The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-04-05 00:00:00

way I knew it was, that the young man (George Henderson,
the deceased) asked me the time of day that the other
Scotchman had called for him. He was about five minutes
in my house when the prisoner passed. I told Henderson
that the other Scotchman had been waiting for him. The
prisoner was walking towards Belmont. I did not observe
anything with him. The deceased did not remain more than
four or five minutes. He drank his glass of ale, and went
off immediately, bidding us " good bye." I saw the prisoner
in the course of half an hour or 20 minutes after that. My
husband was then at home. From the time the prisoner
passed until I saw him again we were taking dinner. He
was coming from his own house. It was a little before we
heard of the murder from Mary Entwistle. First he passed
towards Belmont ' • the second time I saw him he was stand-
ing at our door. He was alone. James Bamfield and Wm.
Heaton were at the house. He was asking one of the carters
if we had not a horse sick. Mary Entwistle then came up
and gave the alarm. I went out ; he was gone, and I saw
him no more after that. Mary Entwistle said, " Come, Mr.
Garbett, some one has killed the Scotchman." She cried
out, " Killed, killed!" My husband was in the house, sit-
ting in his chair, when we heard her crying out. He then
went out—we all went out. I can't say who was there, for
I was very much frightened.
Cross-examined by Mr. WILKINS.—I said it was either
10 minutes before, or 10 after 12, that I saw the prisoner on
this day. He might have gone by the back way to his father's.
About a quarter of an hour or twenty minutes would have
passed between the first and last time I saw him. I saw a
a person named Halliwell, at my house on that day.
Joseph Halliwell examined by Mr. PEEL.—I am a cow-
.dealer at present. I carry on my business near Skipton,
Yorkshire. Last November I was in the service of Mr.
Gerrand, cattle-dealer. I had occasion last Nov. to call for
a heifer at one Walsh's, on that day. I went to Gilligan's
farm, where Mr. Hood lived, as it was there I was to get the
heifer. I saw Mrs. Hood there. I remained about ten
minutes there, and not more. It was twenty minutes past
twelve when. I
.got there. I was not able to get the heifer.
It was, at this time, a very foggy day. I was on my way
then to Belmont. I asked Mrs. Hood to direct me on my way
there. She did so—she desired me to go by the next farm-
house. I know a place called Holden's farm, and the road I
went was towards it. I went along the road to the bot-
tom of a brae, I can't say how far it was, but it brought
me to the moor. I was on horseback. When I got to the
moor, I went the best road that I thought that I could
go to Belmont. When I was on the way to Belmont, I
heard the report of a gun. I had lost myself. I was sober,
and had only three glasses of ale that day. I went in the
direction of the sound, thinking some gentleman was shoot-
ing that would tell me my road. I connot judge what dis-
tance off the gun was when I heard it. It was still misty.
When proceeding towards the sound, I met a person, in
about a quarter of an hour after I heard the report. It was
the prisoner 1 met. When I first saw him he was about 30
yards off me. He was running when I met him. He had'a
gun in his right hand, and was running towards me. I was
closer to him than lam now. I spoke to him, but he gave
me no answer, and would not stop. I noticed the dress he
wore. He *as dressed in a blue surtout, blue trowers, a blue
plush waistcoat, with a yellow spot in it. lam sure it is the
same man, so help me God. The waistcoat he has now on is
the same.

By his LORDSHIP.—The prisoner was running from the
direction of the sound.
Examination continued.—l went on and came to a road
about 320 yards from where I met the prisoner. There was
a ditch there, and in it I saw a man lying dead, apparently
so to me. I cannot speak as to his dress particularly, but I
noticed his right hand pocket hanging out. I got off my
horse, and felt very sick. There was blood on his cheek. I

