Northern Times.
Liverpool, Merseyside, England, 1857-11-14 00:00:00

THE NORTHERN' TiMES.rmLIVERPOOL; SATURDAY, NOVEMBER 14, 1857.

Paterertake to cancel it himself, would witness act harshly
towards him? I replied, you may do es von please, and
he did so, and I felt satisfied, although I never cancelled
the charter. The witness was cross-examined at length
by Mr. Almond, and he utterly denied that
he was to get anything out of the commission,
and that for the sake of Mr. Behrend only, and,
not for the sake of the ship or captain, did he consent Co
forego the charter. Mr. Almond submitted that the ease
was not sustained on two fold ground. Assuming that
the charter had remained intact, end that the plaintiffs
would be entitled to commission, the charter would be
equivecal until the consent of the owner could be bad to
the charter. He said the captain was dubious about the
carrying capacity of the vessel, and besides the freight was
put down at a lamp sum of .C 750, not so much a ton. The
captain had doubts, and Mr. Mors had doubts, about the
cad: city of the ship, and he (Mr. Almond) argued that
when these difficulties arose, and the charter was cancelled,
the commission also was cancelled. He cited a case out
of the Law Times in support of his argument. His
Honour said the present eve seemed to be like anord7uary
one of a broker selling goods on a guarantee, and in this
case the money was clearly earned the moment the charter
was signed. He again suggested that the parties
ought to arrange the matter. Mr. Acpinall was willing
to do so, but Mr. Almond said his client would
not consent to any arrangement except a verdict.
For the defence the Captaan was examined both in English
and Garman, but, in point of fact, his evidence did not
alter the case made for the plaintiff, except that he said
he imagined the commission was cancelled when the charter
was cancelled On cross-examination by Mr. Aspinall, he
denied that Vos, Brown and Co were the real defendants
in this case, and also that they had given him any guaran-
tee to pay the verdict if it went against him. He also
denied that they had ever promised him any guarantee
whatever on the subject. Mr. Brown, of the firm of VO3,
Brown and Co., was exatn;ned for the defence, and he said
the Captain informed him that it was not his intention to
guarantee the ship to carry 425 tone. The vessel brought
a -cargo cf oats here, and that was not calculated to give
the Captain an idea of what dead weight she could carry.
He related a conversation between himself, the Captain,
and Mr. Mors, that took place on 'Charge, and said that,
to the best of his recollection, the Captain said he did not
know what he was doing when he signed the charter party.
Mr. Mors was re-eslied, and said, to the best of his
recollection and belief, the Captain never said so
to him ; and he (witness) repeated thathe had, previous
to the eig,nieg of tile charter by the captain, fully explained
it to him, both in English and German.—Here it was
proposed to send for the gentleman who filled up the
charter, and who saw the captan sign it, but before he
arrived, Mr. Almond said, on consulting my client, I agree
to a verdict for the Vaintiff, for ..-C-25 ant costs, and to say,
on the part of the captain, who is a stranger in Liverpool,
and who does not understand the English language very
well, that he does not attribute the most remote intention
of anything wrong or improper to the proceedings on the
part of the highly respectable firm of Bahr, Behrend, and
Co., in this case —The verdict foe £23 and costs was then
entered for the plaintiffs.
His Honor, after the verdict had bran returned, said
that he was much pleased that such a case had been
brought on for hearing, and regretted that a similar case
had not before been brought before the court, as (as it had
been prove:) the plaintiff was perfectly justified in
bringing such an action.

OURT OF QUEEN'S BENCH.—Nov. 12.

EX PARTS MRS. 'CHERRY.-THE LATE ABDUCTION CASE IN

INSOLVENT DEBTORS' COUT:a—Nov. 12,

BEFORE MR. COMMISSIONr4M PHILLIPS.
IN RE LORENZO FRANCESCO ANTONIO MONTEMERLI,
" COUNT DE SANDONNINI."—This insolvent, an Italian
count, whose appearance was attributed to his attempts to
promote an institution for the patronage of Italian art,
applied under the Protection Act. Three creditors opposed
in person, and Mr. Sargood supported. The insolvent had
been known as Signor Lorenzo, an Italian singer, and had
been director of the Theatre Royal, Antwerp. His
consideration debts were nearly £3,000. The
creditors who opposed were called. One was for the
rent of a furnished house, and some ladies of title were the
referees. The creditor had been paid upwards of £OO, and
owed about £3O. Mr. Mills, a grocer, in Marlborough-
street, Regent-street. complained that after he received an
order on the Union Bank, which was not paid, some sperm
candles, and other articles of extravagance, were obtained.
The third creditor was only £2, and the learned commis-
sioner suggested that it should be paid. Mr. Commissioner
Phillips named a day for the final order, and on the next
occasion, the creditors could give further information. The
7th December was appointed for the final order, and the
protection was retie: ed.

