as described. His Worship ordered the iii"-„-rooa
be sent to some of the hospitals, and remanded the e rat
10 113
this day. Me Af?' .r 1 ' •
PAT DOLAN, AND PAT DOLAN'S AUNT.—A young - Ong
b)
Dolan, who occupies quarters in Bent-street, was charas'o. assau.',"
Dolan, his aunt, who lives in the same street, with lie
at the to
her. Mr. Block was for the defence. It appeared th.l.ael. sofel,
ner went to his aunt's house, to enquire about some int°, tigheold
have been received by complainant's husband, and thdis fall ° fete
lowed. Pokers, tongs, kettles of hot water, and bucke t 5e to
ditto, were used in the conflict. The complainant g°d £s,°t
beating in the row, and for this " Master Pat" was fine
months' country lodgings at Walton.
BEFORE MESSRS. TOBIN AND 0S
THE LADY WITH THREE HUSBANDS AND THE ffil-A•
°rite or
WlVES.—Thomas Whelan, described as a wealthy 1180.60;0P
dealer, in Shaw's-brow. was charged by his wife Witt.% hors,Catri°
taken her for a horse, and having beaten her vrittccorrelOr'
The lady told her story, and it appeared that she hau,„•
her own tale, when she married her liege lord, ‘,leavirit' oa
full and plenty of everything, and lashings an"•ture, °DOI
money into the bargain. She had heaps of fine furl!' The oia
Monday week he beat her with a horsevitl,P' lady gift
portion of the story was corroborated, and
all she wanted was her furniture, and she Ton )0'
Mr. Thomas Whelan everlasting liberty. Before Mrinto asgbenry
accept of such a desirable inheritance he wishe-
the feted
Whelan " two or three simple kesthins" (questions),,,t was "e anF
even granted him that " liberty," in addition to 'wet. pattiiiita;l
by his loving spouse. Mr. Tom, however, in Pia.° ° Vct a
interrogatories to his wife, commenced a neat set _Dto
Mr. Chairman - and-=gentlemen---:n nr-it Pleafffehii:d
Highness—(laughter)—l am that there woman's —lloY3'nowe,"
and that there woman is my second wife !" Their rical .-bart-
nesses came to the conclusion of stopping the orotete taqbelaii„
of Mr. Whelan, and asked him had he anything to sa) firs sad
of horsewhipping the lady ? After a long interlude, she.'ershir,
said, if she got her furniture, she would be satisfied' fits „%"ela
Mr. Tobin a list of the " articles" that she required• mr• airles•
read it out as follows :—Three feather beds, em aP a 101
Only two ; I admit two. Mr. Tobin : Will end give , SP
Mr. Tobin : One chest of drawers. Deant : Volter.)
have that; there is nothing in the drawers. (L. antibat - ,"
Tobin : One sofa.. Whelan : -No, no, no ; I'll not give „,t
may hang me as high as Gilderoy, but that sofa d°;ofa',
inch out of where it is. A person once sat on that wael!iiitiF
Whelan : Oh, you thief ! Mr. Tobin : Five tables' 4 d
her have three of them • that's as much as she can °real "eta'''.
sovereigns a'though she did steal sixty golden,— erre llieee
from me the other day. Mr. Tobin : ifftheni; $
Whelan : No ; I won't give her more than eight ° Tobin
ae ;11 see ,r
el. •
of then are— Mrs. Whelan: Oh, you thief! randht. hate
looking glasses. Whelan : Let her take them at
darlin every morning in one of them when she 0:1° she onclor'i
Mr. Tobin : Fourteen brass candlesticks. Whelan :_setatotpt aer
them, as they may be wanting at her wake, to light 'Teo •
rico for
if she ever gets there ! Mr. Tobin : Eight chairs. 1/' tab e 'Or sat
have them ; she'll find every one of theni uncorafor _ feof..e to
fi
her. Mrs. Whelan : Oh, you thief! Mr. Tobin : Twubope
°
a set of fire-irons. Whelan : Let her take them ; • 0
get the sort of fire she deserves ! Mrs. Whelan • .
Mr. Tobin : Anything else ? Whelan : Only one toro
perfectly satisfied to live with her. Let her coine2sea, to de'duckey, won't you ? The " duckey " however rel. .00 a
affair ended. pte tett o'4
LIFE IN HOTHAM-STREET.—Fanny Hammond,alit's a 0114 r.
ville, was summoned by Carry Swift for detaining gr.
chain, a mantle, and a violet jacket, value 413d* efeac,,,;proli:,
appeared for the complainant, and Mr. Cobb for tlie„t an 1,700',,e1
Block stated the case, and said the defendant lre„Pt 25, `te,"
house—(Mr. Cobb: Sotto voce—the social evil)--FortinO'oo;ra
street. The complainant was " a fashionable ii!i_erteell,s, C,a.tea
lived at the defendant's house for thirteen or a° to I;,tatner.
