The Northern Daily Times.
Liverpool, Merseyside, England, 1857-04-06 00:00:00

AMERICA.

The Steamers Leopold and Hermann arrived at
Southampton on Saturday, with New York advises
to the 21st ult.
The Aspinwall correspondent of the New York
Daily Times sends that paper a full official list from
the Adjutant-General of General Walker's army of
all the men who at various times have joined his
force This statement, which is highly interesting
and important, gives the following summary :
Whole number reported, 2,288 ; whole number
there, 2,277; aggregate deatbe, 685 ; killed in
action, 131 ; resigned, 37; discharged, 206 ; de
serted, 293; missing, 114; total remaining in the
army, February 24, 733. This does not include
Colonel Lockrldge's force on the river, about 300
in all. The whole of Walker's force in Nicaragua
at the present time is thus seen to be not far from
1000.

The steam ship Lima arrived at Panama on the
9th of March. bringing dates from Valparaiso to
the 15th, and Callao to the 26th of February.
The Peruvian war steamer Trombes arrived at
Paita on the 16th, from Huanchaco. General
Caravedo, and a revolutionary force of about two
hundred men left next day for La Huasca, to
recruit his men previous to marching on Piscora.
The Peruvian war steamer Loa arrived at Paita
on the 27th from Lambayeque, for coal and pro-
visions.
General Vivanco has left Truxillo with all his
forces, and took up quarters at Lambayeque. Gen.
Caravel() took possession of the city of Piscora,
after six hours' fighting. Loss of killed and
wounded very considerable on both sides. The
Piscoranos fought bravely.
The barque Tasmania, from Liverpool, via
Nassau, New Providence, with a cargo of salt, iron,
&e , drifted ashore on the night of the 20th ult., at
Portland; in the fog, near Cape Elizabeth Light.
The crew were saved, but the vessel will probably
be a total loss.

The Alps, from Liverpool, has arrived out.
Freights to Liverpool, for grain, was better, and corn,
in bulk, was engaged at sixpence.
The foreign news by the Alps had no effect upon prices.
The highest grades of film- were in fair demand, while
common qualities were neglected and dull. Wheat irre-
gular, with a tendency to lower prices.
The cotton market at New York unchanged.

NEW ORLEANS, March 19.—Cotton : Sales today, 3.500
bales, at an advance of lc, the market closing firm. New
Orleans middling, 13kc to 131 c. Sugar and lard have
advanced. Breadstuffs quiet. Pork firm.

MLDONALD AND THE WATER
COMMITTEE.

Liverpool, 4th April, 1857.
To Joseph Cooper, Esq.,

Chalrman Water dommittee

Sir—l will esteem it a great favour if you will be
good enough to give orders that I be permitted to
inspect the COrporation Water Works at Rivington
occasionally.
The purport of my inspection will be purely of a
scientific character.—l am, sir, vours most respect-
fully, JAMES M`DONALD.

(coV v.)
At a. meeting of the Water Committee, held on
Saturday, the 4th day of April, 1857; present,
Joseph Cooper, Esq., Chairman, &e ,
Read letter from Mr. M'Donald, requesting
permission to inspect the Rivington Works
occasionally,
Resolved—That this application cannot be com-
plied with.
Extracted from the proceedings.
WM. SIIIITTLEWORTH, Town Clerk.

•
To Joseph Cooper, Esq.,
Chairman, &c., Water Committee.

Sir,—At your meeting, to-day, I applied for
permission to make an occasional inspection of the
Rivington Works, for scientific purposes. On the
representations of your engineer, that application
was refused. If, however, your servants imagine
that by such means they can prevent me
obtain'Aig the information necessary to en-
able me to put yourself and the public
generally in possession of the truth, with regard
to the state of the works and the proceedings
connected therewith, they will be greatly mis-
taken; for I shall not cease to give the fullest
publicity in my power to such facts as may from
time to time come under my observation, notwith.
standing the interruptions, or even the intimida-
tions to which I may have to submit from your
underlings.—l am, sir, yours respectfully,
JAMES MPONALD
Liverpool, 4th April, 1857.

