The Northern Daily Times.
Liverpool, Merseyside, England, 1857-01-30 00:00:00

BIRKENHEAD.

PRESENT—Rev. Rev. R. M. Feilden, J. S. Jackson, Capt.
Glegg, R. Barton, and R. Bryans,Esqrs.
UNJUST Sc ILES.—Alice Per Lier, provision dealer and
baker, residing at Oxfon,' was summoned for having a
pair of unjust scales. Mr. Griffith, the Inspector, proved
finding under the plate of the selling scale a copper
halfpenny, making it rather more than a quarter of an
ounce against the purchaser, and even without the
halfpenny the scale was half a dram against the pur-
chaser. Defendant, who admitted the offe,nce, but
pleaded that it was to make up for the overweight
given by two girls who took care of her shop while she
was ill, was fined 5s and costs.

James Easto, provision dealer, Thomas street, Birken-
head, for a similar offence, being with a piece of bacon
attached, making the scale nearly half an ounce against
the purchaser. Fined 2s Gd and costs.
Thomas Jones, greengrocer, Old Chester road, also for
a similar offence, the sca'e being a quarter of a lb. against
purchasers. Defendant, however, called a witness who
proved that it was caused by some boys having taken
away a portion of the scale (a wooden one) and pro
duced the scale in support of the evidence, was ordered
to pay costs.

SUNDAY TRADING.—John Trainer, a beer house keeper
in Tranmere, was summoned for serving at a quarter past
eleven on Sunday morning last. Edward Griffiths, one
of the Tiianmere police, proved that he went t(1, visit
defendant's beer house at the time mentioned—that
he knocked two or three times before he was admitted.
When Mrs. Trainer let him in, he found two men sitting
by the lire in the kitchen, and in a cupboard close by, he
found a jug with some fresh ale in it. He left the house
and at 12 o'clock he visited it again. He (Griffith) was
aware that Trainer and his wife were watching him, but
he suddenly went up to the window, and saw Mrs. T.
hide something in the cradle, and when he got in he
found a pint bottle of ale there, and, upon enquiry what
it was there for, they appeared very confused. This being
the first offence, defendant was fined 2s 6d and costs only.
GAME TRESPASSES.—SamueI Davies was charged with
trespassing in pursuit cif rabbits on a piece of land
called Hargreave litath, in the township of Raby, in the
occupation of Robert Croft. Defendant admitted the
offence, and was fined 20s, including costs.
William Robinson, for a similar offecce at Eastham,
was fined 20s and costs.

THE MUTINY ON BOARD THE J. L. Boomm—Jere-
miah Jones, who, it will be remembered, was remande,l
until the surgeon of the Northern Hospital, at
Liverpool, could certify that the first mate (C.
0. Furber) was out of danger, was again brought up
and a certificate to the following effect was handed in:—
" Liverpool Northern Hospital, January 29, 1857--
Sir,—C. 0. Furber is not able at present to leave the
hospital. His life is not in danger at present. W. B.
Wall." Rev. R. M. Feilden : Very well, then, so far as
Jones is concerned we are of opinion that he ought to be
discharged upon his own recognizance, to appear when
called upon, as he was only detained until the fate of
Farber could be known. A certificate to that effect being
now handed in; he will be discharged upon those condi
tions. Jones having entered into the required surety,
was then discharged. Peter Campbell, the second mate,
who also stood remanded to this day, for wounding James
Christy, was then placed in the dock. The bench en-
quired if there was any certificate from the Birkenhead
Hospital, as to the state of Christy; upon which, one
of the Liverpool officers who had the ease in band,
stepped forward, and stated that, he had, this morning,
applied to Mr. Marshall, the house surgeon, for one ; but
that gentleman had refused to give it, at the same time
saying,—" If the magistrates want me, let them send for
me.” The bench thought there must be some
mistake, and desired the officer to go again, and say,
" The magistrates only required a certificate, similar
to what had been sent there from Liverpool, and that, if
he refused it, he had better attend. The constable left
for that purpose. and shoitly after returned, saying be
had seen Mr. M., who refused to attend until he was
summoned. The bench said that it was most extraordi-
nary conduct on Om part of a public officer, and rather
than the court should be kepi, longer waiting, it would
be better to get some other medical gentleman usually
attending the hospital, to go and see Christie, and then
report to the court whether he was fit to be removed, and
desired that Mr. Jennette, who had, at the request of the
bench, on the last occasion, kindly assisted them at a
moment's notice, and stating how Christie then was,
should be again sent for. Mr Jennette, having entered
the court, was asked if he had seen Christie, so as to be
enabled to say what state he was in, and having
said he had not, was requested to go to the
hospital to see him. Mr. Jennette, however, stated that
his having given evidence on the previouloccasion, had
caused some difference between himself and his medical
brethren, with whom he always wished to be on good
and friendly terms, lie was a mere listener at the time,
and no doubt the bench would recollect that when he
was called upon, h edistinctly stated that he was not in
attendance on the injured man, but that he had seen him,
and if it was merely that the bench wished to know,
whether he (Christy) could be removed, he was enabled
to state that be was not, having seen him that morning.
Mr. Jackson : I can fully corroborate what Mr. Jennette
has stated. I believe it was through me that he was called
up iu to give evidence in the case, it being then late
in the evening. Mr. Marshall not having thought proper
to send a certificate, and seeing Mr. J in court, I asked
him if he had seen the injurd Man. ; and upon his
stating that he had, but that he was not his patient,
thought as the court merely wished to know whether
he was fit to be removed, be (Mr. Jennette) could furnish
us with that information. He (Mr. Jennette) did not
volunteer his evidence, and he could not think what his
professional brethren could find in Mr. Jennette's
conduct to cavil with. The bench admitted that what.
Mr. Jennette had stated was quite true, but that Mr.
Marshall had not only refused to give a certificate, but
also to attend without a summons. They would now re-
quest him to go to the hospital avd see Christy, and accord-

