The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-08-27 00:00:00

HIGHWAY ROBBERRY.

Alexander Shee, 23, was charged with having assaulted
Ralph Boyer, near Manchester, and stolen from his person
the sum of £4OO.

Mr. Brandt prosecuted, and Mr. Wilkins appeared for the
defence.

Ralph Boyer stated, that he was sixty-nine years old. On
Saturday, the 20th April, he went to Manchester for money
for his employers. He received the sum of £650: £4OO was
in gold, and £250 in £5 notes. Ile had two waistcoats on,
and he placed it between the upper and under waistcoat. It
was half-past ten o'clock in the morning when he passed out
of Manchester. He had got to the third mile-stone, when
' he saw a feW- watercresess, and, wishing to gather some, he
went through a gap into the field. When he returned, the
prisoner at the bar and another man, who stood at the end
of a large building, off the turn-pike road, asked him what
he had been getting. Ile- said, he had been getting a few
cresses. The man, who was not in custody, said, " You
may get as many as you have a-Mind, if you choose to go up
that lane; there's such a quantity of them." Witness went
one hundred and twenty yards up the lane, followed by them.
He then told them, that there was nothing at all of the kind.
Suddenly he received a very heavy blow on the head, with a
stone. He (the witness) turned round, and saw the prisoner
gathering his arm up for .second blow. Witness held up
his arms to defend his head. The prisoner struck at him
:repeatedly, till he had brought him to the ground. The pri-
soner struck him several times on the head. Was very much
hurt. The other man was close to him all the time. When
witness was on the ground, the prisoner at the bar got upon
him, and tried to put a handkerchief into his mouth, as he
had been crying out before that. They were both upon him,
and, while the prisoner was gagging him, the other man was
robbing him of the money. He was pulling out of his breast
the sovereigns. When he had pulled them out he exclaimed,
" I've got it !" immediately upon which they both sprung to
their feet and ran away as fast as they could, together, down
the lane, the road that they had come. Witness followed
them a little. When he got to a little distance, to some
houses, at Gorton, he gave information of what had hap-
pened. A man named Backhouse, with others, went in pursuit.
He (witness was not able to go in pursuit, being too much
injured, and weak from loss of blood, which poured from his
head profusely. Soon afterwards, the prisoner was brought
back and recognised by the witness.
William Backhouse, a hatter, of Gorton, testified, that the
prosecutor came to Gorton on the morning in question, with
his head bleeding. He complained that he had been robbed of
£4OO, and-described the men who had robbed him. Witness
and others set off in pursuit. They saw the prisoner cross
the road and enter a field. They sought for him in the field
and found him at the back of a hedge gathering nettles. The
left side of his face was covered with blood. The pursuers
caught hold of him, 'and told him that he and his partner
had robbed a man of £400: He said he would go with them
any where for what he • had deme. He had blood upon his
hands and wrists. He was asked how the blood came there,
and he said the nettles had stung him. He denied that he
had ever been with any other man that morning. When he
was taken into the presence of Boyer, the latter immediately
recognised him, The prisoner was searched, and 4s 6d was
found upon him. _

Joseph Taylor deposed to having seen the prisoner, with
two other men, loitering near the lane end where the old man
was robbed. He saw the prosecutor come up, and he was
accosted by the prisoner and one other man. he'third man
had entered his field : he ordered him out and did not see
him afterwards. The two men and the old man went along
the lane, and, in a short time, he heard a sound like a voice ;
be thought it was a bare, and said, " Yonder men have put

up a hare." He stepped on the banking, and saw two men
running, but he could not say who they were, but they had
on the same coloured jockets as the men whom he saw go
down the lane. About half an hour after he saw the prisoner
in custody.
Mr. Merrick, of the firm of John Howard and Co., the
prosecutor's employers, proved the delivery of 400 sovereigns
to the latter to carry to the factory at Hyde, near Manches-
ter.

Mr. WILKINS addressed the jury for the defence, dwelling
principally on the mistakes that have been frequently made
in respect to identity.
The Jury found the prisoner Guilty. As it was intimated
that the prisoner had witnesses to speak to his character,
who, however, did not answer when called upon, his lordship
deferred passing sentence, saying that he would hear them on
Monday.
The Court adjourned at half-past five o'clock.