LOSS OF THE BACCHANTE STEAMER.— On Saturday, the
total loss of the Bacchante, London and Oporto steamer,
was announced at Lloyd's. The vessel was entering
Oporto harbour on the afternoon of Sunday last. She had
a pilot on board, and was pursuing her course at full speed
across the hay over the bar, when she struck on a reef
known as the Falgueira Rocks: The force with which she
went over the reef rent apart the plates of her hull, and her
tore compartment was speedily filled with water. The
crew had only time to launch the gig, and get into it with
the passengers, when the vessel filled and went down in
several fathoms water. The mail bags were afterwards
fished up by Captain Younghusband, but the vessel is
reported as having broken in two, and is therefore, with
her cargo of general merchandise. a total loss. The
Bacchante was built of iron, and was 400 tons register.
She was iesured at Lloyd's for many thousands of pounds.
DIABOLICAL OUTRAGE—A poor young girl of respectable
character and connections was walking from Roscrea to
Parsonstown on Weduesday last. At about two and a half
miles from the latter town a man accosted her and used
some indecent expressions. The Young woman, alarmed,
repelled him, and endeavoured to hasten away, but the
brute seized her by the throat, knocked her down, and
violently assaulted her with intent. This outrage happened
on the public road. Her screams and resistance prevented
the ruffian accomplishing
his purpose
men appeared in the distance on the' and fortunately some
road. The villain
immediately decamped across the wall, and the poor girl
hurried towards Parsonstown. She, however, could only
continue her journey for another mile, when she fell in a
sort of apoplectic fit, which was brought on by the shock
and the injuries she received on the throat, having been
almost strangled by
the desperate efforts of the assaulter to
keep her down. The unfortunate creature was discovared
on the roadside by some charitable person, who immediately
drove into Parsonstown and brought Dr. Woods to see her.
She was at once removed into hospital, and remains still
very ill, under the care of Dr. Woods. The police, under
Inspector Hill, have been most active in their exertions to
find the demon,
and we understand are likely to be success -
ful.--King's County Correspondent of Saunders's News
Let(er,

TRACHERAY JUSTIFIES HIS LECTURES.

A public dinner was given to Mr. Tbackeray at Edin-

burgh, on Thursday. Lord Neaves occupied the chair ;
the croupier being Mr, W. Stirling, M.P. In reply to the
toast of his health, Mr. Thackeray said : My Lord Neaves
and gentlemen, .1 have to thank you as best I may For
the immense kindri
~ss and hospitality with which yen
have been pleased to reeei,"e me, and for the extrairdinary
and generous welcome which have hid here, and which f
have met with during the whole time that I h ve b'en roam
ing through Scotland. Whereverlhave len,from Dam (rift
to Invarness, I can assure you that I haa-e met with a
welcome as kindly almost and as great as yous' own ; at
whatever town I have landed I have found the kindest
hand stretched out to shake mine, the warmest frib.n
ready to make me welcome, and the most extraordinary
sympathy, and goodness, and friendship, and affection,
—if I may be allowed to say so —shown towards me,
(Cheers.) If this kind of reception is to continue—if such
hospitality is to go on—if I am to be feasted every day in
this way, or in a way almost equally good—allow me to say
that, with these dinners, and with this kindra=s, and with
this hospitality, you are taking my bread out of my mouth.
(Laughter and cheers.) It is quite an error to suppose
that I am a man possessing any benevolent feelings or
any generous sympathies with my tellow creatures My
business is to find out snobbishness, and meanness,
and vulgarity, and base motives in all the people among
whom I go. (Laughter.) I read in sores and scores
of valuable critical works that such is my only
task—that such is the dreary occuelthip of my exist-
ence. It is said that if I try to speak of a good man,
I render him absurd, and mean, and vulgar; and or
a good woman, that she, too, is foolish, and vapid, and
insignificant—that it is only with agreeable Vibe that
somehow or other my business in life lies; and, in fine,
that to picture wickedness, and selfishness. and mean-
ness, is my task. I know that this must be true, because
I read it a very short time ago in a Liverpool newspaper
(laughter); and not only in a Liverpool newspaper,
but in a Liverpool newspaper which was quoting
a Scotch newspaper. (Renewed laughter.) This Scotch
newspaper enounced these facts which I have been mention-
ing to you, totally contrary to the theory of Lord Neaves.
' Catch this fellow," says the Scotch newspaper. "saying
anything kind about anybody ;' and the Liverpool news.
paper which prigged my lecture backed the opinion
of the Scoteh critic. "Catch him praising anybody or
saying anything good of anybody. He loves nothing that
is lovable : be praises;nothing that is praisable." And
yet I thought that in those lectures, which some of you
were pleased to' come and hear, I had certainly not
praised some monarchs who had lived hundred of years
back, but I had praised Burke, and Reynolds, and Gold-
smith, and Johnson. and the literary men, the mrn
of art and the men of science, the good men of the
time, whom I value more than the Star and Garter
wearers of those old days. (Applause) I had thought
th.t in those lectures I had spoken in terms not
of disrespect or unkindness, and in feelings and in
language not un-Erglish, of her Majesty the Queen--
(cheers)—and, wherever I have had to mention her name,
whether it was upon the banks of the Clyde or upon those
of the Mississippi—whether it was in New England or
in Old England—whether it svzs in some great hall is
London to the artisans of the suburbs of the metropolis,
or to the politer audiences of the West end, or to the
people in the mightier West by the banks of the Ohio,
and away on the American continent—wherever I had to
mention her name, it was received with shouts of ap-
plause and with the most heartfelt cheers. And why
was this ? It was rot on account of the speaker, it was
on account of the trath ; it was because the English or
the Americans—the people or New Orleans a year agr,, or
the people of Aberdeen a week ago all received and
acknowledged with due allegiance the gr€%t claim to honour
which that lady has who so worthily holds ,rtt great and
awful situation which our Queen occupies. It is my !:)Talty
that is called in question, and it is my loyalty that I sin
trying to plead to you. Suppose, for example,
that in America—in Philadelphia or in New York

