Northern Times.
Liverpool, Merseyside, England, 1859-03-22 00:00:00

CROWN COURT

SENTENCES RESERVED FROM LAST A SSIZES. —James
Berry, who was found guilty at the last assizes of perjury at
Worsley, and whose sentence was reserved while a point of
law was being considered by the Court of Criminal Appeal,
was put up for sentence, the point reserved having been
decided against him. His Lordship sentenced the prisoner
to six months' imprisonment with hard labour. Richard
Fletcher, who was convicted at the last assizes of a rape
upon an idiot girl, and whose sentence was suspended under
similar circumstances, was put in the dock, the point having
been decided against him likewise. His Lordship sentenced
him to penal servitude for four years.
ROBBERY AT MANCHESTER.--James Smith and Joseph
Dainty were indicted for robbery, accompanied by violence,
at Manchester. Mr. Ashworth prosecuted, and the
prisoners were undefended by counsel. It appeared
that, on the night of the 16th of January last, about a
quarter to ten o'clock, a young man, named William
Clewitt, was going through a street called Little Stable-
street, when he was attacked by some persons from behind,
who covered his mouth with their hands, and robbed him
of a silver watch and chain. The prosecutor had time to
recognise the faces of the prisoners, who ran away in
different directions. A watchman succeeded in capturing
the prisoner Dainty, and the prisoner Smith was appre-
hended soon after in Copper-street. The watch was found,
by a police officer, in a doorway by which the latter pri-
soner had passed, There appeared some doubt as to the
identification of the prisoner Smith, at least as to his having
taken any part in the robbery, and he was found not guilty
accordingly ; the prisoner Dainty was found guilty, and
sentenced to four years' penal servitude. The latter
prisoner had been previously convicted of felony.
STABBING AT BOLTON.—Thomas Vicars, spinner, aged 22,
was indicted for stabbing Tames Lomax, a police constable,
at Bolton. Mr. Sowler, Q.C., prosecuted. The prisoner
was not defended by counsel. The prisoner was a deserter
from the 15th regiment, and on the 20th of February two
police officers, Lomax and Henderson, went to the cellar
where Vicars lived in order to arrest him as a deserter.
The prisoner attacked Henderson, but by the aid of Lomax
was thrown down upon the bed. Henderson then saw that
the prisoner had a knife in his hand, and called out to
Lomax to put the hand-cuffs on him. Lomax was ende a-
vouring to do so, but Vicars's wife interfered, and a struggle
took place, during which Lomax received several severe
wounds on the face and neck. The prisoner was, however,
secured by Henderson, with the assistance of some neighbours.
The wounds.which Lomax received were so serious as to keep
him up to the present from returning to his duty. The
knife taken from the prisoner was found to be stained with
blood, and its shape corresponded with the wounds
inflicted. The prisoner was found guilty of felonious
assault, while attempting to resist his lawful apprehension,
and was sentenced to fourteen years' penal servitude.
HORSE STEALING.—George Greaves pleaded guilty of
having, in Manchester, on the 7th of February last, stolen a
mare, the property of one John Taylor. The prisoner had
previously been sentenced to seven years' penal servitude
for a similar offence. His Lordship sentenced him to
another period of seven years' penal servitude.
BURGLARY.—Joseph Heath pleaded guilty of burglari-
ously entering the dwelling-house of Daniel Shaw, at
Newton, stealing therefrom a pair of trowsers and a
petticoat. The prisoner was sentenced to four years' penal
servitude.

BURGLARY AT ASRTON.—Thomas Connor, aged 40, was
charged with having burglariously entered the house of
Samuel Entwistle, Ashton-under-Lyne, on the night of the
Bth of January last, and stolen from thence a quantity of
bacon, loaves, and other provisions, and a pair of stockings
The prisoner was found guilty, • and sentenced to twelve
months' imprisonment with hard labour.
BIGAMY AT CRILDWALL.—James Chapman aged 30, was
charged with having committed bigamy at Childwall. Mr.
Brett prosecuted. The prisoner was not defended by
counsel. It appeared that, about nine years' ago the
prisoner married a woman named Harriet Williams, at a
place in Wales. Subsequently, they separated, and the
woman appeared to have lived with other men;
by some of whom she had children. On the 6th
of September last the prisoner married at Childwall a
young woman, 17 years of age, named Elizabeth Cordingly.
He only lived with the girl for a short time, and then
deserted her ; and in giving her evidence she stated that he
had used her with cruelty and violence on more than one
occasion. The jury found the prisoner guilty, and he was
sentenced to 18 calender months' imprisonment with hard
labour.
BURGLARY AT MANCHIZSTER.—Sames Devine was charged
with having, on the night of therth of December, in Colly-
hurst-street, Manchester, broken into a dwelling-house, and
stolen therefrom a quantity of clothing. It appeared that on
the night in question a policeman heard a man calling for

