Northern Times.
Liverpool, Merseyside, England, 1859-08-09 00:00:00

WATER COIVIMITTEE

. ,
..The usual weekly meeting of this committee was. held
yesterday. in the council-room of the Town-hall, Dr.
P
Hodg-
son presiding ; and there were also present Messrs. Crellm,
Vernom Bennett, Jeffery, Ryley, Woodruf4',Mellor, Wag-
staff, and Chilton.- - •
Mr. Duncan's report for the week ending 6th August
showed` the quantity of water in the Rivington reservoir to
be 70,080,046 gallons; pumped., from the wells, 26,691,695
gallons, giving a total of 96,598,152 gallons; quantity in
store, 17,931,609 gallons ;
,used in flushing the sewers,
2,500;000 gallons ; in waterino, streets, 1,544,160. gallons.
The. proportion of Rivington.to well water was as 35 is to
13*. . The rain-fall for. July ;was 2;15 ; for, the -seven. Months
of. 1859 it was 23.63.;. and for the, same period 'last year
19.60; showing for this year an increase over 1858 of 4.13

• Mr. JEFFERY asked if the engineer had taken any means
to check the quantity of water in the reservoirs, as he could
not believe that ninety millions of gallons were used in a
week.

Mr. DuNeAN.--17ndoubtedly.
Mr. JEFFERY said the engineer should investigate, the
matter himself, and; See if there was n6"error in the data.
Mr. DUNCAN said they measured ,the quantity of water
received into the reservoir by the capacity of the reservoir.
Mr. BENkkrr ,said they had, up to January, fort Y-five
millions' of gallons per week at their disposal; and never
more. They were now using more than double that quantity,
while their rental was only increased. £5,000 or £6,000.
Mr. JEFFERY was, not aware that the water was turned
on more frequently at his premises than formerly..

Mr. VrtitioN thought it was a great boon to Liverpool to
have such a large supply of water. He thought the rate of
insurance ought to be reduced, as there could no very great
conflagration take place. • -
After some further observations,

Mr. ItyLiY said they found, on Monday last, that there
were 14,000,000 gallons drawn from* the' reservoirs more
than was accounted for, and he boped the engineer was
prepared to, give an explanation with reference to it.
Mr. DUNCAN replied that he was not able to say, but that
he would be able to ascertain, after some time, the' amount
of evaporation and absorptionAhat had taken place. • There
was a considerable difficulty in measuring the water cor-
rectly, as an inch would make a vast difference. ' '

Mr. RYLEY said evaporation
,was absurd to account for
14,000,000 gallonS.
' Mr. DUNCAN said there was absorption' besides.
Several' members eiptessed their opinions on the subjc't,
said ;

, Mr. RYLEY moved, That the engineer besqiestod to
take into'
.cOnsideration the apparent disappearance of
14,600,000'gallonS, and report to the committee."
VERNON said 'he wished to say that since he had
been a 'number of the Water Committee he had always
seen a disposition on the pail 'of the ,members of that com-
mittee to expect fiOni the engiiieer what no man could ac-
complish. It was well known that during the hot weather
evaporation iyolad, take place,, and, impounded water would'
diminish. The "very reservoirs in which the "water was con-
tained were Porous, and constanly escaping. He said 'it
would be impossible for Mr. Duncan or any human being to
calculate how the water disappeared.
Mr. RYLEY said; the legitimate means of egress were all
known, but if Mr. Duncan could not say how' it had 4isap;
peared there was an end. of the matter.
Mr. DurreAN'Said he would give all the information that
he.or anybody, else could give. ' ' "
The matter ended, and the board separated after attend-
ing to some routine business.

LEWIS AND COMPANY'S NEW ESTABLISHMENT FOR
Boles CLOTRING.-Number of boys clothed .for the week
ending Saturday, July 9th, 1,025 ; corresponding week last
year, 989.—Increase, 36 boys.