—that I had spoken about George IV. in terms of
praise and aff cted reverence, do you believe they
would have hailed his name with cheers, or have
heard it with anything like respect ? They would
have laughed in my face if I had so spoken of him. They
know what I know, and you know, and what numbers of
squeamish loyalists who affect to cry out against my lectures
know, that that man's life was not a good life—that that king
was not such a king es we ought to love, or regard, or honour,
(Cheers ) And I believe, for my part, that in sneaking the
truth, as hold it of a bad sovereign, we are paying no disre..
spect at all to a good one. (Cheer?). Far from it. ('n the
contrary, we degrade our own honour, and the Sovereign's,
by unduly and unjustly praising him ; and the mere slaverer
and flaterer is one who comes forward, as it were, with
flash notes, and pays with false coin his tribute to Cmsar.
(Hear, hear, and cheers.) I don't disguise that I feel
somehow on my trial here for loyalty, for honest English
feeling. (No, no, and cheers.) I do not hold any dangerous
revolutionary opinions. lam sure there is many a Con-
servative here who might follow my opinions, or at any
rate who might hear them out, and not be very much
alarmed at them when I got to the end. As far as I know
of my political opinions, I belong to the class that I see
around me.here—the class of lawyers, and merchants, and
scholars, and men who are striving on in the world, of men
of the educated middle class of this country. And belong-
ing to them,•my sympathies and desires are with them. If
it happened that we were all here an assembly of noblemen
and earls, we should no doubt form a Vlscouuts' govern-
ment and think it the best of all Governments possible.
(Cheers.) If a difficulty arose in China for instance, we
should look for my Lord Duke A. to go out and settle
the difficu'ty, or we should ask Earl B. to go if my Lord
Duke A. were not inclined. If a Minister were wanted at
Washington, we should send my Lord A. to fill the place ;
or if a minister were wanted elsewhere, there would be some
other lord who would be quite ready to accept the office.
If we had a war, we should select a noble lord from the
Horse Guards to fill the place of Commander.in-Chief,
we should select a couple of noble earls to command
the cavalry—(laughter and cheers) —and we should find
out of a number of gentlemen of Ole beg families to go ore
the s off of these noble lords. (Cheers and laughter )
If I, for example, were the noble lord who
occnpied a high position at home, and espeekllY if I
should possibly have a relative ini a far distal)); land
where the war was going on, I should most undoubtet:.lY
and most justifiably write out to those in authority at head
quarters to take care of my relative. (Great laughter.)
Against that system I could scarcely protest, because it is
perfectly natural. I think it is quite fair that a noble
lord should send out and say, " For heaven's sake take
care of Dowb"—(renewed laughter)—but for us oa
our side I think that we are bound also to look after
Tull and Mac. (Loud cheers.) Tull and Mac belong ter
our family ; they are •of the working, sturdy, middle
classes. (Cheers.) They are men in whom lie, as I
believe, the safety, the hope, and the main part of the
intelligence of our country. It is to their party that
I would like to say that I belong, and I hope that my
confession will carry no disloyally with it, and will
meet with no very sincere disapproval from the
strongest Conservative present. (Applause.) Of the
kindness with which you, my Lord Neaves, have
been pleased personally to speak of me; and the
esteem in which you bold my works, it does not become
me to speak : but I assure you that I am most grateful
and thankful to think if I can have in the course of my
life's labours merited such an encomium as I have had
from you—(cheers)—and if, after the night is over, you,
gentlemen, are pleased to confirm the sentence which my
kind judge, here seated, has passed upon me, it will be a
source of great gratification to me to think that he
has made a righteous award, and it will be a source of
immense pleasure to my children to remember how very
kindly, and how very hospitably, and how very generously
you have treated me. (Long continued cheers.)