At LEWIS & OM?ANY'S, Ranelagh-street,
BOYS are CLOTHED from the Ages of Six Twenty Years

RACHEL —A letter from Mdllc. Sarah Felix has reached
Parie, giving more satisfactory intelligence of the health
of Mdlle. Rachel. Her medical attendant, it states, con-
siders her out of danger.
DUNDALK COMMERCE.-0a Sunday another steamboat,
the Independence, a new and very pretty vessel, entered
Dundalk Harbour for the first time, having been jest pur-
chased by the Lew company fur the extension of its
Liverpool trade. A large number of the townspeople bad
collected at the new quay to see her, and several pieces,
including those of the rival company, gave her a grand
salute. This makes the fourth steamer now daily engaged
in the Liverpool and Dundalk trade.—North British Mail.
LIBERTY IN SWEDEN.—During one of the discussions in
the Swedish Diet on the royal proposition relative to
religious liberty, M. de Kock, the Chancellor of Justice,
sid that, if the proposition were not voted, the tribunal
would be compelled to pass sentence on seven Swedish
women, accused of the crime of having, three years ago,
quitted the evangelical church and embraced the Roman
Catholic faith. They would, added the minister, be neces-
sarily condemned to exile. This argument, however, as is
proved by the result, had no influence on the decision of
the State.
CLERICAL WIT.—On Monday last there was a contest
in Gloucester for a repres,.-ntation in Convocation, to
succeed the late Mr. Levies. There were two candidates,
one the Rev. Mr. Rice, son of the Dean of Gloucester, on
the Evangelical interest ; the other, the Rev. Sir George
Prevost, on the High Church interest ; the latter, after a
smart consest was elected—the numbers being, for Sir
G. Prevost 111, Mr. Rice 72. A good many clergymen
attended from Bristol and the neighbourhood, and some of
either party were in a railway carriage returning home after
the poll, and good humouredly canvassing the matter,
when one, an Evangelical, the Rev. 8., said, working a
rule of snhstraction, "72 from 111, and 39 remain; how odd
you should win by that number, considering that the
Tractarians are no friends to the 39 articles ; " " and you,"
said the Rev. E., retorting. a have been beaten with forty
stripes, save one."—Bristol Times.
VERDICT OF MA NS LAUGHTE a AT THE LATE TNCE
EXPLOSION.—The adjourned inquest was held ouThersday
upon the bodies of the two girls, named Mary Taylor and
Mary Jane Taylor, who were killed on Saturday night
last, by the explosion of gunpowder at the house of Mr.
James Moore, shopkeeper, the particulars of which have
already appeared. The Coroner, C. E. DrifF.eld, Esq., was
exceedingly careful in his examination of the witnesses,
and delivered a long charge to the jury, at the conclusion
of which they considered fur half an hour, and at length
returned a verdict of manslaughter against iames Moore.
The accused still linaers at the Squirrel public-house, and
although not yet yet pronounced out of danger by the
medical men, it is still thought that he will recover and be
able to take his trial. The jury expressed an opinion that
more care ought to be taken by the authorities to prevent
gunpowder from being exposed for sale in such a manner as
to endanger human life.
THE RUN—FAcznx.—One gentleman, during the heat
of the excitement, went into the Unioa Bank and presented
a cheque for £5OO. The teller asked him if he wished
gold ? " Gold !" replied he; "No; give me note, and let
the fools who are frightened get the gold." Another
gentleman rushed into the same bank, in a great state of
excitement, with a cheque for £1,400. On being asked if
he wished gold, he replied, "Yes." " Well," said the
teller, "there is £l,OOO in that bag, and £4OO in this one."
The gentleman was so flurried by the readiness with which
the demand was granted, that lie lifted up the hag with
the £4OO only and walked cif, leaving the £l,OOO on the
counter. The teller, on discovering the bag, laid it aside
for. the time. Later in the day, the gentleman returned to
the bank in great distress, stating he had lost the bag with
the £l,OOO, and could not tell whether he had dropped it
in the crowd or loft it behind him on leaving the bank.
" Ob, you left it or the counter," said the teller, quietly;
and if you call to-morrow you will get your thousand
pounds."—Glasgow Bulletin.
IRISHMEN IN AMERICA.—IMPORTANT.—A. very interesting
inquiry was held in Dundalk last week, in virtue of a writ
issued by the Court of Chancery of the State of Virginia,
United States, and involving personal property to the
amount of .220,000 " and upwards." It appears that a Mr.
