Northern Times.
Liverpool, Merseyside, England, 1859-12-16 00:00:00

meant to injure him. He continued to abuse the Tosecu-
tor till the latter becoming exasperated puttim outof the
door. A short time afterwards the prosecutor had occa-
sion to-go and see Mr. Bromily ; and, while leaving his
house, he met the prisoner, in the entry. outtide. A
scuffle ensued, and the prosecutor was saverely Wounded
in the chest For the defence it was urged that the
wound being inflicted in a dark entry, and 'being an
upward one, was probably obtained in an accidental
manner, and, therefore, without a malicious intent.
The, jury took this view of the case, and the prisoner
was ordered to be imprisoned for nine calendar. months.

•
THEFT AT WARRINGTOX.--4RMOS Locker was indicted
for having, at Warrington; on the 22nd October, feloni-
ously stolen from the person of John Jackson, a silver
watch. Mr. Raffles prosecuted, and Mr. Fonblanque
defended the prisoner. The prosecutor is a tanner at
Warrington ; and, at the time Mentioned in the indict-
ment, hd roa *been drinking about the town with the
prisoner and another man; the other-man left them for
a few moments, and'the prisoner then snatched the watch
and ran away. Previous to taking-the watch and while
in a public-house, he had noticed the prosecutor's watch
and told One of the witnesies that he would have the
watch. After-he had:obtained possession of the Watch he
showed it to the aforesaid witness, who warned him of
the consequences. of his theft: . The:slefence set up ,by
the learned counsel was, that the prisoner,merely-took
the watch for safety as the prosecutor was so drunk as
to-be unable to take care of it himself. The-prisoner
was found guilty and 'sentenced- to •four_monthiE impri-
sonment.
FORGERY AT NA.NOHES —Noah Jones-was indicted
for forging and uttering a- certain, forged order for the
delivery of goods, with intent to defraud, at Manchester,
Mr. Colbett conducted the prosecution ; the prisoner was
undefended by counsel. The prisoner had `Been for,
some time is the .employ of Mr. Morris, and knoiving'
that his master hadidone business with Messrs. Galoway,
of Manchester, took a forged order for some; copper bolts,
and upon_presenting it jl6 obtained the copper mentioned
in, the order; Lie subsequently sold the bolts, s and was,
shortly after apprehended. The. utteringpf the forged-
order was clearly, proved, and the prisoner was sentenced:
to-penal servitude for three years: .

BURGLARY AT MANCILESTER.—Thomas Johnson was
indicted for having, at Manchester, onthe 9th.flecember
last, entered the house of Mr. Topp, cotton spinner, and
stolen therefrom some plates, Br.c. The prisonerpleaded
guilty; and was sentenced to twelve months' imprison-
ment. .

M.A.Ne-LAuGHTEn,---Ellen Looney was indicted for the
wilful murder of John Canary, on the 29th of October.
Mr. Leresche prosecuted ; the: prisonerwas undefended:
It- appears that the house where the' deoeased person,
John Canary, resided, adjoined the house belonging to a
person named Moss, and it seems that on the particular
dayinentioned the husband of the prisoner was in the"
deceased's house. The-prisoner went there for the pur--
pose 4 persuading her husband to come home. Mr. Canary-
had previously forbidden the -prisoner to come to his-
house ;. and on the night in question he seemed very
much offended, at her coming,, and showed this by-
severely pushing her out of ,the house. She instantly
seized a :spade, and struck the deceased on the• head,.
inflicting wounds from. which he died, shortly •after.
The. learn.ed judge
_considered that the' indictment for
murder could not be sustained; and the jury returned a,
verdict of manslaughter, accompanied by a recommen—
datipn
,to:Mer,eir• The prisoner was Penteheed to impri—
sonment with hardlabour for six months.

COUNTY COURT.-yE's-TERDAy.

( Before W. A. RIJLTOR, Esq., Judge. )
1-N* RE THE TOXTETH-PARK CHARITY.

