The Sun.
London, England, 1852-08-16 00:00:00

EVENING,

Pell, being at his house from nine o'clock on the night
of the riot until eleven. I
Mr. Rigby, the m ester of the Pell, and one of the
town council of Stockport, wive him a good character
as a quiet, ,obey, and peaceable man.
air. fIUDDLESTONE said, he had no witnesses to
call on behalf of the prisoner Buttery, and that closed
the case on behalf of the defence.
Mr. WELSBY replied on behalf of the prosecution,
and at a quarter past 4 o'clock his Lordship began
his charge to the jury, and did not conclude until 7
o'clock.
His LORDSHIP said, the simple question the jury
bad to try was whether the prisoners, or any of them,
were guilty of the offence of riot. It was not dis-
puted that riots of a most rerious and disgraceful na-
ture had taken place, and it was unquestionable that
those who took part in them and were found guilty
must be subject to very severe punishment. His
Lordship then went over the whole of the evidence as
it affected each prisoner, and, at the conclusion of
each, gave the jury an opportunity of considering
each case separately. With respect to the prisoners
Slater, Edwards, Preston, and Thomas Walker, the
jury at once pronounced verdicts of not guilty, and
with respect to the others postponed their decision to
the conclusion of the summicg up. After the whole
of the evidence had been read over, his Lordship
merely observed, that the jury, as reasonable men
and as men of business, would consider whether all or
any of the prisoners were guilty, without any refe-
rence as to whether they were English or Irish, Pro-
testants or Roman Catholics.
The jury then retired, and having been out of
court a quarter of an hour, Acquitted Birch, William-
son, and William Walker; and found Pell, Buttery,
and Gleave Guilty.
During the absence of the jury his LORDSHIP in-
quired from Mr. Welsby what he meant to do with
the other indictments ?

Mr. WELSBYI hardly know at present.
The JUDGE—You are aware that under a recent
statute you cannot try for felony after a misde-
meanour.
Mr. WELSBY—I think your Lordship will find
that that Act of Parliament does not apply to this
case.
Mr. HUDDLESTONE asked for a verdict to be taken
upon the other indictments.
Mr. WELSBY declined to accede to this.
The JUDGE—Very well, then; we will begin on
Monday morning, and go on.
His LORDSHIP asked Mr. Welsby whether the pre-
sent jury (they having given their verdict) might be
discharged ?
Mr. WELSBY—I can hardly answer that question.
His LORDSHIP was sorry he could not discharge,
them, as they had had two hard days' work.
it was understood that the seven indictments for
felony against the prisoners would be pressed on
Monday.

NORTHERN ClRCUlT.—Liverpool, Aug. 14.
Mr. Warren, Q.C., of this circuit, has, it is under-
stood, received the appointment of Recorder of Hull,
vacant by the late sudden death of Mr. T. Granger,
M.P., who held the recordership after Mr. Baines
vacated the office on being elected for the borough.
NISI PRIUS COURT.—(Before Mr. Justice
WIGHTMAN.)
TETLOW HOLDEN.
In this case Mr. Overend appeared for the plaintiff
and Mr. Monk for the defendant.
This was an action to recover the sum of 1001.,
which had been deposited with the defendant as stake-
holder to abide the event of a race of four miles to be
run between the plaintiff and one Hayes for 2001.,
on the last Monday in September, 1851. The match
was made in May, 1850, and the whole of the deposits
were paid on Saturday, the 27th of September, 1851
(being the last Saturday in September). The race
was run at Aintree racecourse, near Liverpool, for ,
1001. aside. During the first three miles Hayes was
very much in advance of his competitor, and during
the straight run, just before arriving at the goal, it
was proved that the plaintiff was gaining very fast
upon Hayes, when a man in a fustian jacket stepped
before the plaintiff, tripped him up, and prevented his
gaining the race. The plaintiff at once stated the
facts to the defendant, as stakeholder, and requested
the repayment of his stake.
Mr. OYEZEND, for the plaintiff, contended—first,
that the wager was unlawful, and that before the
money was paid over each party had a right to re-
cover back his deposit. Supposing, however, that it
was a lawful wager, that the event had never hap-
pened upon which the money was to be paid over, and
could never happen, inasmuch as a race could only be
won, within the meaning of the agreement, if both
parties were not prevented from contending against
each other to the end of the race.
The plaintiff was called, and he proved that the
stake was not his own, but was subscribed by his
backers, and that be was to have 5 per cent. in case
he wen the raoc.
Mr. Justice WIGHTMAN held that the money be-
longed to his backers. The plaintiff had no interest
in the deposit so as to enable him to sue the stake-
holder, and accordingly the plaintiff was, nonsuited.

