The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-08-23 00:00:00

NAIRNE AND ANOTHER.

This, was an action on a policy of insurance for £2OOO. The
plaintiff was Sir John Rae Reid, Bart., of the firm of Reid,
Irving, and Co., (or rather Messrs. Hamilton, Jackson, and
u 0.,) arm the uerendants wC,v cwu ud' U clia-C-ctora of tha
Marine Assurance Company.
Mr. Cresswell and Mr. Crompton for the plaintiffs, and
Mr. Alexander and Mr. Wightman for the defendants.
•Mr. CRESSWELL stated the case. He said, that a vessel
belOnging to Messrs. Hamilton was last year trading to the
coast of Africa. Having received advices that the vessel had
taken on board a cargo of 100 tons of palm oil, they sold it,
to arrive, at £43 per ton ; and Messrs. Reid, Irving, and Co.
effected an insurance on the cargo, with the Marine Assurance
Company, for £2OOO, it being covenanted that the vessel
should, for the purposes of that policy, be considered sea-
worthy. After leaving Africa the vessel encountered bad
weather, and was at last obliged to put in at the nearest
place, which was the Salt Island, one of the Cape de Verds.
The vessel was there twice surveyed, and pronounced unfit
to prosecute her homeward voyage ; and, as she could not be
there repaired, and the captain in vain endeavoured to obtain
another vessel to bring home the cargo, the palm oil was sold
at a great sacrifice, (X 287 nett,) and the crew returned home
as they best might.
For the defence it was contended that there was no neces-
sity to sell, but that means might have been obtained of for-
warding the cargo to England, or that it might have been
suffered td remain at the Salt Island, until a vessel from this
country could have been sent to bring it home.
The jury found a verdict for the plaintiff for the amount of
the policy, less the sum obtained for the cargo, namely, for
£1712.
The Court rose at half-past seven.

CROWN COURT.-WEDNESDAY.
CHARGE OF MURDER AT BURY.

James Heywood, aged 22, was charged with having wil-
fully murdered his wife, Mary Heywood, on the 16th of April
last, at Bury. He is rather, a good looking young man, with
an aspect indicative of firmness but not at all of ferocity. He
pleaded " not guilty," with a firm voice.
Mr. Brandt detailed the circumstances of the case to the
jury. The learned counsel was• enabled to elucidate and il-
lustrate the details by plans on paper, and by a model of the
rooms and furniture of the house. This model exhibited two
rooms, in each 'of which was a bed and chamber furniture.
One of these rooms was occupied by the prisoner and his
wife, and the other by their servant ; they opened into each
other, and the door between them did not fit close. It had
also a hole in it which would allow sounds to be easily trans-
mt tted

