The Sun.
London, England, 1852-08-10 00:00:00

ASSIZE INTELLIGENCE.
OXFORD ClRCUlT.—Gloucester, Aug 7.
CIVIL S 11).E.—(Before Mr. Justice CELSSWELL.)
MASTERS V. JOHN,ON.
Mr. Whateley, Q.C., and Mr. Phipson appeared for
the plaintiff; Mr. Keating, Q.C., and Mr. Gray for
the defendant.
The plaintiff was a commercial traveller, and the
defendant a wholesale draper at Birmingham, and the
action was for 1661., the balance of a three-quarters of
a years' salary at 2501. a year. The chief question
in the case was, whether the plaintiff was engaged by
the week at 41. 10s., or by the year at 2501. Both
plaintiff and defendant were examined, and they swore
point blank against each other, the plaintiff swearing
that it was a yearly hiring at 2501., and the defendant
swearing that it was only a weekly hiring at 41. 103.
Each was corroborated to a certain extent by other
witneasee and evidence.
His LORDSHIP, in summing up, expressly told the
jury that, whatever way they might decide, it would
be impossible to arrive at any other conclusion than
that either the plaintiff or the defendant came into the
witness-box with a deliberate intention to forswear
himself and deceive them.
The case commenced about two o'clock yesterday,
and did not close till ten o'clock to-day, when
The jury, after a few minutes'consultation, found a
verdict for the plaintiff for the full amount claimed.
The following case was tried before a special jury :
CIIESSHYRE V. NORMAN.—LIBEL.
Mr. Alexander, Q.C., Mr. Keating, Q.C., and Mr.
Fallon appeared for the plaintiff; and Mr. Whateley,
Q.C., and Mr. Pigott for the defendant.
This was an action against the publisher of the
Cheltenham Examiner, for a libel on a Cheltenham
attorney. The libel appeared as an advertisement, in
the shape of a letter from " A Looker-on" to the
editor. After alluding to two cases of alleged ob-
struction and assault, brought by a Mr. Blagdon, a
county magistrate, and the Rev. Mr. Shute, against
a man named Hill, and heard before two magistrates
at petty sessions at Cheltenham, when plaintiff ap-
peared as Hill's attorney, the libel stated that he,
" after most unnecessarily having attempted to brow-
beat Mr. Shute, and seeing that the case was evi-
dently against his client, got up, and instead of
making a defence, commenced a most bitter and un-
provoked attack upon the character of Mr. Blagdon
—assailed him with the vilest epithets, and charged
him with the meanest motives, by no means re-
straining his observations to the truth or the evi-
dence before him. This conduct, though extremely
bad as disgraceful in itself, I do not so much find fault
with, and doubtless Mr. Chesshyre thought it was his
proper line of business ; and, not pretending to be a
gentleman, of course he cannot be supposed to have
any respect for the feelings of a gentleman. So this
point I dismiss. But really, Sir, I think any right-
minded man must feel exceedingly indignant that the
presiding magistrate could allow an attorney to vilify
and a'perse the character of a country gentleman, a
member of the bench on which he was sitting, and, I
may add, who has been a member of that bench for
a number of yeara—that be permitted such slanderous
and disgraceful language is most lamentable. Such
violent language es Mr. Cheeshyre used ought to have
been checked at the outset; or, is it come to this, that
a gentleman cannot appear as a witness in a case with-
out being insulted to his face by an insignificant at-
torney who may be entrusted with a vagabond's de-
fence. The presiding magistrate's duty was plain. No
such language should have been permitted; if such
infamous conduct were universal our courts of justice
would soon be converted into bear-gardens, and any
gentleman who might happen to thwart the views of a
paltry attorney might be called upon to listen to lan-
guage which, according to the established rules of
society, he evidently could not resent. In conclusion,
I am sure you will agree with me when I say that it
augurs badly for our town, when a bench of magi-
strates will listen to the insulting tirade of a vulgar
demagogue, who would court popular favour at the
expense of truth and justice. As Mr. Blagdon very
wisely remarked, such conduct as Mr. Chesshyre
displayed may win the applause of the mobility. But,
Sir, is the bench to be mobbed ? are our laws to be
hoodwinked? are the ends of justice to be defeated
by impudent blusterers ?" Immediately on the appear-
ance of this document the plaintiff desired that the
author should be given up ; but the defendant de-
clined to do so, and said he should be legally respon-
sible for it. Thereupon this action was commenced.
The defendant pleaded not guilty, and a justification
to the effect that Mr. Chesshyre's conduct at the
petty sessions warranted the description given of it.
The evidence of the two magistrates who presided on
that occasion completely disproved this justification,
and showed that the plaintiff's conduct was most pro-
per and becoming, and that the utmost that could be
said against him was, that he was irritated as well as
Mr. Blagdon, and that he did say that the charge was
a trumpery one, and that he used the word partisan
-in reference to Mr. Blagdon.
Mr. WHATELEY, in addressing the jury in mitiga-
tion of damages, urged that the libel was an excellent
advertisement of the plaintiff; for which he ought to
be thankful ; that to publish of him that he browbeat
a county magistrate was very likely to make his for-
tune ; that he must feel so in his heart, and that he
would never have thought of bringing the action if it
were not for the temptation of costs.
The jury, after a short consultation, found a verdict
for the plaintiff—Damages, 403.
His L"DsHIP granted a certificate. for the costs of
a special jury.