Thomas Byrne, a native of Dundalk, left this country for
America in early youth, and resided up to the time of his
death in the city of Petersbergh, Virginia, where he carried
on the trade of tobacon'st, and where, unmarried and
intes'.ate, he died in 1851, possessed of? property to the
above amount. The present invesegation, therefore, was
to ascertain who are the next of kin to the deceased to be
foumd in Ireland. The investigation was held at the
American Consulate, Mr. A. Johnston, Solicitor, Dundalk,
supporting Mr. M'Court, plaintiff in the suit; and Mr.
Leeds, of Belfast, with Mr. Charles M'Mahon, Solicitor,
Dundalk, ou the part of Patrick Byrne, the alleged brother
of deceased, defendant. We believe this is the first court
of inquiry ever held in the town of Dundalk, under a
special writ of the Court of Chancery of the United States,
involving property to such an extended amount. How
much this big fact speaks fey the industry, economy, and
perseverance of the poor exiles of Erin.—Newry Examiner.
THE BATTLE FOR. THE WORLD'S DOMINION.—A German
archaeologist, Dr. Edinger, has, after two years' labour,
succeeded in ascertaining the precise p sition of the camps
of Antony and Octavius, just before the battle of Actium,
which place, now called Azio, is on the Gulf of Arta, in
Epirus. The camp of the latter is surrounded by a ceinture
of redoubts about 5.1 miles in extent, which were construc-
ted in stone, faced with earth, and protected by a ditch.
At distances of about 1,000 yards, the remains of square
towers, surmounted by a platform and protected by a ram.
part, have been found, as also kens or masses of metal, of
different forms which served aslProjectilee, together with
various arms and accoutrements. In the centre of the
camp, on an eminence, were the head quarters of Augustus;
they occupied a superficies of about one thousand yards,
and were not unlike what are formed in modern times. In
advance of the camp were external wo Is, constructed on
small eminences, consisting of several small forts, which
served apparently more for observation than defence ; they
were occupied by detachments forming advanced guard.
One of them, higher and stronger than the others, served
as a telegraph for communicating with the fleet. In the
ruins done of these forts was discovered a tablet in steel,
on which are traced signals, which have some affinity with
those of the aerial telegraphs. The camp of Antony has
not yet been so closely examined as the o:her, but it is not
doubted that the remains of it will be equally interesting.
The town of Actium contains ruins of temples of Neptune
and Mars, and of other remarkable edifices.
LORD CANNING TO Ba PITIED.—Lord Canning is in
some respects to be pitied. He came to this country when
it was, by Lord Dalhousie's acts, ripe for rebellion, and he
was surrounded by officials who appear to have been obli-
vious of the danger with which the State was threatened.
When the rebellion fist broke out, ho was induced to
believe that it would soon be quelled ; that it was merely a
Sepoy mutiny, and not general ; and that the people were
not dissatisfied. To this advice he listened, and on it he
evidently acted. Those who knew the real state of the
conn;ry showed it was a mistake; and unfortunately they
have since proved that they were better acquainted with
the real sate of the country than the officials. The fact
is, that Indian officials are surrounded by a set of natives
who say "aye" to whatever they think will please the
Burra Sahibs; and hence our secretaries and councillors
lire not in a real, but in a fictitiou ; world, and are often
led astray because they will not seek for knowledge beyond
the region of red tape. In this circle Lord Canning has
moved, and in it he still moves. He is in some respects,
therefore, I say, to be pitied. His experience of India was
limiter, and he might have been excused at first for the
errors into which he fell. He is, however, to be blamed
for persisting in a course of conduct which has landed us
where we are. Had ho thought more for himself, and
acted more in the spirit of a British ruler than an ignglish
diplornatisa he would have found the country in a different
position to what it now is. We have nearly lost our
empire and our influence in the East—if not in the world
—by his policy; and if we regain t'e empire and our
influence, it will be by the adoption of a policy widely
different to that which has been pursued by Lard Canning
and his advisers.--Letter from, Calcutta.

Cl.f.--)THING MADE WITH GREAT TASTE at LEWIS and
COMrA.NY'S, RanelAgli-str*et ,