NISI PRIUS COURT.—SATURDAY.
LIBEL.—WALLWORK AND ANOTHER V. TAYLOR.
This was an action arising out of a dispute as to a recently
invented machine for the uniting of engine bands and leather
strap, so as to leave no inequality of surface. The defendant,
who is an attorney at Bolton, had (acting for other parties)
drawn up and published in the Leeds Mercury, of the Ist
June, 1839, an advertisement, charging the plaintiffs with
manufacturing and selling engines, of this description, of a
spurious character the idea of which had been surreptitiously
obtained from one made by the defendant's client, a person
of the name of Whittaker, an ingenious mechanic at Bolton,
who was pretty clearly proved to be the inventor of this ma-
chine. After the case had occupied about three hours, the
parties consented, that a verdict for the plaintiffs, for nomi-
nal damages, should be returned. Verdict for the plaintiffs,
damages ls.
ILLEGALLY PRACTISING AS AN APOTHECARY.—APOTHE-
CARIES' COMPANY V. GREENOUGH.
This was a special jury case. The following gentlemen
were empanelled :—Messrs. George Bealey, Henry John
Steele, John Sutton, Joseph Fry, Thomas Murray Gladstone,
John Abraham Tinne Thomas Phillips, Jonathan Smith,
Thomas Robinson, William Currie, John Hamilton, and
Henry James Nicholson. The action was brought by: the
master and wardens of the Apothecaries' Company, of Lon-
don, against Henry John Greenough, a chemist and druggist
at St. Helens, for having practised as an apothecary without
having been been regularly educated and certified, under the
provisions of an act passed in the 55th of the reign of George
the third, amending and altering one of the reign of James
the first.
Mr. Cresswell and Mr. Robinson for the Plaintiffs, and
Mr. Watson for the defendant.
Mr. CRESSWELL stated the case. He said that the council
of the Apothecaries' Company, who were the plaintiffs, had
not brought the action for the purpose of gratifying any per-
sonal feeling or reflecting any injury on the defendant, but,
simply, in the discharge of what they deemed a public duty,
namely, to protect, as far as they could, her Majesty's sub-
jects from being practised on by ignorant empirics. The du-
trimposed on them was one of very considerable public jrn-
portance, and one which they could not exercise without, in
some sort, acting what seemed an ungracious part,-and they
had no great desire to put themselves forward on such occa-
sions. But, in instances where parties had violated the sta-
tute under which they where incorporated, they would be
guilty of a great dereliction of duty, if they did not bring the
offending party before the public, to deter him and others who
might also be guilty, from continuing their malpractices. Un-
til the reign of George the third, although the Apothecaries'
Company had been in existence for many years before, they
had no authority to interfere with any persons, however ig-
norant or incompetent, who took on themselves to give ad-
vice and to administer medicines to patients. In the year
1815, however, a statute had passed to restrain persons, with-
out knowledge, or education, or acquaintance with the prin-
ciples or practice of medicine, from giving medical advice,
sometimes to the injury of the constitution of the patients
and sometimes to the loss of life. By that act a hoard of the
Apothecaries' Company was constituted to examine all per-
sons intending to act as apothecaries, and, by one section, all
persons were restrained from practising until they had pas-
sed an examination and obtained a certificate from that
board. In order to enable the board to efficiently carry out
that provision of the bill, and prevent unauthorised persons
from practising, by a subsequent section (the 30th) a penalty
of X2O was imposed on each infringement; and it was only
by imposing that penalty that the company were enabled to
be of benefit. From the time of the passing of that act, the
Apothecaries Company had taken great pains to raise the
standard of education amongst those practising as apothe-
caries. They had, by degrees, become more strict in exami-
nation, and he would now show to what extent the education
of the medical practitioner was to be carried. In the first
place, the aspirants were, according to the act of Parliament,
to serve an apprenticeship of five years ' • and then the com-
pany required that they should attend three winter and two
summer sessions in some school of medicine ; they were to
attend a vast number of lectures on chemistry, anatomy,
physiology, botany, and the principles and practice of medi-
cine; and that was to be continued through five whole ses.
sions in addition to the five years apprenticeship, before they
were allowed to apply to be examined. It was of great im-
portance, that unauthorised persons should not be allowed
to creep into the profession, to administer advice and pre-
scribe medicine, whereby, no doubt, much mischief and loss
of life arose, more especially amongst the working classes ;
for they always found a disposition to trust to quackery where
the parties were the least instructed. It had been said, that,
in all instances where persons were found running after
quacks, whether in religion or medicine, they were wanting
in intelligence. It was undoubtedly known how prone peo-
ple were, in medicine, to trust to one who professed
to be the curer, by one remedy, of all diseases. Some
people were wild enough to trust to Morison's Pills,
which were said to cure every thing ; and he did not know
how many thousand pounds were said to be paid yearly for
the Government stamps. The Jury had heard, too, of St.
John Long, who professed to cure persons by rubbing their
backs with a certain blistering matter—a course of treatment
which terminated in the death of many people ; and it was,
therefore, necessary that the company should enforce the
powers with which they were invested. There were besides
quacks of that description, another class of unauthorised per-
sons who took on themselves to practice, and those were
chemists and druggists. Their proper sphere was to mix up
and sell, not to administer. With respect to those persons
there was a very common error, which the company were
desirous to be made known, namely, that they might pre-
scribe over the counter to persons who came into the shop,
and that that was not practising as an apothecary. There
was no doubt, however, that it was practising as an apo-
thecary. From that habit of giving advice over the coun-
ter, it was an easy step to go out and visit some patient,
ViickebXr IfcerMersegj;laik-ii? ClkgedYl;gll-, WlTtirsee.lAsolt!
cary. Then there were others who practised as' surgeons
and apothecaries, and who, if attacked by the company's
agents, said. "No ; we do not practise as apothe-
caries, but as surgeons, and only give medicines as auxiliary
to some surgical cure." However, that was an affair between
them and the College of Surgeons. In this case there was
nothing of that kind. The defendant was a chemist and
druggist, practising at St. Helens ; and he had not even con-
fined himself to selling over the counter, to prescribing in
his own shop, but had gone out to attend patients, not gra-
tuitiously and out of charity, as had been represented, but
had charged for his visits as well as his medicines. The cases
which he had attended were not surgical cases, for one or two
of them were typhus fever ; and in no instance was there any
pretence that they could be called surgical cases, nor, indeed,
had the defendant any right to practice as a surgeon. He
(the learned counsel) should exhibit some of the bills of the
defendant, and the jury would find that he had charged as a
regularly educated and authorited apothecary would have
done. It having come to the knowledge of the company that
he was practising in this unauthorised manner, they sent him
a letter, desiring an assurance from him that he would re-
linquish the practice, or they should be obliged, in discharge
of their public duty, to take legal measures against him. To
that letter no answer was returned. The board then sent to in-
form him, that, as he had not availed himself of the opportunity
which the master of the wardens had given him of satisfying
them on the subject, they had examined witnesses and were
about to proceed against him. Then, after the writ had been
issued, and the proceeding had advanced to a considerable
length, and when he had an opportunity of availing himself
of the offer beforehand to. take no proceedings if he would
promise not to offend again, the defendant wrote to the com-
pany a letter, in which he insinuated, that it was his success
that had induced his rivals in the town to complain of him,
and stating, that he had only paid visits of charity and hu-
manity, and had not, in truth, exercised the art of an apothe-
cary, although -it ,would be shown, that he had regularly
charged his poor dupes for attending them. The defendant,
in that letter, also promised, if the action were stopped, to
cease going out and giving advice. The company were quite
willing to stay proceedings, keeping them suspended over his
head, if he would promise not to practice either at home or
-abroad. He had not chosen to avail himself of that offer,
and the consequence was, that the case had been brought
into court. The company, to protect the public against that
which was a prevailing evil, had felt bound to bring the case
before a public tribunal, in order that this man and others
might be informed of the state of the law, and induce or
compel them to conform to it in future.
Mary Owens examined.— She is the wife of William Owens,
who lives at St. Helens. John Gerard, the son of Joseph
Gerard, became a lodger in her house in July, 1838. He died
on the 12th of February, in this year. He was taken ill on
the 31st January, and then sent for Mr. Greenough, who
lives at St. Helens, and carried on a druggist's shop. She
went for him, but he was not then at home. He, however,
came in the course of the same evening. Mr. Greer was
afterwards sent for, and.attended Gerard until the 11th Feb.
Dr. Mac Leroy, of Farnworth, was also called in. Mr.
Greenough attended Gerard, almost every day. She asked
him what ailed Gerard ; and the answer was, that he had a
pleurisy fever. Gerard was not then lying in bed, but he
afterwards was confined to his bed, and, whilst there, Green-
ough went up to see him. The medicines which the patient
took came from Mr. Greenough's shop. She sometimes
fetched them herself. The defendant gave the medicines to
her, and they were taken, by Gerard. Sometimes the shop-
boy of Mr. Greenough brought the medicines.
Cross-examined.—The chemist and druggist's shop be-
longed to the defendant's sister. He attended in the shop
regularly, and conducted the business. There is a sign over
the door, having on it, " M. Greenough, chemist and drug-
gist." When Dr. Mac •Leroy was called in, he said thfit all
had been done that could have been done. Dr. Mac Leroy
came on the Thursday succeeding the Tuesday that Mr.
Greenough came.
Joseph Gerard, the father of the last witness, stated, that
he had paid a bill for Mr. Greenough, for attending his de-
ceased son, of £3 9s. 6d. The defendant did not send in the
bill. Witness called at the shop to pay it. The bill produced
was the one Mr. Greenough gave to him.
The bill was put in, and a portion of it read. There were
charges for visits, (the rate being Is. 6d. a visit,) as well as
for medicines furnished.
On his cross-examination, the witness said, that a person
had called upon him for the purpose of getting hold of the
bill, stating, that a wager had been laid upon it. He, how-
ever, refused to deliver it DA, though he had shown it.
A number of other persOns were called, principally poor
persons, who proved that Mr. Greenough had attended either
themselves, some member or members of their families, or
some person with whom they were acquainted. In two or
three cases the disease was typhus fever, one was inflamma-
tion of the lungs, another a violent cold, and in all these cases
Mr. Greenough had been successful in his practice, as
peered from the cross-examinations of Mr. Watson.
Henry Marsh stated that the defendant had informed him
that he had a great many patients, and had a number of bills
to make out, upwards of three hundred ; but that he had
great difficulty in getting paid, as his patients were principally
poor people.
The bill produced was admitted by Mr. Watson to be in
the handwriting of the defendant.
Mr. CRESSWELL intimated his intention of going for one
penalty only.
Mr. WATSON then addressed the Jury on behalf of his
client. He said, that he gave full credit to the Company of
Apothecaries for having instituted these proceedings out of a
sense of public duty, and he felt called on to say so, inasmuch
as they had not instructed his learned friend (Mr. Cresswell)
to cast any aspersions on the skill, competence, or ability of
Mr. Greenough, who would be an ornament to his profession
if he had only passed his examination. Mr. Cresswell was
not correct in saying that the company was first incorporated
in the reign of James I. They were then a private company
only, and it was not till 1815 that the present law was ob-
tained. Even now, if any person, or number of persons,
sustained an accident, a chemist or druggist might attend
them as a surgeon, and administer medicines, and he would
not be liable to a penalty under the Apothecaries' Act, More-
over, any man, whether of education or information it mat-
tered not, might put doctor at the end of his name, take a
gold-headed cane in his hand, get into a carriage, and practice,
as a physician, in any town In the kingdom, There was no

