Northern Times.
Liverpool, Merseyside, England, 1857-08-20 00:00:00

DUBLIN COURT OF ApMERLLTY.-litrGun 17.

Taal Box Accoan, OF LVIERPOOL, AND Catteo.—This cause had
been instituted by Masers. Jemes Scott and C,., of Qieenstown,
merchants and ship agents, to recover the sa n of £2,064, being the
amount of a bettomry bond on this -barque, • her cargo and freight.
There was no appearance given for the Owners of the vessel. The
owners of the cargo had lodged the freight ita court, and it was
appliable in peyme.nt of the mister and craw, who had instituted a •
snit for their wages, and bad being given for the cargo, the owners
appeared in court'an defendants, and issue having been joined eseth
them by the bondholders, and the CIO being ready for hearing
against the ship in default, the cause came on to-day for hearing. It
apperrs that the B in Accerd, a barque of 310 t ms, to ded a cargo of
Indian corn at Odessa ha September last on a voyage to C ark for
order's. While lying is the Bosphorai, on the homeward voyage, the
master and owner, William Reanard, was dro venal, and nis chief mate,
Mr. Robert Nicolls, was appointed master by the Brit sh Consul at
Constantinople. The ',Teasel having Estate put to sea, she
encountered heavy weather, and part of tide cargo being thrown over-
board, she bore np for Malta to repair, where she arrived in Dezem-
ber, 1856. Extensive repairs being nec emu', tee c Iry was unshippe d
for their c repletion, and the vessel was reeeired at an expense of
.e 1,794:. Captain Nicells lusting no funds, nor the owners credit at
Itra'ta, recourse wan had to teethe nry, and Masers. Bell and Co., of
La Valelai bankers, lent and advanced the required sum at a
preMiuna of £l5 Ise+ cen', and payable eight days aft 'r the arrival of
the vessel at her port of discharge, the sires being ieeured by a
bottomry of the ship, freight, and cargo. The vassal arrived in Cork,
where she w.:B ordered to disehaege, and the bond being demanded by
Messrs. Scott, who ware the assignees, and payment not being made,
this suit was the rasult. On the part of the owners of the ca-go it
was pleaded that the repairs and disbursements male were not made
on the credit of the vessel, but on that of Messrs. Curry, Kaleck,
and Co., of Liverpool, the,moetgaves of the vessel. Mr. Iliff, who
had made all advances, being their agent at Malta, stated.that tiff
hal agreed b take the bills of Carry and Co. for the amount,
bat shortly be'ora the bei.tomry broke 'off this agreement,
whereupon Mr. Carry went oat to pay the accounts, but on his
arrival foani the ho.ad had been passed and the vessel sailed; th +t
he tende:ei its amount, less the premium, to Messrs. Bell, who
refused it, and that therefore the bond was voidable. On the other
hind, if the bend should be Upheld, that it wee li able to reduction, the
premium being excessive, considering the voyage and period of the
year arid thatit contvenei several items which ware not fairly a
Subiectofeeettomry. Counsel being heard on bath sides, and the
objections to tee validity of the bond being waived —The Court
This i 3 a else of a bettoaary heal et seated by the, master of this
British b rque, at Malta to the M333P3. Bell, merch vets of Valetta, in
that island, in order to payoff debts contractenby him with William
Henry 11:ff, a shipbroker, of thet place, far the necessary expenditure
and disbars 'moats of his vessel. The amount thereby advanced
being now claims i by the Messrs. Scott, of Queenstown, the assignees
of that bond, the proceedings have been ta'rea as against the ship by
defaelt. The •Ownera of the cargo hive appeartil, the bond covering
the cargo meetly. an the ship and freight. They have taken
defence, admitting the validity of the bond, and disputing
