The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-04-07 00:00:00

of Carlisle had now to work SO hours to weave a piece, and to come forward with a bill of lading, and the other refusing
received only ss. 2d. for it, out of which ls. 10d. had to be to go any where else, the owner, on the 26th, thought it bet! deducted for winding, &c. The forefathers of these weavers ter to discharge the cargo.
Notice having been given, that
received a much larger amount; and how was the weaver was done; and the owner also gave notice that he'had a lien
now so much borne down? He was robbed by the fund- on the cargo for freight and demurrage. There had elapsed
holders and others of fixed incomes. The labourer was the 27 days over the thirty running days allowed, and it was for
sufferer, and was naturally dissatisfied. Machinery had also those which the plaintiff sought compensation. Eight-days
a similar effect. In Leeds cloth was now to be made with- after the landing Beadle came forward with the bill of lading;
out either spinning or weaving, and thousands would be but, as the demurrage had not been paid, the captain refused
thrown out of employment without redress. Machinery, in' to deliver his cargo up. An action in trover was brought, of
place of aiding the poor man, was an antagonist to him. The course, against the owner of the warehouse in which the
landlord's property too was rapidly, from the system pur- goods had been deposited. It was tried before baron Al-
sued, on the increase in value, and he knew of a piece of land derson, and decided that the cargo should be delivered up on
that had not been worth £45, for which £4lO was now asked. payment of the freight ; that an action 'should be brought
The increase was crushed out of the poor labourer. The for the demurrage ; and that, for the purposes of the action,
country was now in a dreadful state, for the people could not Messrs. Mitchell, Cayley, and Co., of London, should allow
be kept quiet by the constitutional conservators of the peace, that they were the Messrs. Mitchell, Cayley, and Co., of St.
the constabulary ; but the military, a force altogether uncon- Petersburg. Mr. Cressweil then proceeded to notice the
stitutional, must be employed. He and those who acted pleas which the defendants had put on the record, the second
with him, wanted no change but what could be brought of which, and the most important, was that they had given
about by the force of public opinion, expressed generally notice to Mr. Adamson, the owner, that the captain was to
throughout the country. They wanted nothing arising out go to the Tay. The captain, however, had not received such
of physical force; for in that case, as there were bad men information from his owner. If an order had been given to
amongst the chartists as amongst other classes, the brigand the captain to go to the Tay, there would be an end of the
portion, if a revolution arose, would aspire to power, action • but it wonld be proved by the captain that he had not
and this would be but a change of tyrants. A primary received the order.
' object he intended should be to give a guarantee for the per- George Cathro examined by Mr. CURLING.—Was for-
feet security of property of every kind ; and that nothing merly captain of the William and James of Dundee. Got a
should be taken without perfect remuneration. He noticed charter-party signed by Mr. Atkinson, the agent at St.
the antagonist feelings of the labourers and their employers; Petersburgh.
the latter interested in reducing the price of wages, the for- Mr. ALEXANDER said Mr. Atkinson must be called be-
mer in increasing them. He denied in toto the report pro- fore the charter-party could be produced. •
duced. It was no more like his speech than a plucked The learned JUDGE concurred.
pigeon to the same bird in full feather. He cared not for Mr. Thomas 011iver, attorney for the defendant, was then
the result of this trial on account of any imprisonment that called, and he said he knew Mr. Thomas Atkinson, the wit-
might result. The government could crush out of goal as ness to the charter-party, and that he had seen
him three
well as within it. But he should not like to be denounced weeks ago yesterday.
as a conspirator. A conspirator was a fellow who whispered Cross-examined by Mr. CRESSWELL.—It was Thomas
to another in the dark, aware that he was going to do a guilty Atkinson of St. Petersburgh that I saw, the witness to the
thing. His actions and his words were open and above charter-party. I have given no notice of his arrival in Eng-
board. He repeated that he cared not for imprisonment, land. I obtained an order to examine him by name at St.
but he did care for his character; and he hoped the jury Petersburgh. It was in February that I first knew that he
would rescue him from the degradation which it was at- was in England.
tempted to fix upon it by this indictment. Should they not, The JUDGE.—Were the costs of these proceedings re
he should hope that the country would do justice to his served by Mr. Baron Alderson ?
motives, and give the verdict in his behalf. Mr. CRESSWELL.---I believe so, my lord.
Mr. RICHARDSON then addressed the jury at some length. Re-examined by Mr. ALEXANDER.—It was in August or
—He contended that he could not be a conspirator, as he September last that we obtained the order to examine Mr.
was in London when the meeting was determined upon, and Atkinson.
as it was not called with his consent. He knew nothing of Mr. CRESSWELL said, under the circumstances he must
it until his return home, when hearing that he had been in- submit to a nonsuit, but he hoped a full report of the trans-
vited to it, he attended it. 'He did not, however, utter the action would appear in the papers.
language ascribed to him. He might have spoken strongly, Mr. Atkinson was then called three times, but he did not
and this might be called sedition, for as Aristotle says any appear.
thing may be called sedition. To complain of grievances might The plaintiff was accordingly nonsuited.
be called sedition. Large portions of his speech .sere perverted _ MALONE v. SPEED.
and others totally omitted. He would not, as they must be This was an action to recover damages for an assault. Mr.
the c
fatigued, detain them
t such long. Aftes a few general remarks on Cresswell and Mr. Murphy appeared for the plaintiff, and
ase, h -- --,1.--

