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

RAILWAY SHARES.-BELL AND OTHERS V. VERO.

In this action Mr. Thomas Wm. Bell and Mr. Arthur
Valentine, the assignees of the estate and effects of Messrs.
Richardson and Thompson, bankrupts, were the plaintiffs,
and Mr. John Vero was the defendant. The action was
brought to recover the difference in value of 50 half-shares in
the Great Western Railway, alleged to have been sold by the
defendant to Messrs. Richardson and Thompson, and after-
wards withheld.
Mr. Cresswell and Mr. Crompton were counsel for the
plaintiff, and Mr. Alexander and Mr. Cowling for the de-
fence.
Mr. CRESSWELL, in opening the case for the plaintiffs,
said, that in this action the assignees of Messrs. Richardson
and Thompson sought to recover the damages to the estate of
the bankrupts sustained by reason of the non-fulfilment of a
contract to sell and deliver certain shares of the Great Wes-
tern Railway. - The circumstances were these :—Richardson
and Thompson had been partners in trade, and Mr. Vero via'
a gentleman of property in this town, but carrying on n 0
business, though he occasionally speculated in shares.
Messrs. Okill and Cooke, share-brokers, on the 24th Janu-
ary, 1840, entered into an agreement to sell to Meitsts. Rich-
ardson and Thompson fifty half-shares in the Great Western
Railway, on which £5 had been paid, at the rate of .4.;3 12s. 6d•
per share, or £1 7s. 6d. discount, the purchaser to pay the
calls due, and the seller allowing interest. Messrs. Richard-
son and Thompson employed Mr. J.. C. Townley, share-
broker, to call on Messrs. Okill and Cooke, and take up the
shares. On the 24th, Mr. Townley accordingly called, and
said, that, at the request of Messrs. Richardson and Thomp-
son, he had come to take up the shares, handing them big
authority. Mr. Cooke looked at the paper, and said, "It is
all right ; but our principal is not in town, and we cannot de-
liver them to you. He will, however, be in town in a few
days." Mr. Townley called again, and saw Mr. Cooke, who
said, the calls, of which none had been paid, amounted to a
considerable sum, about £2O on each half-share. Mr. T. re-
plied that he was then quite prepared to pay both the calls and
the price—that is, if the transfer were made. He, how-
ever, received the same answer, that their principal had not
come back, and that they could not complete the transaction
until his return. A day or two after, on the 28th or 29th or
January, one of the firm of Richardson and Thompson, the
former he believed, committed an act of bankruptcy; On
the 31st of January Mr. Townley called again on Messrs.
Okill and Cooke, and he was then told that Mr. Vero w 35
the seller, and that he (Mr. Vero) bed stated, that as Messrs:
Richardson and Thompson were bankrupts, he would n°'
complete the transaction ; that he was not bound to deliver
the shares to bankrupts, and that he would not do SO;
iii
point of fact, that they had been resold under the diretti°ll
of Mr. Vero. Richardson and Thompson having becti
bankrupts, of course Mr. Townley could do no more until
assignees were appointed. They were appointed, and after;
wards Mr. Townley waited on Messrs. Okill and Cooke, 10_1
made a formal tender of the price of shares. He receiceu
the same answer that he had previously received, and there
was an end of the matter. The difference in value would be
this :—the shares were sold at a discount of £1 7s. 6d.: the
first time that the defendant refused to complete the
chase, they had attained a premium of £1 10s., making a Wl'
ference of £3 per share. •
The contract having been put in,
Mr. Thomas Clarke, share-broker, was then called, ill
stated that the purchase of the 50 half-shares was made 01".
the 20th of January, on the terms stated in the contract.
Cross-examined.—On the evening of the 20th Mr. Veil.
went to Dublin, and returned on the 29th. The firm fe
Richardson and Thompson had become insolvent in tPtii
meantime. He should say that they were not insolvent 0.
the 24th or 25th. When Mr. Townley called, on the 2.4t:.';
no tender of the money was made, nor any transfer of tl,
shares offered. On a subsequent day, perhaps a day or ,
after, Mr. Townley spoke of the intention of Messrs. Ric 1,1
ardson and Thompson with respect to the shares. sal,
that they intended to sell the shares in the market, and „.1
that he (witness) reminded Mr. Townley of what had
said before. He said, " I thought that they were to rePli',
a lot of 50 shares which had been purchased from M.O,
Roskell." Mr. Townley said that that was originally Mesi,ol
Richardson and Thompson's intention ; but since they be
become insolvent, they would not do so, as that would it,
shewing an undue preference to Mr. Roskell. He (the
ness) could not say that he had asked for the name of •°n
transferee, or for the money ; hut he certainly did mentt`e
that they had not got the name of the transferree. st
30th of January the shares were resold at £5 per sbar'.. of
par. This was done in consequence of the instruction the
Mr. Vero, who had entered into an obligation to PO oo
calls in the month of January. The calls would fall due or
the Ist of February, and amounted to £25 per shareo-
- altogether, exclusive of intere it. Mr. Thompson talf
ed on the 25th or 26th, and stated that he applied 00 been
of the creditors, and that his assignees had not then
apMpointed. 2 c'f
r. Charles James Townley stated, that, on the to
January, he called at Messrs. Okill and Cooke's offietefiere
have the contract completed. Mr. Cooke observed, thiLtid
was a specific understanding that the calls should be Pte tin"
mediately after the transfer. 'Witness replied, atiT as
dertook that the calls should he immediately paid. couldl-1,0
told that Mr. Vero was out of town, and that nothillagga.
be done until his return. On the 25th and 27th he Nye? t,et re'
Ott the latter day he was told that Mr. Vero had o°,‘,,,itness)
turned, but that he would return on the 29th. Cooke
did not call on the 29th, as both Mr. Okill and Air' toro.
had promised to let him know when Mr. Vero did re Es•
He met Mr. Cooke, on the Ist February, on the Stlte 0;01
change, and went with him to his office. Mr. Cook lied
told him that the shares had been resold. He then 0 tici-
from Mr. Cooke a note stating that Mr. Vero was hi,sseP _ ap-
pal. Nothing further was done till the assignees 'torr_hoe
pointed, and, after that, he went and tendered the p
_cc""tuol
money, £lBl ss. It was refused. He had made nostteti,
tender of the money before that time ; but he had
from the first, that lie was ready to lay down the, mo.neYebru.
Cross-examined.—lt was, he believed, on the 20t0 r