only ce.-t lin items or particulars inclneted in its 'gross amount,
The course adopted be them is perfectly legicinnate, the case of' the
Hehe, 10 Jar , having decided beyond deubt -that a mister may
borrow money, on •bottomry, from another to pay off deb's of cut's a
nature and to fit his vessel for sea, the ben 1 being perfectly valid,
although there mist ensue a disellewatiCe, of the particular items.
The first item here objected to is the amount of the pre nium—
namely, fifteen per ce it. Tads objectio s is, in the main, grounded
upon the small amount of maritime risk which had to ba encountered
in a voyage from M eta to C ark in titillate,. end of the month of
April by a vessel which had just milergen 3 a complete and thoroagh
repair. Cearts of Admirality do not set aside bonds on account of a
high rate of interest, such being permitted by the civil Lev, which
governs them in respect of these inst uments, as they are payable only
in else tee vessel arrives in safety at her deetination, bat if she perish,
in itin ere, the lender loses ail his principal and his interest.
The, rate of that interest; therefore, is nece,sarily higher than
In the ordinary transectons of life. Having due regard for
the int,rests of commerce. this court wll not lighely interfere
therefore in any way to d:stnrb the security of these long-established
means of repairing disasters i tfereige ports, and will require evidence
of the statepf the me sey market at the pl ,Ce of de line before itcan
pronounce the objection to be well-foancla I.' No such evidence has
teen given in this case, and on the contrary, there is ample proof that
the master; before 113 signed the bend, consulted Peter Cochin°, the
agent of the owners of the care°, on the very point and had his full
approval of the amount in question. The bend itself, which-was el-
ecute,l by all the parties In the presence of a nota..y with all the usual
formalities, recites that the terms up m which the money was lent
were first male known to that same person There being testimony
then of such a nature and so strongly corroborated, proving that there
agent at Valetta had time de'iberately consented to this premium of
flfteett per cent., the court cannot now produce the 'owners thecae-
selves here to ignore his act, the more especially as they allege no
saftlaient grounds for it. The objection, then, with respect to it
must be over-ruled. The next objection comprises tee sum of
£O9 5s 7d, a commission of three per cent. on the grass disbursements,
end £i2 103, a commission of five per cent. on an eclairs:mai
sum of £230. These objections are good, and the sums
so claimed must be disallowed,- the_ agent having broken
the contract under welch he became entitled to snob charges,
and not having proved auy dew or, eastern of Valettato main-
tain them otherwise. Objet ions to farther sums amounting
to £5O lee are else good, these being properly chargeable against
the mart eagses and owners of the ship personally—th +se are, there-
fore, disallowed; but objections are overruled as to a sum of
£5O its id, advanced to,the master, he hiving expended it for ship's
use; and, as to a per tentage of £1 per cent for unsliipping, drying,
storing, and reshipping cargo, this being a beneficial and necessary
act respecti ig it. The amount due on foot of the bond, in gross,
being £1,064 0 s 52, the c mrt, therefore, dire 43 the sums thus
disi'lowed, will interest at the same tete, amounting to £132 13s 7d,
to be deducted fiom it, and decrees the Valence thus foane-N-namely,
41,931 63 10d —to be a charge and lien on the shie, cargo, and
freight in this cense, toeetner with interest thereon at 'five per cent,
from the day that sum became due on the ship's arrival in Cork. The
costs of this suit are also given.