Some gentleman (nameless) had taken a great faulie so nor Poe
Swift, and resided with her for some time, and beca„ chain eat
with her that he promised to purchase a watch amuck. eothes,
She told the defendant of this piece of good .i for,o
defendant said—" Oh, I have a watch and chain, an weld
to you." It was then agreed to sell the complainant the_ the d. e
and the " gentleman" gave Swift the money. She gafce'lloir the
elj;t
£5 for the watch and chain, It is needless t° icalccult," •er
throughout, but that some strange revelationed 110
consequence of the production of a certain little .„ ter easel
by the defendant, in reference to her dealings Wi:tae s'„01
and gentlemen. The name of a first-rate fashione,soolr, ',:eada'of
drapery house in Bold-street was mentioned in thed'ate deislotteto
mentioned in the case, both by the complainant an re and of tea,
The latter made no secret of her getting credit the_e!„ders aest?4,-
" paying her account." As it is possible the:e get
will come to a just conclusion as to the 11°°„0- itttli,e 0a
it is presumed that this will be quite enough t° Y'fing
out giving the name—not that we care about gi theiabov
but perhaps the house would not be beneflttele thetitesto,
this is the only reason why we do not name it' w pr°s froOatat
there were strange entries indeed. It shelved h° „,
Hotham-street lived. It did not state their incol.n.it sho'',oo%,e
charges set down by the defendant to their debit,_,, p 0
cwueriekousfodretabilosarrdelatainv
ed
tolodthgien
they (the girls) were charged from two to ",ave 4ater
't al° -sSe°
000
Rose Clarke, Emily Graham, Jane Smith, ..,rfison• t
gte lure s,
Topsy O'Brien, Ellen Parker, Emily Sleet, RIMY - the disS
Lumby, Miss Polly, Miss Pauline Washingtont,,ot
Carry Davis, Christian Kate, gfo;llowinan4g 6
Williams, Little Fanny, Carry Swift (the comPepri:lleseCea:n/as6-01be,
Nelly, Little Polly, Carley Davis, Jenny tiroir!'e .4trfaitr.
Rose Petus, Emma, the Princess Royal Liza,e, aoa...eAteefeia
Polly, April Kate, and some others. There boo' carivi,
the hie Dot
items about certain gentlemen. In lso d a se
department of the book," there were 2, los 6f norli,;00,
entries : - Tea and sugar, wine (to gentlernen,,%, bee !„."), cari tbe
Flanging Hiltotililn, jape pio_ee
spices, pickles, butter, eggs, hara, steaks, nint",°,all itettirs °hal
water, brandy, cards, cab-hire, milk, bread ca,„7, proceescudod 'l".ek
turnips, potatoes, and many other itenas. "`"
-I,„gterdal' ,little
whole affair on the hearing of the case Y-,.-of the tat tr oT
made materials for a four volume book, on. bY boas, iS•
one. It seemed that about the lowest sum• et, the
.e vePtive.
unfortunate female wretches, who fall n the "-to °Loa°
the keepers of such houses as the defendant _„
need arie,at
aboul £4 lOs a week. How it is earned thereran awl ur
or
The termination of this case, which has repealeat the Poeol;3e
of how life in Hotham-street goes on, was, t just pir.- $0
whoastpehitaaol,
who claimed the watch and chain, and who Maas „eicet,
dwchheairens.heShhase dbier nofetr
there was no order made about them.
psreovveer a
tl h
ew ce h. .
mantle or 1,

sioner P
certificateerry.)---In
BANKRUPTCY Couirr, Yesterday.....(Befo._ hi': o._ w.
---...----
re X • - „s
Saturday.
in sitting of the bankrupt, who was a corlic,itif; as%
re WM. 31-•lfinstry: I' ' oierebe,
Liverpool. Mr. Yates, jun., appeared on his b
_LI_ °fie:
Evans,consentedt to an adjournment to suit the convenienne_usgeal
thessizhe solicitor to the assignees, who wal_e_ se tilt,
Assize Court. His Honour adjourned tr._ookraP
In
a broker in Liverpool, to suit to
was also adjourned,
venience of counsel, to the 14th ' tnt fio,t.
THE LIVERPOOL ins a
.r.s. , Two co,
re Thomas Hill: The case of this.°
~e coo
RPFOIA CLUB. ---"1,10-'• i i,,gt 0 i
—The
.usual weekly meeting. for debate. was held ',Taut (ii
mg at the Club-house in Cla t uare the pre',,pifeC
the council y.on-sq ?
_,_.ect,_ then
occupying the chair. The sao.l. " bee° then
Taxation," having ,
adjourned. was
the same as last week,
aged elicit
The discussion last night wasea .
elicl` -
tion ..4
the varions speakers on both sides of the ques biectall
marked a b • h t the sa " 'derv-
ro ation Notwithstanding t a still „ono ..,e
been under discussion. g stw. - rfo..,
two evenings, it '' well CleSe all,
that
cthere was so many points that were ~cbed ar be
onsideration and which had not yet been ,o.atico nest
andrefuted,
so many argments in favour of Indirect 1350 till g
that it was desirable to ad' journ the deba ~,coono
Tuesday, We may add that these discussions are v.
exceedingly popular, and are well supported.