Fdl ward iniur ~nnen ri,l on behalf of the
trustees of this charity, to apply for an order for ascer-
taining and declaring the proper 'objects of this charity,
and for-the 'court to give directions 'for its application,
and for establishing' a suitable scheme for its 'future-
.
management and regulation, and for suchl
-further orders
as the court should think fit -to make.- Mr. Bolton,
in-
structed by Messrs. Thorneley and Jevons, appeared- to'
support the elaiths 'of- the-Unitarians voishippintin the
ancient chapel of *Toiteth-park. 3,1 r. Aspinall, in-
structed by Mr. Paterson, appeareetfor the Presbyterian
minister, the Rev.. Mr. Johnston ;. and Mr. Raffles, in,
strueted by ,Mr. J. 0. Jones, for the Ixtdependent minister,
the Rev. Mr. Harem.
Mr. Banner said that the application was made- to the
court by authority of the Charity Commissioners, made
by virtue of the provisions of the -16 and 17 Vic., cap:
137, 32, which directed` that, when the annual in-
CQllle- of 'any charity should be, under £30,-, the Charity.
Commissioners might order applications respecting it to
bel6de in the County Court. He then read the order of
t'he Charity COmmissioners, from which it appeared that
this'eharity had originated in a- gift '-of -several small
suing' of money, the truss whereof were consolidated and
declared by- an indenture, dated- the 24th June, ,1762,.
expressed to be made between John Lawralison, Joseph
Mercer, Nathaniel' Pendleton, Jonathan Mercer, and
John Houghton, of the one part, and Daniel Weathet,i
Peter Ketunou, William Cassell, Yohn Iffebiter, thdinas
ltti
410: :vhc
iliwilbami:ei4mtri•66ttbsequent
Bispham, John Bispham, Joseph Mercer,' the -yennget;',
Jahn Pendleton, and John. Rigby, cm ther other part,
From this indenture, it .appeared :that ", the goss
amount 'of. 'the sums—X3op was vested ;in the said
trustees, upon trust, ,to distribute the in',,erest of 450
among such poor honiekeepers regdent Toxieth-park
as the trustees should think proper, and to employ the
interest of the remaining £250 • - aez.long :as the laws
44119: A*944 should t‘cor t4e providing,.
supporting, and maintaining godly, and. pious
prQoching and teaching Proteetarat orthodor minister
oilministers; such 'ns ' were usually terined.Pro-
telitiint Dissenting ministers', 'who should be found
in the; faith of Christ, and ),iolding and profesaing the
doctrinal articles of the Ckiurch, of (England,: required
'flif4isserheinreetgiiiing,
'bne;P:ll:ll',Jr4aY*as,r.994llad:
ja,n4tollaalitrdTP:tpllsect'llarifbita:4ll9t'e'elibtril'iUrleY'b4e;e;:eeil;'-onf' the poor.
dAr ed; dated 1857i' Messrs. Nathaniel
Y.ing, AlfretiKing, Alexander Neilson,
JlO4BOll, , Coltart,
Mereer:, Richard Barker, :William Barker,
Morton Spark
_e, antl;Tiaac Oliver" jainis),;:the present
trustees; -'over e appointed. Some'tinie 'the "benefit
of the said 41tftist vial( withdrawn'fforn;the Ministetlif the
Toxtearf,ark 'Chapel, mentioned'inf•the deedubf47.62,
..;the r 'arty entitled Ito it, in consetwenoe' of. some
change Ow tcpris tenets of the - nytnijs pr,„,:and con-
greP' ~ion, 614 a er some cessation ihre apprthatieri of
the.'charity, Clains"to the 'benetit the 'said
tru: .st had recently been ihnile Olt belittifoftwb othdichaftels
I.l!:loxtetli;park; Called respectively -the NewiPielbytenan
Chapel, *and the ;Independent Chapel. The chapel
mentioned in the deed of 17,02, has subsisted continually
as a place of , religious warship, land is noW,,known as
" The Ancient 'dligperef ToitetlaLpark." trader 'these
circumstances, • W ' Consideidd "desirable ''that the
qUestidn,shOtild be settled by a oeinrietenticonil, and the
-charity commissioners havinglieen.applied :to; authorised
the, trnstees. to „make an:application; to.,the I4verpool
County Court. Mr. Banner, •in cvtinnation said that
the former Aitplicition of the funds was 'UnknOwn to
the predenttnisties, but it was Sujilaied)that they were
'paldto the minister of the Ancient Ohapelof Tbateth-park.
Some years ago, the minister, of thlit chapel: became Uni-
tarian; a large number of the congregation left in con-
sequence, and, under these circum.stances, the trustees
did not consider that they we'te' justified by the deeds
n paying the money idr'the minister of ' that
place.. The funds 'had been' lost sight of for' a
number Of years.; butt; Mr. ,Neilson,: an -Told 'and
portnnt officer in: the Town-hall, discovered, tilat,tpey
had been invested in torperation bonds ; rand one of the
trusteed, Itir. Litherlind, was informed that some of;the
money had been lent on a promissory note given by the
!trusteed bf. a chapel at Need/Brighton-; and knowing,
of 'it ecslitulpreitiyt:..:9nmPid hat34l9yine!
lathnaatewtiasoinaogtathinesip.tr4,petrr?lmsrpdces,(o)
n a oc bon
,
proceeds should be paid to "the Rev. Hiroo ?the
.
It was thought by all but one. of the trustees that the
succeeded, the .money was i.nvest6ci d
ndepeiident minister ; but Neilson was in fatotir of
• its being, paid to the Presbyterian minister; and the
Charity Commissioners taking into consideration the di-'