oat en,i4
law to prevent him doing so. Mr. Watson then
contend, that, with reference to the chemists Par
there was a particular exception in the Ac that the Pe/
In the 28th section it was expressly provided,
,tpote,t,a°
and other enactments were not to apply, in anY''prelo''',o
chemists and druggists, or to affect their trade 'Zvi,. to l'!„
vending, dispensing, and compounding drugs. wherell;
it appeared a most difficult matter, indeed, to telleiternic"j
business of a chemist and druggist began and whe,,,rerof °at
where the art and mystery of the apothecarYFcire— ted ,'can
that of the chemist terminated. He was instrteof,'"o,
nearly every chemist and druggist was in thee. atillat is, !ie.
over the counter medicines for any ailmen; elarinJ
might go in to ask what v•a- good for la
cold, arid.oei,
and whether he could give you usagnything for iAtn;dyet,acc°ol
tell you and mix what he considered best. m .as
ing to the argument of his learned friend, that ftbe
on the business of an apothecary. The law 00,, ,obotiitol
they would hear from his lordship ; but What L'ee'ppontlai
atosstihsteainreceonresinddeerraetdiontowtashe, winhdietllidedrutahlse attendance pon,'
who 011ie ,etbet't
were as a chemist and druggist or a surgeon ant' sloe folleoa
He submitted, that the defendant had acted In ~,e'eetl,A
capacity, and that he was justified in so doing I)l4iesra'"
of the 35th Geo. 111., to which he had referred. "us be e°lli
friend had been pleased to illustrate his case hy'ts
sidered, the most unfortunate instances—Morisen
St. John Long's practice. With respect to Wr-hektiey,
they were a most efficient medicine, and he spolie.,. (tad,.
in the presence of those who have used them niaceraclitiooe
ter,)—and, as to St. Jong Long he was a reel° faaa• es,
Mr. CRESSWELL.—He was a gentleman s foo basis„,
Mr. WATSON.—Whatever he was, he carried, °III', feai fcti
in one of the most fashionable streets in Lonni'L thearto
consulted, too, .by the most fashionable people. P gas V at
the letter which had been addressed to the conli'd P
defendant, in which he said that his employer li,auving,Prof
to much trouble and loss in consequence of his. feebil,,,,e
tised, and that he had done so entirely through sey, for twig
humanity. Now, he wished to'impress on the inorain4o
sake of the character of his client, that every /wens
letter was fully borne out by the evidence. 5t...-tingri,ifol
situated in a very populous neighbourhood, consi:htio dir
cipally of poor people; and all who had been hrlringuilSl
as witnesses were poor persons, who had been suGreerioalso
serious complaints ; and many found that Mr• his re°. ji
practice had been extremely successful, and, G.)110
small,. one witness having stated, that be 0„,11r ,e delearar
hadgreat
affirmed, number
that
fat billshe wasrem remaining
actuated
onlynulnyp ai d • 3- .• of he
by a feeln.irgeetaslo
nity, and that, he thought, was shown by 3 street
mentioned by one of the witnesses. A you onenifol
labouring under typhus fever : her friends sent 'eel oba bat
cal man, and he refused to go, and the seceilile cs-,1
applied to also refused personally to attend to the JO
sent his assistant. Then having a knowlebtig
and skill of Greenough, diey applied to him, and be oire4t,
any man of humanity would have done nil derctiefeua",,o
stances. It might be law to impose upon the .prewd'ith
penalty for having so acted ; but the law was e'tro de t"be
hard one, though, of course, the jury had nothled 0041
the hardness of the case. The defendant action 3id ""to
vet. s
had acted as a chemist and druggist, but to
he was an apothecary, or induced a single Pelle jall,"'i.eo'
him bY having represented himself as such. 311,' teas'
say, under the direction of his lordship, whetheer :dedtbaet
ough bad acted as an apothecary. If it were d e'setibiP
had, then he must go to prison till the law relea
‘,• at,
submit to the mercy of the Apothecaries' Cola3lter iii,'ociag `'alo t,
The learned JUDGE then summed up.
A 0
luded to that section of the act which irriPn'esNaviultbsi
any person who practises as apothecary withon4o/1000
tabled a certificate, he said, that it was not Pr`tion .ar, of
the defendant had obtained one : then the Vet ,ecn'i."o,l
whether he came within the meaning of the 2St -00to'cf,
the act, which provided, that nothing the dr
should be construed to affect the trade or
chemist or druggist in buying, preparing, coinP°J., "ost
pensing, and vending medicines and comPow'i
either wholesale or retail • but, that he shall 8," ,erhlar
and exercise, and follow his trade and business, in allure
ner, and as fully, and as amply, and to all red en, AO
poses as the same trade and business was car fact, oa:eijg
the passing of the act? This was a question oi '3 vas,: ing
be
the jury were more qualified to decide on than nesitles,
that they were twelve, and he was only one• singhedtl't
a matter of fact, it was for the consideratienat"teof.
alone. His own belief was, that, before the P reit e:.,,t0
act, the chemist and druggist• had not, to any fesoribl7llo
acted as apothecaries—that was to say, in PbetiVet;so
patients. The Jury would draw a distinction•bei be
mere fact of prescribing, and the right to preserl7l,. npe sa`lje•
the chemists and druggists might have ocsien3"
a privilege which, by right, did not belong to tbeilici arlitbe
fendant's counsel had argued, that chetrdshtsurioeinee,,Ofer
were not only in the habit of prescribing, - was I itgi
of opinion, that, by the words of the act, there , oba,eio,ci
preserved to them of so doing. The words were' reearla air
preparing, compounding, dispensing, and wen"the tele
and drugs :" but the act' gave no definition of t.ee of P
opnemnsstirin.mge, leaving it to be construed by the Pile° e
CRESSWELL.—I apprehend, there
tba" 4:31
my lon., Disr•acrir
nothing in the word which means prescribing' of Pree,°
in the profession, means makino• up the orders ioto
tions of another—" a dispensin° chemist," f9r,„, 00P,sn't
is often seen put up at the doors of the cherrns'
furAHnii
jsshi;Lßtloo.l:giDiAvSNeri..lP apprahended that dispensing
ougbff:
describe e • icitly the difference between the v,
.—Would your lordship he kinciters 4°l
chemist and druggist and that of an apotheca,rYt•he BC,nni!!':
The JUDGE.—There is no definition of it 111
apothecary is entitled to prescribe, that is certain; tb‘d
extent the powers of the druggists go depends:are prslooil
ing of the words I have quoted to you, °dr t I°nd°'
the trade before 1815. That is a question of oei,olst
stances,
e sd,e
but
tmfirnoem
thamong"ewonytooufrtsheleve-s— trade.o t fro
litro'i.7,!
The Jury retired to consider their verdict, quarost
them a copy of the act of Parliament. LI tlirfe;paPer%e
an hour they returned, when the Forernan rea" ev4e;lbe
ft
ing, that, in consequence of the absence of anYci for
show the practice of the trade, they bad foal' 3lsi•
fendant. , that ie.
thee
The JUDGE.—You had better not give
your verdict definitive, either for the one or thed:rit• „Oil;
The FOREMAN.—Then we find for the defeeco, r;;relhe
UPSETTING OF A STAGECOACH.—WEAII",IIVeat!),b",
This was an action brought by Sannlo
watchmaker, of this town, against Mr. Rieharutbate
prietor of the stagecoaches running from E°`
ter, to recover compensation in damages f°l. 3 ..
tained by the upsetting of a coach in which the
„,
a nassen,er. ho enncr+nrrpnngs /NC
gence ot the driver.
Mr. Murphy appeared for the plaintiff;
Mr. Brandt, and Mr. Warren for the defendati"tber
rd,'
It appeared, that, on the Bth of May last,raees,oooo'
thweithwaaspraerttyurnin offriheonncilse,
ihnatdhebeeveennitnog, io
Chetshteeri,isidYttiSllpo,,i,
he coach was overturned, in consequence, as the dlloic't
tiff's witnesses affirmed, of a rivalry betweenne'd the!, ;tlioit
the Lady Stanley and an opposition co_a.cili_flos litcodl,et
delle, as to who should get first. e", , afr'o4tePthe
swearing on both sides : one party as strong drat;het' t'
the others as stoutly denied. Ail the ler .00
attributed the accident to the determination esfolnlVie:sd;
driver of the Hirondelle, to pass the Lady the side
tempting to do which the latter was driven so i,ert‘t
the wheels getting into the ditch, the coach ur:tieir iptl"
one witness said, laughing, all the passengers Thee
hedge into the field, like a pack of crovrs.,
arm was dislocated by the fall.
The Jury gave a verdict for the defendant.
The Court rose at twenty minutts past secs

MT The.
Sergeant
courtei.g e aonCp
EctlTEtuyT,lssTir cas.ol,,a.
t 1,000; tio
teRnAI
Td:HeVaHEtNn Cn
e 0
eRI
oTe
k. -111 -O.),"DAV•
Mr. WILSON, appeared to prefer the pros ec „O'
soner was without counsel. virec7
----Holme, was indicted for seditious et'x's.
co~-r
on the 12th instant. 'ol'.
with tol
aloTnhgewiitnhdioctthmeresnttochearergaeted
atrhieot parnidsotiniesrtnelsecje,,,Dit,
jaenedtse;ndtoanrgeesristthe;hlievelsav,uns do
fp rtoheperrteyalthof
;borer aiethbteoe,ittlie::::::,
itoJ
workmen of certain mills to turn out i'ren'
meat.
Richard Beswick, head constable of tor', itl)
that he went to the top of Alcock-lane,
pTrriasvoenresre-wsatrseeint meta t pjfoxesiroofda.bout lucv;001
them a banner, with the cap of liberty. of
scriptions on the flags were " The rigr There e etp,
that won't-work, neither shall he eat.'" ty-be `1,013
of music with the crowd, which when they '3l. tole ocri
ceased to play. Witness ordered' the Prislbee 0701,60
into custody. Subsequently he told him pone 'l4l
which he was apprehended,—that he had ahe bps
mills to turn out the hands. He replied had
3/1
but to four or five mills. that Ile AO
Cross-examined,--Prisoner told me
engaged that morning to carry the braille?.
04,
to have control of the mob. tert,-• lot t
David Lepit corroborated the above ePP',. ri's ory
Jeremiah Woodcock, overlooker, at Barlt-gliriolle
that on the morning of the 12th August, abouiv. ei
he was at work at the mill. A crowd Caine
.r•sol
a banner, with the cap of liberty, with the and ocsedlot
crowd clambered over the wall, into the Yar.`,lic and he egf
gate. Part of the mob rushed into the mu:wed t,-„,„1.!
" turn out your hands." The engineer or _.t, 000
to be stopped, and the hands were turned
.••• the ,00
persons who came into the mill struck lllui o
wa
r 0
Bs
and another presented a pistol at him• , the e rioty 01
.
A man named Norbery, deposed to seen'',. was
out of the mill, and said that the prison e' diet e,t'
rOl 01
flag and the cap of liberty. ntencetierl'ais
The jury found the prisoner Guilty•se Ste"
Edward Rhiley, was indicted for having e
ing for the purpose of being trained to the_,:pietioP
arms ; and with training others to military
_4lO
• Mr. Wilkins appeared for the prisoner. the AP
The particulars of the case, as stated bY,detice%„,ikep
GENERAL, will be found in the subjoined loon 5e
David Higg,inson„police-officer, of Ma"c_
on the 3d of May, in consequence of infor''tiot 1"01'
to the Old-lane, at Newton. He went int,o
saw about 25 men standing in the lane ; orP• the
They were drawn up into a line, and the pi' Thr_4rs 00
front. They bad not any arms with thea-,,ei ted throk
ordered them to stand back, with the right no'rdeeeir hioji
left foot. They obeyed his command. 1-I%g tbbleir bit/
" stand at ease." They did so, by cIaPPI nut t tbAt tr,
He called out " attention," and they thelkerdollef(oo,
to their sides. He said, " Now boylinei me
t"
well." The prisoner brought in other, then
rear—a great number. They formed al °itig tbi'„o,,r4
drilling continued for about an hour. DT ect'lso,
ness stood in front of them, amongst ti%bout
numbers that were drilling increased to _lli° not 4,3
• le the 11 if4'tY
was another person commanding besic ae 000 I,
orders. Witness did not know him. ";bout
Rhiley before this occasion. There Nyer:l;ot 11e.,.4i1e(),
tors present. The drilling commenced , .t , ,01
evening, and continued till about halt-Phareastl
he ton ile
they were dispersing, they fell into four 070 01°
calling out " quick march." Previous . the
ot I"`" bag" t CP 51,
they were in two lines. When they,g a sa bteso,
road, an order was given to " halt, .7 they' 014'011,0,
" march forward." Witness accompanie.t.
nto fo.
quarters of a mile. At the time they fell I oviaßj, Act;,
bY • 1J- seer
the prisoner had ordered them to do so,
..isoner or over
four a-breast." At the drilling, the Pi, witutolitile,i,lolt
boys, you've done that very well ; we Pi',
~/ the povtibG
and then we shall be ready for the pit whell_nr" t-te
information to Mr Beswick, and was Pres,_ee Lock lot s,,posli,
was taken into custody. It uus at be bad di, gc,P,'
same evening. About ten minutes aftert „esto
.st
prisoner, Beswick took the prisoner ia roof':
the Lock-ups, at the time they were War ioggieriL,
-texamined.s7Aptettehre
tary procession.
I foundUross ail' a trd
and av, Jiro Avu,o,,
They are not here. At the time the otrle',:raits.,,,ere'et;
prisoner called out to the spectators forrc Pt,'„
" fell in." When we got over the Sal.:`is"oott'it:a'ar7olse
cry of " nicks—there's a policeman- the lidos
dress. They said, if there was a poliicefell intooder, of
kill him as go to Manchester. tithe eoa„"',4.arJs.oooll
in front, with the adjutant7general• t t 100 't. ers
serjeant. I marched with them abo" ,wese'l2tittpt
marching with them when Buckenall threei:; vita foi
at a place called Miles Platting, abtwrthe 00, , 1)e
mile from the lock-ups. After leaviiitou 0041e.600100Y-
otimrtew! got to
itoliaell
exoficeriii,lo;
stood beside a public-house door• e that 4100
engaged in any military exercise befor ~he
not fall into tho ranks until after theYlt3P".