~... ~,

E;,...___ ~......___,..____.._..._..____
X-TRAORDINARY LIBEL.
•TYRER v. M'CLELLAN
priThis was an action for libel, tried yesterday, in the Nisi
jur.,,118 before Mr. Justice Byles and a special
in 'l44h the parties' in the action are well known
. "14 An effort was apparently made to settle
lat'a and the leading counsel on both sides (Mr.
tnea, Q•C Mr.
Wilde, Q 0 )
~ • • / withdrew, and
enturtadted for, sandw minutes. They soon, however, re-
tr tett into court, and the case proceeded. Mr.
b e t opened the pleadings. It was an action brought
ilel-"illiain ItenrY yrer aga. inst David M'Clellan. The
tion stated that, the laintiff being an attorney and
selicith/ the defendant. imputedp to him unlawful conduct,
libela d published of him a foul, scandalous, and malicious.
The defendant pleaded first, that he was not guilty ;
iaillid Seeelld, that the libellous matter complained of was true
substance and in fact.
=fir. Edward James said : May it please your Lordship, It
thinY painful duty to lay before you the details of one of
toe most foul and calumnious libels that it has ever fallen
Tn.. 1 t
0011.'tj O to know to be brought before a jury in this
4 r I have a difficulty in knowing how to charac-
terise that
ther f matter which is for great .
consideration.
I will,
e are endeavour, shortly as I possibly can, to call
yourate' • as
of , ention to the facts upon the distorted statements
died ve.ieh this libel is founded. In the year 1848 there
the24lll the neighbourhood of Liverpool, a gentleman with
highlyaale of Richardson, who had for years carried..on a
town,
spectable business as tailor and draper in this
Plain'tiff° tang ago as nearly eleven. years. Mr.. Tyreere,nthine
tract.' 2 who is an attorney in this town, having b
Ice for now some twenty years' had been employed,
ern the
fessin ~ very earliest commencement of his practice, pro-
th• "nutlY by Mr Richardson. Mr. Tyrer, the plaintiff. in
ts anti •
years His Lordship :
iz,„ oa, so lone. ago as eleven y
eelo,7e,h Years ? Ar.-James : Yes ,• the circumstances to
l), the action refer, arose nearly eleven years
_ag.o.
Whether
the death of Mr. Richardson, applications were made by
Whet°lllle, AIL Robert Richardson, to the plaintiff, to know
th.. r or not he had a will of the father. It is obvious
Was knob an inquiry might be made to a gentleman who
4 aown to have been the legal adviser of the father.
ehiriPriehardson had been married twice. He had several"
by hise grown up to man's estate by his first wife,.. and
1,4 second wife he had three children. Ample provision
484 unquestionably made for the second wife, and for the
You ef that marriage. This was known to the family.e
fax raaY Judge, therefore, whether or not the issue of tll
Irouhrarriage/ with that knowledge upon their minds,
rn,, be anxious to discover whether their father had
42 a will in order that the first offspring might not be in
s
chirp% condition than the widow, and the widow
eren,
.
said that , Upon that enquiry being made, Mr._ Tyrer
prepare he ae had no recellection whatever. of having
that . a will. Mr. Robert Richardson thought Tyreir?°ssibly,
in the multitude of the engagements of Mr.
iotter: sac
a thing might have been overlooked for-
,kor gentl 4e/ therefore, urged upon Mr. Tyrer
.to search
trace f, Y in his office, and see whether such a will, or any
4v,as thae.tanY will, could' be found. He did so, and the result
`aere Tn° will, nor trace of any will, could be discovered
the
re'llowinilat Was upon the 9th January, 1848. U
17he I IPeill' Mr. M'Clellan, the defendant in, thispaocntion,
tanPariv ~,,74e, Was a friend of Mr. Richardson s, called,. in
Z• Tyrer,-Tl,,a gentleman of the name of Thornley, upon
the
minc -11" aauounced that the object of their call was
before, ' as thmat of Mr. Robert Richardson on the day
If‘elellanancici,"'eY pressed upon him—particularly Mr,
trobahair he if he would make further search, in all
Will M dr taight discover something of the kind, because
it''' wi:' h-111 stated that he had seen the draft of a
'''`r• Ty:- he believed to have come fforn the office of
draft r' Rowever, no such will—no traces of any such
Nfr. --se.°llld then or, at any time be found. The funeral of
11th Richardson was fixed, and took place on the
Yon ~,,?! January. Mr. Tyrer, not unnaturally, as
so tfl'gilt suppose, having been the legal adviser for
for, aa„nY years to Mr. Richardson, received, unsought
and -Linvitation to the funeral. He attended the funeral,
tile raeukr the return from the grave in the ordinary. way, ase
ho rest
st 19f the guests departed so likewise heb loft t
carob. 1-t Was there that upon the same day, I +ye in
theiwill; Probably, with Mr.. Robertacrlatiinch Richardson, while
madear as to the
Will, and 4ed together, an enquiry was ,
Alr. lias to what was to be done. They were anxious—
Prete bent Richardson was anxious to do what he could to
4ineetfhialself, and his own whole brothers -those by the
knew her and mother—and 'applied to Mr. Tyrer to
d that
Nvhichwhat course was to be adopted. Headvised
wenid, I believe any attorney under similar circumstances
„,reat "have advised, as a precautionary measure, that a
4,YrerC,Nd be entered in the proper court in Chester.tlNwlars.