MORE'COMPLAINTS UNDER THE SMOKE
PREVENTION Aor.

Tag ADJUDICATION OF THE ADJOURNED

C ISES.

On the 8 h day of the present month, we published a full
report of the evidence given on the previous day, of a case
that was heard before the then presiding magistrates,
Messrs iDixon and,Smith, in which Messre John Canning-
ton and Co. were summoned by the instructions of the
Health Committee, for not consuming the smoke issuing
from their canes, contrary to the Act of Parliament. On
that occasion the case was.fielly gone into, and the facts
were fully proven, bet' the then presiding magiatrates
declined to adjudicate upomthe case, on the ground that as
Mr. Mansfield, the stipendiary magistrate, had previously,
attar bearing all the scientifi, evidence that had k,en
adduced, was much better quelified to adjudicate upon the
matter than they were—hence the present inquiry. On
yesterday the parties were in attendance, and Mr M'Gowan
applied to Mr, Mansfield to hear the case, but that gentle-
man declined to do so, and the case was cousequently taken
before Messrs. Shell and Crosthwaite, who were then sit-
ting in the second court, to hear all the doCk and to vn
complaints. The Health Committee, under whose direc-
tions the parties were summoned, was represented by Mr.
M'Gowan, the deputy town clerk, and Mr. Wignall, the
inspector of smoke nuisances, while Mr. Jacob Green,
glass manufacturer, of Bsomwich, near Birmingham, and a
represtentative of the Philadelphia Glass Company, and who
had given his evidence on the forrneroccasion, as well as Mr.
Wye Williams, who has gained some notoriety on the
question, was also in attendancs to watch the nroceedings.
In opeaing the case, Mr. M'Gowan said the Messrs. Can-
nington were the proprietors of the glass works, on the
Vauxhall-road. , There had been a complaint lodged
against them on the 5 h inst., but the justices who then
presided had felt at reluctance in Ovine a judgment, and
'had expr'essed a desire that the case should he heard before
Mr. Mansfield, and therefore the case-had been adjenrned.
He (Mr. ll'Gowan) had that morning applied to Mr.
Itletsfield to hear the case, but that gentleman had stated
'that
be had at least a hundred cas=e to dispose of, and,
-tbreefore had so mu:3h work on his hands that he could
not do so ; and, besides, an arrangement had been came
tri that he should disp-se of the criminal busin-s4, and
tnat the lay magistrates would dispsa e of all the local
matters. Mr Crosthwaite : As the caswhas been-heard
before Mr. Mansfield, why is it not taken before him again ?
Mr, el,(er 'wan : It has not been 1-e H before him, bait
Messrs. Smith and D:xon, after hearing the case, expressed
a wis% that heshnuld hear it, and decide. Mr. Cannington
stated that Mr. Mansfield had previously beard the' case.,
Mr. M'Gowan said that wan finite true, but he, in the
present instance, at Mr. Mansfield had declined to hear the
case, proposed to give the same evidence as he -had done
before. • The present ceinpleint was against the Messrs.
Cannington, glass battle manufacturers, of Vauxhall-road,
who had committed a nuisance, by permitting dense
volumes of black smoke to issue from thoir chim-
rep. He might mention that this, and other similar
firms were in clover for sonic four or five years, when, by
the act of parliament, such manufactories—glass works—
were excluded; but some gentlemen, who were well aware
that there was no reason for excluding such works from
the penalties, interfered, and they showed to the legislature, '
by scientific evidence, that such works could consume their
own smoke, and the res. ilt was that an act was passed
abrogating the-clause is the former act, and including such
works in the bill. That clause having been thus repealed,
glass works were included in the act, it being well under-
stood that they could, with proper care and attention,
prevent the escape of the smokeethe same as every other
manufactory. In the month of November last the defend-
ants were summoned before Mr. Mansfield for the first
time, and after hearing the evidence of persons engaged
in the.same trade from Glasgew, Newcastle; Leeds, and
other parts of England, who gave their testimony that,
with proper care and attention, the escape of smoke could
be prevented, the defendants were fined £6., Bit before
that he should have mentioned that a deputation bad
waited on the Health Committee, and had stated that it
was beyond their power to prevent the am oke, and that
committee, ever watchful over the interests of the town,
had sent a deputation from their own body to various
parts . of England, to see what was done in other
places, and the result of their investigation was, that as
it had been done in other places it could be done there, and
hence it was that the parties wore called before Mr.
Mansfield to prove the result of their investigations. Such
being the case, he should certainly call upon the magis-
trates in this instance to inflict the full penalty. But to
refer to the present case, after the testimony given in the
case heard before the magistrates in November last, the
defendants had issued a code of regulations for the work -
men, in which they had stated that it was equally for the
interest of the employed and the employer, that those
regulations should be carried out, and had ordered that for
the first offence a fine of 2s. 61, should be imposed on dig-,
stoker; for the second offence a fine of 6s. and dismissal,
for not complying with those regulations. (Phis code
of regulations we have already published.) He would
ask, would it not be ridiculous for any person to Mitt a
fine on their workmen, for an offence they knew could not
be prevented. But still after having done so, they then
contended that it could not be prevented, and he (Mr.
M'Gowan,) would say that unless these regulations were
ettended to, it could not be ,prevented, but if they were
there would be no necessity for the present complaint,
The Magistrate : But do those regulations refer exclu-
sively to the prevention of smoke? Mr. M'Gowan re-
plied that they did. He then coucluded by saying that be
should call Mr. Wignell, the inspector, and should then