HOLLOWAY'S Piza,,s cure headache, bile, loss 'of appetite ;
can be taken without danger from wet or cold, and require
no restraint from business or pleasure. They act mildly on
the bowels, . without ..pains or griping, strengthen : the
'stomach, promote a healthy action of the liver, yurify the
blood, cleanse the skin, brace- the nerves, and invigorate the
whole system. , They prove an admirable restorative of a
debilitated .constitutien, creating appetite, correcting indi-.
gestion, removing bile, giddiness, and nervous or, sick head-,
aches. It is impossible to speak too.highly of these pills.
IMPROVEMENT IN GENTLEMEN'S HATS.--,=-Many
letters froth time to time haveron this subject, appeared in the
" Post" and " Journal," the originals of which' are to be
seen at our shops, 9, DALE-STREET, and 6, CRESCENT.
MR. JOHN A. SIMPSON, the active partner of the
firm of BINNEAR and SIMPSON, begs to state that
this improvement in Gentlemen's Hats is his owii inven-
tion, and registered by him in his own name, and is his
own private property. In bringing this invention so
prominently before the public, he has avoided say-
ing one word about it himself. All that has' been done
has just been to print; in the " Daily Post " and
the 'Liverpool Journal," some three or four letters at
a time. The principle upon which the advertisement is
inserted is the one so well expressed in Proverb S--" Let
another man praise thee, and not thine own mouth ; a
stranger, and not thine own lips." The whole of those
letters are written by persons altogether uninfluenced
any other motive than this L---that they really felt the bene-
fit of Mr. SIMPSON'S invention, and in such a degree, that
they thought it only just' to him to state their opinions, not
in word merely, but also inswriting. d
J. Gorsuch; Hair-Cutter. and Perfumer, No. 7, Parker-
street, begs most respectfully to thank his friends and the
public for the liberal patronage bestowed upon him during
the fourteen years he has been in business .in Liverpool,
rand furthermore, solicits a continuance of their 'favour,
which it shall ever-be his study to deserve. He takes the
present opportunity to announce that. the late partnership
existing between himself and James Wynes is dissolved ;
and for the future the business will be carried on, at No.
7, Parker-street; under J. Gorsuch's sole siperintend-
)ence. Boarding Schools attended by the month. Pri-
vate families waited on as usual at their residences. An
experienced assistant will be sent round once a month to the
following places :—Bootle, Seaforth, Waterloo,_ Crosby,
Huyton, Runcorn, St. Helen's, eas combo, Egre-
'inont, New Brighton' Birkenhead Park,.Claughton, Oxton,
and Rock Ferry. J. G. may be consulted personally in all
cases of disease in the hair. - He calls especial attention to
the stimulative properties of his " Circassian Balm, " (where
the hair is falling off,) of which, and the Milk of Almonds,:
he is the sole inventor; and no other is zenuine unless
made by J. Gorsuch. s 2

CIRCULAR.—Exchange Hair-cutting and Shampooin-
'
rooms (over the shop of Mr, Turmeau cigar merchant,
No. 11, Castle-street, Liverpool, August 5, 1859. Sir,— n
handing.you the inclosed card, permit me to inform you that
,the partnership hitherto subsisting between myself and Mr.
Gorsuch has terminated by mutual consent. I shall for the'
future carry on the rooms . situate as above, where I trust I
may be favoured with your patronage. Nothing shall be
wanting on
ray part to deserve your ennildence.--I havfil*
honour to be, sir, your obedient servant, 1811103 wynis,'° 'rc
..........

. _
I iggpßT RAssAog.,yE§T4wAy4

(Before E. JAMES, Esq., Q.C.; 'Assessor.)