euteredeueves that, upon that occasion, before any. caveat
reeeni / another most respectable attorney in this
It was
the same course, and that course was adopted.e
Pape; stated that the widow had been destroying. some
tentl , and it was suggested that she might either math er
had iLer wnilfullY have destroyed the will. With that Mr. Tyrer
liNathnl,:re to do than any one of you gentlemen. It was
Ilrged, tha'at%taternent being made, and those fears being
rilemed Alr. m
llobert 14 -,-yrer, as a professional gentleman, recom-
la,_t course 'to be adopted. I believe that Mr.
turPose Veuardson himself went over to Chester fort the_ eieye_
.J. instructing a proctor there to enter a cavea_ lr
riaceoinn „I, ap not quite sure of the fact - that Mr. Tyre
7, th a -eu him. lt was entered. Upon the following
° e , -e 12th, Mr. Robert Richardson came to Mr. Tyrer'se
frielledsaud stated that, upon the recommendation of some N,...0 believe Mr. M'Clellan, the defendant, among b
obbedi tier, had determined. to withdraw the caveat, and in
~,44eh e dge to the directions received from Mr. Robert
''' wilthrd°ll, -4r. Tyrer there and then wrote to the proctor
Wbeut to Lando the caveat. Upon the same day Mr. Tyrer
w"iattntii-at4444°Tfur Thereh canhbee no mistake upon that pomt.
has documents which
he walilTr that hisun,memory is not defective, that
~.4aY of-1,14 London on the night of the 12th, and the
'alit, wth`te 13th of January, 1848. Gentlemen, it is impor-1
lieAlUdit ,elli the question involves elves the professional persona
-Pon eti,"4 an attorney, to see how things have been done.
and when Ith of January, whilst Mr. Tyrer was in London,
vlitas,. ,eielloplie ~BuPposed that the whole thing, so far as he
tb'' -ii. ille-Ileci, relating to the will, had been set at rest,
she at°tx,lrt Richardson called at the attorney's office, saw
'Rauh' VleY's clerk, and again requested that the. caveat
h"sge 1 rle 1;e-entered because he had changed his mind.
auieenet-;-, in the absence of Mr. Tyrer, without any col:t.i-
'eercrea with him in the due course of business, and itn
the „aace with the instructions of the client, wrote off o
y4ector, to re-enter the caveat and it was re-entered. Mr.
vPilate' fro to
tlie day of the funeral, had no communication
file wvaest witMrs.lt' ichardson, the d; bear that in mind.
eic%itnn„aever at the house• he never saw her; he had no
344 the Zcatioa whatsoever' with her for good or for bad.
h,_`t. It-f,,nlrse of a few days a will, which had been made by
b7rri dTa,rdson in the Isle of Man, from whence he
ILePeretv 'IS second wife, and in which island he settled
Z"ned',111)011 the wife, and the children by the second wife,
'eatb;P; No further proceedings were take
n. The
t-c,,tellinef3rfthr. Richardson—not by Mr. T—yrer, for. he had
r'fth. Cr to do with the matter was withdrawn.
ak• • Ali
oleabl. g Proceeded in the family, I believe, in the most
Aill'"tble' WaY. Mr. Tyrer until last year never heard one
' r j , kore
k. o a R. e su
s upon th 1;
ject. He had been emloed by
int. Robe leYardson, the deceased- he was employed by zadillni,:tew
?It?. -.l4lchardson for years after that time as his legal
ofess_ioenal adviser. He prepared that gentle-
-444 eoutin-
_lt was and had been for some years,
N„,,, er
0, ite6 to the present. moment, the legal
ZVile hent the firm of which John Richardson
bige(l_eueeod; 11,_ e therefore had the full, entire, unbounded
Of taut of a:f
,_4l. those gentlemen.
Mr. A syllable upon the
tleves_e trans,p.uoing connected with Tyrer, in respect
Of 1p I bel,'., ti Ils connected with the will, and the caveat
kr
.'l°verotteve, was breathed by man until in the month
tionJohn ilf:2 1858, almost eleven years after the death of
fonlB 14444 ebardson, and the occurrence of the transac-
rna`est iih'°_lted, there is issued to the
tworld one of the
lie..Y_ ituaf,.;,7_3 :s,vhich ever man publish.vepturedbeoen You
disseminated,
Ine'sfsar rode the extent to which it
not, and
of t'l of kno,a_,al • Tyrer knows
.and can never have
thence libel 'ing. Mr. Tyrer received one of the copies
see to a in an envelope. Others likewise received.
the What very considerable extent, and we will now
the trait are the contents of them by reference to
rue,,Plain —ullas
.of which I have 'le.liscl disclosed to you,
', l'e, I,"rauvoarn!shed facts. The ibeln bears as its
4ilpegal Vill ** is stranger than fiction." Its title is
4 Detective atn : The Story of a Lawyer and a Widow;
eh the" Ishall
fortt ge whole
read tis writer th* not read the doggrel rhymes with
_ inks proper to set ou . t. Mr. James then
/ and is
asol the libel, which was printed in pamphlet
folios
A LAWYER AND A WIDOW.