ingly he (Mr. J.) left for that purpose, but in a short time
returned to the court, and stated that he had been to the
hospital, but was refused permissi in to see the patient. At
this moment Mr. Marshall entered the court, when Mr.
Jennette said, as he now saw Mr. Marshall, the house
surgeon, present, he supposed he might retire. The Rev.
Mr. Feilden : Yes ; and we aro much obliges for your
attendance. The rev. gentleman then (addressing Mr.
Marshall) said the bench had sent to him in the hope that
he would brae attended to afford them information as to
the state of the patient. They had considered it necessary
to have evidence as to the state of the man, and thought
he (Mr. Marshall) would have attended at the request of
the magistrates in order to assist the ends of justice, more
particularly as a public officer. Now the bench had
received a certificate from the Northern Hospital in
Liverpool as to the state of health of the mate, but that
not being deemed sufficient the officers had gone back to
Liverpool, and the senior officers of that institution had,
without any hesitation, sent a satisfactory certificate.
Therefore the bench reasonably thought that a similar course
would have been pursued at 'Birkenhead. This hai been
refused, and an answer returned, that if the house surgeon
was wanted, the magistrates would know where to find him.
The bench then sent a respectful request to Mr. Marshall,
that he would attend the court, which they thought the
best coarse to take ; but, to their utter surprise, they ware
told that he (lir. Marshall) n f ased to attend. Now, they
had no desire to send a summons or warrant to enforce that
attendance, as they censidered it would not have b:en the
best course to pursue towards a gentleman in his position.
However, as he was then present, they would at once call
upon him to give evidence as to the state of the patient in
the hospital. Mr. Marshall : Just allow me to say
The Rev. Mr. Feilden No; we don't want any
explanation. All we call upon you now is to give eviderce.
Mr. Bryan? : The explanation you must give to the president
of the institution. Mr. Marshall was then sworn, and he
stated that he had a coloured man, named James Christy,
under his charge in the hospital. He was suffering from a
gunshot wound in the left thigh. The ball, he believed,
was still in the wound, though ho had not yet felt it. In
his judgment, he would not be in a fit state to be removed
for a month or six weeks. The Rev. Mr. Feilden said that,
under these circumstances, there was nothing for it but to
go to the hospital, and take the evidence of the injured.
man. Mr. Campbell (who appeared for the complainant)
suggested that the'best course would be to remand the case
for a week, when it was probable the mate would be in
attendance, and then both cases could be taken together.
The Rev. Mr. Feilden] thought the suggestion a
good one. The following witness was th e: called :
John Wellesley stated that he shipped on board the J. L.
Bogart, on Saturday, the Bth January, as boatswain, and
went on board between five and six o'clock. Peter Ceenp-
bell asked witness if he had shipped as boatswain, and he
replied that he did. Campbell stopped him. Hie things
were in the carpenter's room which he ordered himself.
Campbell took hold of witness, struck him, and said,
" God d—n you—you ship as an officer." Was struck
with something hard on each side of the head. The chief
mate then came up and struck witness, and kicked him in
the mouth and private parts. His mouth is still sore from
the effects. He was also struck in the eye by the prisoner
Campbel'. Was then thrown down, and cried " Murder,"
but there was no assistance to be had, and was afterwards
locked up all night. Saw Spriggs come on board. Campbell
went up and struck him, He fell, but got up and ran. The
prisoner then had a sling shot in his hand, and said, " The
first black son of a b— that goes over thin rail I'll kill
him." On Monday morning went aloft by orders of the
chief mate. Heard the latter say to the prisoner, " This
is not the ship I shipped for—it was the Robin Hood."
Next thing witness saw, was the chief mate running for..
ward, and the prisoner after him. The chief mate had a
big piece of oak wood iu one hand, and a pistol in the other:
Saw the prisoner fire several times, but low. The prisoner
find the shot which hit Christie, and the latter called out
" I'm shot," and fell over the cat tail,
The case having got so far the bench consulted, when it
was ultimately agreed that the case should stand remanded
not it Wednesday next, when it is supposed Furber will be
able to attend.