Friday, December 16, 1859,

ference of opinion in the matter,- de-alined- -to-le-Edo,
making-an order for it to be-settled in the county colt
Mt. Bolton; in .supportingithe claim; of the min r
and congregation of the Unitarian chapel -having stated
the law to be that when in- any charitable ;bequest the
religious doctrines were not expressly mentioned, if doc-
trines had been preached - for. twenty-five years,
_they
might properly be taught, and thnifunds that should be
left for the benefit of such. congregation should not be
called in question after that period, said that, previous
to 1827, since which time there had been no application
of-the funds' the proceeds of :the charity had,- with few
exceptions, been paid to the • minister of the Ancient.
Chapel of Toxteth-park, so that previous to that time
Toxteth Chapel was in receipt 'of the money No other
person could-have claimed it, and his friends who ap- •
peered now for that purpose must be out of court, as he
could give evidence that ne other minister had Coale
within the provisions of -the deeds. If it was an ex-
pressed trust 'for the purPose of - pioinitigating the
religions views of the Church of England, and if it Was
in the very essence of it, that the Articles of that Church
must be acquieiced in, then the present- minister for
whom he appeared) would have to say, " Ido not claim. '
But he appeared not only for the,present minister, but
for a future minister, who might comply with those
conditions. There being .no gift over to the poor, it
would be for his Honour to consider whether the inten-
tion of the donors would be best carried out by giving 't°
the poor of Toxteth-park stallramount as could not be
claimed by any, person ; by 'giving it to .some person
advocating similar views to' those-of the testator; or by
giving it to the minister- for the time being, of the
Ancient Chapel -of Toxteth-park. The representa-
tives of many of those parties who - made, -settlo-
- -of - these - sums had ' frequented that chapel ;
and there vas one ladY, holding :a pew, whose ancestor
was a party to the deed 0f,1695, and he .believed the:(
gentleman who instructed-him was 'a direct descendant ,
of one of the donors, and now held the-same opinions Os'
the present' minister of Toxteth-park Chapel,;, he stir
posed, indeed; that the congregation worshipping- there
was descended: from the congregation that existed at the
period of 1695. It was not so much in conside,rationef
the particular ' doctrines,' as to benefit thezinielies -and
their descendants frequenting that place of wor-
ship, that the donor,/ gave their money. It wal
necessary to consider not only the religious belief of the
(loners; but alio what they might have-been if they had
been now alive: It was quite possible too that the,
minister might alter his Opinion, and in that ease he
would clearly' be entitled to the money.
Mr. Aspinall sold Mr. Bolton only:spoke, in general
terms of the creed of the persen whom he represented.
He admitted that his:client did-not come' within 'tlie
meaning of some of the --deeds—that he was not or-
thodox, but they wanted some information of what he
did teach. . .
. : , ''_ e '
Mr. Bolton—The Bible is used as the foundation of
his faith.
Mr. Aspinall said' he merely asked the question to
preVent the -necessity of putting. Mr.:Robber:de in ‘tJle
box.
Mr. Bolton—Mr. Robber& does not- hold 'the d,,,_"