attempted to get off the moor on the road. I was riding a
grey poney. I could not get over the ditch. 1 made several
attempts to get over it, and went down the road 40 or 50
yards before I got out. I then got on the poney, and tried
to go back again, but I could not then tell what direction I
was going until the fog cleared away, I then found myself in
Holden's farm. I inquired the road to Belmont, when I
went on. I know Garbett's house. I got on the road to-
wards the Horwich side, and proceeded to Garbetts. I got
there between two and three o'clock. I had a glass of ale.
I did not dismount to drink it. I did not know that the
deceased was dying in the house then. I did not mention to
any one that I saw the body in the ditch. I was frightened
very much. I had £304 14s. 6d. in my pocket, which was
all my own. As I went to Belmont, I saw a man and his
wife. I knew the place again where I saw tne body.
Cross-examined by
.Mr. WuxiNs.—l am a cattle dealer
since last Christmas. I have been buying cattle for myself
and other people. I bought cattle for myself several times
since last Christmas. I bought cattle from a man near Gig-
gleswick, in Yorkshire, frequently, but I don't know his
name. tip to Christmas I was a drover. I bought cattle
on my own account from John Wilson, who lives between
Colve and Skipton. He is a butcher and cattle dealer. I
can't say what money I paid him since Christmas on my own
account. How came you to have so much money on this
day ? By my own labour ; I lived with my mother ; she is
a widow woman, lives in a cottage and subsists on what I
give her. My father was a drover. lam 25 years of age,
and have been a drover since I was 14. When I started first
I had a shilling a day and expenses, or 6s. a week. Before
Christmas last, I had £1 2s. 6d. a week, or £6O a year from
Mr. Gerrard. This money was kept in my mother's house.
I lived at the Horse-shoe public-house at Bolton. The rent
of my mother's cottage is £3. I did not shew the money to
any one ; my mother gave it to me as I was coming away
that morning. It was all the proceeds of my wages. It was
half-past 10 when I passed George's church in Bolton that
morning. I can't say what hour I got up. I swapped a
cow with a person named Webster, a farmer, that morning.
He lives at Footin-brook, which is near Bolton. We had a
glass of ale at Peter Hobson's after the swap I then came
home with the two beasts I exchanged with Webster. I came
to Gerrard's and had a glass of ale there. I settled my ac-
count with Gerrard, he was in my debt is. 4d. or 15s. 6d.,
I can't say which. I then started the beasts off for York-
shire. I started from Gerrard's a little before 10. The grey
poney belonged to Gerrard. I have opened a beer shop
since this affair, and have got married since. The first place
I came to after leaving Bolton was Mr. Ainsworth's Pitts ;
it is more than a mile distant. I recollect stopping at a cabin
atthefirst pits I came to. No man named Entwistle eat his
dinner while I was there. I did not get off' my horse there.
The place is called the set. I will swear I did not ask my
road to the Green-arms. I was sober then. I found John
Walsh at Ainsworth's pits, and asked him to drive a heifer
for me that I purchased from his master. I did not ask him
the way to Gilligans, but I asked if I could pass across the
fields. He said I could not ; though he did say so, I went
that way. When I got to the pits, where I saw Walsh, it
was between 11 and 12 o'clock. Walsh had not his dinner
then, for I met his wife coming with his dinner about 20
yards off. I don't know a man named Richard Nuttal. I
did not offer a man named Dick ls. to drive the heifer. This
was before I saw the dead man. I was sober. When I was
at Gilligan's, I remarked there was a new clock there, and
I asked who the maker was ; it was not then 20 minutes after
1 o'clock. On my oath I did not fall off My horse, nor do I
know any person named Grace Whowell ; she did not help
me on my horse. I did not fall on her shoulder,—nor did I
tell her I was so drunk I could not drive the heifer. I did not
drop my whip. I did not call at Quaker John's, nor any part
of that county but the Five-houses. There was no noise at
Garbett's when I got there, which was a little past two
o'clock, and it was two hours before that I saw the dead
body. I can't swear to the dress of the man. I saw his
pack laid up on the opposite side of the ditch. I was on the
moor, the body was between me and the ditch, and the pack
was next the road. I tried to get the pony over five or six
times, and led him about for forty or fifty yards. Two
hours after I went to Garbett's, and though 1 saw the mur-
dered man I did not mention it to any one. lam not sure if
I told it at the Wright's Arms. I next went to Mr. Proc-
tors, and got there about half-past three. I got off my horse,
and then I told Mr. Procter that another very big misfortune
has happened. Mr. P. asked me what's to do. I said there
was a Scotchman shot. I knew him to be a Scotchman from
his pack. I told him also I met a person running in the same
direction from the murdered man, with a gun in his hand, on
Horwich Moor. I met an Irishman and his wife, they told
me all about the murder, and that they came from Garbett's,
where the deceased was lying. A week after this, when I
returned from Yorkshite, I told this story. I never heard a
word about a reward. I was taken by the constable Perry,
into the lock-up at Bolton, to look at the prisoner. They
asked me if I knew him. I said I would not swear to him by
candle-light. The following day I swore to him. I described
the man to the constables, as I have done to-day, before I
saw him in the lock-up's. It was on the Thursday night
after the murder. I gave the description at Mr. Gerrard's,
in the presence of the constables and a Scotchman. What I
said was written down by a person named Perry. I never
said before to-day that I was as near to him as you (Mr. W.)
are now. The constable asked me how near I was to him. _ 1
said about 30 yards or a little nearer. •
Re-examined by Mr. DUNDAS.—It was half-past three
when I told Proctor what had happened. Besides telling
him this, I showed a piece of the man's skull that the Irish-
man I met gave to me. He picked it up on the opposite
side of the road from where the man was lying. There was
blood at the place where it was picked up. I gave it up at
the coroner's inquest. I can't recollect having mentioned
this at the Wright's Arms. I knew the man very well at the
inquest, and had no doubt he was the same I saw on the
moor with the gun.
By the JUDGE.—The pack was not fastened to the de-
ceased when I first saw him, but lay on the bank beside him.
Fletcher recalled, said.—The pack was lying at his (de-
ceased's) feet, in the bottom of the ditch when I saw him.
It was not on the bank.