APVTACK' v. MARTIN. --13111ift CIE OF' uormAcr.—The
plaintiff in this action is a provisiOn dealer, and the]
defendant is in the same line of business. Mr. Williams
appeared for the plaintiff; and Mr. Aspinall for the defen-
dant.. The action was brought to recover damages, and-the
sum of £lO paid by the plaintiff to defendant,, aa a deposit
on the purchase of a quantity of fixtures in a shop in 'Park-
lane, •in this town. It appeared that in June last the
plaintiff arrived in Liverpool from Scotland, with the
intention of taking- a shop as a grocer and provision dealer.
Ha saw the defendant's shop in Park,lane, which-was to
let, and on the 25th of June he agreed with the defendant
to take the. shop, and pay him £l6 for the fixtures. On
the evening of the- same' day the defendant came to the
plaintiff's lodgings, when defendant asked him for a deposit
of £lO on account, stating that he would ,be better able to
introducehim to the landlord. The. plaintiffi at once paid-
the £lO, and it was agreed that the balance was to be paid.
ofi plaintiff's taking: possession; on the following, Monday,
the.27th. On that day -a conversation took place between
plaintiff and defendant about the gas. fittings, defendant
stating that they were not included m the fixtures, and
plaintiff maintaining that they were. M length ,the
defendant . said: that he would have no; more bether with
him, and refused to allow tftem the gas• fittings,, on which
plaintiff and his wife asked fOr, the return of the deposit;
stating that unless they ~had the gas fittings it was
no bargain. Defendant reftised to refund the money,
when, plaintiff told him he would send for a polieeraan,
on, which the defendant said; "Oh, you. do not know
wheat: Liverpool law is." Ultimately the defendant
locked up the shop, and said that he would neither.
return the .mnnoy nor give them. possessien, of the ;shop.
On finding that :the gas, fittings,bclonged to the landlord.
plaintiff was willing to take them at a valnation, but still
defendant refused to give up possession. For the defendant
it was tndeavonrcel. •to be shown: that 'the bai-6ain wertt off.
in consequence of" the plaintiff' and his *ife being irri.
tated aboUt the gas fittings, which were the landlord's, and
not included in the fixtures. Defendant. Was ready 'to carry

out the bargain, but plaintiff left-the aliop when the g
fittings were named; and in a day or two afterwar6 to(

other premises, and defendant was served with a writ the
same week. lie never refused to give plaintepossession,
but was always ready to do so. Verdict for the- plaintiff for
£lO.

AOTION FOR ASSAirLT ANSI FALSE IMPRiSONMENTJ.—
CARTER V: BYFORD.--In this case the plaintiff, Mr. Edward
Carter, sought to recover from Mr. Byford, pawnbroker,
Dale-street,-in' this town, compensation in damages for false
imprisonment. The- damages were laid ,at MOO. Mr.
Deighton appeared ,fer the plaintiff,'. and Mr. Brett for the-
defendant. The defendant pleaded that the
.plaintiff had
Stolen a pawn ticket, worth eight shillings,, and sot he- justified
the assault. , The defendant, Mr. Byford, was a pawnbroker,
Carrying on business in Dale-street; in this •tewni and the
plaintiff, at- the time when the alleged false imprisonment
took place, was •in, defendant's •service as .hiS managing
assistant. Up to , the time ;.of the occurrence the plaintiff
ha 4 iherne a character;, upon which the. imputation of dis-
hOnesty had never been east, Ha- had been a pawnbroker's
assistant for thirteen years before- he entered the defendant's.
service, and had been in one place for a; period.of five-years.
On the 23rd of Feb, lest, at the suggestion of Mr. Word him-
self; b - induced • lefendr - On:

.ae was induced to enter into the ant's service.
the 20th of May there were in the service of Mr. Byford
the plaintiff, a person named William Preston, and the de-
fendant's son. • On that day, between twelve and one o'clock,
without any previous intimation of anything being wrong,
the Plaintiff was summoned into the defendant's presence,
and was there accused of haviug stolen a pawn-tiaketler
eight shillings. The plaintiff at once said he was innocent,
and suggested _that the defendant should .call in William
Preston, who had, the principal management of the pawn-
tickets. ,The defendant said; " It's of no.use asking

hail'. Preston' for he told me:of it." A conversation then
took',place between the plaintiff and.the- defendant, in.the
course of. which,the latter endeavoured to get a confession,
but the Plaintiff bein,m4mocent, refused to do anything of
'the'kind. The'defendant then said, ''s Then if you will not
do so, I shall send for a detective." TA rePly, plainiiff said
to him, "Xou maysend for a dozen detectives, if you like,
for I have nothing. t0,,d0 with it.:: Upon this Patrick, a