ask the bench to inflict the full penalty. He then called
Mr. Wignall,
,the Inspector of Smoke Nuisances, who
stated that oa the 22nd of the last month he saw dense
volumes of back smoke issuing from the defendants
cone fr nn 8.52 to 9.7 k, from 8.56 to 9.3, and again from
937 to 9.31 p.m During ihat period the
.smoke con-
tinued intense. It was very bad smoke, and very black.
Mr. 141'G swan : If proper care and attention bal been
bestowed in feeding the furnaces, was there any occasion
for such smoke ? Witness.: No ; certainly not. At least
there would not have been any such as I should have com-
plained of. Mr. M'Gowan : I think you have visited the
works since, and have shown the men that the smoke could
b' preeented? The Inspector : I have. Mr. M-Growan :
What did you do there ? Mr. Cannington objected to that
question being put, on the grounds that-the inspector had
visited the works after he and the authorities had left;
and he complained of the discourtesy that had been shown
him in not receiving notice that the inspector was coming.
The Magistrate : At what time did you go to the works ?
The Inspector: &bout seven o'clock in the evening.
Mr. Canuington insisted that the inspector had a
right to go when be was present, between the
hours of one and six, when he should have been present.
Mr. M'Gowan : Would it have made any difference, if Mr.
Canning on had been present. ThetWitnes; ; Ne, certainly
not. Mr 111‘Goivau : Now tell us whit yon did. The
Witness : I first fed the furnace with four spadefull of
coals, and it smoked one minute and a quarter. After a
lapse of five minutes I did the same, and it smoked three
quarters of a minute. I did the same after a lapse of three
minutes, and it smoked a qdarter of a minute. In two
minutes I did the same,' and it smoked three quarters of a
minute, and again in three mieutes, and it smoked one
minute and a epiarter ; -and in two minutes and a half I
did the same, amid it smoked two minutes. The last ex-
periment was tried with the door of the furnace open, and
then again, after a lapse of four minutes, I put
on fear spades full of coals, and it smc ked one minute
and a half. Mr. MtGewan: Then, if the regulation had
been attended to, the smoke would not have been
observable. Witness : Certainly not. This witness was
then cross-examined by Mr.-Cannington, who stated that
he took his observations of the smoke from the Vauxhall
road, and that at the time lie called upon the manager
or foreman, and directed his attention to it, and he
refused to go with me. Mr. Uannington : No, he did not,
hut he pointed out to you the differeoce in the smoke.
The Bench : We don't want to go into that. The point
we have to decide is, was there any smoke at the time the
complaint was made ? The witness : There iss, a great
difference to the smoke at present to what it. was some
time since, I have seen it for three-quarters of an hour,
but it is nitwit better now than it was then.
After some conversation, Mr. Wye Williams was called,
who said he had devoted much time and attention to the
subject of the prevention of smoke, and that for those
FATAL RIOT ON FAISLFY RACEC'URSZ.—On Friday exertions he had received a gold medal from the Society
night, immediately upon the close of the racing proceed- of Arts; and he further stated that with due care and
log=, one of the most disgraceful riots, accompanied by attention on the part of the workmen, employed, the eeespe
bloodshed, and, we fear, death,: took place, on the racing might be prevented with the present, works, but that the
gromel at Paisley. In the .exercise of his duty, a police- works being rude and ill constructed ware capable of great
roan thought fi; to take an , ill-looking Irishman into improvement, whereby the smoke could be altogether
custody. .lie had no sooner done so than he was knocked- prevented. By the Bench : I am of opinion that by
open the bead. with a bludgeon by one of the culprit's proper'care and attention the evil could be remedied with
companions, felled to the groundnand so seriously abused the present works. Ia answer to the defendant, he said
as to cause, as is reported, almost instantaneous death. that be had seen o her similar works in the town, Mr.
-The bystatedere fullewed in pursuit of the miscreant and Redfern and others not in the-town, where the smoke had
cauebt him. He was dragged to the weighieg -bootie and not been seen, and added that from the first time he had
there-bandeuffed, mid afterwards removed to Paisley pri- visited the works, prior to the information in November
:eon. The Teeing was flushed about six o'clock, when 'a last, up to the present time, no steps had been taken
motley bant of miners, numbering about 150, ..and armed to. improve • them. Mr. Cannington then addressed
with bludgeons, issued from the test end of the course in the bench, contending that since they were before the
a phalanx, indiscriminately striking men and swemen on magistrates, on a former occasion, they had done all they
their.way to the grand-stand. A number of gentlemen could to remedy the nuisance complained .of ; that they
gathered themselves together, and made a charge upon the had shut their works up for a fortnight or three weeks to
• tuffiana, but three• of them fell before the onslaught of male improvements ; and, in fact, that they had done all
!tlelr,opponents, and the others, terrified, rushed to the in their power to-prevent complaints, having acted on the
rear, followed ,by stones and brickbats in all directions suggesttons that had been thrown out to them, but they
At this time there was a call that the military were coming. had vet carded out a scheme which had been 'brought
.and the rioters walked off. One man is reported killed, fore, ard by a Mr. Smith on paper, and which badnot been
, another we, witnessed in the agonies of death, and at least tried. Mr. Shiel : That has nothing to do with the potne
, a dozen more, if they live, are disfigured for the term of IDU you succeed, for a certain time after you issued those
their existeaue, Glasgow Courier. regulations, in preventing the smoke. Mr, Oanningtcle- :