Whowell recalled.—The pack was at the deceased's feet in
the bottom of the ditch when I saw him.
John Proctor examined by Mr. PEEL.—I keep a
public-
house called the Duckworth Arms, between Bolton and
Blackburn, at a place called Overdarwen, I know the wit-
ness Halliwell. I recollect him coming to my house in No-
vember last, I can't say whether it was early or late in the
month. He rode a grey pony. There was a man in my
house in the employment of Mr. Gerrard. He had some
beasts belonging to Mr. Gerrard. The man asked him why
he was so late.

HIS LORDSIII,III observed that this evidence was irrelevant.
Mr. PEEL and Mr. DUNDAS contended, that it was in-
cumbent on them; and, besides, it was pertinent to the issue
to repel the imputation on the witness's (Halliwell's) vera-
city, which was ,conveyed in Mr. Wilkins question to him,
whether Mr. Proctor, to whom, he alleged, he had commu-
nicated the news of the deceased's death, was now in court?
He (Mr. W.) asked him whether he ever gave the informa-
tion, until he heard that a reward had been offered. It was,
therefore, their duty to shew that no motives could have
existed at this time to operate upon the witness to give the
information.
His LoßnsuiP said he would not deviate from the usual
rule, but suggested that Proctor might be placed in the box
for the cross-examination of prisoner's counsel.
William Heaton, examined by Mr. Cuoss.—l am a carter
of Mr. Garbett's. I recollect the morning of the murder. It
was about half-past ten when we were coming up Winter-
hill. We met William Simms, on his way to Belmont, about
eleven o'clock. In about half an hour afterwards, on the
top of the lull, we met Mr. Burrell, the Scotchman. We
got to Garbett's about twelve o'clock. Bamford was in
Garbett's house. The prisoner came up and asked Bamford
'if his horse was not sick; this was between twelve and one
o'clock. It was a minute or two before Mary Entwistle
came. I saw the prisoner; he was going from the door
towards home.

Cross-examined by Mr. WILKINs.—We were at dinner—
having fed our horses, when the prisoner came to Garbett's
door.

By his LORDSHIP.—Williams had a fustian olive coloured
jacket on. _ _

James Bamford, examined by Mr. DUNDAS.—I was one
of Mr. Garbett's men. While coming from Belmont driving
the carts, we met a man named William Simms. Twenty
minutes after we met Burrell the Scotchman. We then
went to Garbett's. It was then about half-past twelve
o'clock. Somewhile after, about half an hour, I saw the
prisoner. He came to the door, and asked me had I not a
horse sick. I said I had. He had not his hat on. The
talk about the horse was two minutes before Mary Entwistle
came.

Cross-examined by Mr. WILKINS.—He was eating some-
thing. His father's house is not more then ten yards from
Mr. Garbett's door.

Margaret, cross-examined by Mr. PEEL.—I was in the
service of Mr. Lambert in November last. He keeps the
Horwich Moor-gate public-house. I know the prisoner. I
saw him at my master's house between one and half-past
one o'clock. I was in the back yard with the other servants
shaking carpets. He helped us to shake them. There is a
meadow behind the house. He was coming down the mea-
dow with a gun belonging to Mr. Lambert. He borrowed it
from Mr. Lambert. It is a single barrelled gnn. Mr.
Lambert's is two miles distant from Five-houses. We heard
of the murder between three and half-past three o'clock.
The prisoner was then there. He left us about four o'clock.

