The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-04-23 00:00:00

WARRINGTON.

PROFIT or DRUNKENNESS.—The assistant overffeelitia
Warrington has given the drunkards of the town eeelsios
his annual account for the sum of twenty-four poun, s'„iieir
the amount of fines inflicted by the magistrates for ar:th of
ness, between the 20th of March, 1838, and the
March, 1839. Viae
SEEKING POPULARITY.-0a Monday Mr. Charles
se,
Higginson appeared before themiaffistrates at the Pett
sions. to answer a charge of drunkenness preferred ant ou
him by Mr. Jones, the deputy constable. The defeurbas'ing
answering to his name, displayed evident symptoms ° lie
taken a morning glass,' being fall half-seas 0‘ er•
col
pleaded " not guity" to the charge, and, when the `,)tr.
were about to be sworn. he rather hastily remarked, til`
Jones was about to take a false oath, with intent to abil done
but he would pay a thousand pounds before he would bedew
so. By Mr. Jones's statement it appeared that the we'
dant, on the previous Thursday, had paid a visit to the
office in the state of -mental incapacity usually 4."re'llal °r
" tipsy." His object was to become bail for some bor, tiv
imaginary friend, and on being told that he was net •t,leaee'
a fit state to go before a magistrate, he, with great Yi`of the
and sundry imprecations upon the eyes and limbs e diarelY
' worthy deputy constable, insisted upon being imin
accepted as bondsman. This was positively refused,otoe,
at length, he was with great difficulty ejected from the cietel
The magistrates, greatly to Mr. Higgin's surprise, colors.him in a penalty of five shillings for being drunk on t state'
day, and a like sum for appearing before them in t"8, and
to which was afterwards added two shillings and 011'00
costs. The defendant, who within the last few
come rather unexpectedly into the -possession of B.av;ot
derable property, by the death of Alistant relative reel:. sol
Bedfond, near Leigh, instantly paid the fines and V,:;no;
quitted the court. Last week he appeared at the
Lavd had
Assizes as the defendant in an action for trim. con.,
a verdict, with two pounds damages, found againstbeitat;,: GeGt
CAUTION TO AUCTIONEERS.—At Warrington p
sinus on Wednesday, Mr. John Corbett, auctioneer 0105. for
town, was convicted in the mitigated penalty of .12elerieiji
neglecting to make a return to the officers of excise m
the
sales for which he had caused notice to be given hl. held
months of November and December last, as about to 'et die
by him. The defendant, who did not appear, is liable -4
tit!'
penalty of £5O but under the provisions of the 7th
Geo: IV., the magistrates convicted only in the love-
-one fourth of the penalty. ialc el;
SUNDAY THTEviNo.-:-Between five and six loab
Sunday morning, Barney M`Cartney, an Trishman'Tgove
time returned from a five months' visit to Knutsforaiviijer
of Correction, was stopped by Mr. Samuel Jolley, of
spool, in the act of carrying a sack and two potato f0r1..0-. oser
the banks of the Duke of Bridgewater's Canal. The pro
11,6
was given into the oistody of Briscall, a constable,.,,-,
ssr
was forthwith brought to Warrington -Bridewelh
was found to belong to Messrs. Booth and Walrel'eP 136
factors, of Liverpool ; one of the potato forks to M'eesie"
net, a farmer at Hatton and two iron saucepans, c"
in the sack, to Mr. Clarke, a farmer in a small village'sixtar;
saucepans and forks had been stolen in the course of, uolo
day night. On Wednesday the prisoner was sent to 0'
quarters, for trial at the next sessions.
RAILWAY DELAYS.—On Wednesday morning lc: P„-,
train to Manchester was detained upwards of an h0,u,",,,°s tu"
Newton incline, owing to the road being obstructer,. I')
heavily laden luggage train.