•1 .e • J. .
detective officer, was sent for, and the plaintiff was charged
withthe robbery. Plaintiff was engaged
d at a_sala4'of X5O
•
d-year, in addition to. is.board and lodging, and a quarter's
being, due at the time, the plaintq asked the defend-
ant for it, so that he 'might procure 11;gal assistance. The
defendant refused tp advance the 4140144- The plaintiff
then asked to, be allowed to, telegraph to, his friends:in.
London, when. the defendant, said, '" No,.•you shall go. at
once with the detective.".' ,The 'detective officer warned
-the defendant of the.. consequences which might follow,
but still he .persisted in charging the 'plaintiff, and gave
Tl}e takon to hridewell,

him into 'Qustpdy

. .
Where ' he was kept. all
herl-sras brought before the —magis. trate

•
Anci:ate 4eXt A i
RKP-ng
'when the chidge

was dismissed. The defence. nor set
, itN,-,tyas rendered wersa
'aiitl.MOre aggravated, inasmuch
.aq
sought compensation, the defendant again charged, hini with
a felOny;..but.unless Mr....l3yford..established wha4,was, set
doWn in his
.plea.,. Ilirthought they would hardly.' fail in
giving the. plaintiff, the damages
,which he now sought---
£4OO. .The
.plaintiff in this
,edde, sought
.:heavy damages,
because he a.yonng man in positiop, and if
.this gander
was not removed, his character Would be permanently
injured. The plaintiff was called, and deposed to the above
facts. He further, that 'he had.- made two. or three
applications tor. :places, but when -he told the parties Under
what circumstances, he left Mr. Ztyford,.. they refused to
engage Wm. He .was now out of a place, and lvid.been
ever since. • -In cross-examiUation, he denied that he said
"Do not send me to gaol, but pay yourself out of my money
which you have in •hand.” • What he did say to him, vas,
" If you send me to gaol, it will break my„mother's heart.!'
On the part. of the defendauti.Mr. Brett contended that
there was no malice on the part Of the defendant in 'giving
the
.plaintiff into custody, which he was justified in doing;
from what he himself saw, and from what he was told by
his son and second assistant—that the plaintiff - was, seen. to
put his hand into thefill and „take .out, some money; ;that
on the day in question; when.. he was watched, two tickets
and some. money were found to have, been stolen,. and that
e 'defendant felt, certain that_ plaintiff was. the thief.
..• _

WiTtiim Preston, the defendant himself, and his son were
called:and examined in support of the defendant. .A. verdict
Was returned for the plaiptiff--daniagis, £lOO.
DixoN v. SALIBURY.—In this case Miss 11Iargaret
Dixon, of„Trafalgar-street, sought to recover from Mr. Sa-
lisbury,. wine merchant, Dale-street,
.the value of a quantity
of goodsy seized under. an. alleged illegal, distraint„for rent.
Mr. 'De'ighten ,was for. the plaintiff,' and Mr. Temple for the
defendant. It was stated by the plaintiff that. On the Bth of
June last two bailiffs entered her houge, and toot away r a
touch, an easy, chair, and four other. chairs, stating that
'they had been sent by Mr. Salisbury to, seize the goods.
She showed the defendant her receipts for the rent, and he
(acknowledged that he had made a mistake, offering to core-
promise the raatter by sending' her a dozen of wine. , The
evidence,for the defence showed that the house was let by
the defendant to.a person 'named Whitchley, and not to the
plaintiff, who was merely a sub-tenant ; and it having been
'stated by thedefendant Wha , without, contradiction, that itch-:
lee owed him rent at the time of the seizure, the jnry,
under the direction:of the learned assessor, returned § Ter-
diet for the defendant.
THouagrox v. plaintiff, Mr. Wm.
Thornton, a stonemason ...na builder, in Toxtetli-park, sought
to recover X 29 19s. 10d, from "the defendant; also a builder,
in Everton. Mr. Brett was for the plaintiff, and Mr. Deigh-
ton for.the !defence. The ,amount claimed was a sumlevied
by the Corporation of Liverpool on the plaintiff iu reepeet
of certain improvements in the road in front of some houses,
of which both plaintiff and defendant,, at different times,
were the owners. There was no dispute as to the -facts,
and the, question of law was left to the learned assessor to
decide whether the plaintiff ir the defendant was.the;proper
party to Pay the amount. It *as agreed between the parties
that, the facts being admitted; a, case should be stated for
the court above.