Cross-examined.—When he left our house, my uncle went
with him. He brought a brace of birde with him. They
were warm. When he came to our house, it was between
one and half-past one o'clock. My uncle has the privilege of
shooting over the moor. He has lent the prisoner guns fre-
quently. He is a very peaceable young man. Never knew
any thing bad of him: He did not appear different from the
rest of the people in the house where the news of the murder
as mentioned.

Mary Lambert, examined by Mr. Cnoss.—lam the wife
of Matthew Lambert. He came to my house on the day in
question, about half-past one o'clock. I asked him about
my master's gun that had been stolen. He said that he knew
nothing about it. He said he was very uneasy about it. We
received the news of the murder about three o'clock, by our
servant-man ; he stepped up to James and said, a Scotchman
has been killed on the moor. He (the prisoner) said nothing
then, but I said I did not think any Scotchman would go
that way. He said a great many.went that way ; on a Fri-
day they were in the habit of going that way home. He said,
if he was not mistaken, there was one in Mr. Garbett's when
he came away. He said two of them made a point of meet-
ing together, to go home that day. He said he brought my
master's gun home, and he would never have another gun in
his house while he lived. The prisoner left about 4 o'clock.
Cross-examined bp Mr. WILKINS.—The reason why I
think he said so, was, that Mr. Orrel had frequently called
complaining of his (prisoner's) shooting. The loss of the
gun caused some unpleasantness between him and my hus-
band. It was because I upbraided him, I think, he said he
would not have a gun in house again. At my house he ap-
peared always good tempered and amiable. The brace of
birds he shot, and brought in, was so warm that I thought
they were alive. He said he shot them in Brown's close,—
he must have come a round-about from his close to our house,
if he passed through Brown's close.

Joseph Lambert, examined by Mr. DUNDAS.—I keep the
Horwich Moore-gate public house. I know the prisoner
for four or five years. I lent him a gun on Thursday the Bth
Nov. It was a single-barreled gun, and percussion lock. He
had also a powder-flask, and shot-belt of mine. When he
got the gun we had an appointment to meet at Brownlow's
close on the following day, which is about a mile and a-half
distant from my house. Next day he came to my house
sometime before half-past one. He brought a brace of grouse
with him ; he bad my guu with him. which he left in my
beer-house as he was wont to do. He said he killed them in
the close. He remained till four o'clock, and then we went
away to seek a hare. We did not go right in the direction
of Brownlow's close ; but to the north. I went with him
about six or seven hundred yards, and all the conversation
we had was about starting a hare. We were conversing about
the gun before we came out. He said he had brought the
gun, and all belonging to it. He said there was nothing
pleasant about shooting, as Mr. Orrell was conplaining, and
he was determined to give it up. We had received the news
about the Scotchman s murder before.we came out. I said
I wonder whether it was an accident, or wilful. He said he
knew nothing about it; but if any one did it wilful, he de-
served to sutler. 'Afterwards I got the shot-bag and powder-
flask close to the gun. It was on the Monday following.
They were the same as I had lent him some years before.
The gun was a common one, the barrel of which can be taken
out in the rdinary way. It did not screw off. He went in
the direction of home, after walking about six or seven hun-
dred yards.
Cross-examined by Mr. WILRINS.—It would require but
little time to take the barrel off. Birds make a noise when
rising; but when skinning they do not. The person himself
did not say but his father said, he was determined to give
over shooting a fortnight before this.
Re-examined by Mr. DuNDA S.—The distance from Brown-
low's Close to the Five-houses is one mile and a quarter.
By the COURT.—The shot in the shot-bag was No. 2. The
gun was charged when it went away and when it came back.
The shot was not fired off nor drawn when the gun was given
to Peter Heron, the constable.
Peter Heron, examined by Mr. PEEL.—I went to Matthew
Lambert's the Sunday after the murder, the 11th November.
The gun was loaded when I took it away. By coroner's re-
quest I delivered the gun to Burroughs, at Horwich Moor-
gate, having drawn the charge. We put the shot and pow-
der into a paper.
Cross-examined by Mr. WILKINS.—There were more pre-
sent when we drew the charge. I keep a stall in Bolton
market. The constable of Bolton requested me to go for the
gun. I can't say who drew the shot. The shot was not
No. 2. I did not compare it with the shot in the belt, for I
did not see it. I posted up the bill of the reward of £lOO on
the Saturday, the day after the murder.
John Burroughs.—l am deputy-constable of Bolton. I
received a gun from Heron on the 15th November last. We
drew the charge on the same day. I have the shot'here.—
[The shot was produced.]—l also received half a dozen shot
or slugs from Mr. Wolstenholme, the surgeon. I returned
them to Mr. Wobtenholme.

