Northern Times.
Liverpool, Merseyside, England, 1857-07-30 00:00:00

LIVERPOOL

BEFORD. MR. ALDERMAN S. HOLME.

ASSAULTING THE Pomo'. A tall powerful young man,
named William Edwards, was charged with having
assaulted two police officers. About one o'clock in the
morning, the prisoner, along with some unfortunate
females, were in Scotland-road, where they created a
disturbance. The officers wanted the prisoner to go away,
but instead of doing so he turned on and assaulted the
ccuistables. He was well known to the police, and he was
fined £2, or to be imprisoned for one month.
CHARGE AGAINST DON FRANCISCO TOMAS°, THE SPANISH
INTERPRETER.—Don Francisco Tomaso the well known
interpreter who attends the Police Court, was brought up,
in custody of detective officers Scott and Sullivan, on a
charge of having defrauded a Spanish merchant, named
Manuel Alvera Is, out of £4. Mr. Black defended the
prisoner. The history of the case, as collected from the
evidence, was this. On the 16. h inst. the prosecutor and
another parson were at the Queen's Hotel, and not speaking
English, the prisoner was sent for as an interpreter.
He went to the railway station, in Lime-street,
to see the party off to Birmingham, and to procure tickets.
The prosecutor gave the prisoner a ten pound note to
procure the tickets, and the allegation was that the prisoner,
in returning the change, gave four Californian coins,
resembling sovereigns, in exchange. The prosecutor went
to Birmingham, where he remained for three days beforehe
discovered that the coin was bad, and then he mentioned
it to his friends, who communicated with the police, the
result of which was that the prisoner was arrested at
eleven o'clock the previous night by Scott. The cross-
examination of the prosecutor, by Mr. Black, went to show
that the prisoner did not leave his company from the time
they went to the railway until he saw him off in the
train; that the prisoner handed the change in the
room to the prosecutor, merely putting it from
one hand into the other, and that they were never
separate for a moment, and on this Mr. Btu* argued that
it was impossible his client could have changed the coin.
The prosecutor said (through an Interpreter) that at first
the prisoner gave me too much change, and when he
pointed the fact out to him he took one sovereign back.
His worship said taking all the facts of the case into
account—the fact that the prisoner never left the com-
plainant at the station, that he had no time to change the
money ; that the complainant did not say anything about
the affair for three days after he went to Birmingham ;
that he had not given any account of how he changed his
money, er where he had been in the meantime, he was of
opinion that on such evidence, a grand jury could not
find bills against the prisoner. No matter how strong a
case of suspicion hadbeen made out, that would not warrant
him in sending the prisoner for trial. He must thcrebre
discharge him—Discharged accordingly.
ROBBERY AT 14-TETIN IN WALES —John and Daniel Ryan
were brought up, charged with a robbery at Ruthin. Mr.
Black defended. It appeared that a jeweller's shop at
Ruthin, had been broken into and a quantity of property
stolen, and the prisoners stopped, offering five broaches in
pledge, and these were a part of the stolen property. The
prisoners were transmitted to Wales to answer the charge.
ATTEMPT CD Buaanatty —A person named Frederick
Metcalf, wax charged for attempting to break into the
house of Mr. John Hughes, a compositor, in Rolfe-s reef.
The • prisoner was remanded, in order to make inquiry
about him.

BEFORE MR. HAMILTON AND MR. LAWRENCE.

In the case of the trustees of the Modern Druids Burial
Society v John Ellis, which stood a'journed from last
Tuesday, Mr. Aspinall, instructed by Mr Martin, appeared
for the complainant•, and Mr. Roby for the defendant.
Mr. Roby applied for a further adjournment, in order that
his clients also might have the opportunity of instructing
counsel to represent them. The question in dispute was
also one of law, and the case should be heard by Mr.
Manfiad. The society was broken up into several
sections, and as the dispute was of two •years'
standing, a short adjournment cpuld do no injury. Mr.
A spinal'. opposed the application for an adjournment. Mr.
Wybergh : I see that the motto of the society is, " To be
kind and affectionate to one another, excelling in brotherly
love." (Laughter.) Mr. Aspinall: Yes, and the object of
the society is, "to establish amongst the members the
most devoted friendship and zeal for the welfare of each
other." (Great laughter.) Mr. Wybergh : And they
have, in consequence, quarrelled for two years. (Laughter.)
The magistrate decided on granting an adjournment, and
expressed an opinion that the ease should be heard by Mr.
Mansfield. An adjournment for seven days was accord-
ingly taken.

Lieutenant-General Sir C Alin Campbell, G.C.8., has
been appointel an ex!raordinlry Member of the Council
of India.—Smith, Eller, and Co.'s Overland Mail.

-•
A telegraphic despatch from Sr. Petersburg state that
the Russian government has reduced the interest paid by
the Imperial Banks from 4 to 3 per cent.
Count do Nesselrode, since his arrival in Paris, has been
busily engaged in visiting the various sights. Though 87
years of age, tha count is so active that he scarcely appeals
more than 60. —Galignani.
The Paris correspendent of one of the B tlgian journals
states that a marriage is in contemplation at Vichy between
Marshal Canrobart and the widow of a Count d'Esterhazy,
nee Rohan,

TaE CHARGE OF MANSLAUGHTER AGAIN SW
WILLIAM SWIFT.