"'Tomas well enough
When Goodenough •
Before the Peers did preach ;
‘‘ For, sure enough,
It 1, Right
the 1 ~s, alwa were those he had toteach."
g., eg al
profess s been a favourite pastime with the sharks of
4 theon,
'Pr • estate to. fix. their fangs, by fair means or foul,
~, actice/ of a rich man dying intestate ;.
_and this
eens to havel4 especial' to their taste when the widow hap-
°ftell been.
t„,.„ afford the
i';‘,ly their a the the
aYsecond wife, for then circumstances
means of indul still more effec-
,4 few days,Peetite for ' devouring widow'sdescription,
It
upptort of this nefarious descripi
silawril,)e held
' bade.," the foll gpneral detestation and
abhorrence. The
that shall
.14,,,-..ough 0,. „rovfl_ng true statement maylbethceamlleodnthMorf.
ti,:',aeary, is -.1. . Too-bad-for-anything.
4,, scrian whohere departed this life a worth and and wealthy.
n'4 been .' may be designated as Mr. Richenough• He
licl had In the habit of employing many different. attorneys,
Illale freque ti
been lag his .... 11 Y spoken to them and his friends about
ea e his ewill. Re had requested two of the latter to
Paei) ~, xecutors, and they had consented to act in hat
if
allNinted. At the Wile of his, death, and for a

fortnight afterwards, neither they nor the family knew
whether a will had ever been completed or not, and for a
time, therefore, all the parties interested were in a state of
anxious doubt and uncertainty. Immediately on the,death
of his father, the eldest son inquired from all the attorneys
in the locality whom he thought at all likely to have been
entrusted by his father with this important business, whether
they had ever been so employed or not. These inquiries
were made—anxiously made—before the funeral, from a
supposition the family entertained, that most probably the
will might contain some directions respecting the place of
interment, which, of course' they were very desirous to ob-
serve and obey, if any such directions had been given. The
young man then inquired from the two gentlemen, friends
of the family, who, he knew, had consented at his father's
request to act as executors of his last will and testament,
but with the same result as that which had attended all
previous inquiries. They knew nothing further than
that they had been asked, and had consented to dis-
charge that duty, if entrusted with it. As no will
could be found or heard of, it was, therefore, concluded
that none had ever been finally completed. The
story now darkens and deepens, for Mr. Badenough
appears upon the scene. He had, doubtless, heard of the
numerous inquiries that had been made in many quarters
about a will. No application, however, had been made to
him ; and he appears to have thought that it was high time
—as something might be made out of such an estate—to
get his foot over the threshold of this bereaved but united
family. With that view (he could have no other object)
he called at the place of business of the deceased tradesman,
and, to one of the clerks in the establishment, he expressed
his deep regret at the death of his friend and client, Mr.
Richenough. He was a man, he said, for whom he (Mr.
Badenough) entertained the greatest esteem, and he should
like very much to be invited to the funeral, that he might
pay-that last mark of respect to so worthy a man. This
message obtained for him the coveted invitation. Up to
that moment there had not been the remotest intention of
asking him to be present on the mournful occasion. It is
most likely that, in the first instance, his object in fishing
for an invitation was limited to the consideration that the
fact of his being invited to the funeral of Mr. Richenough
- the only lawyer, perhaps, there —would indicate to the
friends and to the executors, if a will should be found, that
he enjoyed the confidence of the deceased and of the sur-
viving family, and might possibly, in consequence, be
employed in winding up the estate. This was, perhaps, all
the mischief he intended at the outset ; but such a man is
always ready to improve upon anything that may appear to
be within his grasp. The reader must know that Mr.
Badenough is one of the obsequious, smiling, smooth-
spoken, plausible, oily personages met with sometimes in
novels and on the stage, but, fortunately, not so often in
real life. To give an illustration of this peculiarity in his
character—when he drives into the town in the morning,
or walks the streets, he keeps constantly a sharp look out
on all sides, that he may not miss any opportunity of
politely bowing to any respectable man whom lie has the
slightest ground for pretending to know. He thus conveys
the impression,- or hopes to do so, that his acquaintance is
almost universal ; that, in fact, he knows, and is known by,
all the men worth knowing. To see him drive into town
with one continued bow from right to left, and left to
right,• a la mandarin of the tea shops, it would naturally
be supposed, by every one not acquainted with the cun-
ning knave,' that he was known to all, esteemed by all,
and in all respects on the best terms with himself and
everybody else. The writer has, to his great annoyance,
been thus cheated out of a nod of recognition about half a
dozen times ; and he has consequently now made it a rule
never to return any bow from any one, without having
first distinctly observed from whom the recognition proceeds.
But, leaving this illustrative digression, let 'the case' proceed.