TOBACCO WAREHOUSES, AND OTHER CUSTOMS

ALTERATIONS.

The bill introdece l•by the Government for the alterations and I
amendment of the laws and duties of customs, contains clauses relat-
ing to a variety of matters of local interest, and may be regarded as a
supplement to the measur, , proposed by the Chancellor of the
Ex hequer, on Tuesday last. The alterations of the ric3 duties,
imposing- 41c1 the cwt on rice dust, was originally part of that
measure, but is now included in the remand bill, which on the other
hand, repeals the duty on oxymnriate of tin, and ',educes the duties
on felt hats, dried. plitms, and French plums and prunell,s to th
extent of 50 per cent.• In Bettor the customs now charge stile' upon the
ships broken up, or intended to be broken up, British built vessels in
such case are to be free, and foreign vessels are subjact .to an ad
valorem duty of 4 per cent. The authority given to !the Commis
&niers cf Customs by the Cisterns Consolidation Act of 1853, to
provide warehouses for t lbaCco, is repealed ; bit prov isions are
inserted for the continuance of existing warehouses for tobacco
already warehoused, which may remain on th, terms now existing
Powers are given the commissioners to approve and retain tobacco
for general purposes; to surrender them to the owners or other
persons, and to arrange with the proprietors or occupiers of any
warehouse co surrendered for the deposit of warehons d tobacco until
cleared. Provision is made for the warehonting of future importa.
tions of tobacco ; and it is enacted that all tobacco abandoned f y the
owner as not worth the duty shag be destro ,e t in such a manner as
the Commissioners of 'Customs may direst, and at the cost of the
owner. Defendants in Customs cites are not to be required to
give evilence. Doubts have arisen whether the Customs
Consolidation ACeof 1853, end the supplemental' act of 1855, are
applicable to British possessions abroad, it I. enacted. that ihose and
the present act shall so apply, except in cases expressly provided for
by the acts in question, or by any colonial act. The importation,
exportation or removal coastwise of 'any Spirit, except colonial rum,
into or fro n the Channel-islands, is prohibited as retards vessels of
less burthen than 50 tons, and casks of less capacity than 20 gallons,
on penalty of foleiture of the spirits and the vessel but but this doe
not extend to spirits in bottles, ships' stores, warehoused 'goods in
regular trade-084r less than 4) tons b dth tv,r licensed boats of
ten tons supply' g the island of Sark. Both th s bill and the one
affaztiori the tea and sugar duties aro intended to come into operation
On the day they become iaw.

WILI tkT is CJATING to ,LIVERPOOL on the
inst
THE GREATEST NOVELTY IN THE WORLD !
WHERE 'IS IT TO BE SEEN ? .• •
THAT'S THE QUESTION.