lelqme
, Person
4ati l
etete •se i
tamed Fairplay. I never was engaged in
alahee'rhepris with hm. At he time Beswick are-
erswas the we'll:leer, be Rea one of the four in the front rank ;
411144de theirinaander. As soon as Beswick and the other
I.l4.ex,raarcain,r /I.Pearance, the whole of the persons who
•r'qrsto°4?lcd ; Sergeant
off.
' e la•• slght of t, ATCHERLEY.—i was. about two
taln.ue Prisoner when he was drilling. lam
Beswick,
rs to Hi examined by Sergeant ATCHERLEY.—
'ttrte 04 of gginson and a man named Orton. I sta-
Ne,4, Ppace near the lock-ups. About ten minutes
sta-
g `ii,der°' a trampling as of soldiers marching. I
'et walkiY carne nearly opposite me. I saw David
ktisvallenz ,11,g on the footpath. The prisoner and others
Man, Middle of the street. Higginson pointed
ek;:lalleeoliutlten who I seized, and put into the lock-up.
talc ° the officers whom I bad stationed ; they
lairaggied
villa five or six into custody. I seized Rhiley,
aed!,!,. called much to get away. An officer came up
turaarties
!le:rinoaar !' the Rigginson into the lock-ups, and he iden-
except one, and I discharged that one.
Sul •Ot beensciel.ri„e. of the men identified ;—he stated that
take, if he , ronng, but had just left his sister's house.
ktiNuiry ,Ttd tell me where his sister lived, I would
Vaw the nether his story was true. He said he did
f,`, cat of r!ile of the street she lived in, but it was some
~.,rze,alaytioleAl7.rntroad.
TltZace of t,`-1 —.The extra constables were appointed in
11:0'as Norboe disturbed state of the town.
sed to examined by Sir GREGORY LEWIN.
11t: 'ee'ng Beswick take the prisoner from the
that 14 A'ttk,
ytch-8' in ad I ssing the jury for the prisoner
qy artiSta, like ttlriee sattendant on the name of
l';tirtai!! '"r a spell to rile taheewild devil withal ; and
aa~~sal,
recreation—h`owever innocent—the name
reme:'.° glat moment you enlist, all the prejudices
t'ech`set 00. an. accusation formidable. He would not, on
!tittt pr casl°ll, make such remarks on the spirit in
heC.elitions had been
.preferred by the govern-
Laita°,.e aandrght be induced to do at some subsequent
Wkelt,p' venture, however, to say that that govern-
?!e excellence, had been called the government
Aktlli't'ith the came 'into office on the backs of the
;It vauntea, St hopes of the people—that government
Noseantente'd over and over again, before taking office,
c'r the roatess on the part of the people was a sure
!es ~fe to se, tentless of government—that government
,t,an example to the whole world—who, had
Vltaeiatne critic on every form, of government, and
a'eat laults with a microscopic eye—that happy. go-
!, `felt • 'leder wh
its
.ose good rule we have the blessing to
4tti„:"at day "eorlty so painful, that they had put into the
afia,P°or working man because he was seen
L'ta' feeih, et d• He cMr Wilkins) knew not what the
,114,14ite,hoalsts
tnof_the jury' might. be, but he would ask
ktakta would '77, to try the prisoner not as. chartist,
tactici:rig a„ any other prisoner. Mr. Wilkins, after
ace fo Ingenious and humorous manner, upon
llt!. to r the prosecution called the following wit-
Rhite an alibi.
live in Boardman-sq I
uare near the Old-
' •1.? ay, not in the same house as lived in on the
a,444ekea h'p brother is a dyer. I remember the night he
tea kfter e°,,aeust,odY. He wasi at my house about five
sa_ Past t'ut o'clock, and
lodgedremaied there till about five
Cr 'ed Jai,en• c, The person I
Shepherd. g
atll•B4l,ta'eulY the. ATTORNEY-GENERAL.—The name
tla er been re 18 placed against the wall. My brother
leesh,,ll,ll to see me at m • lodgings before that night.
,11,4114'0. Mile and a hal?from Boardman-square.
v r f,ound it out • I never told him the name of
'Ns: to, antdthoe time he 'came in I asked him where he
,ed she , e named a beer-bouse. There was a per-
'llet:ol„had Peerd, the master of the house, present at the
ti,tve ail word at my brother's residence that I had
oardman-square.
gasao,s corroborated the evidence of Mary Rhiley.
'ett,i'-res depositions were put in and read. Before the
6eg at th ad stated that he had fell in with the ranks
iiakat e drilling ground for about five minutes.
t.ktion. was recalled b the JUDGE, to be examined in
y
ser He said h
k geattt e meant that he fell in with the crowd.
d aft... ATCIIERLEY reied to the case for the de-
-life on',cornmenting upon the remarks of Mr.
aaTheanntend that the evidence to show an alibi
J aed on falsehood.
ej "11ge summed up the evidence with great
a lira a
°llrld tb b.ok ca aefe_ ae prisoner guilty.
040 aa/or 'red.
tti,,John Green, Charles 311 Milian, Adam
tietetlfinith, John Laehford, and James Haleroft,
'tliiekllo4l.: conspiracy and riot.
be"LT-GENERAL stated the case, the particulars
orig op Pa f° GENERAL below
tahceroft‘st,ted thal he lived at Hindley. On the
, oth instant, when going to his work, about
~.11atland
sitle observed a great crowd, who had with them
kkoteeStoeke,ks—a_avalking sticks. They were walking to-
,t °f s'a t from the village, and he beard
IL,9tk wards 43:-or bout an hour, when they returned and
"thoor'tliae saw
a' esthoughton. Subsequently, about two
li,'Arote was wiZnwd coming from towards Westhoughton.
•itsot'eaataio. hem.
He heard a gun fired. .
k dlSee Laelil---Nivr the assembly two or three times.
II Lachford the
.first time.
Rfe abant
„. •--This day fortnight I saw a crowd at
Nt the. The
Crowd were going down Castle-hill. They
'cv 111)• father's sign—the Lord Nelson. I did
Lrostesti ro' ioe'uftthe
Prisoners there. I saw JohnLachford,
3to,Pato; es afterwards, walking after the crowd.
14 f _
ttat catowill 'There were many persons, besides John
the et Ifold the crowd.
044 cloft, sister to the last witness.—l recol-
t,jtfithef7,ssea-4.1 the 12th of this month.. A crowd of
t trt a doors uouse towards Hindley village. I was at
„ t y he_ when I saw the crowd pass. There were
'sons there. They had a gun and fife. They
'lll ith thers gllq at lily father's sign. I saw none of the pri-
,,tiac,:aboat a!, crowd. I saw Mr. Lachford follow the
ty•taarorof an hour afterwards.
Iti\‘111i11:Y brotted by Mr. Wiaxiats.—When 1 saw the
k le we, Cr was by.
of es was
live at Westboughton, and am a
4ppt,j.wastwit. I work for Mr. Lichfield. This day
ateto"kte ths" rnY master's premises. A crowd assem-
tiaaiht4 coa, factory, about twenty minutes past eleven.
a,'te of about two hundred. _They bad music
iritia Pistol, heard the reports of firelocks. 'I saw a man
140114 the and heard, a pistol fired. I heard one of the
'a' 1" Werer°w(l.sav that they would burn down the
Le •4
can't esnot'stopPid. .1 saw the prisoner Lactifora
ealatiofre any of the others were there. We
Vticttohchfa7dr at our mill named Thomas Atherton. I
kilikfiA4tllid he acsokA, therton if he would stop the mill.
leiticad a no Could
u not do so of himself; but if they got
lit ~s41(1 th ad' fsent, he would stop it there and then.
(11114 ii l'remise theY had all laid down in Bolton, and
attifwlt had to lay down in Hindley at dinner-time.
e did been determined that all work should stop,
(ttetaolkhd
st leave off, there would be more come to-
ka'ca f h use They stayed at the works about a
1 •ex,,, ntxr.
man by Mr w —I have known Lach-
at • ILKINS.
{141t4 clan. 1 Years. I have always considered him an
ei,l7ith4ll. V,vras always regarded as a pious, well-Lon-
liktlet the 'ten the manager said he could not stop the
ttitqli hely a, Master's consent, Lachford said, " No, that
'fict• pia floliadild that it had been determined thfit. there
a..oto_ed in that day. Lachford was very, civil ;he
7,as At, lit talk nor threiti.
,141,4 reta:erbto
4.-1 am manager cif- Mr. Lichfield's fac-
ae4e. 'Lcro:ifer on this day fortnight, about half-past
Eftl hre COriling to the works I was in the boiler-
the it,e. of the crowd came up ands d, " Well, sir,
4io, 1,1'4;1-lager of the mill?" I said, " Well, I believe
VllO heY :asked where the master was, and I said, at
I,l•‘:•they. said4/1. me if I was going to stop the mill. I
`qy 'lb, 44 not know what to stop it for. They
Itabillst tittle 'ald down at Bolton, and promised to do so
V'er kaowat 4indley. They asked me if I would let
Cere ,3;9a'an't I said I would. They said, " You'll r.e-
tON, 11l be been solicited to stop." They then said,
o t exan More here to-morrow.
b
iat es up the Y. Ir. NN ILKINS.—They asked as a fa-
h ght ty
,spina„
A am time-keeper at Mr. Penlington's
"t4c4Vrowdq.,
_I was on the premises on this day fort-
t4,,,,_Nttt%tisi,eo.waii.d,sow;aonr.Bo. passed the premises from West-
They had with them a drum and
l'heNidP the e lw Charles M`Millan and John Lachford
'44l%!allePar„. The following day a crawd. of
_many'
ld tta and Lae factory. They had music with them.
tht kie Pit thesaid they were going through the mill ; we
handy must
ads 'Moth,get all the hands out. The manar
e'toin, out, t 'r man to go through the mill and turn all
nh%a'eed.
amine
Prevent the crowd coming in. The mill
were much alarmed.
V))444
steleson y WILKINS.—I did not know any
ettaehhin,'tle Tuesday. I know Lachford very well.
kA.I4 A uerb,,°°, Tuesday I should have known him.
14;eta4.agnst:011,111'e..-__/
am a weaver at Hindley. On the
•rt• The b 0 three o'clock, I saw a crowd of per-
‘ii••llllane teat had music with them. Lachford was
tecore,,a7• it day I saw a crowd of persons coming up
ITIO was much larger than the one the previous
.° 45.'4 4 —tisk arid sticks with them. They carried
➢ .1514,-.Mert
e 11"--I
'lll ed rn a shoemaker at Hindley. There
aei: ab the Stocks not far from our house. This
tl, a, a o ollt nine o'clock, I heard the report of fire-
that thawow
hat s th,, Passed from the Castle-hill towards the
`4ankraoll castle- hill about three o'clock, coming from
l'ae with !I'll. I saw Lachford there ; he was the
Bf rke s. y went on each side. They had music with
_ ,9'wards the Stocks.
"tet k‘l.\:`i,ort thewno lived at Hindley, deposed to seeing a
talk fire' lilaa, day in question. He recognised Lach-
t.e) to 111 the rid Green, in the crowd. Several pistols
tit,N., 'how Chair. The prisoner related several circum-
,ll,l:tee
.xatnine,ie fear which the mob created.
t,Airrhetilereeone.c.hy
r• WILKINS—Was before the ma-
e',,cti,e'd itnetas9anething being read over to me ; can't
kgt „1:10,144.44t0n it or not.
ofFq °ll TileSd
I live at Hindley. I manage my fa-
• the snob of ay week I was at the works. About
aztah raoh ,a , about 4000 or 5000 came to the works.
tNii(lhoYara_d4l., cl sticks with them. I was standing near
`lllot P the "‘.• Three men came up and asked me if
%%ellen t° sto,, Smith I believe, was one. I said I
ial that eu4le themill; I should' ring the bell, and expect'
,11.1), atop silt' I usual. They then said something to the
Laoallee le i.not Stop the mill they would, and gave a
411 the°' to advance,by lifting up their sticks.
cti)e',le thewlia,actory yard. Some one said, " break the
.11,1},eyNt
about, olelveral of the hands had got into the mill
"14,1°111(11 they e_a !Ind they (the mob) insisted upon their
t.ftep. oie eorii bald they had stopped the collieries, and
1:7) Eh,
.0f
exit
every da,..
y to see that we were stopped.
a`ttaPethe'rl,ett I,`: lands were turned out—the mill stopped.
Noh'YPath S turned out, the crowd gave three cheers.
o her erav,l,o4s are about 300 yards off. After the mob
al 11:ks, I Went to my brother's, and found the
t..lt (pt 540 Vther's works were stopped. My father
-•°11‘ '441 esth 'nds, and my brother about 300.
t`1111) 4
deo}, Mgt", apt overlooker of power-looms at
tlksgany (11 font" s mill. On Tuesday, the day in ques-
tia ogee.r phof the, °r five thousand persons came to the
,Otets.tlt, hree °f the sticks. Mr. Alfred Penilngton
44'10 •Jo aSke(j e mob went up to him. John Smith
th tat to dhea had t the master would stop the mill, for
11ft11 ar°a with piled his. Mr. Alfred said he had
flotthe 'hat up''tiexpeotihr•e Jones ; he said he
.should have his
the4Rds le yarahands to come to their work. They
the ruoaNirle and brought the mob down. Some
weft rof the mill. I cannot say whether or
I\lBll lrlorain„ft., The crowd cried out " Hurrah !"
td' Ire Saw Smith in Westley-lane.
I.4'aernhe,'.e at Hindley, near to the Bird-in-the-
Af,„"ll4le 0111 an a crowd coming on Tuesday. I saw
tele 4vi aNI John Green there • they were fol-
Elba hea
kiti.1111444, 1)4 at elev rd Green say, " Vre shall be back
Lthe-, with rll, that, %it o'clock, and if the factories are
"'ern ci.i" down." The crowd had two bands
welatit'keett Pell reen and M'Millan had each a stick
lAL4A‘ic live at al;
g*it h- lare,-ngton Hindley. On the 13th instant, I
ive theall,e crowdaefactory, between twelve and one
ettitntl thetvhieh Charles the factory,— he had
ia,rk rig tt, i,tetorhe was niyinta.n was there, atndyhad a
iltiLany Theit. y. This
.making a road. for h crowd to
taa work s was at the time the hands were
kleal'°4lii•
, fat g,
saw ired at Hindi •y On Tuesday week,
vP4Vt 444! eroWd ' P
S• V.... With music going towards en-
-44, olillan was with them. In the after-
. two a
7 000 or 8000 people' again Come ;