Margaret Walker (examined by Mr. Baines). I am a sin-
gle woman ; in April last I lived as servant with James Hey-
wood and his wife. They kept the White Bear public-house
at Bury. I remember the prisoner coming home about seven
o'clock on the Nth of April ; he had some liquor. About
nine o'clock the mistress said to me the master was in a bad
humour. About half-past twelve o'clock we went to bed.
They slept in a room that was inside mine. They had to
pass through my room to go to their own. There is one old
door with a hole in it between one room and the other, and
one step down. The hole was about three inches in width
and six in length. He and his wife passed through my room
into theirs. They had with them their child, about three
months' old. That was the only child they had, but she had
one by her former husband. Soon after he got into the room,
he said " If yon young devil is in the house when I getup,
I will kick him out." He was a boy about eight years old
that was alluded to, the son of the deceased, and he slept
with her (witness.) She made no answer, and they began to
count up the money which she had drawn that day. She
said she had drawn four and twenty shillings. He said, " is
that all you have drawn, and yonder kegs were filled up last
night ?" She said, " yes ; that was all, only five shillings
which she had given to him, and three shillings to the malt-
ster." He said, " is that all, thou nasty drunken wh—e ?"
She saiil.she was not drunk. She was not drunk. She was
a sober woman. I next heard a scuffle. 1 was in bed by
this time. She said, " Oh, Jim, you'll break my arm ; don't
punish me so ba.d." He said she was drunk ; she said she
was not. He replied she was. She said, " well Jim, I have
had one jill of ale to-day, and that is all that 1 have had."
He said, " what makes thee tell me those lies ?" She said,
" if I have told you a lie, I beg pardon." I never heard her
speak any more.—(By the Judge.)—l thought she was at
that time lying down. I thought so because of the groans.
I had not heard any sound of her getting out of bed ; I could
not usually hear such.—(By Mr. Baines in continuation.)—
I heard her groan for about four minutes. Witness being
asked what kind of sound it was that she heard, imitated the
sound. This sound continued about four minutes. After a
pause, he said, " d—n thy soul, if I can find a stick I'll make
thee to rise." He found a stick, and I heard him strike
three times. It sounded like a blow given with a stick, and
not with the hand. All was silent for about a moment. He
then asked her if she would get up. He said if she would
not get up he would set .fire to her, and she might smother.
All was silent again. From what I could hear, he lifted her
up, and I heard her bump down again. He then said she
might lie there till she might rot. I did not hear him get in
bed, but I heard him get out. I thought he was getting out
of bed from the sound of the foot on the floor. He went to
her, and said, " Mary !" She did not answer. He repeated,
"Mary ! get up—wilt thou not get up ?—get up—get into
bed—the child wants you—get up, or else I'll call up Mar-
garet." He came to the door, and called out Margaret. I
said, " yes," He said, " come into the room and see what's
the matter with the mistress," and I went in. The light was
still burning in their room when I went in. It was a rush-
light which they had taken with them to bed. They gene-
rally burned a rushlight at night ; it was their common prac-
tice. When I went into the room I found her lying on her
back; with her head towards the dressing-table, and her feet
crossed, and towards the head of the bed. As you 0-o into
the room, the bed is on the left hand, standing up 'll3 the
corner. The dressing-table was under the window. She
was undressed. She had on her night-cap and her chemise.
The first thing said was, the prisoner asked me if she were
dead; and I said, "yes, she is quite dead." He said, " do
you think so ?" I said, " yes, Heavens bless her, she's quite
dead_!" He asked me to fetch John Parkes and Mrs. Cromp-
ton. Mr. Parkes is a surgeon. When I was going out of
the room he told me that she had fallen off the bed. Before
I went out of the room.l looked at the bed ,for the purpose
of Seeing, and I saw that only one and the child had been in
it. I fetched Mr. Parks and Mrs. Crompton. I was away
five or ten minutes. When I went up stairs again, I took
the child out of bed and took it away to Mrs. Hayes, a sister
of my mistress. , The side of the bed that was pressed was

that side next the floor, or the furthest from the wall. I staid
at Mrs. Hayes during the night. I did not return to my
master's house till seven o'clock next morning. I found
Mrs. Hayes and Mrs. Pickup with him. They accompanied
me up stairs, and when I had been there in his room about
four minutes he came up stairs. He said " Margaret," and
I did not answer him. He said, " Margaret, were you
asleep, did you hear your mistress fall off the bed ?" I said,
" no, she was never in bed." He said, " yea, she was ;if I
were going to tell those tales I should do him at once. If I
was going to tell those tales I should get him into a hobble."
I said, " what have I to tell, I shall tell the truth, and no-
thing no more." He said if I were going to tell those tales
I had made it. He said I was lying ; and I said, " Oh, Jim,
where are those sticks that you struck her with ?" He said
he never struck her with a stick, nor never lifted a hand up
to her. He did not say any thing more to me that day.
By the JUDGE.-I could hear my master and mistress get
out of bed usually, but I could not hear them get in.
Joseph Bothwell, called and sworn.—(Examined by Mr.
Brandt.) In April last 1 was an apprentice with Mr. Parkes
of Bury. On the 18th April I was called up and went imme-
diately to the deceased, she was lying with her head towards
the window, her feet towards the bed. The prisoner was a-
lone in the room with a candle in his hand, undressed, looking
at her. I asked him what had been the matter. H e said he
went to bed with her as usual, and when he had been in bed
two or three minutes, he said, " Mary you have been taking
something that you should not have done." She said "have
I "—raising herself up in bed, " with that she fell of the side
of the bed, with her feet entangled in the bed-clothes." He
said—he said to her, "Mary, what is the matter." He got
off at the foot of the bed, got her upon his knee, and spoke to
her two or three times, when she not answering, he laid her
down upon the floor, and called the servant. That is all he
said to me at that time. I examined the deceased, she was
dead. Her chest was warm but her hands and feet were cold.
I observed that herlips were pale and very much compressed.
They were pressed upon the teeth. Her eyes were wide open.
Her hands were partially closed. On the left arm there was
a little discolouration, and the marks of four fingers half way
between the elbow and the wrist. I observed the bed. It
appeared as if only one might have been in bed. That was on
the side farthest from the wall.