, .iat such prosecutions weakened the go-
vernment, and created great discontent amongst the people.
He asked nothing but even and impartial justice; and con-
cluded by expressing regret that he should be dragged from
his domestic circle, nra •ly twelve months after the meeting
had taken place, and when all the asperity of political feel-
ing had died away.
The Arromstrw-GENEn.AL then addressed the jury for the
prosecution. He agreed with the last defendant. Let the
accused parties have impartial justice. He noticed the ques-
tion of the possession of arms. The law allowed arms for
the protection of life or property ; but it did not allow the
collection of them for the purpose of overturning the laws.
and the peace and security of the country. The doctrine of
Sir W. Jones was not as stated, that arms mizht be used to
subvert the constitution, but merely, if the king subverted
the constitution, to protect it. He did not deny the right to
meet in public and petition parliament; but he denied the
right to rouse the masses for the purpose of compelling the
government to adopt new and dangerous measures. Was it
possible to suppose that peaceable meetings were contem-
plated, when guns, pikes, &c. were to be got, and simultane-
ous meetings to be held, so as to create confusion, and neu-
tralise the efforts of the military or the constabulary to put
down the disorder. The learned gentleman then commented
on the stronger points of the evidence. True there was un-
fortunately some distress, and there were two ways of treat-
ing it. One was to exert their talents and their means to re-
lieve it. The other was to take advantage of it, to speak to
them of their numerical strength, and to goad them on to
tumult and rebellion. The case appeared to him so clearly
made out against the defendants, that he shouldleave it in the
hands of the jury.
The learned JUDGE then proceeded to sum up the evidence
with great care, commenting upon it as he proceeded. They
would simply have to consider the charges made, and next,
what part the defendants took in it. They should dismiss
from their minds all consideration of the parties being
chartists, or any thing else. Conspiracy consists in joining
together in one common illegal object. The words of the
parties must be weighed, and if the resolutions were agreed
to, and had illegal objects, the conspiracy would be made out,
In addition to the charge of conspiracy, there is one of at-
tending an illegal assembly. The people had a right to meet
to discuss their grievances, real or imaginary, and to discuss
the conduct of the government or the ministers. It was for
them to say, whether the language was such as went beyond
the bounds of free discussion, and tended to excite tumult
and disorder. He explained the cases in which it was
allowed by the law for men to be armed. In this case arms.
were to be taken to bring about a forcible change in the in-
stitutions of the country. and this was certainly illegal. He
then adverted to the principal parts of the evidence. The
first resolution went merely to express confidence in the con-
vention. The other resolutions, " That this meeting pledges
themselves to support the,people's 'charter, peaceably if they
can, forcibly if we must.' This he considered was a de-
termination to obtain an object by ;force, and was clearly
illegal. (Here his lordship read the violent language used
by the defendants. Butterworth said, they were tired of pe-
titioning and moral means, and unless they, (the govern-
ment) grant the p eople what they want, there was nothing
for it but the bullet and the steel. Richardson said
the savings-banks were merely established for the pur-
pose of getting the people's money, and thus to enable the
rich to tyrannise over the poor. Mr. O'Brien stated that
every man in his neighbourhood had signed the petition,—
that every man was prepared with a pointed argument,—and
to every signature 'was a pike. He stated that the petition
would be rejected, and then were to come the ulterior mea-
sures—that the petition was a notice to quit to the house of
Commons, &c. Finally, he remarked, that if tbey did not
obtain what they asked for, "death would be the order of
the day." After noticing other passages relative to the
muskets, pikes, &c., his lordship said that the meetings
were peaceable, and no disrespectful language was used of
her Majesty. (When his lordship noticed the general holi-
day, Mr. O'Brien said that he stopped the holiday himself.)
His lordship dwelt at some length on the remaining portions
of the evidence.