WILLS AND CHARITABLE BrgensTs.--The will of the
most noble John Duke of Rutland, E.G., has been proved
in London, tinder £lOO,OOO personalty. Lady Hamilton,
£15,000. Matthew Wasdale, Esq , of St. Ives, £50,000.
Peter Kirk, esq., of Carrickfergus, £30,000, within the
province of Canterbury. R;chard Grove Bartow, Esq., of
Market Deacon, Lince;ln, £30,000. Benjamin Thompson,
Esq., of Parkgate, York, £25.000, within the provjnce of
Canterbnry. George Roger,c E•q., of Shrewsbury, £lO,OOO.
oy.Taelssße,erkosfhßireeadirinogsp,
Hospital £2'o,
and
Christiana
Promoting to t he R
Isabella
hasMSo cs ai
Society c hl
re
forasttChristian Knowledge, £lOO, the
Society for the Propagation of the Gospel, £lOO, Reading
Dispensary, £5O, and the Green Girl's School, £lOO.
THE SUNDERLAND ELECTION AND MR. HUDSON.—It
appears that George Hudson, Esq., M.P., for Sunderland
is still haunted by the fiends of the law, owing to unsatis-
,
lied judgments, amounting to upwards of £lOO,OOO, which
are still standing out against him. Consequently, on the
nomination day (Friday last), at Sunderland election, his
ex-majesty was seized upon by a sheriff's officer, who served
him with a writ for a considerable amount; but Mr;
Hudson laid claim to being exempt from the pains and
penalties of the law under the peculiar circumstances in
which he was then placed as a candidate. The officer of
the law found that he had no real power to arrest his ex-
majesty, and took his departure • at the same time he kept
a sharp look out on the state of the poll, so that if Mr.
Hudson bad lost his seat he would unclouhtedly have been
arrested, and placed within a debtcr's cell ; but at the close
of the poll his ex-majesty was again fortunate enough, by
a rapid coalition, to come in second in the race, and had a
narrow escape from the British bailiffs. It is hardly
expected that the hon. member will be able to take his seat
in parliament, for all the splendours of the iron crown,
the country seats, and the enchanted mansion of Albert'
Gate, have passed away, and left the ex-king very poor.