COURT OF PASSAGE.
Before CHARLES CROMPTON, Esq., Assessor.
sl)°
WILSON V. HOWELL. d
se,
as
The plaintiff in this case, James Wilson, was a e,'"(
the defendant, James Howell, the tenant f a viare"—fot
the former sought to obtain compensation in damages hale
sonal injuries sustained by him, in consequence of Lie os
cotton falling upon him from a teagle 'rope, while bjecil
his cart, loading it, which rope, it was alleged in thee ,„sal,"
tion, was provided by the defendant, and for th
511
ci
Mr.enc of which he was consequently liable. moo
Mr Murphy appeared for the plaintiff, Mr. Ras ti
Mr. Harding for the defence. indiedrot
It appeared that in December last, Messrs. hAlefea-
Co. had purchased fifteen bales of cotton from then'e ;
Howell, and which were in his warehouse at the of tbe
that, on the 13th of that month, they sent sever, L.e"wheteei
men to receive them, and load them for removal el' .00)r,
The plaintiff was there with his cart, and two o,lslfttole
Currie and Brownlow, also servants of Messrs. "icietB
were in the room No. 6Of the warehouse—a oin-ottO i 0
r
height from the street—employed in lowering the Cthe to
the usual way, Currie being stationed at the breako fourtee,t
gle. While thus employed, about dusk, and after, the lie,
of the bales had been lowered safely into the ear",,,hots
bale, the fifteenth, fell from the third story of the 3,:e it dP
through the splicing of the iron thimble or ring, wq'tiff,
ped the bale, being drawn, and it fell upon the "
Plai, voir'
injured him so seriously, that he will never be able t
•Cl'
his vocation as a labouring man. the
The question that arose for decision was, whether b the
dent arose from the insufficiency of the rope, whie,h,
fendant was hound to provide of a sufficient strembfkiesfri,
or whether it occurred through the negligence of eo(too
Whittaker's servants in their manner of lowering thed futile
by which the rope, though of the usual strength an
for ordinary purposes, gave way. 95jaer05
A great number of witnesses were examined at r!=ijeticr it
ble length on both sides, but a sketch of the ecwase. e,
either side will suffice to convey the merits of the cwere
may first, however, be premised that the svitnesses„ sclsi;
cessarily the servants of the respective parties in t"
The witnesses for the plaintiff (servants of Mess'ho',
taker) admitted lowering the cotton, but Currie, oots;
charge of the break, denied (on cross-examination) Alin et.:4
ledge of a jerk of the bale in question, by its coal if sad
tact with the sill of one of the doors, and thoug
jerk had taken place, and caused the rope to give 01'1
bale would have fallen into the street, clear of t!'d be
Brownlow, his assistant, in slinging the bales, as' se, al
the rope previously, and thought it insufficient, the on
dangerous, but it did not appear that he warned 3 eftio,
in the cart of this fact. The bales weighed about 00 tO
qrs. each. Another witness thought the splice i'4.30,p01.i;00
ciently made, and had therefore drawn: AnotherNiono
the falling of the bale in question. It struck the P,"", fps'
shoulders. The rope had been re-spliced on ti 'd it id
before, the worn part at the end being cut off, °
used the same night after the accident. It would hug io.d
twelve or fourteen cwt. on a fair draught u
not have safely lowered so much. The splicing,lnite Plrho
this witness's hands, while he was in the cart with lb" -aDt
tiff, several times • but he did not notice it partice:titieerr4
it was loosish. The surgeon spoke to the injury Siith clsiet
the plaintiff. The spine was much hurt.—the lothit
vertebra so much injured as to cause paralysis. ~es,
xtremities were also injured, and the probability t;
he would be unable to work for life. ‘.iifficl
etbe
The defence was, that the rope was perfeetlY 700; (0,
but for the carelessness of Messrs. Whittakers' Fe,r ceM 014
pwards. etv
bale in question came down from a point in its ass,
before stated) with such a jerk,-that no ordinary r°l) re
withstand it. de "P
It was admitted that it was the custom of the tra
vide a proper rope. r
Mr. Isaac Hadwen said he had supplied the °toe'
question to Mr. Howell, on the 31st August. It,'` 0-35
best quality. [The rope was produced.] The Prie,er
per lb.—the highest price paid at that time for tb,l3eo
The rope was sound and good even now. He sd"e
sailors ought to know how to splice a rope proper
the rope was new it was sent spliced and ready fro° the I;fd
house to the defendants. It was fresh spliced o°,,scb 1,0
•ious Friday, the bad part being cut off where It
by being used round the bales. Such part of the roir;,e, ,o;
last two or three montl-s, even if it were much in, hale
considered the rope sufficient to lower the larges' 0.0
cotton. otto° fter
A witness said he was in the room when the wilo A
weighed, but did not see it lowered. The rope A
5-a .001
sea °,O
wards used for about six weeks. a SWO
William Leonard, aga" ed 32, said he had been ble Aeitttl::(
1820 to 1831, and had been some time latterly an ton he,
in the navy. He had since been employed in eta oPyri
houses, where he had spliced jigger ropes. Ile vg l'
that in question, (Witness described the rati"-ti the IA7,
, splice adding that he put the strands twice throng h a FP,,,f,e
which he considered sufficient.) He considered Asebole';oo
as good as could be made. He had examined the :d
when he spliced it on the previous Friday, and foii.`,"„fete
110
and sufficient to lower bags of 7 or 8 cwt.; but if %los. Art,
lently jerked, the rope would break or the splice the I'
did not think the part spliced stronger than the ° one
for it was liable to draw. aboutvl".°'
Williath Lloyd described how the bag, slung ",Y aoor,;'
fourth of its length, came to rest on the sill of tifii it Al ti
5, at the long end, and that it rested there colt eljel
off, and caused a tremendous jerk. It was the,..o Or. had
man at the break, in not stopping its decent, thrill lode,
took place ; and, if he did not see it rest on the,i,
lob
no business there. Other cotton was afterwar"-
with the same rope without accident. 'ff, en.ta
Mr. MURPHY addressed the jury for the phunit,ip,' oe6i
eu• - • (1 0
The ASSESSOR ably and perspicuously swam oal.
that it appeared the rope was sufficient, and the. iaas ,
tion was as to the sufficiency of the splice, of m'ine' rise°
,to the
the jury. would be better judges than he. •erief of r,
The jury, after retiring for a considerable ti punt a pit
a verdict tor the plaintiff—damages £3O, on tieeidere
insufficiency of the splice.; adding, that they enti,',„earc.
Whittaker's men highly censurable for their negub „ilt
Soo
SOWERBY V. RICHARDSON. „u.erf ,rio),6
In this case the plaintiff, a boot and shoers'tniel,',ie 0
compensation from the defendant for forcible eisc,
the house he tenanted in Mansfield-street. I..ncee ;b y
went to show that the plaintiff had received no 015„00',,,
was a weekly tenant ; and that when the haus' ott,i t,
%or ree
possession of by defendant, there was not 10s. „4„.. ag
in it. By the advice of the assessor, each ini,"",fayir,
withdraw a juror, so that the case ended in cash
own costs. n'of