Mr. Alexander for the defendant.
From the statement of counsel and the evidence of wit-
nesses, it appeared that the plaintiff and defendant are cattle
salesmen in this town, and that both carry on business in the
cattle market, near the Old Swan. There had been some
misunderstanding between Mr. Plunkett, the plaintiff's part-
ner, and the defendant, in consequence of the allotment of a
pen in the market to Mr. Plunkett. On the 21st October,
the plaintiff was in the cattle market talking to a person with
whom lie was dealing, when the defendant came up and asked
if those cattle were for sale. Mr. Malone not choosing- to
have any communication with Mr. Speed until the ex-
isting differences had been removed, replied that they were
sold. Shortly afterwards the defendant came up again, and
after charging the plaintiff with having thrown a reflection
upon his character and credit by refusing to sell him the cat-
tle, made the threats complained of. He used also a great
deal of bad language, but it did not appear that blows were
struck. After the case had proceeded for some time, on the
suggestion of the learned JUDGE, the juror was withdrawn.
Each party will therefore have to pay their own costs.
WILKINSON V. GAMON.
This was an action to recover £123 19s. fid., for work and
labour done, and for the hire of a flat which had been used
in raising another flat called the Sarah, which sunk during
the great storm in Jan. 1839, between Dawpool and Hilbre
Island. Mr. CRESSWELL and Mr. WATSON conducted the
plaintiff's case, and Mr. ALEXANDER and Mr. CROMPTON
appeared for the defendant. The trial lasted upwards of
seven hours, but the case was not of the slightest interest,
except to the parties immediately concerned. The jury
found a verdict for the plaintiff, damages £102;95.
The Court adjourned at half-past seven.

Mr. Dundas has been returned member for Sutherland-
shire, without opposition.

The late Miss Jowett of Bradford, has left two legacies of
£l,OOO each, to the Infirmary and the Public Rooms at
Bradford.

We understand that the Rev. Dr. Wolff has been appointed
Vice President of the African Institution of Paris, of which
many of the most eminent men in France are members.
REMITTANCES BY PosT.—The poor-law commissioners
request the guardians to make known to the servants or la-
bourers in their employment, and to the members of friendly
societies of which they may be patronf, and to the contribu-
tors to savings banks of which they may be trustees, the
facilities now afforded for the transmission of small amounts
of money as deposits, subscriptions, or otherwise. By the
new regulations of the lords commissioners of her Majesty's
treasury, parties may send in a small sheet of note paper,
coin of the following amounts :
In silver, 2s. or oz. for 1 penny.
4s. 6d. ~ 1 „ 2 pence.
9s. 6d. „ 2 „ 4 pence.
In gA, sovereign} ,
I Is. or a oz. for 1 penny.
and Is. in silver.
„ 13 sovereigns, 30s. oz. 1 penny.
„ 3 sovereigns 1 oz. 2 pence.
„ 6 sovereigns 2 oz. 4 pence.
A £5 note, or Bank of England
.note of any amount might
be added to the above sums, or to a sum less in each case,
the smallest coin, as 4d. The commissioners are informed
that where it is necessary for the labouring classes to trans-
mit pence or odd amounts of money for which there is no
silver coinage, such as ld. 2d. 3d. when the postage stamps
are prepared, it will be a convenient arrangement available
to the public to transmit stamps instead of coin.—Poor Law
Commissioners' Official Circular.