• f , . .
ELLIS v. RAwciatTy.—This was an action on a bill of
exchange for £25 18s. Brett appeared for the
plaintiff, and Mr. Aspinall for the" defendant, . The question
was whether the defendant 'had endbrsed the bill in 'question;
and, whether he had received due notice Of the dishotour of
the bill. The plaifitiff swore
.to seeing the, defendant en-
dorse the hill, Audi verdict wa's given for the plaintiff.
ACITIO;sT FOR CO,N.PENS.A.TION FOR BODILY., I/9URY.-7.-
rOTTEiI. FAulaoi-ER,--The plaintiff .in this case ,is a
'carter, named Thomas Potter, and the defendant is a wharf-
inger in' Liverpool. Mr. Brett and Mk. Littler appeared
for the plaintiff,, and .111 i. -,Aspinall and Mr. Temple for the
:defendant. lt appeared that On the evening of the 6th of
December last, the plaintiff was instructed by his master,to
go,"to the 'warehouse of the defendants in Chester-wharf,
near the south end of George's-dock,: for the purpose of
fetching sense balei of cotton. - When 'the
,plaintiff arrived
at the defendant's premises with his cart, he found , that
there were already two other carts there, and the plaintiff's
turn was the third.. In loading at these warehonies, it
was usual for the oafte.is to assist eabh''.other, and
whilst the Socand' cart was , -being loaded, 'the
tiff was asked to assist them, and he did so. Whilst
he was in the cart, the defendant's 'lnen'in the warelionse
were "larking," and dating.thiEi time; 'afflict- struck_agiting
a bale of cotton in the warehouse, and tilted it over,

A UGTAI 991859.

out, of itl4e,,,rgicni.se intl. the cut, killingf one man,:.ani
knockir *Tile plaintiff Out oethe-cart infc; the road. He was
taken, Infrma7, when it vias,fotincl•!'that -he .',ltrats
Mitch', hurt • the :spine
,and the probability was that he
,would be a-cripple,for life.' It was urged for the defendants
thatthe plaintiff having.; v,oluntiiereil to assist. in the cart,
the defendants were not answerable for the injuries he gas-
Wined. The learned assessor said he should dirett a non-
suit, on the grounds stated by the defendantg, ieiving it toi
the plaintiff to • raise the point in the court, above. The•
question of damages alone was left to the jury; who found
a verdict, for the plaintiff ior £l5O, suilect to a non-suit.
KEVILL v. O'DOUGHERTY.---The plaintiff was a working
tailor' and the defendant a tailor and draPer, in 'South John-
street. The action was brought for false imprisonment. •On
the 11th ®f July, the plaintiff wont
,to defendant's premises
with half a pair of trousers wiiieh he' had been rnalung, and
on askingfOrpayment, which was 15..9d.f. the defindant
refuSedto give him the money, and, at Ipngth gar him in
charge, arid he was rocked up during-1Q night. For the
- .