The facts of the message having been left at the place of
business, and, in consequence thereof, an invitation to attend
the funeral having been sent to Mr. Badenough, came to
the knowledge of the two friends of the family already
alluded to. They thought it was a most extraordinary
course for a professional man to adopt. They are both
tolerably clear-headed men, and in a right cause, against a
wrong-doer, not to be frightened or much puzzled either
with trifles or tricks. They laid their heads together on
this singular message from a lawyer, under such circum-
stances, to a family with whom they knew he had not been
previously on intimate terms. The friends could not under-
stand such conduct, nor guess what could possibly be the
object Badenough had in view. It was just possible they
thought that he might be in possession of a will, and had taken
this strange mode of bringing it to light. They therefore
determined, after a little consultation, to call upon the
lawyer, and ask him distinctly the question, whether or not
he had ever prepared a will for the late Mr. Richenough.
Mr. Badenough received them most blandly. He pretended
to think upon the subject, his head first on one side, then
on the other, with an immediate glance or two at the ceil-
ing. He next brought down a bundle of papers, pretending
to look for a will, or some draft or paper that might possibly
throw some light on the matter. He then called one of his
clerks, and asked him whether he recollected such a will
ever having been prepared in the office. The clerk replied
that no such document had ever been there in his time.
Mr. Badenough then said, ' It appears, 'gentlemen, that I
did not prepare a will, although I think I was spoken to on
the subject by Mr. Richenough. The question, however,
you have asked, clears up a curious circumstance which has
puzzled me not a little, but is now clearly explained. The
family must surely be under the same impression that you
appear to have entertained, for very much to my surprise I
have received an invitation to attend the funeral, which at the
time appeared to me rather extraordinary, as I did not
happen to be on terms of intimacy with Mr. Richenough or
his family.' The eyes of the two friends met for a moment,
with an inexpressible twinkle of intelligence. They wished
to hear no more, but bade Mr. Badenough good morning ;
and the moment they were outside his office one of them
exclaimed to the other, What an unprincipled fellow this
is.' The other said nothing, but shook his head in amaze-
ment. It was clear that Badenough meant mischief of
some sort, and the friends determined to watch his move-
ments closely, in order to foil him if possible. In order to
baulk his intentions, whatever they might be, they. agreed
that on the day of the funeral they would remain at the
house, after returning from the church, until they saw
Badenough safe off the premises. This, however, they
failed to accomplish, as he appeared determined not to move
from the field of his intended operations. After staying till
the morning was advanced, the company departed, one by
one, until there remained of all the guests only the sorrow-
ing Mr. Badenough. The reason why' he stayed will
presently appear. A sense of propriety would have induced
him to take his leave with the other guests, but a pkssion
for business in his line caused him to 'stick like a leech'
to the bereaved family until he had the field to himself, and
the game, as he fondly imagined, in his own hands. But

' There is many a slip between the cup and the lip.'

Early on 'the morning of the next day, one of the friends,
whose suspicions had been strongly excited by what had
occurred, called upon the eldest son to warn him against
asking or taking advice or counsel from the plausible and
insinuating Mr. Badenough. The friend urgently recom-
mended the youth to go over at once to Mr. Goodenough,
one of his late father's attorneys, (and a most respectable
man,) and try to get it arranged that he (the son) should,
jointly with the widow, who would have the pre-
ference, take out letters of administration. The youth,
a well-meaning young man, but knowing nothing
of law, and never having, till then, come into contact with
any of Badenough species, had fallen for a moment into
the toils of the unscrupulous schemer. The s2n said,
' Perhaps it is too late now to take that course. Too
late. !' exclaimed the friend, how can that be ? The
funeral was only yesterday. Nothing surely can yet have
been done in the matter by any body ?" Yes, there has,'
he said. What, in the name of goodness or mischief, has
been done ?' rejoined the friend. Why, you see, Bad-
enough remained until all the friends had left ; he made no
sign of going, and we did not like to tell him to go, and so
he joined us in making a regular search through the house,
in every likely and unlikely place, to find, if possible, my
father's will. We did not succeed, and then Badenough
walked into town with me. On the way he advised me, as
there appeared to be no will, that, under all the circum-
stances, the best thing I could do now was to go to Chester
without delay, and enter a caveat against my mother
having letters of administration granted to her, and, acting
under this advice—supposingu it to be the usual and correct
course to adopt when thereis no •will—we went together
yesterday afternoon, and I did as Badenough recommended
me to do.' The friend was thunderstruck at such down-
right knavery in a professional man, and spoke with a
vehemence and earnestness that immediately induced, or
rather forced, the young man out of such a false and in all
respects such a terrible position. Go across to Good-
enough,' the friend almost commanded, ' instantly ; tell
him of this outrageous proceeding, and follow the advice he
' gives you. Badenough knows well enough that your
mother will obtain letters of administration, in spite of all
the opposition you or he can raise, unless you can prove
that she is either insane or of immoral character.' The
young man became frightened at what he had been tempted
to do, and took the friend's advice. He went to Good-
enough, and of course the caveat was immediately
withdrawn, the son going off, post haste, to Chester, for the
purpose. Thus Badenough lost his hold of his first victim,
and it was hoped that here the attempted villany would
have ended. But not so. He had scented prey, and his
next step was still worse than all that had gone before.