MALIBItAN'S CURE FOR A COLD.—On one occasion,
after having dined at three o'clock (as she usually did when
she had to perform), De Beriot was sitting at table with
several friends, waiting till she was ready to proceed to the
theatre, when, about six o'clock-, she entered the room with
an air of disappointment. " What ails you, Maria?" in-
quired her husband. " I Lave got a dreadful sore throat,"
she replied, " and am so hoarse I can't sing a note."
Never mind—think nothing of it. Be calm ; agitation will
only make it worse." " No, 1 must try some remedy. Ah !
I see something that will do me good ;" and bethre De
Beriot had time to arrest her arm, she had seized the mus-
tard-pot, and swallowed the whole of its contents.—Memoirs
of Malibran.
THE FORCE OF HABIT.—The late Sir W—r S—g, as
he hurried along the streets of London, had contracted a
habit, whenever he met any of his numerous acquaintance,
of saluting them with a passing bow, a touch of the hat, and
the words—" Sir, I wish you a very good morning." As
high-sheriff of a county, it once became his duty to attend
the execution of a criminal, when, having seen all the preli-
minary arrangements were complete, and that his services
were no longer needed, he bowed and touched his hat to the
culprit, whose cap was already over his face, and took leave
of him with his habitual—" Sir, I wish you a very good
morning."

The jury, after a few moments' deliberation, found all the
defendants Guilty.
Application was made by the piosecutor that the parties
might be committed. They were, however, finally released
for the night on sureties until to-morrow (this) morning,
when sentence will be passed upon them.

NISI PRILTS COURT.-MONDAY.