defeUce it was said that-tlxe:plainlift:ivas4ery abusive ott
the defendant's premises, and defendant had no alternative
'but to give him,in charge. The jury. returned.: verdict for
the plamtiff--damages; 408: •
AN EXPENSP7E ISS. HICKEY U. SHEARER.—This was

an- action for an assault en the plaintiff's wife. Mr. Aspinall
appeared for .the plaintiff,und Mr. Deighton for the de,
fent:hint. The plaintiff is. an innkeeper in, Great Mersey-
street,- and the defendant, is anniaster mariner. It appeared.
that do Sunday, the • 24th nof April, the defendant, with a
friend, came to the' plaintiff's house. lie went into &room
where the plaintiff was sitting, along with his wife, -and,'
after using some 'very- abusive language,ldefendant said he
would have a kiss from Mrs, Hickey:- He then ,seized f her
with• very considerable,. ,violence, ,and ,threw her down,
with so, much 'force that it actually, broke the, leg, of a
piano-forte, and severelk injured the leg of the plaintiff's
'wife. The defendant succeeded at last id getting- a kies,
but,. as the evidence world": show, it was 'not-a, very pleasant
one. 011:the part of. the-plaintiff, the' plaintiff, himself, his
:wife, and- a young lady named .Miss Brown, a niece,.were
called. On the part of the defendant, Mr. Deighton
'contended' that what Was- done was altogether in fun;
and that the parties were. joking together.

caller ' for the

-defendant, and he stated that ho , t was. r; present
during occurrence. Tha?y. were, joking ,together,, and
talking to witness about being married. In the course of
the conVersatiOn..arnongSt them, defendant said he Would
have a ,kith from Mrs.- Hick-ey. Mr. Hickey said, "-You
shan't," and. Mrs.:Hickey said, " You can't." A scuffle
took, place; and neither Mr. nor ,Mrs. Hickey appeared at
all displeased. The jgryreturned a verdict far the-plaintiff
—damimes £2O.
IMPORTANT TO 'HOTEL :KEEPERS. CO4GIN AND

ease • the- plaintiffs,'
Messrs: • Coggin gmtlemen residing in
London,, who carry. on an extensivehusiness as mantle
manufacturers, and the defendant i,s the landlord of the
Neptune Hotel, Clayton-square, in thiS town.. Mr., Aspi-
nall and Mi. Russell were for th4laintiffs, and Mr. Temple
acid Mr.'M'Qulloeh fOr the 'defendantS. 'The plaintiffs ear-
'ried on a large laiisineis amongst the drapers 'of Livepool;
A gentleman- named .Mdrsden .was. ;their. traveller:, Oa-the
12th of March last this...gentleman arrived in Liverpool in.
the ordinary course of Insbusiness, and 'stayed 'at.the Nep-
tune • lt was his eastern to ask fora teem when he,

SON.-1
id CO,

..vu aavuu. AU. peupva, VUb 11111 bUOU
'and, on the-oceasion in question, he applied to the defendant
to let hink havea;roorn„ for. which iho•was to. charge in the
ordinary way., . The room. was . ppovided, and.anumber of
the mantles-.were laid out. Mr.- Marsden afterwards went
into the tern :on businesS, and. durinmb the ddy the weather
became rather tempestuous. On the following Morning he
found that the-rain had ,come in at the top of the hay win-
dow, 'and done a' considerable .amount: of damage.to the
mantles. it,was found that.thuWater had come-in in cense-
pont, and it was held on,
as landlord of

he defective stA'c'of

...v piaoruns mat; in ins .
the hotel; the defendant was liabde, for the dimag
MMarsdenhaying. been . examined, Mr. J. A. ,
tect, of thiB town,, eras examined ,and :he, deposed to,making

drchi-

a slimy of the premis
and finding that there had been an overflow in consequent
of • the. choking up-or sa gutte't, *hidh cai4ed the water tc
Pass'" through the bay window into.- the room in which"th(