Margaret Walker was recalled, and asked what sort of bed
it was on which the prisoner slept. It was a straw matress,
with a flock bed on the top.
Examination resumed.—The bed clothes on the side fur-
thest from the wall were turned up, everywhere else they
were straight. The child was in bed in the middle. I told
the prisoner that his wife was dead. He said "dear, dear ! "
and appeared as if he were crying. He asked me if I could
not bleed her. I said—no, it was too late. I went and in-
formed Mr. Parkes, my master. I returned with Mr. Parkes
in about ten minutes. The prisoner was in the room when
we returned, and the deceased was on the bed. Mr. Parkes
examined the body, commencing with the neck and face.
While he was doing this, I saw the prisoner looking over his
shoulder, and appearing much agitated,
John Parkes sworn.—Examined by Mr. Baines.—l am a

surgeon at Bury, and have been in extensive practice twelve
years. On the morning of the 16th April, I went into the room
of the deceased. I found the prisoner and my apprentice,
and Mr. Wainwright there. I examined the head and neck
first. While I was doing so, he—the prisoner—said he had
upbraided her of being drunk. She said, "Have I Jim ? "
and she sprang up and fell out of bed. I examined the head
first, and found no' bruise, nor anything to indicate that she
had received a blow on the head or face, with the exception of
the compressed state of the lips. They were compressed or
flattened and bloodless. On turning over the lips I observed
an indentation on both. They were marks of the teeth. On
the neck I did not observe any marks. The eyes were wide
open and bloodless. I. observed a bruise on the left arm as
if there had been a struggle. I observed an ear-ring that it
was crushed and burst open. It was a drop ear-ring. It was
one side of the drop that was crushed. It was in such a state
that no woman in my judgment, would have worn it. There
were no recent marks on the legs. There was a bruise on the
right breast, the breast from which she was nursing. She was
nursing from only one breast. The discolouration on the
breast was recent. I can speak of that with certainty. The
back was very much discoloured. A livid colour extended
over the entire of the back. That appearance frequently
presents itself after death, especially when the body is laid on
the back, when the death is natural as well as otherwise. I

observed that foams of considerable considerable consistence

had escaped upon her linen, from which I infer that she must
have undergone a violent struggle. I opened the body. The
lungs were congested and gorged with blood and air bubbles.

They crepidated to the touch and cracked. They were other-
wise healthy. I opened the heart, it was healthy, but the right

,
auricle was gorged with blood, and all the large vessels con-
ducting thereto were likewise full of blood. The left side of
the heart was empty. I next examined the head. I had pre-
viously examined the abdomen. I secured the openings of the
stomach, and took it out. The bowels, stomach, liver, and
spleen were healthy : I observed the contents of the stomach
having been induced to do so from what I had heard. There
was oat cake and spiced cake in the stomach, but not the least
appearance of liquor. The veins of the head were congested
with blood, but the brain was perfectly healthy. I made re-
peated sections. The brain throughout was congested. There
was no rupture of any of the vessels. There was no appear-
ance of a bruise on the outside of the head. I should think
the death of the diseased was caused by exclusion of air from
the lungs. That is the judgment which lam enabled to form
with confidence. In my judgment, if air had been excluded
by stopping the mouth and nostrils, it would have caused those
appearances. The person might make a stifled moaning noise
while the mouth and nostrils were stopped. My brother,
Mr. James Parke, assisted ; we observed, that the sleeve of
the left arm was creased and soiled, which must have been
done in a struggle. I had attended the deceased two or three
weeks before her confinement, in consequence of some state-
ment made to me by her.

By Mr. WILKINS.—During the time I have been in prac-
tice, I have attended many cases of sudden death, but not
one of suffocation that I remember.