CAUSE-LIST

FIRST LIST.—SALFORD H.UNDRED.
Plaintiffs' Attorneys. Plaintiffs. Defendants.
3 CP...Same Belihouse and ano (sa)-v The Mayor &eofbrchcster.. Austin
14 QR.—Worthington & E Duncan , • v Harding and ano . North
16 CP...W K Taylor Lawton (ta) v:Whitaker H Forshaw'
17 Ex ...Sale and Co Fanshaw (sa) v Peet P 0 Milne and Son
- • SECOND LIST.—WEST DERBY HUNDRED,
2 Ex ...Rowe Waring Junr v Everth
6Ex ...Hodgson Allen . .• Gibson r:'
.. 7 CP.—Barnett and M Stubbs (Oa) v Baker
11 CP•vYates Juu French and ors - ~, v McHenry
14 CP...Bolton ' Baker _ " (sa) v Stubbs -''' •
:..-0.
16 ,Ex ...Pye and Co Burgoyne ". v Jackson
21 Ex ...Same Same ' (sJ) v Smith and ano ' ' Same
23 CP...Yates Jun Jones admor &c , (sa) y Provincial Insurance Co Ed,Pworth and P
~
25 CP...Dodge Harrison and anr (sa) v Lee Yates Jun
27 CPL.Johnson Hignett -a- v Blundell 11 Forshaw
28 QB—Lowndes and Co Brennand (sJ) v Ker and ors J 0 Watson
30 Ex —.Pletcher and 11 Grainger and ors r. ,(sa) v Kirkpatrick Lowndes and Co
31 CP...Grimmer Swiunerton (sJ) v Lon & Nor Western R. Co Swift and Co
32 CP...Roscoe Allan . (Ea) v Walters Mewburn and Co
39 Ex ...Neal and M Ford and am v Hannay
40 Ex —.Lace and Co Neilson v Andersson
42 CPL.Roby . 'Houghton and ux admix &c v Hignett and am
46 CP...Rawson and Co Bottomley . (sa) v Nuttall ,
47 Ex ...H Forshawod . Cotesworth and ors (E.]) v Wood and ors
48 CPL.Johnsoa Parkinson
_. v Jackson -10 i .4.
53 QB—Hassal 7 Penny and ano exors ,:, v Pollard and ors'
54 QB...'Wills and S :.N Fraser v Jordan
55 QR,..Shattock ".*
Deane ' v Littledale and ors
58 CPL.Deane Preston and ors v Tamplin and:Ana
61 QB—Swift & Co The March. of Londonderry i(sa) v The Sunderland Dock Co
62 CPL. Backhouse Dean v Wright
63 CPL Same •?, Dean and ors -: v Wright
64 Ex ...Haigh and T Bredin (Ea) • Eatough
66 CPL-T and It Radcliffe Aspden v Fielding and an)
67 Ex ..North and Co Whitley and ano (sa) v Parr and ano
68 QB ..Lowndes and Co Johnson and ano (ea) v Croft ursell
69 QB...Shattock Tapson „ v Swift . Biackhurst
70 Ex ...Pemberton Blundell v Gossage J Ansdell
72 CPL.Same W Hartley '- v Same " Same '
73 Ex ...Kaye , 77 Goddefroy and ors (sa) v Hegan - J B Lloyd
76 CP ...H Forshaw " Whitaker v Lawton W K Taylor
77 QB—Lowndes and:Co Parry and ano , Trustees Birkenhead Dock Bircham and Co
78 QB...Saiite Crosby and ors Wilcox and ano H Forshaw

(SJ) V

SPRING ASSIZES.
CROWN COU ta.—SATUaDAY,
NISI PRIU3 CASES.
BEFORE MT. BARON MARTIN.
SMITH v. LONG.—This case being the action against the
United Service Insurance Company to recover the amount
of X 999, the value of a policy on the life of one Alfred
Smith, which occupied nearly the whole day, the defence
being taken first, in consequence of the trial being an issue
sent from the Court of Chancery, was resumed this morn-
ing. The counsel for the defence produced pro-
posals, shewing that Dr. Smith, of Cheltenham, and
Mrs. Price, of the same place, had applied to many
tither societies to effect policies upon the deceased s.
life for a similar sum, which had been rejected as
ineligible by the deceased's health being dilapidated
by
,diseiee. Mr. Overend, Q.C., in addressing the
jury on the evidence for the defence; contended that
the witnesses called to prove the intemperate habits of the
'deceased, and his, sickly constitution, about the, time the
toile), in the United Service was effected, were not of that