had so outraged the law must undoubtedly be
punished. In considering the cases of rioting which
?Joule he 'eed before, them, the grand jury
would
ascertain hew far the prisoners bad ne in pullieg
down cud demolishing- any places of g worship. Wit h
the view of guarding the religious rights of the
Roman Catholics, the statutes to which be bad re-
ferred were in force for the purpose of protecting
their religious places of worship. Now, if they should
find that any of the prisoners charged proceeded so far
in their rioting as to begin to destroy and demolish the
chapels of the Roman Catholics then they would come
within the statue, but they must be satisfied that th ere
had been an intention to demolish, either by re or
some other mode. It was not necessary that the
places of worship should actually
molisbed, because it might be that the presence of
the police had prevented the demolition being cam-.
pleted. The intentional beginning of the work ct
demolition was sufficient to bring the prisoners within
the meaning of the statute. In the year 1780 theY
have been de-
all knew what dreadful excesses took place_ by in:
furiated mobs pulling down houses and chapels, ell!
it was frightful to contemplate such lawless proceed
ings taking place in the present day. For the prro
tection of society, no less than for the hono checked,n
country, such disgraceful outrages must bee
These
and the authors of them severely punished.
proceedings at Stockport appeared to him t°
riotsbe no
less an outrageous violation of the laws than the e
which took place in the thee of the late Lord Ge°!egst
Gordon, and he repeated that it was of the greti`q,
importance that such outrages should be
put down. He did not wish to address the,in
efeectaizi
the question of religious differences and 0n°3113,
ties, neither did he wish to allude t° ; ted
acrimonious feelings which he feared ells of
to too. great an extent between certain ell:geo,8 in
Englishmen and Irishmen who might be re'i",r3t;ere
such places as Stockport ; but he must rerej,n" d" 03,
that as Ireland was a portion of the United Oelq reg.
the Irish had as great a right to take up
, irbefore
dente in Stockport as any of the gentlemen With
him had to reside in the county of Chester.
rise
regard to the charge of homicide which becitlirrined
out of these charges, the coroner's jury had re'ti- It
a verdict of wilful murder against the prisoner•
of
would he their duty to see whether the charge The
fused.
murderosti
owas i
o fully.this brought
werehome
ver tol tnhge
and ri s oveeer; coond•
It would appear that the prisoner struckeopie
nion that the blow with the poker was
deceased with a poker. Now, should they be °`
inflicted, then it would be a case of murder' was
however, they should be of opinion that the bloveid be
struck in the heat of the moment the offence w°ll
reduced to manslaugh'er. After some further gepe
to the
remarks his Lurdsbip dismissed the grand jurY
duties. tbe
The hills in the Stockport case were before be
grand jury when our report left. The case excites t
most intense interest, deliberateif,