Re-examined by Mr. BRANDT.—I should not say that
death was produced by apoplexy in the case in question. The
vessels of the brain were so distended that the patient could
not have lived with it. I look upon the distension of the
vessels in this case as a secondary cause. The lungs of the
deceased were distended to an excessive degree. They filled
the chest. There was no cause that I could discover, on dis-
section of the body, for the excessive quantity of air bubbles,
therefore I was obliged to look to some external cause for it.
After examining the body, and finding that there was not
sufficient to account for the cause of death, I naturally con-
cluded that there had been a stoppage of air from the lungs.
From the appearance of the mouth I was led to infer that it
had been closed by some person. I drew the conclusion upon
the whole that the air was excluded. I form that opinion
with. a des, ee of eertainty. - In my opinion it wac not possi-
ble to account for the appearance in the lungs in any other
way. In case of natural death, the atmospheric air escapes,
for the most part at the moment of death. When I speak of
the viscera being healthy, I. mean in all other respects but
that of the congestion. The stoppage of air from the lungs
would account for all the congestion in different parts of the
body. Though there is always some discharge of faeces, there
were in this case more than usual, and of greater consistence ;
hence I infer that violence had been used. There were no
symptoms to lead me to suppose that the party could have
died of any other cause than that of suffocation.
By the :JUDGE, at the suggestion of Mr. WILKINs.—I have
met with cases of an enphyscenza. The deceased parts are
more than usually filled with air. A wound on the lungs will
not produce enphyscema throughout the body, but a wound
on the skin will. There was no appearance of that disease in
the deceased. The deceased was from 27 to 30 years old—a
thin spare woman, but tolerably muscular.
Mr. James Parkes sworn.—l am brother to the last wit-
ness and a surgeon at Bury. I have been in practice five
years. I was present when my brother examined the de-
ceased. I found the lungs congested and. full of air. The
heart, so far as regarde'tl structure, was healthy. The ves-
sels leading to the heart were foil, the arteries were empty.
The veins of the brain were full. The vessels of the liver
and spleen I did not examine. I found the bowels healthy.
I attribute the state of the lungs to the exclusion of air there-
from arising from some external cause.
By Mr. WILKINS.—I have been out of court while my
brother was examined. Mr. Wilkins cross-examined this
witness at some length to similar intent as the last witness,
but not so extensively.
On re-examination the witness stated that there was nothing
to lead him to the belief that the deceased died from apoplexy.
Moses Fry sworn.-1 am a private in the 98th regiment.
I had been lodging there a week on the 16th April last. On
the morning of that day I was called up by the prisoner, who
said, " Fry, get up—Mary's dead !" I went to his room and
found him standing looking at her. He desired me to go for
the doctor and alarm some of the neighbours. Mr. Rothwell
came. I observed her night dress creased at her sleeve, and
marks of fingers on her left arm. The carpets were all turned
up and rumpled about the room. The chamber pot was
turned upside down.
By Mr. Witicuis.—l found the prisoner alone with the
corpse. I did not not notice where the nurse girl was, but
she was not in the room.
Elizabeth. Wainwright sworn.—l was sent for to the house
of the prisoner at a quarter past one that morning. The pri-
soner was in his room. He said, " this is a weary job." I
asked how it was. He said, "we had not been long in bed
before I said, Mary, thou hast taken something to-day that
thou ought not to have done, and she then whisked out of
bed and fell on the floor."
Jane Pickup sworn.—l knew Mary Heywood some years.
I remember being sent for on the morning in qdestion, a lit-
tle before two o'cock. At seven in the morning I was in the
back parlour with Heywood and Mrs. Heyes, and Fry. I
said to the prisoner, ' If this is true what Margaret has told
me, your deed is a horrible deed." The prisoner said, " How
can Margaret say that, if she never seed it ?" I said, "If
she heard it, it is enough." He made no reply. He got the
pen and ink and began to write. He sent for me about seven
o'clock, and asked me what time I thought she should be in-
terred. I said, " Either Thursday or Friday." Mrs. Heyes
proposed Friday, and he said, " Let it be Thursday." I
went up stairs with Margaret to look at the body, and while
there the prisoner came up. He said, " Margaret, were you
asleep ?" and she made no reply. He asked her again. She
said, " No, I never was asleep.", He said, " Did you hear
your mistress fall off the bed ? ' She said, "No ; mistress
never was in bed." He said, " Margaret, if you mean to tell
lies, you'll do me at once." She said, " I'll tell the truth—
where's those sticks that you used ?" He went to the bed,
and showed us the way_that she fell off. Margaret repeated
that she never was in bed. The constable came about eight
o'clock.
Luke Crompton stated that he resided near the prisoner,
and proved that about eight o'clock on the morning in ques-
tion the prisoner gave him two letters, which he was to de-
liver to the prisoner's parents. He gave them to Sarah
Heyes.
By Mr. WILKINs.—One of the letters was not sealed,
and he said it would do very well if witness would not
open it.
Sarah Heyes sworn.—l am sister of Mary Heywood. She
was 27 years old last November. She had been married to
the prisoner about sixteen months. I lived two months in
the house. My sister never took liquor. I never saw her
'intoxicated. The prisoner used her very bad. I have seen
him once beat her with a stick. I saw him once throw her
off the chair when she had the baby at her breast. About a
fortnight before the child was born, he turned her out of
doors. She lay in at Richard Kaye's, in Silver-street. He
said she was drunk.
The JUDGE said these matrimonial squabbles did not show
malice distinctly.
Examination resumed.—The night before the child was
born he turned her out, saying she was drunk. She was not
drunk. I have heard him say it would be the biggest plea-
sure ever he saw to have her carried up the church steps
stiff. I have heard him say so once or twice. I have heard
him say there was a woman at Halshaw Moor he would
rather have. He said he would have her when his wife died.
A short time before she died he shook a silver watch guard
in his wife's face, and said she must never wear that, that
woman at Halshaw Moor must wear it. The night before
my sister died I was there, but I did not stay. I received
two letters from Luke Crompton, which I gave to Mr. An-
drews, the constable.
The witness was examined touching the crack or chink in
the door. She said her sister told her that Heywood (the
prisoner) did it. Her sister did not do it that she was aware
of. I have not got any of the property. that was in the house.
Re-examined.—My sister lived in that house with her
former husband. I do not know that the mother of that
husband has claimed the property.
James Andrews, constable of Bury, produced the two
letters alluded to. He apprehended the prisoner. He said
Heywood, this is a bad job, but it is only what I expected.
Had had a warrant against him for an assault upon her on a
former occasion. He made no reply. Witness examined
under the bed, and found two sticks.
Cross-examined.—lt was Heyes, a tailor, who fetched him.
Does not know that it was the Prisoner who sent for him. Is
sure Heyes did not bring a message from the prisoner,