Cross-examined .by Mr. WILKINS.—I gave the shot in
question to Mr. Holden, attorney for the prosecution.
Mr. Holden being sworn, stated—l received a box from
Burroughs, containing shot, which I gave to Mr. Wolsten-
holn e.
-

John Whittle, chief constable of Wigan.—l know Lam-
bert's public-house. I went there on Monday, the 12th cf
November, and got a shot bag and powder flask, which I
now produce.

His LORDSHIP examined the shot of the bag, and said they
appeared to he mixed.
Dr. Wolstenholme said the shot found in the head of the
deceased was all of the same weight, whereas that in the bag
is mixed.

James Collis.—l am a gate-keeper in the employment of
Mr. Ainsworth. I was out on Horwich Moor 'on the 9th of
November last. There was a party of six with me. They
were Roger Horrocks, Wright Crompton, John Ridings,
Isaac Ireland, and Bartholomew Lity. We were in pursuit
of game. Between twelve and one o'clock we were on a
moor (master's property), in. the township of Halliwell. The
moor joins with the moor the man was killed in. We heard
a report of a gun from that direction, about five minutes past
twelve, and a little after heard another shot at Burntedge.
We heard, about the same time, the bell of Mr. John Ains-
worth and Mr. Gardiner's factory, Halliwell. None of our
party were near that place.
Cross-examined.—We heard the report of a gun immedi-
diately after the ringing of one of the factory dinner bells,
which ring at twelve o'clock. The party were r.ot more than
thirty or forty yards separate. I use No. 5 shot—others-use
No. 2.

Daniel Crook.—l am a constable.' I apprehended the pri-
soner, on Saturday, at Holliwell's pit. He was brought out
by a man named John Stewart. I took him into custody. I
got hold of him by the wrists. I said he was my prisoner,
I took out the handcuffs—he said he would go without them.
He asked " was it about yon man being up yonder" (referring
to the ScOtehman. Mr. Ainsworth told him he need say any-
thing unless he wished. He said he had no gun from Sun-
day, the sth November. Mr. Wright asked him was he not
shooting on the moor the day before. The prisoner said he
was not. Mr. Wright asked him had he not been shooting up
the moor the evening before. The prisoner said he had been
shooting the evening before, at a blue back bird, with Mat-
thew Lambert. Mr. Ainsworth asked him how he got his
living, as he did not attend his work. The prisoner said he
did attend to his work for ought he (Mr. I-I.) knew. Before
Meakin, the constable, came up, while we were taking him
to prison, he said he was innocent. I asked him had he not
a gun in his hand that day, he said had not, in the fore-
noon. He said he mentioned to Lambert that evening, that
the person who was guilty of killing the Scotchman ought
to be punished, as he (Mr. L.) might also be shot.
Cross-examined by Mr. WILKINS.-Mr. Ainsworth is a
magistrate, and was present at the conversation. Wright
also shoots some time, and is fond of sport. We found the
person at his work.
Robert Meakin.—l am one of the constables who took the
prisoner from the pit. He asked what he was taken up for,
we did not answer him. He said is it about the man that
was killed on the moor.- He said he saw the Scotchman, and
spoke to him, at Garbett's stable door. He wished to know
what he was taken up for, we said on suspicion of shooting
the Scotchman. He said it was not the first Scotchman that
had gone up and been killed.
Cross-examined by Mr. WILKINS.—I don't recollect to
whom I stated this conversation before.