d eel

We did aba'e it. Mr. Sheil : But I ask-:.you did yon
succeed, for a certain lime, in preVent-Ing it. In
fact, was
ethete any complaints made againo you,
Mr. Canningtim : No. Mr. Shier: War;
ask the- inspector was there any . cOmeliints
made against the defendant from the time be
was fined ? The Inspecto• Not. until after ithe- Vied- of
March, after November when he was fined, and after that
I serveu him with notices 23rd of March, the 3fith of April,
on the Ist of June, and on the present occasion. Mr.
Shiel : Did you, vis!t the works regularly during those'
iotervals l The Inspector : I did. Mr. Cennington ;
have to say that we have done all we •eo ald possibly do -to
carry out the regulations. Mr. Shiel : We are n-it-here to
judge of the regulations—we are here to judge whether there,
has been any smoke, and to inquire into your regulations is
not our busin as. We are not to know whether your
regulations alt suffieiefit or not. brat our duty is'to decide,
d d you, or did-you not prevent the nusance arising
from the smoke.. It appeared by the evidence thntt you
did succeed to do so• for a certain length of time, from
November to March, and if yon did that, you could do it
afterstrds. Mr. Cannington We have done all we.can
to prevent it. Mr. MiCeOwan : I shall not detain the bench
with any further oloservalons. I hate shown that they
did prevent the nuisance for a certain length of time, and
could continue to do so with their-present works, with dire
ca'e and attention on the part of their workmen Mr.:
Cannington. then called John Stirinp,:the resident manager
of the works, who. stated that since November las`, the
regulations issued:had been strictly attended- to. He a'so
stated, that when , the inspector had visited the woke
that he had told him- it was not smoke.that was issuing
from the chimney, bat the steam from the "flux" of
the s and, and invited' him to to -the' works and
visit it, but that he had refused so to do. . In answer to
Mr. M'Gowan, he said that the steam from the fl ax was-
of a light brown eelourehnt when it became mixed with
the smoke it was very. blatk. JarneS' Moorcroft, the head
melter, stated that at the time the inspector vi it'd the
works he was stirring up the pot, and that it was the
steam from that, that was issuing at the time; but id
answer to Mr. M3Gowan, be said that he was engaged
inside the works at the time, and that if the regulations
had been acto'l on there would not hove haen'se Much
black smo!ie as if they. hal. The inspector Was then called

by the bench, an i hesaicb that when he aaw it it was dense
black smoke that was issuia,x-frotn the cone, and certainly
not vapour arising from the one. At this j incntre of the
inquiry, Mr. W.; Williams requested .to have one of the gas
burners lighted, which having bent done, he at once
rraceeded to fhlW, how the escape of smoke could be Lre-
vented. To illtistrate thin he. let the gas burn in the
regular way, having a draft of air below the burner. when
a clear and smnkfl-ss light was visible, but the instant he
stopped that current of air with his h indkerchief the light
was impure, and a dense mass of smoke was observable from
the flam Aftera brief conversation, the bench said they
were clearly of opinion that the off,nce had been proeed;
and ordered the defendant to pay a fine of £5 and costs.

A. 11IAGISTRATE WANTED.

After this case had been disposed of Mr. Cross&ld left
the bench, observing that he could not sit any longer,
because had another appointment, and could net poe-.
sibly stop any longer. Air. Bache said that he did think
it very unfair that he, having been "summoned for twelve
o'clock, aid having been in attendance from that time,
should be stopped. He intended to leave by the two o'clock
train, but had been disappOinted in that ; and now-he
could not, after waiting all that time, ,have his 'case heard.

le did not think'that that was fair treatment. Mr. Sheil

What am Ito do. I. am willing to hear the am, but the
law will not authorise one magistrate, to do so. lam
sitting here, although it is not my turn. Mr. Made :
Bit we want Tau. assistance, and I shall he most happy
to abide by your decision. Mr. Shell : But I can't hear
the 0189. Mr. Macer 3: All I was going to ask is, that you
Would allow the inspector to come to our works for one
day in his old coat, and let him work, and if .he can pre-
vent the smoke, we shall ha most happy to pay a• double
flocs. Mr. Nl'Gawan : Yon must, let us have the pram.

(Laughter.) It was then suggested that the other c3Bes
should be adjourned, but while the conversation was going
on, ➢ir. Aikiu entered the court, and the following eases
were disposed of

BEFORE MR. SERIL AND MR A7RDT.
Messrs. John Stevens and Co., of the nice Mills, 19,
Elenry-street, were summoned br an infringement of. the

Smoke Prevention Act.

Mr. Wiguall was -called, and he

proved tint on the 10th instant he observed dense volumei
of black smoke being emitted from the defendants' works,
from 4.2 to 4.9 p.m. He also proved that he had on
previous occasions served the defendants with five notices;
and that the works were in good and excellent order and
that there was no occasion for such smoke. Toe defendants

POLICE INTELLIGENCE.—YEsn UDAT.