s b
.. rief
The two letters were put in and read. The fir6t;rto 02.1
invitation for the father and mother of the PrO"incede.P",
over to him, and an injunction, after he had eh° ro
w'''.
his wife was dead by falling off the bed, for the° toi:01
themselves with decent mourning. The other was wry
re
address or siguature, and it contained a requestoke care
party to whom it was addressed to come over and
of his property, as he would have to go to Kirkdale. . ge
Mr. WuxiNs addressed the jury for the defencl4had
appealed to the jury whether the mode in which the. Tow
nbeeessn.brHouegphetinbteefodrneutthetomthdeidinnothtastavgir much 01.`?181 Or'
ences which had been brought before theeminahtardifflanet
into the case, and were only what had hanceed Ine'lears4
happen to the most innocent man in the court.. iffliad bee°
counsel pronounced the medical testimony wh" all AOr
given altogether wrong. and stated that he should c
gentles
sician and surgeon to contradict it. The learned ge'h; sol
analyzed the evidence very minutel and at great lag'," rtios
appealed forcibly in behalf of the yrisoner. le nne rosei't
of his address the learned counselP NNtititthre°o,l3eranprid,i
upon the circumstance of the girl who slept
soner's servant not having been produced, when "L'-u'rr °ie..
got up and stated that she had been sent for to vn •
morning, and was now present. eb r if be
The learned JUDGE said Mr. Wilkins might cell
thought proper.
Mr. WILKINs said he should call her.was t oe
stated tha tbe
Rachel Armstead was then called.—She old °a ;be
was nurse at Mr. Heywood's. She was 13 years A tb• -,.]
Ist of April. She remembered Mrs. Heywood's urdepost-
slept with the servant that niht. The little girLbed, sot
that she was not awakened when Margaret came tno.olie her
did she know what had happened till the prisoner a
thin
and told hr tha his wife was ead.
She wase cross-t examined byd Mr. Waxiss, but n°
material was elicited. ili
Mr. WILKINS called ci been of
William Rayner, surgeon, of Stockport. a •deace
practice seven years at Stockport. Heard the 01;sted
the Messrs. Parkes. If all those appearances o'ooo
-;eht be Toduced by othefoors•