THE COLLISION BETWEEN THE MAGISTRATE S

AND. THE CORONER

William Swift, the master carter, who stood remanded
on a charge of causing the death of his wife, was brought
up yesterday, before Messrs. Aldermen Henna, and J. H.
Turner, at the Police Cdurt, for final examination. Messrs,
Scott, and Aspinall, as counsel, instructed by Mr. Bluck,
appeared for the prisoner. In opening the proceedings,
Mr. Hohne said, before this case is resumed, I wish to
state that I have received a letter from the Coroner,
giving a somewhat different version of the detention of
the surgeon, to that which was stated here on Monday
last, and in justice to that gentleman I will read it. He
says : —"On Saturday morning last, information was con-
veyed to me, that a man of the name of William Swift had
killed his wife, and that the case had been before the
magistrates for an alleged assault, and dismissed by them.
On inquiry from the surgeon, I was informed that such was
the fact, but that the woman had, since di.d from the
effects of the injuries. On this, after viewing the body
with a jury, I ordered the surgeon to make a post morfein
examination of the body, and to rope the result to me on
Monday, at half-past eleven o'clock, to which day I then
adjourned the inquest. On my way to the court on Mon-
day morning I casually met the surgeon, and inquired
what was the result of the examination. He stated that
he had been requested to go before the magistrates, as some
inquiry was going on before them. I told him he might
do as he pleased, but that I certainly would go on with
m 3, inquiry, as it was an adjourned inquest. His reply, as
nearly as I can remember, was, as he had made the ex-
amination by my order, and having been first summoned
by my court, he would return with me. Having done so,
I was engaged in taking his examination, when I was
informed that a messenger had come from you, requesting
that the surgeon should be sent before you. I replied,
' Give my compliments to Mr. Holme and say the witness
is under examination, and cannot be spared;' and no other
course was left open to me to pursue. I may further add,
that my clerk, whilst getting up the evidence on Saturday
(at least so he says), saw Mr. Superintendent Ride, and
told him of the steps I was taking, and that he promised
to have the principal witnesses and the two officers present
at me court on Monday morning, at half-past ten, but
never said a word about any inquiry about to take place
before the magistrates. P F. CURRY." The Alderman
continued to say—He also feels aggrieved at the remarks
made by me, on havine to adj yarn the inquiry, beceuse
the surgeon was pre engaged at his court. What I said
on the occasion was substantially this. I expressed my
deep regret that such impediments should exist, and stated
my conviction that the question between Magistrates' and
Coroners' Courts should bs clearly d fined, and I expressed
a hope that attention would be directed to the anomaly
which now exi-ts, and which, as in the case then before
me, interfered with the proper administration of justice
I then r,qiested that the surgeon might be sent fir; and
after the lapse of about half an hour, the officer returned,
saying, " The coroner says the surgeon is engaged at his
court, and cannot be spared." Being thus frustrated in
my efforts to carry on the case, I did say that I feared
some unworthy jealousy existed, which ought to be
remove i ; and, speaking hypothetically, I added that if
the facts stated in court were correct, and that the coronet
had interfered to prevent witnesses coming before that
court to establish the guilt or innocenoe of those accused,
Coroners' Courts would become a nuisance, and
ought to be abolished ; but I also added that
from the high character of the coroner, I felt convinced that
he could not have intended to impede the witnesses from
coming forward It is, unhappily, notorious that the
differences between magistrates' and coroners' courts is
not confined to ono locality. The legal jurisdiction of each
ought to be properly ciefined ; for, so long as differences
exist, it will be found inconvenient and undignified, and
will disturb the order and security which ought to
characterise every court of judicial inquiry. It was with
reference to the general misunderstanding which exists
throughout the land that my remarks are directed, and I
never for a moment intended to convey an opinion that
Mr. Civry would wilfully prevent witnesses from coming
forward to give evidence ; and if he has so construed my
remarks, he is mistaken; for, as I said before, his high
character would shield him from such an imputation It
was, however, stated that the surgeon was not under exa-
mine ion in the Coroner's public court at the time his
evidence was required before the magistrates ; and, it
appeared to me, that but for the punctilio to which I
referred, his evidence might have been given in
both courts, without subjecting the other witnesses
to the expense and trouble of another days attendance.
Whatever may be my opinion as to coroners courts
generally—and I shall not hesitate to state it at a proper
time and in a proper place—nothing can be further from
my thoughts than any imputation which could cause pain
to the gentleman who fills the office cf coroner in this
town. But, in frankly stating this, I feel it just to add that
if coroners courts come into collision with the ordinary
courts of justice, it is time for the legislature to define
their privileges, or otherwise abolish them altogether.
The case was then proceeded with, and the evidence given
was the same as we have already published, both flym the
police court and the coroner's court. At the conclusion
of the evidence, the prisoner was suit for trial on a charge
of manslaughter.