M'Millan was with them; he had a stick with him.
John Holme, a labourer at Hindley. On the 13th instant
saw a crowd coming from towards Leigh to Hindley. They
had music with them ; some of the mob had sticks with them.
John Green was in the crowd, and had a stick with him.
There was a pike held up in the crowd.
Ann Gregory.—Lived at Hindley, near to Penlington's
factory. Remembered a crowd coming on the 13th instant.
They had sticks with them. They refused to let the hands
go to work. When the crowd was beside the mill, they had
pikes which they held up, and 'cheered when the hands could
not get to work. There was great alarm in Hindley.
John Schocroft—Lived at Hindley. Was a coal-master.
On Tuesday the 13th inst, saw a crowd in Hindley between
twelve and one. They were coming from Leigh. I saw the
prisoner Doodson there; he had a stick in his hand. He
was walking beside the crowd. Some one called out " halt,"
and he began to put them straight in rows. I knew him be-
fore.
Jonathan Ballard.—l am manager at Mr. Walker's mill at
Hindley. This is the first mill on the way from Leigh. On
the 13th inst, between twelve and one, a crowd came to the
mill. They had a band with them ; some of them had sticks
with them. Some of the mob asked me to stop the mill. I
said I thought not. One of them said, if we would not stop
it by fair means, we should by foul. They made their way
through the gates, and again asked for the mill to be stopped.
I said I should not unless others did. They said they would
make the others stop, and if we did not they would pull it
down. I then stopped the mill. There are between a hun-
dred and two hundred hands employed. I saw none of the
prisoners there.
John Middlehurst.—l am engineer to Mr. Sharples, who
has a mill at Hindley. On the 13th inst, about half-past
one, a mob came to the mill from towards Mr. Penlington's
factory ; they had sticks with them. Some of the mob came
to me and said that they had stopped all the mills on their
way, and they would stop that too. The mob came and beat
the door with sticks ; it was opened by some means or other.
A sort of lane was made by the mob for the hands to come
out, and when they were passing through, the mob cheered
them. I stopped the engine ; and one of the mob said I must
go along with him. I went into the engine-house, and was
followed by two of the mob, who insisted upon me going
with them. I did not see any of the prisoners there.
Norman France.—l am constable of Hindley. I saw the
crowd which has been spoken of. The witness stated that
the crowd had music, sticks, &c. Saw a crowd on Tuesday
near Wilker's factory ; heard the report of pistols and guns.
The magistrates and military were sent for. I returned in
two or three hours. I searched Lachford's house, on Thurs-
day, the 15th. I found a gun-lock.
Mr. WILKINS, in an able and energetic speech, inflicted a
severe castigation on her Majesty's Government. (We are
sorry time and space precludes us giving the learned gentle-
man's remarks ; another opportunity may yet present itself.)
After commenting strongly upon the evidence, he called the
followlr'i witness to show an alibi.
Mary Bromilow—l am wife of Peter Bromilow, of Hind-
ley. I remember Tuesday, the 13th of this month. I was at
Lachford's house, at 9 o'clock that morning; I remained
there till ten o'clock. Lachford was in the house the whole
of the time. He was writing. I have known Lachford 13
years.. He is a peaceable, sober man.
Cross-examined—l heard no noise on that day, neither did
I see a crowd.
Isaac Atherton said he had known Lachford from a child.
He had borne a peaceable, honest character.
John Corlis—l have known Lachford for eight years. He
is a quiet, industrious, honest man. I always understood
him to be a religious man.
Richard Steven had known Lachford for eighteen years.
He gave the prisoner a similar character.
John Doodson had known Lachford for ten years. This
witness, as well as several others, gave Lachford the charac-
ter of being a peaceable man.
The prisoner Doodson called several persons, who gave
him a good character.
Smith addressed a few words to the jury, and named se-
veral respectable persons with whom he had an acquaintance.
Mr. Sergeant ATCHERLEY replied to Mr. Wilkins, but as
we have nol been able to give Mr. dr.'s remarks, it would be
useless to give those of the learned sergeant. He contended
that the evidence of the female called was not sufficient to
prove an alibi.
The jury found all the prisoners guilty. Sentence deferred.