'character-to be implicitly believed, as, in moot instances, it
bad been' clearly shown they were drunkards themselves,
and when in a state of inebrity, they were brought to'prove
that the deceased was intoxicated. The only part of the
evidence on which the company appeared to rely, was that
of the medical men. They had spoken of,instances of the
deceased having spat blood and ph!egm ; but
Dr; Walker bad admitted that there were few of
the Forking' natn of Manchester who were not
in the . habit of hawking and spitting. It was
was further elicited that the deceased was employed in a
malt mill, where the dust flew about, which was calculated
to irritate the throat, and cause the symptoms spoken of.
lie should show by evidence that other insurance offices had
accepted the life of Alfred Smith, and had paid the money.
The defendants in this case ltad not sufficient grounds to
refese the payment of 'la policy. This he should show by
evidence be inteed to adduce on behalf of the plaintiff.
John Smith., ,'ne plaintiff, a doctor of Medicine, residing in
Ch'l2.enharn, being galled by Mr. Sowler, said that, in 1852,
ens brother, Alfred Smith had made application to him for
the loan of money. He was then indebted to him, and he
held security a promissory note for £1,999. He owed
witness more than that sum, and at this time he militated
the loan of 3 further sum, which it was not convenient to
lend. On the sth of Pehruaiy, 1853, made application to
the detendanes office to insure the life of his brother. He
had net seen his brother since 1846. Saw him, however,
at, the latter end of February in Birmingham, a little
previOuS to his departure for Australia, when he examined
him. Was then of opinion that he laboured under the
ordinary influences of influeLzA, and be stated that
the reason why he had been called upon to
examine him was that the manager of the
office had ' written to him, asking him if he was
aware that there was any malformation about his brother's
chest; that ho had been examined in Manchester, and
the medical man there had said there was ; a similar
opinion had been formed of his own chest, when he
app'ied for assurance. The result of his examination was
that, he found simply a slighaenlargement of the collar
bone on the right side ; it was external,
and gave the appearance of the flattening of the left side.
His opinion- was that his brother's life was a good, fair,
and eligible one. lie saw his brother about a fortnight
before he left; he then appeared in the same state of
health as when he saw him in Birmingham : he had
simply the ordinary cough. He heard the evidence given
of the spitting, and does not Lot believe it : a man taking
considerable exercise oier ten hours a day %wield not be
likely to, expectorate blood.. Cross Cross examined by Mr.
Atherton.: Was the medical officer of the Indisputable
at Cheltenham. He was aware, when he
went to his brother, in Birmingham, he only knew froni
the letter which he received that the medical officer had
reported there was some peculiar malformation about his
chest. There was the same peculiar malformation about
h 3 own chest, though not exactly similar., Hs opinion
was, that the wtoeczing which was present could only
result from cold or bronchial affection. He had proposed
to the Indisputable, but his brother strongly objected to
being insured there, and it was withdrawn. The total
amount of insurances effected was e 5,500. He had ad-