help out of the river. lie found the prisoner in the aver,
and helped him out. The prisoner had a bundle of clothes
with him. He was taken to the infirmary ; and it was sub-
sequently found that the clothes he had with him had been
stolen that night from a house in the neighbourhood
where he was found. The prisoner, who defended himself in
a long speech, and with considerable fluency
.and rough dex-
terity, urged in his own behalf that on the night in question
he saw the clothes in the river, and being somewhat tipsy,
attempted to get them, but in doing so fell into the river and
broke his leg. The jury found the prisoner guilty, His
Lordship sentenced him to eight calendar months' imprison-
ment, with hard labour.

NISI PRIUS COURT,
BEFORE MR. JUSTICE MILES,

His Lordship took his seat on the bench at eleven

o'clock,

CHAPMAN v. ROTHWELL.-- In this action, John Chapman,
a master-boiler-maker, residing in Salford, sought to recover
compensation for the loss of his wife, who, it was alleged,
came to a violent death owing to the negligence of the
defendant or his servants. Mr. Manesty, Q.C., and Mr.
Wheeler,
_appeared for the plaintiff, and Mr. Fearnley
for the defendant. There was a second action in the
case, it appeared, to recover a sum of about £22, being the
expenses incurred for medical advice, nurses, mourning &c.
The learned-judge observed that a person must die sometime
and that it had been lately decided by the Conrt of Common
Pleas that funeral expenses could not be recovered. The
defendant, it appeared, is a brewer, carrying on business in
Ruhr e, Manchester ; • and on the 7th April, 1857, Mrs.
L
Chapman went -to his premises to make some inquiries.
After accomplishing her errand, she left the counting-house,
but on passing through a lobby she looked through a win-
dow. She then. turned round, and instantly fell through a
trap-door, which was open, into a cellar, a depth of about
eleven feet. She died of her injuries eleven days after-
wards. The plaintiff: allitged-he -had been obliged to dispose
of his beerhouse of the loss of his wife. One
witness stated that the' wonian Wa§ warned about the trap-
door being onen ; and the defence was to the effect that
Mrs. Chapman had been guilty_ •of gross carelessness. The
jury returned a, verdict fur the plaintiff, damages thirty

guinea:

ACTION ON PROMISSORY NOTE. -MAILAND AND ANOTHER
v. FRIENDLY.---This was an action on a promissory note
for £65, dated the 20th of November, 1857, endorsed to the
plaintiffs. Mr. Monck, Q. C., and Mr. Fearnley appeared
for the plaintiffs; and Mr. Segar, Q.C., for the defendant.
It appears that the plaintiffs are merchants and manufac-
turers at Manchester, and the defendant a cloth cap-
maker, carrying on•-business-in: the same place. From
the year 1855, until the time when the transaction in
question took place, the defendant had been in the habit
of dealing with a person of the name of Albert Turner ;
and being indebted to Mr. Turner, in July, 1857, to the
sum of £65, he gave him a promissory note for the sum,
payable with interest 12 months after date. Before the
term had expired, Mr. Turner paid the note over to the
plaintiffs, in respect to a debt he owed them. Upon the
note becoming due it was presented to the defendant, who
said he had no objection to pay the principal sum by in-
stalments, but he would not pay the interest, alleging that
the term " with interest " had been fraudulently entered
on the note, without his consent. The plaintiffs insisted in
demanding the interest as well as the principal ; the
defendant refused ; and hence the present action. The de-
fendant was called, and he distinctly declared that the
words " with interest " were not in the note when he signed
it.—Verdict for the plaintiffs.
The court then rose.

PROSPECTS OF PEACE.

The Times announces that a Congress of the Great
Powers will meet, either at London or Berlin, to take into
consideration the state of Italy, and the complications to
which it has led. This solution is the only one, considering
how far each of the two Sovereigns principally concerned
has committed himself, and how much a retreat would
detract from the pretensions of either. This is the result of
Lord Cowley's mission. The Emperor of Austria is willing
to take away every excuse for an aggression on the part of
France; has stated his intentions respecting Italy fully and
frankly. As to the separate treaties of Austria with the
Italian States, Francis Joseph declares they have been only
a burden to him, exposing him to constant importunities
from different Sovereigns ; and that he is willing to consider
a plan for placing those States on a more satisfactory basis.
The Times contains a despatch, dated Vienna, Saturday
afternoon, saying that within the last few hours things have
assumed a more favourable appearance. Both France and
Austria display a very conciliatory spirit.
The Paris correspondent of the Times repeats the
expression of his opinion that, as regards Italy, the danger
is passing off for the present. It is a great point that tlie
Emperor Napoleon seems well disposed.