described by them, they might be p•
The witness proceeded to give evidence more or les; 500
dictory of that given by the Messrs. Parkes, 61°0
instances corroborating it. He said it did not at all garb
that, from the state of things described by Air' ted
suffocation was the cause of death.
On cross-examination BRANDT, the aitnesesi. she
that he had gone to schoolwith the prisoner's att°lll;Dah
had been requested by Mr. Wilkins to sit near Idahtell stsiefi
prompted him, and had furnished him with a that he Me
meat of his opinion. The witness admitted
o.
of tliq
never seen any case of suffocation from stoPPav,ed by 10
mouth and nostrils.. Death might have been causiing,.
of simple apoplexy, or by stoppage of air into the
stdll,s;
Dr. Rierdon, of Stockport, was called, and ga% half•P
testimony. This closed the case for the defence at
eight o'clock in the evening. a fat tY
Mr. BRANDT replied, vindicating those concerne,
prosecution, from the charge of vindictiveness.
The learned JUDGE commenced summing tended
to Jiff
o'clock. His lordship said if the prisoner intena„r,
the deceased it would amount to the crime of nietbue`
he did not intend to compass her death, it would vicieoe
slaughter. He (his lordship) did not think frota tin
ety pry
that there was any middle course between finaitr. A
soner guilty of murder and acquitting hint altoget;ks Os
The general tendency of his lordship's .r charge
favourable to the prisoner. He concluded his d A
esse ,d
quarter-past ten, and the jury immediately exl),,r
to retire. They returned at half-past ten, -
upieci ti"
verdi of—Not Guilty.
Thct e court then adjourned, the trial having ace -
whole day.