f=:?

. ~.

Derendants'AVorneys.

Holden and Son tCZ

J and W Clare
Shattoek

Lowndes and Co
H Forshaw

Littledale and B A,
ittledale and B

Turner and Son
Pickup

f.j l~

3d~~

him and the deceased drinking or drunk together. What
be stated to the contrary was not true. Bridget Hughes
also resided in Gorton, and spoke to having known Alfred
Smith for 15 or 16 years, and said that he was a very
moderate man with drink. Never saw him drink more
than two glasses. He was also a very healthy
man. He used to call as a friend at the
Farmers' Arms, Deansgate, Manchester, where I lived.
Jane Follett, examined by Mr. Overend : Am an uphol-
holsterer's wife, residing in Manchester. Visited the
deceased at his home while he lived at Gorton. Was
acquainted with him up to his leaving for Ausiralia. He
was a sober, healthy man. Joseph Polletf, the husband of
the previous witness, had called frequently, both day and
night, at the City Arms while kept by the deceased. Did
sometimes take a glass of grog with him. Always. found
hitn sober, and free from cough or spitting of phlegm.
Joseph Sadler, a nurseryman, residing near Manchester.
Knew the deceased three years before he left England. Saw
him frequently. He was of temperate habits, ana fresh
looking. Did not know, and had never heard, him to
cough or spit. He was a remarkably quick walker, and con-
tinued in good health up to his leaving England. Wm. Hade,
baker and flour dealer, City road, Manchester, knew Alfred
Smith about three_ years, from 1850 to 1853, when he left
the City Arms. Considered him always a healthy man,
and was a good sharp walker, and never heard him cough.
The jury here intimated a desire to hear the medical
evidence, on which the other witnesses were withdrawn:
John Wilson, Fellow of the Royal College of Surgeons at
London, and lived in Cheater forty-two years. Had great
experience. Was officer for the Albert Insurance Office.
Examined Alfred Smith for the insurance at this office,
and reported thereon. The report was then put in dated
18th February, 1853. Subjected him to a'close examina-
tion, which was his invariable custom. Had particularly
examined his chest and abdomen. Used the stethescope,
which he considered the best method of ascertaining
the state of the chest and lungs. It was his duty
to ascertain among other things whether the perm
son is of temperate habits or not. There would
be certain marks which would indicate intemperate
habits, and if he spit and coughed it would likely be
,observed. There was nothing unnatural or abnormal about
his chest. His judgment corresponds with the statements
contained in the report, and considered his life a favourable
one for insurance. Cross examined by Mr. Atherton :
Did not recollect observing any peculiarity about the chest
or collarbone of the deceased. It would be possible for.
person saying that he was temperate, and in believing that
statement to pass under his examination without detecting
any symptoms which would indicate the fact of his being
intemperate. Had known persons continue for a consider-
able time to spit blood and afterwards, fully recover. Re-
examined by Mr. Overend : Was the first person who
introduced the use of the stethescope in Manchester,
and subjected his chest to an open examination: Heard
the evidence that he was very active, and considered that
was; quite incompatible with diseased lungs. Dr. Turner,
the medical officer of the United Service at Manchester,
was then called, but did not appear. Mr. John Wicks was
then sworn, who said he had served a subpoena npon Dr.
Turnen'at Manchester. Ho was in court yasterday, but
Was not present to-day. The crier then called the name
of Dr. Turner, as usual. .The _foreman of the jury then
intimated to his lordship that they considered the evidence
for the plaintiff counterbalanced that for the defence, and
his lordship directed that a verdict for the plaintiff be
recorded. The cause occupied eight hours in hearing.
PRICE V. DILLON AND OTHERS.—This was an insurance
case of the same nature as the preceding, and the connect
Were the same, They agreed upon the merits of the last
issue, to take a verdict fur the plaintiffs ; damages
£1,300.
COMPENSATION I.olt INJURIES SUSTAINED•ON A RAILWAY
—SHILLINGFORD V. THE CHESTER AND HOLYHEAD RAILWAY
COMPANY.—The plaintiff in this action was a railway
post office clerk, whose business it was to travel in the
post office van, from Bangor to the Normanton station, to
sort letters, and' trimsset other' matters for the post office
authorities, and while thus engaged he sustained serious
injuries, alleged to be caused through the negligence of the
r rants of the defendantis. •Mr Temple, QC ,
'and Mr. e Manesty,
__apPearecl for • the • plaintiff,