NISI PRIUS COURT

THE MANCHESTER CORPORATION-BOROUGH CORONER-

SHIP.-BUTTER V. CHAPMAN.
This trial, which it was generally thought involved the very
existence of the Manchester Corporation, came on yesterday,
and excited a corresponding interest, particularly amongst
the Manchester gentlemen, considerable numbers of whom.
appeared in court—including not a few of the corporate body.
immense bundles of papers and parchments were produced,
and a tin case, containing the Charter of Incorporation of the
borough, on one side of which was a semicircular projection
containing the Great Seal. These mighty preparations for
legal warfare never came into requisition ; but the trial,
which is to be moved to a higher court, was so far of great

interest.
For the plaintiff there appeared, Mr. Cresswell, Mr.
Wightman, Air. Cowling, Mr. Wilkins, and Mr. Peel.
For the defence, the Attorney-General (Sir John Camp-
bell,) Mr. Alexander, Mr. Crompton, and Mr. Brandt.
A special jury was impannelled.
Mr. COWLING opened the pleadings. He stated that there
were six coroners for this county, and the plaintiff was coro-
ner for the Manchester district, and brought this action for
trespass, in consequence of the defendant having in usurpa-
tion of his right, and without due authority, held an inquest
on the body of a woman named. The defendant pleaded
that he was appointed coroner by the Mayor and Common
Council of Manchester, to which town her Majesty had
granted a charter of incorporation. That grant was duly
accepted. A list of persons was duly made, revised, and
published, who were entitled to be burgesses. The Common
Council, Mayor, and Recorder were appointed, and a separate
court of Quarter Session was also granted on the petition of
the Council. The Council, in the exercise of their preroga-
tive, also appointed a coroner, Mr. Chapman, the present
defendant, who held an inquest on the body of a female, at
Chorlton,upon-Medlock. To this the plaintiff demurred—
saying that the petition for a corporation was not signed by
a majority of the inhabitants of the borough, and moreover,
that the charter' had not been accepted. The defendant was
prepared to prove, that the charter was duly obtained, that
his appointment was, consequently, valid, and that he had a

right to act as coroner.
The ATTORNEY-GENERAL (Sir John Campbell) then de.
tailed the particulars of the case 4 He had the lonour, he said
to appear before them as counsel for Mr. Chapman, the defen.
dant. Still it fell to him to address them in the first instance
because he hart to shim 1-I,t+t 1-.1," 1;.,.‘ -- —...i.1.,...:-1 ~....
act as coroner or the borough of Manchester. He went on
the ground that he was duly appointed by the town-council
of that borough, to which a charter of incorporation was
granted, upon a petition from the inhabitant householders,
and which charter was accepted. All this the plaintiff al-
leged in his plea, excepting that the petition was duly signed,
and the charter of incorporation granted upon it, and that
the charter was accepted. It became, therefore, his duty to
show that the charter was granted upon the petition, and ac-
cepted. He believed he should have no difficulty in proving
both. The case turned on the Municipal Corporations Re-
form Act, which came into operation in 1835. That act was
one which was approved of by all the political parties in the
kingdom. It had been approved of by Sir Robert Peel, and
other influential individuals in Parliament. His learned
friend was not then in Parliament ; but if he had been, he,
too, would perhaps, seeing it in the same light, have given it
his support. It was, in fact, approved of by theleading par-
ties into which the country was divided. It was admitted, on
all hands, that reform was loudly and imperatively called for.
His learned friend could scarcely deny the utility of well-
regulated municipal institutions. It was surely of the first
importance that towns should attend to, and regulate their
own local affairs, and not that, as in France, for instance, all
such matters should be managed and controlled by the Go-
vernment, so that no large improvement—not even a bridge
could be built, or a coal-mine opened, without advising the
executive, and obtaining their consent. This country, on
the other hand, was indebted to such institutions for the
freedom, 'and the privileges, which as citizens they enjoyed.
Corporations had long existed ; but unfortunately they had
fallen into great disrepute. It became evident to all that the old
corporation did not manage the affairs, the several towns
under their jurisdiction with due discretion. Great abuses
had arisen. Corporations had become select, and other self-
elected bodies, who acted without responsibility. Even, in
some instances non-residents often swamped those who re-
sided in the town. These corporations, being irresponsible,
did with the property and the funds as they pleased ; and
they frequently gave improper preferences. No publicity
4 was given to their proceedings ; and general doubt, discon-
tent, and dissatisfaction, as might be anticipated from such a
state of things, were the result. Certainly there were some
few honourable exceptions. He was glad to admit that this
town was one which was not amenable to the general censure
on this point. He believed they had acted with great pro-
priety and great disinterestedness, and if all other corpora:
tions had acted in a similar praiseworthy manner, it was pro-
bable that the Municipal Corporation Reform Act would
not have been called for. That act had, he repeated, been
much approved of ; and it improved the franchise in muni-
cipal elections, on all persons (males) who had resided three
years in the town and had paid taxes. Thus a power is given
to the inhabitants (or the better portion of them) to elect
their own representatives in the council ; and the councils
have the power to elect the aldermen and the mayor by the
aldermen and councillors jointly. The council had the
government of the town in their hands. They had the ap-
pointment of the police body, the power to levy rates, and
the regulation of towns affairs in general. They were, in
fine, the executors „of the property of the town, and if any
portion of it was unduly appropriated, they were guilty of a
breach of trust. They were possessed of a just and whole-
some controul, which such a body ought to enjoy in a free
country. Corporations, as originally instituted, might have
available for all the intended purposes ; but they had, as
stated, fallen into a state in many towns, that they required
to be constituted on a different principle. Other towns of
magnitude, too, had sprung up, that had not before had cor-
porations, and such was their wealth and importance, that it
became necessary for their good management that they
should be incorporated.—lst Victoria, chapter 78, sec. 49.
The act gave greater power to the corporations under a
grant, than those possessed by the old corporations, and it
also enlarged their authority. Before it was passed, corpora-
tions could not levy rates, and perform many valuable func-
tions of a local government. it empowered the council
to regulate the cleaning, lighting, and watering of the town ;
but, above all, it empowered them to establish an efficient
police force. The mode in which the old corporations were
established, and their want of such powers, were of the
most injurious consequences. The new act also gave a
power to raise a borough-rate to meet the art of improve-
ments necessary to the health and comfort of the inhabi-
tants. They had also a power to appoint a recorder, and
also a coroner for the borough, independent of the county
coroner. He might here inform the jury, that that the
crown could grant a charter of incorporation, but could not
invest a common council with power to raise funds. The
power of granting that privilege, rested solely with the legis-
lature. In the 141st section of the Municipal act, it was
stated that if the inhabitant householders of any borough
should petition for a charter, his Masjesty might, under
the advice of the Privy Council grant it. The crown
he repeated could confer powers of incorporation, but
the power to raise funds must be derived from statutary
enactment. Amongst the towns that had risen in magnitude
and importance, so as to render a corporation for the ma-
nagement of its affairs, not only desirable, but necessary,
was the town of Manchester. The vast and rapid increase
of its population, and its accumulated wealth, as the great
emporium of our manufactures, rendered it perhaps the
second town in the kingdom. By the parliamentary reform
act, it had been made a parliamentary borough, but still not
a corporate town. The parliamentary borough of Man-
chester consisted of eight or nine townships. (Here the
learned gentleman enumerated them.) All of these town-
ships was under a distinct local species of management, by
constabulary, &c., but of so clumsy and inefficient a nature,
that though they might have done very well in the rude days
of King Alfred, they were altogether unfit for the reign of Queen
Victoria, in the 19th century. In each township there was
a leet jury who appointed constables, who, with staves in
their hands, were employed to apprehend thieves and other
malefactors; but were very inefficient for such purpose, and
the general conservation of the peace. In Manchester they
appointed two chief constables, and great inconvenience was
expeaienced by the inefficiency of the whole establishment.
The police force—such as it was, was appointed by the con-
stables and the Borough Reeve. Then there was a separate
night police, appointed by virtue of an act of parliament.
The constables in Manchester had no jurisdiction in Chorl-
ton, and these in Cborlton could not pursue an offender to
Manchester or Hulme. Each township had its separate
police, and thus property, and frequently life, were placed in
:jeopardy. In Manchester there were but 26 police officers
and it frequently happened, that between the cessation of