SOUTH WALES ClRCUlT.—Chester, Aug. 9.
CROWN COURT.—(BeforeMr.Justice CROMPTON.)
The asizes for the county of Chester commenced
to-day. Mr. Justice Crompton presided in the Crown
Court, and Mr. Justice Taifourd at Nisi Prius.
Numerically the calendar was lighter than usual,
but several of the cases, including the Stockport
rioters, were of a serious character.
The grand jury having been sworn,
Mr. Justice CROMPTON proceeded to deliver his
charge. He said he was afraid that he could not
congratulate them as he had had the pleasure of
doing the grand juries all around the Welsh Circuit,
as to the state of crime in this county. Although
there were not so many cases in the calendar as there
had been on former occasions, yet it contained a con-
siderable number, and many of them were cases of a
serious description. Among them he found that there
was a very frightful case of the murder of a mother by
her son, which would very likely involve the state of
mind of the individual charged with the offence.
After alluding to some of the general cases in the ca•
lender, his Lordship dwelt at considerable length on
the charges arising out of the Stockport riots. He
lamented extremely the disturbances which had re-
cently taken place in the large manufacturing town
of Stockport. Religious animosities seemed to have
arisen between the Roman Catholics and her Ma-
jesty's Protestant subjects in that town, and in some
measure also a feeling of hostility between the
English and the Irish existed. It was very
much to be lamented that these dissen-
sions should occur, but it would be for the
grand jury minutely to inquire into the charges
preferred, to see if the law of the land had been
violated and the Queen's peace broken. Probably
they might find that the law had been violated ont
both sides, and that both these parties had brought
themselves within the terms of the:statute bearing on
the offence. He should not think of reminding
at each
g
'n
gen-
tlemen like themselves that theymust l
madere g outard
individual case in order to see how it w
against the respective pr outoa sany
Should they find the charges brought home to any of
the prisoners the law must be
to what might be individualtheishre with
feelings of each.
veienudl ic a t ebdt
, and
yield
the
parties be taught that weto
parties must d not
those outrageous mobs which the laws of England
so strongly deprecated. One of our lat
e Judges had
said " he thought it right to show the abhorrence
with which the laws of England viewed the riotous
assemblages of the people. If any portion of the
community feared that their religious rights were
interfered with they must be protected. The law
protected them in their persons and property and
in the exercise of those religious rights which were,
perhaps,
dearer to them than their lives—the
to worship their Maker in the form they
hriagdhtinherited from their fathers. In this respect the
law of England placed the Roman Catholic on the
same footing as the Protestant, and protected their
places of religious worship. There were statutes in
force particularly bearing upon their religious places
of worship, and it was of importance that they should
have every confidence in the just administration of
the law with regard to themselves. The Roman
Catholics should have confidence that the Govern-
ment would not interfere with them in the exercise
of their religious services, and, indeed, there was the
pledge of the Crown to that effect, for, on a recent
occasion, warning the Roman Catholics against the
violation of some particular statute, the Queen was
advised to say, " We are resolved to protect our.
Roman Catholic subjects in the exercise of their reli-
gious rights." While they kept within the law the
rights of the Roman Catholics would be as much re-
spected as the rights of Protestants themselves. In
these cases their duty :;would simply be to inquire 1
whether there had been a violation of any particular
law, either on the one side or the other. The Learned
Judge, in continuation, proceeded to point out the
bearing of the law upon the subject. They ___________ , .•
rd
DIED. perels
were, perhaps, e lii aware that where two or
On the 30th "alt , at Boulogne-sur-Mer, James
' such Tupper Isa M late of Paris, aged 78. f the Istte
three persona were assembled, together and a
On the sth inst., at Arno s-g ,
..e wife
Midd e
wi
riot took place, the lax was violated, and ap. ••• ,-s. , , . D.,
d to have been the cce as regarded the charges
geared John 'A al ker, aci , of Arno's-grove, Southgate,Louisa
pole, 1 of
He bad not had an opportunity of On the 6th inst., at Brighton, the Lady
late Ear
in question.
the
' rove Sarah widovr.o , ex,
withall
making himself acquainted
s 100
these alleged outrages, and, indeed,. had he done so, L
Orilla:. 6th inst., at, Camden-road-villas, Jame
he should not have considered it necessary to dwell Es Bart., and daughter of
q aged 84.
____________f
______—__
.._..,G, 0
upon them before the grand jury. If they found,
Published by MURDO Y 0.,," 1159
was alleged, that the persons charged had been en- Lo-idau : Printed and . Sun ©f al: of
Strand, Printer, at The
gaged in pulling down and demolishing places of re- No. 112, t
as e. !------ ____
e I'
ligious worship, then in that case the persons who Strand,. Tuesday, Aogut 10, 10:,
; waloilexa
le Sthra P ecinct of the Savoy. ill 00 °°”----

RAILWAY SHARE MARKBT''-'4*
BRISTOL, AUG. 9. &ar
STOCK EXCHANGL—The market was aomawha.
t -„ns
to-day, but there was little business doing. Great e—
were done at 99.