CLAIM FOR DEMURRAGE.-ADAAISON V. MITCHELL AND

°Timm
This was an action on a charter party, under which the
plaintiff, Mr. Thomas Adamson; sought to recover from the
defendants, Mr. John Mitchell and Mr. Edward Cayley, the
sum of £Bl. as demurrage. A special jury case.
Mr. Cresswell and Mr. Curling, for the plaintiff; Mr.
Alexander and Mr. Wightman for the defence.
Mr. CURLING having opened the pleadings,
Mr. CRESSWELL proceeded to state' the case. He said
that the action was brought by Mr. Adamson, the plaintiff,
who was the owner of a vessel named the William and James,
of Dundee, to recover from the defendants the sum of £Bl.
for demurrage, which the plaintiff alleged to have become
due under a charter party, to which he would in a few mi-
nutes draw the attention of the jury. The vessel named being
at Cronstadt in the autumn of 1838, the captain was desirous
of obtaining a charter to this country if he could. The de-
fendants, Messrs. Mitchell, Cayley & Co., were merchants,
carrying on business in London and St. Petersburgh, at the
latter place by means of agents. These agents entered into
an agreement with Capt. Kathro, of the William and James,
the terms of which would be found in the charter party which
he should now read. [Mr. Cresswell read the charter party,
which sot forth that the ship should with all convenient
speed be loaded with a cargo of flax at Cronstadt, and should
thence proceed to the eastern coast of England, somewhere
between Hull and Aberdeen. inclusive, and so near thereto
as she could get, and there discharge her cargo ; thirty run-
ning days to be allowed for loading and unloading, and in
case of any detention beyond that period, the charterers to
pay demurrage.] In accordance with this agreement, the
William and James began to take on board her cargo on the
Bth, and completed her loading on the 28th, so that eighteen
days had been exhausted in getting the cargo on board.
This done, the captain applied to the agent for instructions as
to whither lie was to sail. The answer was, that he (the
agent) could not tell, but that probably the captain would
find it out at Elsinore. Tnis, he (Mr. Cresswell) understood,
was not an uncommon way of arranging matters, in order to
keep the destination as secret as possible,_ until she had passed
the sound. He imagined, however, that a charter party of
the kind read was uncommon, because it only mentioned that
the captain was to proceed to some port on the east side of
England, between Hull and Aberdeen inclusive, but without
mentioning any intermediate place. A day or two after the
vessel sailed she was run down, and obliged to put. back, for
repairs, to Cronstadt, where she was detained tvd, or three
weeks. It was not necessary, however, to unload the cargo,
in order to repair the vessel. During that time the captain
made several applications to the agent for directions as to
the course he was to take. He received the same answer as
before, that he would no doubt receive orders at Elsinore.
No directions were, however, given to him to apply to any
particular person, but it was indorsed on the charter party
that Messrs. Fenwick would pay the Sound duties, and the
captain therefore thought that they were to give him his in.
structions. On arriving at Elsinore he made application to
them ' • they paid the Sound duties, but gave him no inforina-
tiou as to where lie was to go. Under these circumstances,
the captain, forming the best judgment he could, thought it
best to proceed to the first port named in the charter
party. He arrived at Hull on the 26th of November ;
on the 27th the vessel was reported to the Custom-house,
and entered into the Junction Dock. No person came
to claim the cargo, and Mr. Campbell, the ship-agent,
put up the usual notice' that an owner was wanted. No
owner appeared. The broker, under these circumstances,
thought it better that the vessel should wait a day or two,
before unloading the cargo, to see whether any owner
would come forward. On the 3d of December Capt. Kathro
was served with a notice, signed by Mr. Wm. Beadle, as the
agent of Messrs. Mitchell and Co., intimating to him that
his port of destination was Kirkaldy. Some considerable
expence had been incurred at Hull, in port dues, dock dues,
pilotage, &c., and the captain concluded that, having come
to one port on the east coast, he could not be required to go
to another. He (the learned comisel) should think that,
under such a charter party, the charterers could not send a
vessel from one port to another, on the east coast of England,
as they thought fit. So the captain answered, " So, I did
what I thought the best, in coming here, and 1 cannot now
go any where else." He had manifestly no interest in going
to Hull, because the vessel belonged to Dundee, and if the
captain had gone to a northern port—Kirkaldy—he would
have been more likely to get home sooner, than by going
to Hull. On the Ist of December, Mr. Campbell had writ-
ten to the London house, informing them of the arrival of
the William and James at Hull, and stating that he had in
the preceding week received a letter from the owner, which
said that the destination of the vessel was Kirkaldy, and that,
if she were to go there, a fresh agreement must be made.
Now, it might be quite true that she was to have gone to
Kirkaldy, and information to that effect might have been
given to the owner, but the captain had no means of knowing
that; nor had he ever received any such order. Mr. Camp-
bell obtained an answer to his letter on the 3(1 of December,
in which the Messrs. Mitchell gave notice that they should
hold the captain, ship, and owner liable for all damage, by
not proceeding to the po‘t mentioned by them,—say Kirkaldy,
and directing their agent, if the vessel did not proceed thither,
to act accordingly. The letter concluded thus • -" And we having
an undoubted right to send her from such port as we think fit
to call at first." This was the main point in the case. The
jury would have to say whether Messrs. Mitchell and
Co. were justified in sending the vessel from Hull, or whe-
ther the captain was justified in going to that port, and could
not be obliged to proceed thence to another, unless a fresh
agreement was entered into. On the 10th of December,
when the running days allowed for discharge had expired,
notice was served upon Mr. Beadle that the vessel was upon
demurrage. £5O was then offered to the captain to go to
Kirkaldy ; but that was refused, as insufficient, taking into
consideration the expenses already incurred by the owner
at Hull. In this awkward state of things, one party refusing

AN HONEST ATTORNEY.—An attorney, on the marriage
of his son, gave him £5OO, and handed him over a chancery
suit, with some common-law actions. About two years af-
terwards, the son asked his father for more business. " Why,
I gave you that capital chancery suit," replied the father ;
" and, since then, you have got a great many new clients.
What more can you want?"—" Yes, sir," replied the son ;
but I have wound up the chancery Suit, and given my client
great satisfaction, and he is in possession of the estate."—
" What ! you improvident fool," rejoined the father indig-
nantly, " that suit was in my family for twenty-five years,
and would have continued so as much longer, if I had kept
it. I shall not encourage such a fellow." The sequel of the
story is, that the father died a few years afterwards in com-
parative poverty, while the son continued to conduct his bu-
siness honourably and uprightly for fifteen years, and has now
retired on an estate which he purchased, and where he re-
sides, respected by all who know him.—Law and Lawyers.
LIFE SAVED BY LAUGHTER.—" The health of Erasmus,"
says Mr. Charles Butler, " was always very delicate, and he
now began to feel the infirmities of old age. He was afflicted
by an imposthume, and the worst was feared, when he was
cured of it in an extraordinary manner. * * * * The
perusal of the celebrated Literre Obscurorum Virorum'
threw him into a fit of immoderate laughter ; the imposthume
burst,land the laugher was cured." like tale is told of
Dr. Patrick Scougal, a Scottish bishop, in the seventeenth
century. An old woman earnestly besought him to visit her
sick cow ; the prelate, after many remonstrances, reluctantly
consented, and, walking round the beast, said gravely, " If
she live, she live ; and if she die, she die ; and I can do nae
mair for her." Not long afterwards, he was dangerously
afflicted with a quinsy in the throat : the old woman, having
got access to his chamber, walked round his bed, repeating
the charm which she believed had cured her cow : whereat
the bishop was seized with a fit of laughter, which broke the
quinsy, and saved his life. An old English dramatist alludes
to a third instance :