Having lost his grasp of the son, he next tried to seize the
mother, not caring who was his tool, so that he could only,
by some means or other, get his paw into the strong box of
the estate. As soon as he heard that the caveat had
been withdrawn, he walked direct up to the widow's house,
and told her what her step-son had done on the very day of
his father's funeral, carefully omitting, however, to inform
her at the same time who had been the son's adviser in the
business. There is a deep blackness about Badenough's
conduct in this affair that none but professional mei4 Can

fully understand. In addition to the fact that a widow has
always a prior claim for letters of administration to her
husband's estate before all other applicants—creditors or
relatives—the lawyer also well knew that, even In the
event of its being necessary to contest a widow's claim, it
is not requisite to throw down the gauntlet on the very
day of the funeral of the husband, seeing that no letters
of administration would be granted to any body in less
than fourteen days after the decease of a person dying
intestate. This Badenough knew right well, and hence
arises the almost inhuman villany of his conduct. None but
the strongest words in the English language can adequately
characterise such infamous behaviour in such mournful
circumstances. Was it not diabolical, fiendish, devilish ?
What milder terms can any man use, or allow to be used
by others, in such a case ? Here is a lawyer forcing his
way by fraud and falsehood into a peaceful, contented, and
united family, and with malice aforethought ' advising
the son, on the very day of his father's funeral, so to act
towards his stepmother that an irreconcileable quarrel
might certainly be established in the family, for no other
object or purpose than that, while the mother and children
were quarrelling and litigating, he might the more suc-
cessfully and effectually transfer a portion of their estate to
himself. If such a incident as this had been given in a
work of fiction, the novelist would have been charged with
gross exaggeration. The readers would, one and all, have
said, such villany is far beyond all human probability ; and
yet it has actually been committed within the last few, years,
and can be established against a solicitor in extensive prac-
tice at this moment in the north of England, beyond all
possibility of 'doubt, denial, or dispute. It is indeed a
melancholy truth that it is impossible to exaggerate
the occasional villany of mankind. Such men in
the legal profession are a disgrace and a scandal
to the whole class, as well- as . a terrible scourge
and pest to society. It is inipossible to foresee or
calculate the amount of evil such characters are able and
willing—nay, most anxious —to commit, if it answers their
purpose, in the existing state of society. The profession,
however, could very soon rid society and themselves of such
brothers-in-law if they as a class had any public spirit.
To drive such practitioners merely from one town to
another, thus allowing them to continue their villany in a
new district, would not be doing to our neighbours as we
would wish them to do unto us. Right and justice will not
be satisfied —society will not be sufficiently protected—until
such men as Badenough arc absolutely prevented doing any
more mischief to mankind—in the highly honourable,
influential and most responsible position of one of her
Majesty's attorneys-at-law.. If he could be driven to the
boards of a minor theatre, his bad character might be
of use to the management, as well as to himself, without
inflicting the slightest injury on any of the audience. When
he played, for instance, the parts of the smooth-faced,
plausible, designing villains of the stage, it might always
then be announced in the bills'of the day, that Mr. So-so
would appear until further notice 'in his original character.'
Thus the play-bills, even, would speak the truth and
shame the devil ;' Why do members of Law Societies or
Guardian Societies neglect to take up such flagrant eases ?
It is difficult to guess for what public purpose or
object such societies exist, if the members have not
the honesty, the ability, and the courage to deal
rather summarily with such disgraceful and dangerous
personages in the profession as Badenough. If the
lawyers only associate themselves together for the
purpose of increasing. and preserving. the game for liff°itimate
or legal sport, even in that selfish view it would be to their
own narrow interest to protect the manor from the poachers
of the profession ; and unless they do so the public will
have some ground to think that they are ' all birds of one
feather,' and that they, therefore, as far as practicable or
possible, flock and act together. This is not really the fact,
perhaps, but it may be suspected by many who, knowing
the number of rogues on the roll of the profession, hardly
ever hear of one being unrolled. Law Societies have far
more power over an unworthy member of their class than
any constituency has or .can have over an unworthy repre-
sentative ; for they can unrobe or unwig him whenever they
have a good,- that is 'a bad case,' and have courage and
firm determination to bring the delinquent before the
constituted authorities. Let them as a body exercise their
power in all clear cases, and they will deserve and zeceive
the approbation of their own consciences and the thanks of
the whole community. It is, perhaps, necessary or desirable
that it should be stated, in conclusion, that in about a
fortnight after the funeral, the will of Mr. Richenough was
found ; the villainy that had been suggested and attempted
by Badenough vas exposed; the shark being foiled, the
intended mischief was prevented ; and, as a matter of course,
the family continued to be united, remaining in peace and
harmony with each other."