John Proctor was placed in the box to be cross-examined
by Mr. WILKINS, as to Halliwell's character. I have known
him, he said, as a drover and cattle-driver for some years.
He called at my house on the 9th November last, he was
not drunk. I was standing with another man of Mr. Ger-
rard's. I don't know his name. He asked Halliwell what
detained him. Mr. Gregory, a farmer, under whom I lived,
was present. Halliwell said, " There was a man shot on the
moor while I was up yonder." He was asked did he see
him shot—he said he did not, but he saw a man running
away with a gun under his arm. He said he did not know
the man, but he, was a tall young man, that stood from five
feet eight to five feet ten inches high. He said he wore a
blue coat, and blue plush waistcoat, and trousers. lam
certain that's all he said—he had seen neither more nor less.
Re-examined by Mr. DUNDAS.—He showed a part of the
man's skull that was shot—he did not say how he got it.
Anne Hood examined by Mr. PEEL.—I remember Halli-
well coming to my house (Gillingham's farm) respecting a
heifer of one Walsh. It was twenty minutes past twelve
o'clock, by our clock, and our clock was too forward by
twenty-five minutes. We had a new clock, upon my oath it
was not twenty-five minutes past one o'clock when Halli-
well came. My daughter had been gone with my husband's
dinner—she went with it about half-past eleven, by our clock.
He was working two miles off. The name of the maker of
the clock was Ashall. Halliwell was sober—he did not look
as if he had been drinking. He lighted his pipe. He only
came once to my house that day. A person named Nuttal
was employed getting up potatoes that day.
The case for the prosecution here closed.
Mr. WILKINS applied to the court for an adjournment of
the case till the following day, but his lordship said, that as
it would be necessary to confine the jury all night, it would
be more satisfactory, to all parties, to adjourn for a short
time, to, enable them to have some refreshments.

Accordingly the court adjourned for an hour.
At seven o'clock his Lordship took his seat on the bench.
Mr. WILKINS, in an eloquent speech, then proceeded to
address the jury, on behalf of the prisoner. He declined
calling any witnesses. •
After a luminous charge from the learned Judge, the jury
retired to consider their verdict, and having deliberated
abbut an hour, returned a verdict of Not Guilty. The fore-
man of the jury stated they came to this conclusion in con-
sequence of the imperfection of Halliwell's testimony.
The prisoner was ordered to be discharged.
The Court was then adjourned.

NISI PRIUS COURT.—TUESDAY.
Mr. Baron ALDERSON took his seat this morning at ten
minutes after nine o'clock.

TAYLOR V. HILTON.

This was an action brought to recover £34 lls. 2d. for the
carriage of cotton waste from Manchester to Bolton ; and
the principal question appeared to be, whether the defendants
were to pay 2s. 6d. or 2s. 9d. per ton.
The jury found for the plaintiff, damages £34 2d., and
for the defendant on the other issues.
CONSTABLES AND BURGESSES OF CHORLTON-ON-MEDLOCK
V. MANCHESTER GAS DIRECTORS AND POLICE COMMIS-
SIONERS.

This was an similar action to the one tried on Monday,
except that, instead of the alleged breach of covenant being
for not supplying gas to the street lamps, it was for not sup-
plying manufactories, warehouses, shops, private houses, and
other buildings, in Chorlton-on-Medlock, to such persons as
were willing to contract or agree for the same, on the same
terms as persons were supplied in Manchester.
Whilst Mr. STARIUE was stating the case to the jury,
The JUDGE observed, that the difficulty would be, that if
these issues were not disposed of, they would go over the
long vacation. He, therefore, suggested the withdrawal now
of the issues of fact altogether, and to stand upon the de-
murrers.

Mr. STARKIE.—We have no objection to do that.
Mr. CRESSWELL.—The costs to abide the event of the
demurrer.

Mr. STARKIE demurred to this proposition; and after an
argument,
His LORDSHIP said, let this stand over generally, to be
determined as it may hap Pen, without any arrangement at
all, at the next assizes.. Then there would be an opportunity
of carrying down the issue. Let this be made a remanet to
the next assizes ; the costs of this day to abide the result of
the issue ; in the meantime the defendants undertaking, if
the demurrer should be decided against them, to supply gas.
His Lordship then intimated to the jury, that they would not
be called upon for a verdict in this case.

WOOD AND ANOTHER, ASSIGNEES, V. DUNCAN.
This was an action brought to recover £255 ; the plaintiffs,
John Wood and John Sellers, were assignees of George and
William Howarth, calico printers, Manchester, and bank-
rupts.—The defendant, George Duncan, was at one time
their traveller; but in 1834 it was agreed that the junior
(William) Howarth and Duncan should carry on business