" -
-
vauced, previous to 184 S, more than 43,000- on his brother's Mr. Atherton and Mr. 10, 'rink, for the.• defendants.,
account, upon some railway speculations, for part of nom the statement ,ef cennsel, and. the evirJencaof tthe
evhiCh a premissorY note in witness favour was given for plaintiff. it -appeared -the latter is 35 years of age, and is a
.10'1,999. He took no part himself in the withdrawal of the married man ; that on the Monday, et the 19th of Decem-
eroposal from the Indisputable. Ills principal object in ber last, he had just IcOme through , the tunnel at the
meeting ,his brother at Birmingham was to subject him .to Bangor station, 'its thepost'Offiee ven;-wlien the passenger
a medical examination. The gentleman who wrote on
train came in contact with 'a train containine slates. The
behalf °f lies. Price lived in Cheltenham. Mrs. Price lived
effect of the concussion was that he .was knocked seriseleis
in his house. His brother had been unfortunate in business,,
and had been in Lancaster Castle in 1852. Mr. Robert Son, ofreceived a wound in his bead, and is now afflicted with
.. . . .
guldinesee. and was unable to attend to his business
the Indisputable office, here was called'upon to produce Dr.
Smith's correspondence. He said that he had four or five He had been to London, to Northampton, and other
o the benefit of Ins health, and. to consult
letters on private and confidential matters, and retie only on
.. _ .different medical men, who pronceinced him unfit for
business, which waie put in• by Mr. Atherten,. who pro- business, which he would be unable to attend to 'for
ceeded in the cross-examination. Dr.Sinith they said that he months to come. it was alleged that the accident had
had reeeived a letter from Mr, Robertoon, stating that occurred in consequence of the pointsman at the B ingor
unfavoueable circumstances had arisen, and that the life stationeneglecting to turn the point. Had he done's°, the
was declined. - Will ant Buck, wholesale tea dealer, at slate train would have gone straight on, and the con-
Leeds, examined by Mr. Malcolm, sail :He knew Alfred cussiori would not have takers place. The plaintiff had
Smith twenty seals before his death. thaw him very originally £lOO per annum from the post office, and had
frequently the first 'ten or twelve years. Supplied him been promoted to £l5O. By not being able to attend to
with goods to the 'amount of £3OO. Dr. Smith was liable his duties, he hadnot only lost his salary, but the chances
to him' for the amount, He met him in Manchester in
of fhrther promotioniir ,which he was anticipating. The
1d53. Dr. Smith ' was with him. There was no
medical mencohie state no opinion as to. when be could
-
thfferenee then in his health from what he had
again resume his duties; and in the mean time other
' parties would be employerl. A Mr. Jones, another
known him to enjoy in previous years,. which had clerk in the post office, stated the nature of the Reef-
been good. His habits were generally sober, and very dent, and. as to having conveyed the plaintiff to
industrious. On the last occasions in which ho was his own housen where he .lay in bed for a month.
in his company he did not observe that lie coughed. His reedicil evidence-was adduced to stow the extent of the
aplmirance was that of a healthy man, Walked with injuries, from which it appeared that the wound in the head
him then eight or ten miles. He walked much better sires four inches in length, but not very deep, and a slight
than the witness, and did not appear fatigued,
,Had in- concussion of the brain had -taken-place. In the cross
tended toemploy him. as agent for the sale of goods in examination of the medical witnesses, it was shown that
Australia. Cross examined by Mr. Atherton. Pirst made the plaintiff, befote the :accident, was subject slightly to
the acquaintance of the deceased in an Italian warehouse, erysipelas in the head, which occasionally caused d;zziness;
in Regent street, London. Did not hear- of his insolvency and they did not despair of his ultimate recovery. Mr.
in 1853 until ater his death. They were in an ion and Ashdown, another medical man; gave it ashis opinion, that
dined together when- in Manchester. Mr. Thomas although the plaintiff Might recover, he would never again
Bromley, corn dealer, said he was acquainted _with be able to resume his duties in the post office. Dr. Lewis,
Allred Smith since 1839. Had ample opportunity oriudg.. surgeon to the General Post Office, said that in case of
ing of his character, health, and habits, they being fellow illness of the clerks in the post office, from loss of limb,
• seivants. Ha was healthy robust, sober, and industrious, they were allowed a superannuation, and the amount
and never knew hirri to require medical attendance. His depended upon the time the party had been in the service.
acquaintance evended up to the last day but one of hie stay t In the event of general illness, a sum of money was-allowed
in Eitland, and saw him at his own house very fir their supper,: until they recovered. Under ten years'
frequently. Saw him every morning, without exception, t service no superannuation was allowed, If at the end of
a. six o'clock, at Brixton and Gorton, and, while at the
twelve months the plaintiff was able to resume his duties,
City Arms, never knew him to he any weer different. Cross he would betaken on again by the pest office. He was in
, exa:tnieed by Mr. Atherton : Waa,elveayst snore active than hopes that id that time the plaintiff would be enabled to
• up to the time of his leaving England. He was
wi -ness, resume his duties. 'The jury returned a verdict for the
' a man highly respected'. Re examined by Mr. Overend : plaintiff, damages £BOO. The jury h. ped the post office
Never 'saw him cough or spit. Isrtha Turner (called by aurhotities would extend the time for the plaintiff over';
Nr. Malcolm) said she rrsided at Gorton, near Man. twelve months. - , .
'l.llVBter. . Had kept the post office 25 years ; knew Alfred f.'TEWART v. WRIGHT AND ANOTHER.—FPECTA TL 0 LIMY
Smi a
sober li about
man, aeixnd yalways minded his ears. When he resided
nesstherNever saw e he was Case —Mr Atherton and Mr Millward for the plaintiff, Mr
0 ierend and Mr Crometori for defendants. This was an ac.
busi.
him drunk, or knew him to be ill. He looked a healthy eon to recover the sum of 42,300, the balance of certain
strong man. There was'nt a sharper. .pedestrian in the: imports of cotton from New Orleans, which were sold to
neighbourhood. Saw him occasionally after be left, and, Mr Wright the elder, a manufacturer -at Heaton Norris,
last of all, about three weeks before he went to Australia. ! near Stockport, who had subsequently became bankrupt,
• ObsSrved• no charge .in him, and never heard him 1 and the claim Was
made against the 'dr:fen-hint, Joseph
!-cough, or saw him. spit. Cross-examined by Mr.- Ather- I wieeet the younger, as the successor and copartner of his
ton : Saw the deceased daily while in Gorton, and never father' The evidence of Mr Stewart, the plaintiff, and
t saw or heard of his drinking. He left Gorton in in Int 47.
and others,went to show' that the defendant, by the express
James Massey, a blacksmith, residing at Gorton, had
declaration of the father, tied the acknowledgment of the
kuown the deceased eight years. Was very intimate with 1
him. He Wae a sober, active, and healthy man. Never i o.,:fentlthant, that,hoiise in July last ye ar, when it '
he had an interest in the business
(
''
knew him to cough or be drunk. Last time he saw him, I .1
was a week before he.lcft. Did not see him at all altered l was aleleged the transactions took pi-ace It apes
that at the time -in ' • me question, the I
in appearance. ' Knew the witness Walker, but never saw j alleged for the defence,