Mr. James, while reading the libel, stopped to comment
upon several passages of it. At one point, he said : Why
does this man, eleven years after these transactions had
taken place, and so many of the friends who knew of the
truth of the facts had gone to their last account, why does
this malignant libeller rake up from the ashes of the past
transactions such as these ? What motive has he ? I will
glance at it. In the year 1846, this gentleman,
being married, separates from his wife. The interests
of the unfortunate lady were entrusted to Mr.
Tyrer. Mr. Tyrer vindicated her rights and privi-
leges against the husband, and succeeded in bringing him
to terms—much, much against his will ; and hence you
have the vindictive feelings of this man, which have led him
on, day by day, week by week, and year by year, to attempt
to ruin Mr. Tyrer in the estimation of his friends and the
public. That is the reason why you have this libel brought
before you this day. When Mr. James had concluded
reading the pamphlet, he said : That, gentlemen, is the
libel. The imputations are of the foulest description. It
is imputed that Mr. Tyrer, for his own vile and sordid pur-
poses, had inhumanly thrust himself upon this grieved and
afflicted family, set them at loggerheads with each
other, solely for the purpose, whilst they were quarrel-
ling, and perhaps litigating, of obtaining the means
of gratifying his own sordid inclinations out of
the estate of the deceased Mr. Richardson---imputations
of so grave a nature that, if true, one holds his hand in
astonishment up to find a man of such public spirit as this
repose upon the fact for eleven long years. It was the duty,
the bounden duty, of Mr. M'Clellan, if he knew that Mr.
Tyrer had been conducting himself in such a way—it was
his bounden duty, as a member of society—it was imperative
upon him as a friend of the family—to have dragged to
daylight the infamous conduct of Mr. Tyrer, and to have
brought that conduct before the tribunals of the country.
Upon that there can be no doubt. Why then did this man
not act so ? Possibly in that box to-day he may himself
tell you. If he does not, you, gentlemen, will know what
estimate to form of him, and of his conduct, who, after
eleven long years of knowledge of such scandalous
and infamous conduct upon the part of a professional
man as ought to have exiled him from society—
then, when the matter is brought forward at last, shelters
himself under the name of "The Detective." He has not the
manliness at the last moment to avow that he who knows
of the fact, as he says, is the man at length, and at this
late period, to drag from his hiding place the individual who
could be guilty of such atrocious conduct. Gentlemen, I
have laid before you the facts relating to this most painful
case. Need I tell you that the professional existence, the
comfort, the welfare of Mr. Tyrer, depend upon the result
of this case ? What must be his feelings, day by day, when
subjected to the taunts and stings of such a malignant
slanderer ? What must be the feelings of his wife ?—the
feelings of his grown-up family? Are they not retorted
upon him? Gentlemen, If, when you have heard the
case, you are satisfied that it is a foul, malicious, calum-
nious slander, prompted by the vindictive feelings of Mr.
M'Clellan, mark by your verdict your sense of his conduct ;
and by that verdict place Mr. Tyrer in the position to point
to that as a full vindication of his character, If Mr.
M'Clellan, who, under the name of " a detective," pours
forth this foul, envenomed slander, does not venture to go
into the witness-box to prove that which is now upon the
record in his own name, and he says is true, mark by
your verdict your sense of indignation at the condnct of so
foul and calumnious a libeller.

Mr. James It. Jeffery examined by Mr. Brett : I am a
magistrate of the Borough of Liverpool, I know the de-
fendant, and believe he is a woollen draper. The defendant
sent me the pamphlet requesting I would read it, and
return it to him as he had only a few struck off. I saw
him subsequently. I spoke to him on the subject of the
pamphlet. I don't remember the conversation pre-
cisely. The substance of it was : He asked me if I had
received such a pamphlet. I said I had. It was in my
place of business that the conversation took place. I was
so conversant with the facts of the case previously by Mr.
Thornley, that it needed no special information. He said
Mr. Badenough was Mr. Tyrer. He admitted himself to be
the writer. Cross-examined by Mr. Wilde : Independent of
anything the defendant told me I knew to whom the pam-
phlet applied. I knew of it at the time of the occurrence.
Mr. Tyrer called on me about a fortnight since. He pro-
duced the pamphlet. He asked me if I had seen the pam-
phlet. I said I had. He asked me if Mr. M'Clellan had
wrote it. I said I had no doubt about it. He asked me
to accompany him to Mr. M'Clellan to see if I could induce
Mr. M'Clellan to acknowledge the authorship. I said that
was unnecessary, as I believed if Mr. M'Clellan was the
author of such a pamphlet be would at once acknowledge it.
He then produced a letter, and read it to me, and said he
would send it. I said he would, no doubt, receive a fair
answer to that letter. He asked me if I had received any
unfavourable impression of him from that pamphlet. I
said I had merely received a pamphlet, and asked him not
to mix me up in it. He said he understood that I spoke
disparagingly of him. I said I was not aware. I said
had received no unfavourable impression from reading that
pamphlet, but I said I had an unfavourable impression of
Mr. Tyrer from a circumstance that happened some ten or
eleven years ago, in the case of a tradesman of this town,
who came to me and told me that Mr. Tyrer kept £lO for
cysts and refused to give lAiru a bill of particulars, Mr,