CARTSIDE V. BRADBURY.
In this case the Attorney-General for the County
Palatine and Mr. Uothank appeared for the plaintiff,
and Mr. Sergeant Wilkins for the defendant.
This was an action brought by the plaintiff, as the
occupier of about nine acres of land adjoining some
land and a quarry occupied by the defendant, for al-
leged damage done to him by overflowing and in-
juring his land. For the plaintiff it was contended
that the defendant so worked his quarry and diverted
a watercourse from it, that the water overflowed the
plaintiff's land, and covered it with wreck and gravel,
and rendered the pond in his field undrinkable for
cattle. The water in the pond was so bad that on the
th of May, 1851, three cows in the plaintiff's field
would not drink the water, or, as the plaintiff said in
cross-examination, "they turned up their noses at it."
For the defendant it was contended that the action
was a disgrace to the profession of the law, as the de-
fendant bad offered to the plaintiff to refer the ques-
tion of damage and the whole case to any impartial
person, and the plaintiff had told his attorney he
might do as he liked, but that gentleman had pre-
ferred continuing the litigation. The damage from
the overflowing of the water was alleged to be the
result of natural causes, and it was contended that
the water from a sandstone quarry was not likely to
be of a quality at which cows would "turn up their
noses.
His LORDSHIP having summed up,
The jury found a verdict for the defendant.
CROWN COURT.—(Before Lord Chief Justice
CAMPBELL.)
Daniel Small and Thomas Wood were indicted for
stealing from the dwelling-house of John M'Farlane,
at Speke, on the 26th of April last, 331. in money, a
watch, and a gun, his property; and a watch and
other things, the property of Thomas Edwards and
William Parker.
Mr. Monk and Mr. Ovens prosecuted, and Mr. T.
Atkinson defended the prisoners.
It appeared from the evidence of Ellen M'Farlane,
the daughter of the prosecutor, that she lived with
her father, at Speke-ball (an old-fashioned hall about
seven miles from Liverpool), and that about half-past
9 o'clock on the night of the 26th of April last she
was seated in the parlour with Mrs. Edwards, when
she heard a noise in the kitchen, and on going to the
door she saw three men in the lobby, and asked them
what they were doing. One of the men answered,
" I will let you see what lam doing." This man had
a pistol in his hand and wore a black mask on his
face. The other two men were also masked. The
witness, on hearing this and seeing how the men
were disguised, screamed out and fell down, and the
man struck at her until she became insensible.
When she came to herself she was kneel-
ing with her head on the knees of Mrs.
Edwards, and the three men were then in the par-
lour. She cried on+, " Oh, my father!" and one of
the men said, " Where is your father ?" She told
them he was out, although she knew he was in bed
up stairs. Two of the men then went up stairs, the
man who remained saying, " Make no noise, or
I will
shoot you." He had a pistol in his hand, and his face
blacked. Shortly afterwards the man she saw first
came into the parlour, and the servant girl Mary
Taylor was brought by the other into the room. The
first man then asked where the money was. Sbe
answered, " We have none ;" but afterwards said he
would find the money in the office at the bottom of
the kitchen. He then went out of the room, and a
woman who came for milk to the farm, named Sed
don, was brought in. The man who bad gone out
returned, and said be could not find the money, and
that witness must go with him. She said she durst
not go, as he would shoot her. Ile said be would
not, and' he took her by the hand and led her through
the kitchen to the office. There she saw a man stand-
ing with a candle in his hand, whom she had not be-
fore seen, also masked. On getting into the office she
opened the drawer where the money was kept, but
there was none in it, and she said, " You have taken
the money. She then saw another man there disguised
with a candle in his hand, with his mask loose. She
afterwards saw that man upstairs with his mask off, and
he told her not " to stare at him or he would blow her
brains out." That man was the prisoner Small. The
man who took her to the office took her back to the
parlour, end she lay down on the floor. Shortly after
William Parker, the servant boy, was brought in there
and one of the men struck him twice with a pistol.
"
o
The man who took her to the office then said to her,
" Miss Mac, have you any refreshments ?
said, $$ yes," and gave them some wine. The; askedle
for whiskey, and one of them asked for dairy. The mile and got
some from the man she first saw then
6,
said to her, give me Si. I'll shoot
you," and put a pistol to her face,
when the servant
boy cried out, 6,Don't shoot bliss Ellen and I'll give
you my watch," and the boy gave up his watch.
The man again asked for m •she
had and she told him
had none, but that she could •
give him her brooch and