,LIVERPOOL. -
BEFORE MR. MANSFIELD.

LESPERATE ,GARROTE ROBB MY • HOUGHTON -STRUM—.
A well-known character, named John Piekavance, alias
"Honse-shoe Jack," was brought up by detective officers
Laycock and €mith, on the filloveiog serious charge. It
appeared that about half-past ten on Monday night, Mr.
Wm. Ramsden, a surveyor, residing at 7, Parliament-place,
was passing through Houghton-st., when he was suddenly
seized by two mains, who dragged-him into a passage,
struck h;m several blows in the face, kicked him desper-
ately in the legs,. knocked him down, .and robbed him of
£8 and his gold watch. He struggled hard with his
assailants, but- they overpowered him by maltreatment,
and got away. with the money and, watch From a
description of the robbers, the officers arrested the prisoner
-in the beerhouse of Jem Clark, in the same strew,
and the prosecutor identified him (amongst seven
persons) ae one of the persons who assailed and robbed
him. The prisoner was remanded. [several times, here-
tame, in recording desperate outrages committed in this
'street, at all houre, have we called on Major Greig to look
to this place, by placing an officer on duty there, in order
-to pro4ect the public from such outrages, and we predicted
.thy if this was not done, we would have to chronicle still
•further cases of outrage. Our prophecy has again comb
to pass ; and if our suggestion be neglec'ed, some other
"authority" than the M;jor must be appealed to on the,
subject.]
TinirEATENISG LANGVAGE.—EIIen Chriey was charged
with threatening the life of Mary. Anne Gorman. The
complainant was servant to William Swift, who is at
present awaiting his trial for the manslaughter of his wife,
:and she (complainant) is a witness in the case ; and the
prig -mer, who•isa friend of swift's, met her at St. George's
Hall, and threatened her life if she gave evidence against
him. The prisoner was orde-ed to find two sureties in
£25 each to keep the peace, or, in default, three wonthe
imprisonment.

euttrous.—A young fellow named Thomas areally, was
charged by two young women named Bridget Brewen, And
Mary. Fegan,. under the fotlowit g circumstances. The
complainants said they lodged in the house of the pri-
soner's mother, in Midgehall street. They slept in the
one bed, and in the seats room. the .prisoner's mother, his
aunt,,and four other women also slept. The prisoner was
out at a "wake," and came in between two and three in
the morning. Hagot into bed with the complainants, who,
as soon as they discovered him, ran lir() the street, and
called an -officer. • Meantime,- the prisoner g)t into a cellar,
and armed himself with a small cleaver, with which he
mada several desperate efforts to " open the skull" of the
constable The prisoner was remand'd.
CONFECTION 4El' versus OYSTERS.—WiIIiam Allbut, a con-
fectioner. residing in Hunter•-• Street, charged a female,
named Eliza M'Donnell, an oyster seller in the same
street, with having threatened and annoyed him. Mr.
Bluck was for the complainant ; and told ,such a set of
grievances committed by the " fish owner " on the-
" sweets," and called such evidence in - support of the
case as induced his Worship to order "oysters" to be.
bound over in two sureties of £5 each, to keep the peace
towards the complainant, or to be: imprisoned for one-
months •