" I am to teou
Your brother hath intended you somell spyort :
A great physician, when the pope was sicke
Of a deep n3elancholly, presented him
With several sorts of mad-men, which wild object
-(Being full of change and sport) forc'd him to laugh,
And so th' impost-llama broke : the self-same cure
The duke intends on von."
—Delieice Literarice ; a New Volume of Table Talk.
GREEN-ROOM READING: THE NEW PLAY.—After sug-
gestions have been made, alterations either conoeded to or
resisted, the cast is settled, and a day for the reading ap-
pointed. The parts are written out, each performer having
merely the words of his own character, with the few last
words of the speech he is to reply to. It is not now the fa-
shion to put up the cast until it is ascertained that the per-
formers will accept the parts. The call is, therefore, fre-
quently, " Everybody to the reading of anew piece ; ' or the
names of the person expected to play in it are put up, with-
out any indication of their character assigned. them. Au-
thors sometimes read their own pieces ; sometimes the stage
manager reads for him. Mr. Macready very frequently read
himself. Authors reading their own pieces are generally
acting authors, as Serle, Peake, Buckstone, Knowles, Mon-
crieff, &c. Elliston was reckoned the best reader in either
theatre : his mantle has fallen on Frederick Yates. During
the reading of a piece, it is not unusual to see the performers
display their dislike—nay, their disgust—at the characters
they presume they may be called on to enact. This they do
without the least regard to the feelings of the author, even
though he be present, as he almost invariably is. This ap-
pears a serious charge against the children of Thespis ; but
we have no hesitation in saying, that where performers have, or think they have, their individual interests (Anglic
ties) at all affected, they are the worst bred people upon
earth. To this there are, and always have been, exceptions ;
but for the truth of the assertion, we appeal to the general
body of dramatic writers, if they are disposad to speak out.
At the reading, scene-painter, tailor, dress-maker, &c.,
should be present, and generally are.—polytechnic Journal.
ofGoon AND BAD NEWS.—Bad news weakens the action
the heart, oppresses the lungs, destroys the appetite, stops
digestion, and partially suspends all the functions of the
system. An emotion of shame flushes the face ; fear
blanches ; joy illuminates it ; and an instant thrill electrifies
.a million of nerves. Surprise spurs the pulse into a gallop.
Dihrmin infuses great energy. Volition commands, and
hundreds of muscles spring to execute. Powerful emotion
often kills the body at a stroke. Chilo, Diagoras, Sophocles,
died of joy at the Grecian games. The news of a defeat
killed Philip V. )ne of the Popes died of an emotion of
the ludicrous on seeing his pet monkey robed in pontificials,
and occupying the chair of state. Muley Moloc was carried
upon the field of battle in the last stages of an incurable
disease; upon seeing his army give way, he rallied his
,panr-
stricken troops, rolled back the tide of battle, shouted.oi
vic-
tory, and died. The door-keeper of congr.esa. expired
dblic
Eininen
hearing of the surrender of Cornwallis.
speakers have often died in the midst an impassioned
l
burstit ha do f s euldodqeunelnyc es ,u ob rs
dwhened. the
Lagrave,deep emotion o
young producedParisian,
competed was adjudged to another.
died when he heard that the musical prizehe foiritswehe
ohN:Ni,CfgahisiHhiainepi
pio,hreaeirdn:
New York, is freshintblieefo
hended for theft, taken mreenthloerpyollcea,laLnd
feet health, mental agony forced the blood from his nostrils,
and he was carried out and died.—Harrison Flather.