The Sun.
London, England, 1853-08-27 00:00:00

THE SUN, LONDON, SATURDAY EVENING, AUGUST 27, 1853,

ASSIZE INTELLIGENCE.

was supposed by him that such certificates could be ap-
plied to dishonest purpose's ; but it appeir‘ed. that the
present had been, and the circumstance was one of deep
regret to himself and those gentlemen from his country
who thought with him.

FROM THE LONDON GAZETTE 41' YESTERDAY.

NORTHERN CIRCIIIT.—LIVERPOOL.
(Before Mr. Justice Erle.)

OSBORNE-HOUSE, AUG. 23.
This day bad audience of her Majesty—Joseph Reed
Inge :1011, Esq., Envoy Extraordinary and Minister Pleni-
potentiary from the United States of America, to deliver
his letter of recall ; and James Buchanan,. Esq., to deliver
his credentials in the same character. To which they were
respectively introduced by the Earl of Clarendon, K.G.,
her Majesty's Secretary of State for Foreign Affairs.

M'NAUGHTEN AND OTHERS V. THE MAYOR OT LIVERPOOL

AND OTHERS.

Mr. Norton admitted that the certificate had evidently
been given with the view expressed by M. Kossuth, for
its language was, "It is not alms he wishes to get, but
work, be it ever so hard."

This was an action brought by the plaintiffs, who are
the proprietors of the extensive calico-printing, dyo, and
bleach works, known as the Birkare Works, near Chor-
ley, against the mayor, aldermen, and burghers of
Liverpool, 'and Messrs. Howell and Son, who are con-
tractors under the corporation, to recover damages for
the injury which they have sustained in the bleach and
printing-works, by reason of the defendants rendering
impure the water which the plaintiffs used in their works.
The defendants pleaded not guilty, a denial that the
plaintiffs had a right to the water, a denial that they
rendered the water impure, and a justification under the
Liverpool Waterworks Act of 1847.
Sir Fitzroy Kelly (who was specially retained), Mr.
Hill, Q.C., and Mr. Cleasby, appeared for the plaintiffs ;
the Attorney-General for the County Palatine, Mr. Cow-
ling, and Mr. Milward, appeared for the corporation ;
and Mr. Sergeant Wilkins for Messrs. Howell and Son,
the contractors.

To M. Kossuth—From the conversation you have
had, M. Kossuth, with the person who described him-
self as Joseph Rottenstein when you gave this car-
tificate, can you form any opinion whether the pri-
soner is or is not the person to whom you gave the
certificate ?

M. Kossuth—lt does not strike me that I have seen
the prisoner before, though I should not wish to'state so
positively. It is my impression that this man (the pri-
soner) is not a military man. He has not the bearing
or appearance of one. Yet I should not wish to state
positively that he is not so.
Mr. Norton—Then does it strike you, after bringing
your mind back to the period of the application for the
certificate, that the prisoner is not the person who repre-
sented himself to be Joseph Rottenstein ?
M. Kossuth—The impression on my mind is that the
person who applied to me for the certificate, and who
represented himself to be Joseph Rottenstein, was a per-
son of military bearing and appearance, and that he was
suffering from lameness from a wound on bis leg. It also
appeared to me that the applicant for the certificate be-
longed to the well-educated class.
Mr. Pearse put several questions to M. Kossuth, in
cross-examination, with the view of showing that his
client must have been the person he represented himself
to be, else he could not be acquainted with the particu-
lar movements of the ex-governor during the progress
of the war in Hungary.
A rough map of the different battles which had been
fought by the Hungarians in the cause of liberty, and
which had been drawn by the prisoner, was put in for
the inspection of M. Kossuth, and which was intended
as an additional proof of the truth of the prisoner's re-
presentations. M. Kossuth looked carefully through the
plan, and also, at the prisoner's request, held a conver-
sation at some length with him in the German language.
At its conclusion he said, that though he could not say
that the accused was Lieutenant Rottenstein, it was his
decided impression that he was in Hungary during the
war of independence. The impartial, calm, clear, and
dignified manner in which M. Kossuth gave his evidence,
elicited from the hon. magistrate the expression of the
highest weed of approbation.
Woods, the constable who has the case in band, and
who examined the body of the prisoner by request of
the magistrate, then said that the only marks he could
find on Lim was one small white spot.
GeOrge Vicker, a German, residing in Colchester-
street, Whitechapel, said he had been in the habit of
meeting the prisoner in different public-houses in the
neighbourhood of Whitechapel since the time of the
Exhibition, and Woods, the constable, said that, from
information just received by him, he had no doubt of
being prepared on a future day to satisfactorily prove
the prisoner's guilt and imposture, by the production of
Joseph Rottenstein, to whom the certificate had been
given, himself. This person, he understood, was at the
present :ime in the Penitentiary, on a charge of obtain-
ing money by false pretences, and therefore he should be
able to produce him on a future day.
Mr. Norton observed that this certainly would put
the case beyond all doubt, and suggested that the best
course, if those gentlemen would take the trouble, would
be that M. Kossuth should call at the prison to see if
he could recognise the person there as the Joseph Rot-
tenstein, who had obtained the certificate. He (Mr. Nor-
ton) should therefore again remand the prisoner, for the
purpose of
giving Woods, the constable in the case, and
who bad exhibited much zeal and ability in getting up
the evidence, the opportunity of making further in-
quiries.
Mr. Pearse complained that his client had been al-
ready a long time in prison, and hoped, therefore, no
longer time than necessary should intervene.
Mr Norton remared that the remand would not ope-
rate b the prisoner's prejudice, for as the case at pre-
sent stood, there was one distinct charge of forging a
pawnbroker's duplicate, and four others of receiving
money by fele pretences, and the casse he (Mr. Norton)
intended to pursue was this, if he should turn out to be
the Crave soldier he represented himself to be, be should
only deal with him for the minor offence, 'but if, on the
contrary, he should happen to be a mere counterfeit and
impostor, he should send him to trial for the forgery.
Tie prisoner was then remanded to a future day.