trine contained in the original ;deed:
Mr. Aspinall—ls he a Unitarian ? '
Mr: Bolton—Certainly, I'.*ill admit that he is ; but
as 'regards Unitarianism; there is no definition._ . •
Mr. Aspinall said they wanted to' know not . only
whether Mr. Robberds and
...his predecessors had - beee
Unitarians in the largest sense a the but whether
they had been Unitarians -Of ;' the- same colour. TV
would, however, take the.admiision that Mr. Robberds
was a Unitarian,, but he -would- not admit that he,
preachedthe same doctrines which had- been preached
therefor 'the last twenty-fiveyeara._ Mr. Aspinall then
said that he appeared for a gentleman who represented the
Presbyterian body, and the first question was, whether the
persons whom Mr. Bolton representedwere entitled at Al;
and .if they were not,.arhe was, and to what portion'''
The terms of the will in the- cased Lady Hewley were tie`
in stronger terms than those of-the deeds' which had
been cited. , In. Lady Hewley's case the bequest was 0,
moneys to be employed for the' benefit-of such poor an',
godly preachers whoielobject :was the :preaching '''',
Christ's holy GoskAi,..nnd the question. was,, whether
the Unitarian body—who,no doubt; believed themselves
godly preachers—were-se-within--the meaning of the
will, and the decision wag most diatinctlyoiat they werr
not, and the'case haling; bein earriiidlto the' House °,',
Lords, the judgment was affirmed. The deed of 176'
avhich•Mr. Bolton relied. upen,,beeause it did not el;
tutu' the' iyuld "t?atlivdtur,'
funds should -be given; ftfor.the_;benefit of ministers
of the Presbyterian and Independent denemination;(
It wafs a" Thatter - of hiStOry that treSbyterians- at.
Independents of thatdaV would have looked with hor
upon anything like the "doetrines.of the Unitarians, and,
he should have been_quite content if the words i‘ sourlit4r
in'the faith" had Been 'omitted, fOfi he ould "ask/ .
funds which .liad been wider t ~ will of S.
lady wlicisald.,thet were to ,go ttf thee Pee Tian 3'l
Independent denomination,_ could properly be taken
possession of by persons who held the .Unitarian doctrio
Which at that time had not been heard of, and 'if tlfelf
hadlyeert heard.7of,- would not have been: tolerated. .%,
Unitarianism were really the,object of the gift, the trued
would' have gone - over `long since 'subject to the pro tp
sions, the doctrines being' illegal 'at .that: time .; all°4o
was.elear, that a subsequent, alteration of the law c°"•,-.,
make no dillerenee. The qUestion then arose, "wh°o"
entitled to; the money ? and he did not propose to austi,4
that question merely fer the-purpose of answeriniyo
friend, Mr: Bolton, who,-with -that . generosity wo',/
generally influenced rival Sects,Larished_io make out;
least, that if he was not_ entitled to it himself nobet'erj
else was., He and his friend„Mr. Raffles, were preparie,
to show'that the founders otthe Presbyterian and lrlbe
pendent '-ohapele hi, Tol;tethpark: . enated i -front "„,
Ancient Chapel of Toxteth-park, when what were r;
posed to be heteredox doctrines were first preached thenl
His friend, Mr. Bolton, had made- a pathetic eßPeler'.
behalf Of. parties whose- andettors- were buried 'l4'o'l-
- but:though there might be: Tie or two• et the ,desii
''.. dants, still there'the vast body of them, were iiiinbe, .'
her
among the Presbyterian and Independent congiceov. t