pleaded guiltv,.and were fined 20s. and costs.
Messrs. M'Fie and Co., sugar refiuerr, of Temple court,
were summmed for having, on the llth instant,' permitted
dense volumes of black smoke to issue frog their premises
in Temple-court, on the above day, from 2.13 to 2.26 p m,
Mr. M.Gowan said it was with extreme regret that the
Health Committee had ae-ain to trouble those gentlemen to
appear before them, as he'well knew that Mr. hi'Fie had
dale all he mid to prevent the nuisance com•r-dained
of. knowing that suc'a could be d•lne; but some
of the partners being of a different opinion, in which the
workmen rejoiced, they did not carry out the rules. But
with such a firm as the Messrs. M'Fie's. he must ask to
have the full penalty it,fl eted. Mr. Wignall was then
called, and he proved the case as laid in the information,
and also that the defendant had been befn-re fined four
times for their works in Batchelor-street, but not once for
the premises in Temple-court. He also stated that the .
works were in a first-rate condition, and that at the time
that he had directed the manager's attention to the smoke,
he had admitted that the man had put too much coal in the
furnace.. Police-constable 180 waS called, and he folly
corroborated the statement made by Mr. Wignall. Mr.
M'Fie addressed the bench, urging that they had done
all that they possibly could to prevent the smoke, and
called upon the bench to let the -inspector go to the
premises for one day, and try what he could do in prevent-
ing it, and that if he succeeded he shOuld have no objec-
tion in paying the double fine. Mr. Aiken : If we were
to do that we should require an hundred Mr. Wignali's
in the town. Mr. M'Ketizie, the manager of the -corks,
was then c3lled, and he admitted that at the time the in-
spector had made the complaint he had told him that the
man was behind hand in his work, and had put on an extra
quantity of coal, and that since the, occurrence the man
had been fined, and was under notice to leave. After some
desultory conversation, in the course of which Mr. Mac Fie
urged that he had done all that he, as the owner of the
property, could do, to prevent the smoke, and contended
that it .was the business. of the informants to take
proceedings against the employees, and not against
the employer, which argument was at once annulled
by Mr. \Vybergb, who quoted the section of the
act under which the • information was laid. Mr. Shell.
asked Mr. M'Fie if he fined the man for doing that which
was impossible, Mr. PriTie:: We did fine the than.'
Mr. Shell : Then I do not think we shall be very wrong
in fining. you, as-you are responsible for the acts of your
servants. Mr, M'Fle again urged his request that Mr.
Wignall should go to his works for one day, and see if he
could prevent the smoke, upoa which Mr. M'Gowan gave
his former answer, that if he would give up his profits for
the day,. he (Mir. M‘Glowae) waild undertake tarot there
should be no nuisance to the public trom the smoke. The

_
bench fined the defendant 40a and costs.
Thomas Gilber son, flour nuiller,-of Nailor-s:ree, was
summoned for the-same offanee on the 15th inst.,, when he
allowed volumes of black smoke to issue from,his premises,
from 4.2 to-4.9 p.n. Mr, Wigaall proved the else, and
also stated that the defendant had been s.etved with five

no:ices for a similar- offence .on previous occasions. The
'offence; was admitted, and the defendant was tiaed 20s. and
[ costs.

Messrs. Benn, Redfern arid of the glass works
Kirkdale, pleaded guilty to a similar offence on the 2nd
inst. The offence was, proved by Mr. Wignall, and the
defendants were fined £5 and c..sts. this being the third
time they had been summoned,.
Mr. Thomas Irwin, soap boiler and lard refiner,, was
summnoned for the same offence,. Mr. Wignall proved
that on the 11th instant, he saw dense volumes of black
smoke issuing from the defendant's works 10,24 to 10.34
on the day in question, and, that he had previously served
five natioes on_the defendant for a similar offence. This
was corroborated by, police constable 334. The defendant
plelded guilty, and. aa 'ne had been before fined, the bench
imposed a penalty of .45. and costs. The above ewe excited
the greatest,amount of interest, the court being filled with
gentlemen inteNsted in the proceedings

WITHIN TUN ARCTIC CIRCLE.—HOW shall j give YOU
an idea of the wonderful panorama in the midst of which
we found ourselves ? I think, perha'pq, its. most striking
feature was the stillness—and deadness—and impassibility
'of this new world: ice, and rock, and water surrounded us;
1101 a sound of any kind interrupted the silence ; the.sea
did not break. upon the shore ; no bird or any living thing
was visible; the midnight sin—by th;s tim 3 mein ad in a
transparent mistshed an awful mysterious lustre on
glacier rind mountain ; no atom of vegetation gave token
.of the earth's vitality; a universal nurribness and dumb-
ness seemod to pervade the s ditude. I suppose in scarcely
any other part of the worli is this appearance of deadness
so strikingly exhibited. On the stillest summer day in
England there is always perceptible ,annndertone of life
thrilling through the atmosphere ; and though no lareez
should stir a single leaf, yet—in default of motion--there
is always a sense of growth ; but here not so Watt as a
blade of grass•was to be seen on the sides of the bald expc-
riated hills. Primeval rocks and eternal ice cony ikete,d the
lane soar.—Lorcl Du Perin,