The hearing of this case lasted the whole of Wednes-
day.

At the sitting of the Court on Thursday the case was
settled, an arrangement having been come to, by which
it was agreed that the jury should be discharged from
giving a verdict upon all the issues, except that of the
justification, which should be found for the defendants.
Each party to pay their own costs ; the plaintiffs to give
up all present demands on the defendants ; the defend-
ants to use the stream, giving notice, if possible, of their
intention to do so, and if the plaintiffs should hereafter
complain that they suffered injury by the defendants'
use of the stream, then the question to be referred to an
arbitrator, who should decide whether any injury existed,
and if so, what damage the defendants should pay.

CRICKET.

THE ELEVEN OF ENGLAND v. TR ENTY-TWO
OF DEVONSHIRE.

This match was played at Torquay on Monday, Tues-
day, and Wednesday last, in the presence of an immense
assemblage of spectators. The Eleven won in one
innings by 12 runs :

THE ELEVEN,

S. Parr, run out
Arnold, c Kitson, b V. Tinley
Anderson, b R. Tin'ey
Caesar, b R. Tinley
Caffyn, b R. Tinley
Parr, st R. Tinley, b V. Tinley
Box, b V. Tinley
N. Felix, Esq. c and b V. Tinley
A. Clarke, not out
Clarke, run out...
Billyer, c Bere, b V. Tinley
Byes 4, leg 1, wide 3.

Total
DEVONSHIRE

First Ininngs.

First Innings. Second Innings.
Bickley, c Parr, b Hillyer 1 b Clarke 6
J. Kitson, c Parr, b Hillyer..... 0 b Clarke 0
M. Collier, c Parr, b Clarke.... 5 c Parr, b Clarke...
Compton, c Anderson, b Hillyer 16 b Clarke 0
Hounsell, run out 4 b Hillyer 6
Buttress, cA. Clarke, b Clarke 1 c Parr, b Hillyer 0
R. Tinley, c Box, b Hillyer..... 8 cS. Parr, b Hillyer 2
Browne, b Clarke
_6 c Parr, b Hillyer..... 0

C. Hoare, s Box, b Hillyer lO run out
Captain Fyfe, b Clarke 26 b Clarke 2
Hole, c Anderson, b Clarke 5 b Hillyer 2
V. Tinley, h Hillyer 4 s Box, b Hillyer 0
Hon. M. Rolle, a Box, b Hillyer 0 b Clarke 0
M. Bere, b Clarke.
Gully, b Clarke 3 b Hillyer 4
Martin, cA. Clarke, b Clarke.. 4 b Hillyer ll
Captain Mills, b Caffyn 0 cS. Parr, b Clarke.. 5
Coleridge, run out 0 run out 3
Harris, b Clarke 2 b Hillyer 0
Julien, b Cailln 0 not out 0
T. Yarde Buller, not out 0 b Hillyer
J. Collier, b Clarke 0 b Hillyer 2
Byes 3, leg 2 5 No balls 1

Total

Total 54

ELEVEN PLAYERS v. EIGHTEEN GENTLE-
MEN OF SURREY CLUB AND COUNTY.

This match was resumed yesterday at the Oval, but
the weather proved anything but favourable for the
sport Indeed, the players were compelled by the rain
to withdraw from the field on several occasions. Thus
stood the score at the close of the day, the " Players"
having to follow their innings :