their period of duty, and the coming on of the night police,
serious depredations were committed. With a good and well
organized police, there would be no need to call in the mili-
tary; on every slight occasion of popular tumult. Another
point, which he should show was, that the serving of the
office of constable had become so disagreeable on many ac-
counts, and so extremely onerous, that it was very difficult
to procure competent individuals to undertake the task.
They could not serve, by law, unless they were resident ;
and no one was obliged to serve. The necessity for a
corporation to increase and regulate the police force,
was therefore imperative. Even in 1830, Lord Sid-
mouth had been made aware of this fact, which had been
more and more felt as the population continued to increase.
At last, in 1837, the Leet Jury remonstrated on the subject,
and stated that some change was indispensable to the quiet
and protection of the town. In consequence, in January,
1838, a requisition was signed by the rate-payers, requesting
the Boroughreeve and Constables to call a meeting, to take
into consideration the propriety of petitioning the Crown
for a charter of incorporation, by which the local government
of the town would be rendered efficient. This requisition was
signed by no fewer than nine hundred and forty-four respect-
able inhabitant householders. (The terms of the requisition
were here read.) In due time a reply, in accordance with
the wishes of the requisitionists, was received, appointing a
day of meeting at the Town-hall, for the purpose stated in
the requisition, and signed by Mr. Brown, the Boroughreeve,
and Mr. Fergusson and Mr. Price, Constables. These gen-
tlemen were the retnrning officers for the borough. Much
pains were taken to secure an attendance which should
fully and fairly represent the inhabitant householders.
None but rate-payers were admitted, and a vast num-
ber attended. The meeting took place on the 9th of
February, 1838. All who were opposed to the charter,
or had anything to say relating to it, had an opportunity of
attending, and of freely expressing their sentiments ; and he
must say, that under such circumstances, that those who did
not attend, it might be inferred, acquiesced In the object of
the meeting. The Boroughreeve, supported by the consta-
bles, presided, and a resolution was moved by Mr. Cobden,
to the effect " That it was due to the character of the town,
that it should have the advantage of a municipal body, to be
nominated by the people, and not by the Lord of the Manor,
and that a petition to her Majesty in Council, be therefore
agreed to, praying her Majesty to grant to the town a char-
ter of incorporation." This was moved. An amendment
was moved, to the effect, that this meeting protested aaginst
such an application ; and stating, in conclusion, that the
lay-payers should partake of a large share in the controul of
the town's affairs, that was granted by the municipal corpora-
tion reform act. This amendment was by Mr. Rowe, who,
strangely enough, opposed the act in question, because it was
not sufficiently democratic in its provisions. The amend-
ment, and afterwards the original motion were both put to
the vote, and the latter carried by a very large majority.
The Boroughreeve and constables were also in favour of the
petition. A motion was then made, that a committee be
appointed to draw up the petition ! This was also unani-
mously agreed to, and a petition was prepared. The learned
gentleman here read a copy of the petition—humbly show-
ing, that the chief municipal officers of the town should be
popularly chosen, and praying her Majesty in Council, with all
convenient speed to grant them a charter of incorporation.
The pop ulatio n beinglarge (nearly 300,000), district committees
were formed, and gentlemen undertook to procure signa-
tures, from the time of the meeting, the 9th February, to the
beginning of March. Almost all the printers who were thus
employed, acted voluntarily and without pay, and he had no
doubt but that the signatures obtained were genuine. Three
individuals who had been accused of obtaining signatures
improperly in Chorlton-upon-Medlock, were dignified. The
others conducted themselves well. By March the signatures
obtained were 11,783, and the names represented property
assessed at £215,282. Many more could have been got, but
it was thought advisable to close the lists, and the petition
was transmitted to London, and lodged at the council office,
to be taken into considertion in May. It appeared that a
counter petition was sent in the 23rd April, which had been
in course of signature from the 6th of February. The privy
council, with a view to obtain the best information, sent
down Captain Jebb and Captain Green, who made their
report, and on the 18th of May, the privy council made an
order for the granting of the charter, which passed the great
seal, and came into operation in October. It conferred con-
siderable powers :—that Mr. Price should make up the list
of burgesses, that Mr. Rushton, a gentleman eminent at
the bar, should revise it, and Mr. Hyde should be the
returning officer. The charter left the appointment of a
Mayor and Aldermen to the unbiassed and free will of the
burgesses. On the 29th of October Mr. Price made out his
list of those who were qualified and had paid their rates.
Claims and objections were also posted, and duly revised and
disposed of by Mr. Rushton on the 28th of November and
following day, after due notice. On the 15th of November
the election took place. There was a contest hi only one
ward, that of NeW Cross, and Mr. Rowe, nominated by Mr.
Nightingale, was one of the candidates. No fewer than 3458
burgesses voted. On the following day the aldermen were
chosen, and they and the council afterwards elected the
mayor. The constitution of the council was thus completed,
and they entered upon their high functions. A watch com-
mittee was appointed to superintend the police force, and
400 police-officers were engaged to act in all of the townships
excepting three, which, though included in the parliamentary
borough were excluded from the corporate jurisdiction. This
step was taken in consequence of the 84th clause of the
Act authorising the appointment of constables, the new
to supersede the old. The regular notices were posted,
and all the townships acquiesced, except the township
of Manchester Proper, which, however, had had the ad-
vantage of the new police. All the townships were pro-
tected by this police. A petition was next presented from
the new Town-council, praying, under the act, for a sepa-
rate quarter sessions, and they obtained the grant. They
appointed as Recorder Mr. Armstrong, and that gentleman
had since been under the painful necessity of transporting
individuals beyond the seas. Were they to be told that this
was illegal ; that he had no jurisdiction? Nothing but the
gravest considerations, the strongest reasons could justify
an intermeddling with the course of justice thus solemnly
dispensed. On the Bth of April, the council under the 62d
section of the act, appointed a Coroner. Under that section
they had appointed Mr. Chapman, a respectable solicitor.
He had held various inquests, and amongst them, one on a
female, and he was now to be tried by the jury for acting in
his judicial capacity, and was denounced as a wrong doer
and a usurper ! He was duly appointed, yet was so de-
nounced, on the ground that the charter had not been
granted on the petition of a majority of the inhabitant house-
holders, and had not been accepted. He had understood
that a scrutiny would be required on the other side, and if
there were time and opportunity, he should have no
ObiectiOn for he believed 'that he could shoW that
vutee-loutins in me - signatures to tne counter • pen-
tion were not genuine ; and that the grossest imposition
had been practised. On the other hand, he believed he
could show, that there was a great majority for the charter.
If he did so, he should be entitled to their verdict. With
regard to the scrutiny, he could see no means of pursuing it.
It was enough that the petition had satisfied the Privy
Council, audit vvould be a most dangerous principle to interfere
with its prerogative. The petition was a bona fide one, and the
charter being granted upon it, could not be annulled. [We
regret that we must condense the remainder of our report.]
The learned gent. here put several hyPothetical cases with
reward to thl coroner, showing the predicament in which
he would be placed, if his appointment could be made out to
be invalid. The granting of licenses to public-houses ; the
the holding of the quarter sessions, and the sentences passed,
would all be distributed if this charter were declared invalid.
Its validity, however, depended upon the act of the Queen,
and could not be unsettled. That the charter was not ac-
cepted, appeared to him to be a still more preposterous ob-
jection. (The learned gentleman here cited several autho-
rities'. to show the validity of the acceptance, &c.) There
had been a publio meeting, largely attended, to petition
for the charter, and a large majority had decided in
in favour of it. The charter had been acted upon—
A council had been appointed, a Sessions obtained, a
Recorder ichoseu—a Coroner appointed. The proceedings
against' them were most vexatious. ' He knew, however, that
the jury would act fairly, honourably, and impartially ; and
that all former disputes would be forgotten in that sacred
place. It was indifferent to him of what political principles
the jury were. He asked only for justice ; for whatever were
their politics, he felt assured that they would hear the evi-
dence, and the directions of the learned judge, and he doubt-
ed not but his client would obtain a verdict.
Mr. William Neild.—l am a merchant in Manchester.
I saw a requisition for a meeting to petition. I saw the
requisition. A meeting was called for the 9th February,
1838. I was appointed on the committee. I attended a
number of meetings on the subject. This book contains the
proceedings of the committee. I read the resolutions that
was passed.
Mr. George Wilson.—l was secretary, and wrote out the
resolutions. The first day of meeting was the 10th of
Februaty. The committee consisted of 33 in all, and 28
attended that day. They were all inhabitants of Manchester.
Mr. Neild recalled.—This is the requisition to the Bo-
roughreeve and constables. The requisition was signed by
many of the inhabitants of Manchester. When it was
signed I took it to the Boroughreeve. I afterwards attended
a number of meetings.
Cross-examined by Mr. CRESSWELL.—I see the name of
Mr. Callender. He lives at Rusholme—not within the bo-
rough. He has a place of business in Manchester. Mr.
Cobden is the next. He is an inhabitant householder in
Manchester. Mr. Bannerman has a place in Manchester.
Joseph S. Grafton is the next name. I believe he lives in
Manchester. (The witness did not know some of the signa-
tures I took one of the sheets myself, and obtained signa-
tures.) Here are a number of names which I got myself.
First is my own name. (Witness read several names of
resident householders in the borough.) I see from 20 to 30
names of parties to the requisition, whose signatures I know.
I see others—eight or ten who did not sign in my presence,
but I believe these are the signatures. From 30 to 50 I
know. A very large proportion of the signatures.
Mr. Beeston was sworn and examined by Mr. BRAN DT.
—He produced copies of the Manchester Guardian, Courier,
&c., of the 3d of February, in all five, containing the requi-
sition, and also the advertisement calling the meeting.
David Price sworn and examined by Mr. CDOMPTON.---]
was one of the constables. Mr. John Fergusson was the
other. Mr. Brown is boroughreeve. He was on the continent.
We received a requisition on the 2d of February. This (in
a book) is a copy of the requisition. We found it so nu-
merously and respectably signed that we called the meeting,
and it was held on the day it was called for, in the Town-
hall. We took a great deal of pains to prevent persons from
attending who were not rate-payers. The room was as full
as possible. It is five times the size of this court. There
were present upwards of a thousand persons. I never saw
a: larger meeting there. Mr. Cobden moved a resolution.
A slip of paper was handed, and from this the resolution. I
heard Mr. Cobden propose a resolution that a petition should
be presented to the Queen, praying for a charter of incopora-
tion for Manchester. Mr. Rowe moved an amendment to
the effect—" that the charter should not be petitioned for."
There was speaking on both sides, and every one was heard.
The meeting lasted from nine o'clock to half-past one. The
amendment and motion were proposed, and the latter was
carried by a large majority. Only a few hands were held up
for the amendment. We stood up (three of us) to get a
better view of the meeting, and concurred in this. A com-
mittee was'moved for and agreed to, and they were appointed.
The names of the boroughreeve and constables were put
amongst them, but were withdrawn. The constables were
elected by the Court Leet. There was great difficulty to get
parties to serve these offices.
Cross-examined by Mr. CRE S SWEL L.—The greater por-
tion of those in the room were in favour of the charter. I
believe the greater portion of the respectable inhabitants in
Manchester were in favour of the charter, provided it were
applied for by their own political party. I cannot estimate
the number of burgesses in Manchester.
George Wilson sworn.—l attended the public meeting al-
luded to by the last witness, and was appointed honorary
secretary. The public meeting appointed a committee.
They met for the first time on the 10th of February. A draft
of a petition was submitted, and it was ordered that some
copies should be made to distribute amongst canvassers. The
next meeting was on the 16th, and more copies were ordered.
The committee passed a resolution that instructions should
be given to the canvassers. These instructions were given
orally and in writing. We gave them the copies of the peti-
tion, and told them to obtain signatures of inhabitant house-
holders, and to report progress every evening. There were
about 'lOO canvassers. At the next meeting a sub-committee
was appointed. They were in the habit of meeting from day
to day, to take cognizance of the proceedings of the can-
vassers. There was a meeting at the Town-hall on the 2d
of March, when it was agreed that it was not expedient to
obtain the signatures of females. W e met again on the 9th
of March, and I reported the number of signatures obtained
on the sheets. It was ordered that the next day the petition
should be closed. Gentlemen were at that meeting appointed
to convey the petition to London.
Cross-examined by Mr. CRESSWELL—I cannot tell how
um/ inhabitant householders there are in Manchester; bat