LIVERPOOL, AUG. 9. dayv
STOCK EXCHANGE. - Our share market appears to' rday►
have recovered from the depression of Friday and Sattitate.
but still is not strong. The unfavourable half-YerlY shave
meats and diminished dividends of the leading railwale
depressing
given a shock to public confidence, which has a East
effect upon prices. The transactions were Si follow':
‘ll Ditto,
Lancashire, 17 % —Lancashire and Yorkshire, S l.iresrernt
151/8-14 d and IC°llu- '1
---
125% —Ditto, New Quarters,
Preference, 6 per cent.,
31
yn
_onDi
1 'di ad 737'1
Manchester, Sheffield, and Lincol , 8 2' MI a '
,0138/hire,3'
—South-Eastern and Dover,
. .
MANCHESTER,Aug 9 11 this
STOCK ExCHANGE.—The share ket op
mar ened we close.
morning, but declined in a slight toWards its ,_
degrees _,.1,......5heffie10.,
The transactions reported w
3_3%—Midlands, 73
IA _
East
Lancashire,ereLeed )1% A_Ditto, Pr:
Caledon.
_.O:
.t2rence, Quarters, 9%4—Eastern Counties, 10%-
oli —Leeds, Fifths, 4%, dis.—Manchester and Birthing"
ham (C). Quarters, 115 16 S - p. out - h Eastern and
tto, F ft", 4/i P,,
Dover, 20 -'3.

.00
The reports of the state of trade in the prov.foo of
for the past week show, on the whole, a slight diminutover
activity. At Manchester business has been on a s"":(10-
scale, in consequence of lessened shipments, but the hot:lw
mand has continued large. From Birmingham it i , wets
tioned that a strike is expected among a large class w.ices,
in the ironworks, owing to the late improvement in P' the
and that it will probably be met in the same way fiscieg
strike of the engineers was met in London at the beg% the
of the year. The inconvenience from the disturbance I 00,
copper-rnarket is still felt, but in all other branches of Treace
facture there is full employment. The meant aPPe"Thces
of articles of new design is stated as one of the consequ
of the Exhibition of 1851. In the woollen districts re
ibsecenonnsuidmerearboules,,
aanitdhrheh
Anhiot quite tlrra.
trade have
same extent as in the preceding week and prices 8r s
transactionsTheexport
larger than usual. At Nottingham theret has been nlt'ea-
ticular alteration, but the Australian
shipments create
dine.ss. The Irish linen
rather dull.
d
market has been
have Cure
[ADVERTISEMENT.]....IIOIIOWay's Pills
7,r... South
an affec i t Extract te Liver and Kidne .ii at
, sydnehl""of syd•
Wales. of a letter from Ar. J. K. Heyden, sire.
!ley, dated Sept. 30, 1847:—" To Professor Holloway ictiea,
I___ have the pleasure to inform you that Stuart A. listiorste
Esq., an eminent merchant and agriculturist also a inigees 0
of the town, purchased of me 141.gworth of your 1126 eene!
erican 0..
forward to his sheep stations in.Piew England, in OPo, of b 1
of the extraordinary cure performed in ten days sl r the VI
overseers of an affection of the liver and kidneys, s't:oed)
medical advice, tried for months, had failed. (°le' rf 0 1101'
K. Heyden."—Sold by all druggists and at Pre-els
loway's Establishment, 244, Strand, London.
i g Pliffr
VALUE OF LAND.—We insert the foliose-1- wile
graph for the consolation of any antiquated politic,..avius Will
still clings to the notion that one effect of the ceill'n'ender 3
be to throw land out of cultivation, and of course rctieneth
worthless :—On Wednesday last, Mr. Hoggins, au West
West
sold at the George Inn, in this town, two fields, cal` counti
Pennyfine Farm, situated in the parish of LamesleY!..rd, of
of Durham, containing 25 acres, for 1,6301., being aPnbvits
49 years' purchase upon the rental. We entreat our iiorifet
contemporaries to copy and publish this crumb of c°11"
desponding souls.—Newcastle Guardian.
T-- T T —Llst• - - deliveries of

HE EA .BADE.-Llst week the
tea in London increased a little, being 654,2811b5.