whom he (Mr. Aspinall) -represented,- and among Liler
e/I
Presbyternin and Independent congregations scat.,T4o
ahout the world. There was a time when the Uag,S-11
doctrines were beginning to lie preached in ithli ef,,00,
when the congregation to some twenty te—ot
and though tho-.3presentr: Inithiste.r- possessed the f ik°
named-in tho.deeds-very few of the descendants ?. ,to
original-congregation remained. He should be 010
show that: the persona :whom: he and ; his, tricot' .41.
Raffles represented were tlan descendants of the verle,ys
SOlifi who were .expelled ;ley„ the introduction of iinPr" 4
doctrines, and, therefoi•e,f,lie7contencied, were in r_f Off
the 'old congregation, °
and entitled to the benefit A .
charity. 1/. f .°C
' Mr.; Raffles then addressed the court on behalf r 4,
IndePendents, and said,lhat niter- the, able m11,7,',,. 1"
which Mr.., ',A:spinall. had ;dealt with- the ,queOtwa; at
Would. be almost; useless for him to detain Pie ce,LaetZ
any length. He would not, he, said, go•inte thea4l/0
tion.ibetween fl. Presbyterians and In.,dePeu of+
because' ;supposing the, deeision,was in favour 01,...„00$
the and hit friend might come to some. agr7
be (10,,.
If : his :Honour should consider that the. Indeg:c4,t,r„
-and Presbyterians were:the proper parties to re e4_ f
oieit: Av
(charity, he :thought it fWel.likl better to leer, -
the trustees to administer ..,thei •charitar;.l-_t LoOet,
thought fit. The interest on the money .91 ?.--0.„14,u„-,
&stadia-24N. in the
.year, . which if ,divide -11c.dditio
-amidst useless, while in omegaint it weuldbe.o ' i ~...d4.e
lo.a.man's income. -r::; rill OCA.)
- , -Mr. Aspinall-aaidr ha illiela not wish that, the -;'• 40
shoUld tie the hands of thei trusteass: bot as the ssioo ~,
of the trustees were in...Amur_ of one predile c.t _ Do,
Honour should make ieeme T suggestion as to tOu '!
cliaile en.avhiph the,nioney-ashinild be applied- -, 1
His Honour reserveZjadinient. ~ . '
,ple
:. '. • . a
:: i .-.,...--si-sassea-10--br•-""""7-"" _ tfr- /
oil
THE EFFECTS OF Ds.A.ll.filinh—Mr. John
001-ed -e
' farmer,
"of Borrewby, near Thirsk, has jo!t, throe 0!,
his oi4oing crop, and he finds that the produ
_,, !ori)4
newly-drained field,: of-very inferior quality, -0' /10
two 'bushelsiper- acre, being at It4Lat 'seven tirries."'Wei,
per acre as it was ever known' to produce.—Y:oll---rOll
SHIPPING NEws.-%-lrailiiitrDee. 6.—The Lalratkoa
- , was . • 11,
lin, of "and fromiLive!.#6ol. for__Xaranhani, ai,a ,a,
a large ship in the night on the 29th Noy., cri'fito
lifter-wards; w,enV down head foremost. The P*, id
two in number, and ,the; brew Seiiteen),:are ,4a 14,e et•
ham perished. ', ,One hand 4a coloured- !Jilin ste7,,v
.upion 410 follOwitigmorning.by the Marley Bi„ontileid
THE LEGAL PROFESSION OF THE NV:iaa;r4.,,-it, iffill,..of
Yeaterday,_a meeting of West Riding selielw., eurriela
atr.tha Cern tichmige, 'Wakefield,- for t,f,ufalinerieogtild
presenting Mr. LUMb, of WakefieZel, the t funle b/
profession," with his portrait' a magnificee.as to° are;
one, value 120 guineas. The presentationater tqdeaft
J. Marsden, Esq., the -Riding solicitor. le're'con;oetti
ceedings connected Wit-Tithe presentCtiCewof lulle..apie
the subSeriliers to 'the testimonial part')'
ins
rearePl,l,,
the Strafferd Arms Hotel; `Mr. turnb bel!_Eicksplw
by his two sons, -Messrs. RobeTt and Freoel,