there are 34,000 rate-payers, including women. I never saw
the ladies vote in Manchester.

Mr. Richard Cobden.—l am a burgess, and a member of
the Corporation. The Corporation defend this action.
The town-clerk is the attorney.

Cross-examined--The Council employed him.
A question was raised as to the witness being competent to
give evidence, he being a member of the body who employ
the town-clerk. The Attorney-General contended that he
was competent in his individual capacity.
Mr. CRESWELL argued that here was a question in which
the Corporation defended their own existence.
Mr. Cobden—There has been no indemnity fund raised to
defend this action that I know of. There is no means that I
know of paying the town-clerk but a rate upon the inhabi-
tants.

Mr. CRESSWELL objected to the witness, on the ground
that if the cause were lost, the Corporate funds would be di-
minished by the costs.
Mr. Cobden recalled—l attended the meeting at the
Town-hall. I never knew so numerous a meeting within
doors. I moved the first resolution, and spoke in favour of
it. Mr. Rowe was on the opposite side, and spoke against
the charter for about three-quarters of an hour. I heard the
result announced by the boroughreeve and constables, after
they had conferred together, and it was in favour of the peti-
tion. I was on the committee appointed to draw up the pe-
tition. There were about 100 canvassers. With a few ex-
ceptions, they acted without pay. I was a member of the
executive committee, and assisted in receiving the signatures
on sheets, and putting them together. The petition was
closed early in March. I carried it to London, and lodged
it in the Privy Council office. I cannot remember the pre-
cise date. This is the petition, which I assisted in preparing,
which I carried to London, and which I lodged in the Coun-
cil office.

Cross-examined.—lt is much torn since I saw it. 1 con-
fined myself in obtaining signatures which were both inha-
bitant householders and rate-payers. I cannot speak accu-
rately as to the number of signatures I procured. I can
speak to many of the signatures which I knew.
Re-examined.—Probably I obtained from fifty to one
hundred signatures.
By the JUDGE.—There is a considerable number of inha-
bitant householders whose landlords pay their rates.
Philip Yandall.—l was appointed head clerk by the execu-
tive committee. I was employed from beginning to end.
The sheets were brought in by the canvassers, and I took
them in charge. There were about 120 sheets, containing
11,600 or 11,700 signatures. No directions were given that
I heard. _ _

Cross-examined.-1 did not obtain any signatures myself.
Lennard.—l am chief clerk in the council-office. This
petition was brought from the office. It was lodged on the
12th March, TB3B. Witness here read part of an order or
act in council, granting the charter upon the petition before
mentioned. _ _

Mr. CRESSWELL said, he admitted that the charter was
granted upon that petition, and his lordship ruled that there
was no occasion for the further testimony of this witness.
Mr. Nield.—The signatures I obtained are mostly in the
first sheet. There are 42 in that sheet.
Cross-examined.—Mr. Mark Phillips is not a householder
within the limits of the borough. He is a rate-payer. Mr.
Potter is an inhabitant householder. Next is my own.
Henry Tootall and Edward Tootall both reside in Chorlton-
upon-Medlock, are inhabitant householders. Daniel Lee
resides in Salford. W. R. Callender resides in Chorlton-
upon-Medlock. John Bird I do not know. Mr. Charles
Walker was not then an inhabitant householder. Hy. Ford
lives beyond the limits. Sydney Potter is a resident. S. and
H. Marsden are inhabitants. _ _

His LORDSHIP here proposed that the witness should
select the names of those persons only whom he knew.
This, however, was not done.
A conversation then took place between his Lordship and

the respective leading counsel. The further scrutiny of the
names to the requisition was dropped, and—
The Learned JUDGE intimated that he was not of opinion
that a counter-petition could, under the circumstances, super-
cede the right of the crown to grant a charter of incorpora-
tion.

Here his Lordship and the learned Counsel entered into
legal arguments at great length, on the principal points in-
volved—particularly with reference to the clause in which it
it stated in the Ist Victoria, c. 78, clause 49, that a majority
of the inhabitant householders was requisite in order to ob-
tain the charter. His lordship repeated his dissent from their
opinion that a counter-petition would invalidate the preroga-
tive of the crown. He, however, gave this opinion, hastily, and
was not sure that he was right. As to scrutinizing the whole
of the alleged signatures, that was imposssble in such a tri-
bunal, :inasmuch as it was stated, that there were 11,600
signatures on one side, and 44,000 on the other. If a quarter
an hour were allowed to investigate each, the jury would
have to remain there about three years. (Laughter.) As
Mr. Cresswell had intimated his intention to carry the cause
to a higher tribunal, he (the learned Judge,) should frame a
note, on which he (Mr. Cresswell,) might found his bill of
exceptions.
Finally, it was agreed by both Counsel that the cause should
go to a higher Court—the Court of Exchequer we believe—
his Lordship having first made a note to the effect, that in
the district there were about 48,000 householders ; that from
3000 to 4000 persons qualified to be burgessess if the charter
were granted, had signed the petition ; and that from 5000
to 6000 had signed the counter petition, which was presented
in due time ; and, in conclusion, the learned Judge noted—
" I am of opinion that, notwithstanding, such counter peti-
tion would not incapacitate the Crown from granting a char-
ter, upon the recommendation of the Privy Council."
Upon this Mr. Cresswell would found his bill of exceptions.
The points which the learned counsel wish to put at issue
were-Ist. That a majority of the householders had not
petitioned ; and 2d, that there were more signatures to the
counter-petition, than to the petition.
The learned JUDGE then stated the case to the jury, and
they accordingly returned a verdict for the defendant, by
consent, it being understood that a bill of exceptions would
be preferred on the part of the plaintiff, in (we believe) the
Court of Exchequer.

WEBB V. ARNOLD.

This was an action to recover a sum of £l5O, being the
amount of an accommodation bill, drawn for, and accepted
by Richard Pattison, formerly connected with a newspaper
in this town, and which was dishonoured. A previous bill
had been drawn which had not been liquidated, and to which
a great part of the amount of the bill in question was
appropriated. The plea set up in bar of the action was,
that the sum charged for the accommodation was usurious.
This, however, (with reference to a recent act relative to
bills of exchange) was over-ruled, and the jury found for
the plaintiff—Damages £l5O, and interest £4 17s.