BIifTHS.
OF A 50N1103114
of
On the 9th inst., at 47, Russell-sq.uare, the wife -- 8
Morton Peto, Esq., M.P.
O Wife
On the sth inst., at Hanover-terrace, Notting-hill, the
of Leonard Carew Gwyn, Esq.
ville.
n the 6th in6t., at Eatin-equare, the Lady 11°-" Gre-
On the 6th inst., atOFßAugnb3A,,uothneTEwaif
wife of G. G. Bricliel'
Esq. ~.-----

MARRIED
On the sth ult., at the parish churc.h, St. DUnStall'Sfi
0,..,
!ley, Thomas Lintott, Eqi , on son of Thomas L'n.thii,
Esq., of Colebro6ke-t '". Islip Hannah I°lll.
errace, gton, to neY
second daughter of the late Mr. George Ashton, of Step
green. Jones,
On the 3d inst., at the parish church, Sheffield, near
second son of the late John Tennant,a Esq., of Riddings,, 12,
Skipton, to Frances Elizabeth, youngest daughter 01 '
Pei-. John Gibson, hi A.
____—..------------
S.ts

--
THE LATE FATAL ACCIDENT 1141 7$
BRISTOL CHANNEL
On Thursday we gave the details of a ninstieri
r'
lancholy accident which occurred in the is;
Channel off Clevedon, and which resulted
In e
tb
deaths of four young men, three of whom
sons of respectable tradesmen residing at this fasPloo
able watering place, and the fourth had recently eeed
ro live there. One of the bodies has been rectiver4.
i
and an inquest has since been held on it hY fir.
T. L. Whitmore, the deputy-coroner for the distr
when, in addition to the facts already
it was shown that on Saturday, the 31st ult., tbree..?.
the deceased were engaged about some nevi bull,
ings in the process of erection at Clevedon. It was
then agreed on to make up a boating party "'h.%
to Weston-super-Mare the following day, to /17°1cur
Litcgetl-ier five persons consented—namely, the 'o8;
deceased men, George Hurdle, mason, nged
William LLurie, 22, a carpenter ; Samuel FOP!' also
lime burner; James Davis, 25, baker; en"
another young man named Charles Merchant, a ITl'sied
t trs,
Hurdle undertook to steer the boat. They s a
early in the morning, and after about three hlef
sailing they arrived safely at Weston, where
spent the day. In the afternoon they all re." Lo.
barked, except Ivlercbant, who expressed his
tion of remaining at Weston all night, and returning
to Clevedon by the first train the next morning. body
Four deceased were never again seen alive. Thehe4 -11
Davis was discovered the next day on the seeds at
in the parish of Cr theW
stoke, about four miles from Clevedon, ~f
place called Viroodspring,
boat itself was found upset near Kingston v"2.;2,
The body of Davis presented a shocking sight' having
by crabs,6
been much eaten about the face and neck
several of which were hanging about it when it was
recovered. a al
recovered. The boat, it was stated,
small one, and by no means fit to venture to sea _
dangerous
It is supposed to have capsized off a very
to hit"
point, known as Fiddler's-point, '
I er s-point, or eev ad
struck a sand bank immediately "".°„bt
and turned over. It seems that the Die
was very gusty, and the wind rose consider.:
ably after 4 o'clock, the time the party started WI!:
Weston. It is said that the unfortunate deceasi_eu
were fully warned of the danger they incurred by
venturing across so dangerous a part as Fiddle
wri rs
point, where there is a strong current and two ted
meet. All four of the deceased were much respects.
at Clevedon. The jury returned a verdict of °el;
lental death. One of the young men has left
at
widowed mother, who is a respectable shopkeeper
Clevedon, to deplore the loss of an only son.