GASIKELL V. JULLAND. 11p1U,
The plaintiff, formerly an attorney, but latterlrY, tam to
occasionally as a copying clerk, sought to recove
av'ouilooe
£9 for alleged services to the defendant, in end:1100°1p
obtain a purchaser for some property, which he,
would inherit, when he attained the age of twen! the ft,,,,1
defence was that no such sum was due, and tin!' o.
service was done by another party, plaintiff bayln" to '
accomplish it. The jury, on hearing the evidence'
view of the case, and the Tlaintiff was nonsuited.

THURSDAY.
at A',
GIBBONS V. GAKIN.• orof
It was an action for trespass,—Damages wer% the 'tot,
The affair was of a most trivial nature, and it a COSV
sor's judgment, should not have been brought illai°,ed, Toiri
justice for adjudication. The whole
was
beenDrevo
proved, did not exceed 10s, and this was cause bf
nificant dispute about a gas account—the 00,1 s
-as .1,01 ent
is'
which was, that the plaintiff's gas apparatus wacteti " tiff,
any
person named Dunlevie, who the plaintiff sul,eer 00
ployed for that purpose by the defendant. -Ifd.sqn,
appeared, keeps a butcher's shop in Clevela defer', 00s
the ato,
owing to the want of light, occasioned by us th
the
servant, he was unable to carry on his busineas,_,„aioff
thereby suffered considerable loss.
observations made by the Assessor, at the:l I:f.°l;eif
case, the jury were fully five hours, deliberati_4l4ot
arrived at the- conclusion--Damagew:fOr isw • = •
Farthing / - - - -
_.- • -
Notwitioe—nio6

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