, -
Mr. BaNro
o'clock. • 00111
InSlmPAltlyz StoCokoUhißs Ts—eaVit ''tEhoi:sins:r.rki•iin.g t
soe,
NON-FULFILMENT OF AN ORDER.—BLAIN
• V. DANIEL•
This was a special jury case, in which Mr. --11131°,,arjlaWatifosif
John Bewley, tea dealers, of this town, were therpoeot
and Mr. J. N. Daniels of London, a partner the°action oe
Daniel & Co. of Canton, the defendant ; apd , rat
of
brought to recover damages for the non-fulfli tot
terms of an order. for
Mr. Cresswell, Mr. Wightman, and Mr. Cr for the
the plaintiffs ; Mr. Alexander and Mr. CleasbY
fendant.
Mr. CROMPTON opened the pleadings- that
Mr. CRESSWELL stated the case. lie stu_ta, "orrlaet—ri.
Blain and Bewley were tea-dealers in this towed
business under the name of Blain & Son. be'Sol
belonged to the firm of Daniel and Co., carrYinstlf tl'e, this
in London and Canton ; and the action arose ouato ju
speculations in tea entered into by the linercils, oPetn'
country soon after the tea trade had been throwiefeaa°"o
1834 or 1835, the plaintiffs had had with the `,t ofia.q,
-
transaction previous to that which was the subje`",„ tolltoo
on the present occasion, and had then some re°sedthat'o,s
satisfied. About that time it had been ascertain., 010,0
the immense quantity of tea imported into Or t ge004,0
-great part of which was very bad,
had become a perfect drug in the market. A smaia fs;tP
in the price in China, made a great difference toe 045,
everything slailfePriti
which could be obtained here. The plaintiffs, a`l.,gos,',,fs
facts, sent out, in the autumn of 1835 and the sPtrlof tre re;
orders to the defendants to ship a certain aninters
particular kind in the coming season, and ant„oafst,
turned' expressive of the willingness of the dele:d io,!,100
up to those orders. The tea season cowmen du coy'
and ended in spring. The defendants had plea ea aof ore
had received no such instructions, that the 'that
sented to act or be bound by them ; and lastly, that pal)
bound by them and had fulfilled' them faithfull, 11:r
would find that the instructions sent had been a.s.oftioff
specific character, and he should produce a lette`ctioalo,
fondants, acknowledging the receipt of the insotruby
entopel
agreeing to execute them. He should also sh
not be
of the most undoubted character, that they h° had 05,001
formed, and that in consequence the plaintiffs d 5
' a loss of between six and seven thousand PottD, .13044:,
letter, from Messrs. Blain and Son to IN-lesst'io be 'su'
Co. stated the amount and quality of the teas, hiacy',
them. There were to be 100,000 lbs. of 0'8)1'm aa steel tc.
strong and full pekoe flavoured congous, free 's.° vitie
ture of brown and faded leaves, to cost fe°„l„taff."
twenty tales per pekul ; 25,000 lbs. of ova' 40' etiat:
curled leaf, on the bloom—the lowest of the cetintslo
answer their description ; 15,000 lbs. of hYsts.'lslo to evoist'
bright, wiry, blush leaf, in two qualities frail' A tl'l°ol
per pekul. To that letter the defendants returne.l`tot,
stating that they had carefully noticed the e°lt'heic;,ltli
letter, and that nothing should be wanting c44,,tiect',,lo° •
carry the wishes of Messrs Blain and Son into itibie,4
secure the successful result of their operations., e dela"00
other letters were sent by the plaintiffs to tn ON 5
one altering the amount of congous to be sent frrtioa °f
one
to 160,0001b5, still retaining the f r descriPitiog cat
orme ts of
which was to be the very best, aff strie,
limitation as to price. All the letters, howeve"orde' iiej;
fined the defendants to the execution of the, 1. to ti 4
terms mentioned—no teas in any ways •LP,' thud „caw
scriptions were to be forwarded, inasmuch d vro
were satisfied that nothing of an inferior lt,i°,,ferriaste•
el,it
sell in the glutted state of the market, an" 1.:,z 3 r.oe
necessity under which they had been of reiectl— la,,taiaw
inferior order executed by the Messrs. Danie.'„ of aw, rot
order could not be executed, by the irripossibilui, of tb,,',,100,f
such teas in the Canton market, then the mone)00 Iv
tiffs was to be returned, either in good hills Ado
Liverpool or in the shape of consignments.
moreover distinctly stated that on the strict ent'saf 'l,ll4P`‘
order depended the continuance of the transactitb, 10";
Blain and Son with the house of Daniel and 1; or leo;
ther the investment should prove a profitah, thati beet,
matter. To these letters the defendants rePliettiteadVe
Blain and Co. might depend upon the beg a an", 10501
paid to accomplish the completion of the ordere'rd tboiviaf,l
ter announcing the shipment of the teas en b°,, the eo°loo
borough, they stated that, " In remarking °- tuale-A0 /1/
we may confidently express our sense of the s° with coy
hthaeveteabse,enansdhwipepehdavtehniso
sfeeaarsoonf.t,he comParis°,,,sll ruea. Of"
He (the f, s'
supposed that they should now be told that t2e teed,
were the best of the season ; but what of thato.'et 0:0
words of the order were, "If you cannot ougvelr
want, send back the money." The Ingle-it-err ta,.,,10,0
and the plaintiffs immediately sent their hri°'tbel),;-pe'',o,l,
the teas. As soon as the teas were sampled Sent ,t`tylfb
ported unfavourably. Samples were then 'ciao dfl o,ls
considered the best judges, and they all coln„ butt' CO tP
of the teas agreed with the order, except the eial!t oaths
hyson, and that might pass. Some CO 0
.d
place between the plaintiffs and Mr. J. ;el sal,; ctl t
smubejsescrts,.
Binlaitnheseceomuerdsetoofbe whichtakinMg r. Dan•-it, owe To glp.
a arkcaPti°-et',
the teas on account of the state of the etv
e tea,
charge the plaintiffs returned a respectful hutiPe;
and offered to allow Mr. Daniel to take saftir,, to tar it
and to submit the question as to their oll,altf,''s'ido,fl"ttof',J;
petent persons, one to be chosen by the "e
by the plaintiffs, and the third by the this° fair r•sOrfi
selected. They added—" We consider aototftph4ooi
and as it is known in the trade that we are 11100,itgigi
award in thy favour would be the most triunTollevod.d.
thee." The defendants refused to accede to tbs„tioai,JeV
they had previously been threatened with aff,3:t
ing that it must now be brought. Thus Vl' at tbei er`
the plaintiffs. had no other alternative th,,,,aftwel °,
by auction, and they sent notice to Mr. J'atjoia br°l";
tention to do so. The teas were accordiltin ache
great disadvantage. That being so, an acti"bat , `lei h
and would have stood for trial two years ag°,itetl
ants, when the time for trial approached, a,:,
order to allow them an opportunity of senaltol7,ssialtetAi
to examine witnesses in China. The CO° •alie ¢t e'
tained, but they did not send out for a long tf,st ,itove
and the result was that the action could le jaiitilt
now. He (Mr. Cresswell) had to inform t t,
hr
made out the amount of damages clairaej• Pia tee
computed in two or three different Inn ~ehsese• hstiiidsp
supposed that if the money invested i, 'tiffs °lnd clifor,
been invested according to order, the plaa, sec°;o,l t,'
event had been in pocket about £B5OO. ,le-ert se'rice;r,te,?
tion was on a supposition that they had rlcet t°,,l-1",0
diately on being landed, and the then flrdiatrid Pot
supposing that they had been shipped 8 oVe :07 $t
and then the plaintiffs would have been abd been itsitLeo
than they now were. If, however, they tbetn,,e P',4c
time to time, as the market would bear lei ofr
market price, Messrs. Blain and Son wciiiiat
pocket about £7OOO. He felt, however, dots aecati,olo,!
the true measure of damage. The defe"
.14041
to invest the money in the manner 'haler
were limited to the purchase of partic,,ley !itelattireii
teas, and if they could not obtain thou, "ther
15 olioo
remit in bills or goods according to the c'ocis ria)
the order. The question of advances in, gftheY `shad
the present action by the plaintiffs ; anu done'
the money at the time they ought to ha sr" srarof '4
de, •oa e
have been £6900 in pocket. tea tr eePtV
Several witnesses, engaged in the io
called, and deposed that the teas, with We deocr
parcel of hyson, were very inferior to the d
tie p▪ „
in the order. Prgd
Mr. Williams clerk to Messrs. Bew„leibs. 10,11.
gross proceeds of the teas were £12,16" barge t
Mr. Martin proved that the amount c cif ths,tog 'ries
• toed oral rO.Ol
spective teas were £12,843. The in ace °r t•a
the time it would have arrived, if remitted
wool 140,
would have been £1199 175., which] gOc; thethe of
.d
amount to £14,043. The nett procee.s
were £7091. Deducting the sum broug
cantoa,ro
0;0 •
teas, £6952 would be left. •urY, the ell',
Mr. ALEXANDER then addressed the deirjeep
behalf of the defendants, that they wered thesfave ei:6?l
Messrs. Blain and Co , and had executeo,o a.4„l),Vi'V,
the diligence, care, and caution, that c 10;
ployed ; that they had sent teas corresP s'l4o,
the qualities as could be possibly Pnrercee °C,Peder'°!?•o
doing they had faithfully executed the °4",sice
plaintiffs were known by them to be ON: I,oomallisier,
and he put it to the jury whether, with 00,;aicior
fact, and seeing before them an aster tb,r ore itisoo #ll,
Messrs. Daniel would not have acted
refraining from sending them a single_P°Aed. the °O3
ing judgmentbest that the market attor.atea ie tlit‘ei
their and discretion went, exe._ schee, cello*
although the teas happened to arrive he.teyo p_`,o cello
falling market—a reduction of from 30 °that:, efvt
taken place, according to one witness"of tahoe.oo,2ot
theirs. He thought that the proper test
Woo 'it feltLlit
an order by an agent should boa not 'To it 'ittsfietift,
but what was obtainable, espectallY,wcottond, Pttictoy
that purchasing tea in the market or velance#l3
ferent thing to purchasing an article in P 'to Y
that they should have heard nothing bied,,oo
the teas had come to a rising markut• ~100,"f
Mr. Archer was then called ,on
"
Of
that he had once held the situation 0-

V,
Th'ecilet for I
t'eltt rc

f
brie
et was roe
;over to -
inolence," that
tide
in
to P
wi"ool t
was ,t the
lest bat ore

dale.
defenee:e had
, the et,,f,ce•
of vin
nonu'Aritgge,
bee', migbt,
;c1 anulL,rned
The 7-beta
ich ba"
~ call a P
, dem
led genth . and
lepPro'wrtiol!
r
n one
coa3
• eat
to prl'
with tbersolt
.c•
fr.
oce
Burl 5
be
call het if

sbe
d be
as 00 t
ars old, sbe
' or
girl dead
bed
ae to io be
r 0°

but
11°tIliPg

,DA
it at pipe
orn

doff,
Blain a ineisi
the P °ug°
the I)
Inen
the actti of
lfilroen fer
CrelaPt;ciitlc'
sbY for