ea
v
:•ea
Pre

I

417, that he made the tender. On the 15th January he was
aware of the unfortunate state in which Messrs. Richardson
and Thompson were they were in straitened circumstances,
but not insolvent. This was not generally known. He did
not recollect on what day it was that an act of bankruptcy
Was committed by Mr. Richardson. Up to the 20th he had
Made no tender of the purchase money, or of calls.
_Mr. ALEXANDER then addressed the Jury for the defence,
He called their attention to the fact deposed to by the wit-
begs just examined, that, a few days before the present eon-
i'act was made, Messrs. Richardson and Thompson, although
in solvent circumstances, had been. making an attempt to
come to an arrangement with their creditors. The contract
Aar made '
on the 20th January - on the evening of which day
I• Vero left town for Ireland, and did not return till the
end of the month: By that time it was perfectly clear Messrs.
Richardsonhiiid Thompson had become insolvent. Now, the
contract had been made on an express understanding that the
calls on the shares should be paid immediately, before the ex-
piry of the month; and where was the probability that men,
who had just become bankrupts. could raise the sum of
£1200? It was all very well for Mr. Townley to say, " Oh,
You nosy rely upon me; I will undertake that both the pur-
eliase_mone, and the calls shall be paid ;" but brokers were
not in the habit of relying so much on one another. What
change, if,
would Mr. Cooke have been thought of upon the Stock Ex-
on the credit of such a statement, he had made
the transfer? But he (Mr. Alexander) contended, that no
transfer could have been made. To whom should it be made ?
From first to last, as they had heard from the evidence, the
llame of the transferee had been kept a mysterious secret.
Cooke had, in vain, endeavoured to learn it. The trans-
fer, to comply with the legal requisitions, must have been
made to a: person able and willing to pay ; but who was there
that was able and willing'to pay ? Was Mr. Vero to transfer
his shares to men who were about to go into the Gazette,
and thus imeome a creditor. for the amount to the bankrupt
firm of Me.4sra. Richardson and Thompson? Most cer-
ainly not; but, even it' he had been willing, it could not
have been done, inasmuch as no transferee had been men-
tioned. Mr. Alexander referred, in conclusion, to a case
reported in sth Bingham, p. 399.
_ Mr. •CRFASWELL replied, maintaining that, in point of
fact, Mr. Townley would have been the transferee, he having
received authority from Messrs. Richardson and Thomp-
son to• receive the transfer ; and that, although no actual
tender of money had been made before intimation of re-sale
had been given, Mr. Townley had always expressed his rea-
diness and willingness to fulfil the contract. In point of
fact, there could have been no tender while Mr. Vero was
absent, because Messrs. Okill and Cooke had always stated
that nothing could be done until their principal came back.
But, when the principal did return, a tender was made, and,
admitting that Messrs. Richardson and Thompson were
bankrupts, was it likely that, with the fact of a rising mar-
ket, they would not have found money to complete the
purchase, if the promised notice of Mr. Vero's return had
been given to them, and they had been allowed the opportu-
nity, to which they were entitled, of completing the contract
into which they had previously entered ?
The learned Junuic summed up. He told the jury, that
they must- not look to any general question, but to the issues
joined by the parties, the first of which was, that the defen-
dant did not make any contract. It had been strewn by Mr.
Cooke, however, that a contract had actually been made,
and the contract, in the terms stated, had been produced by
hint. On the fiat issue, therefore, the verdict must neces-
sarily be for the plaintiff. But it did not follow that the
plaintiff was therefore entitled to any damages, if the defen-
dant could shew that he was entitled to a verdict on the other
issues. The next plea of the defendant was, that, neither
the bankrupts, before their bankruptcy, nor their assignees
since, were ready to transfer the shares, or to pay for them,
Or to pay the calls due. To this the plaintiffs answered, that
they were ready ; and the question was, not whether any
money was tendered but whether they were ready to pay it.
The question which the jury would hare to determine on
this issue was, whether, at the time the shares were re-sold,
the bankrupts were ready to pay the amount of the contract
and of the cans. Now, it had been given in evidence, that,
five days before the contract was made, Messrs. Richardson
tallid Thompson were in straitened circumstances ; and, al-
Lough they might have been able eventually to pay twenty
tlenillines in the pound, it would be for the jury to say, whe-
thertner they (the bankrupts) were ready, at the time of the
contract, to meet the sum for the purchase-money and the
ePs- If the jury were satisfied that they were ready to pay,
t
ell it Was Do matter whether a tender had been made or
nuo •
t• But the defendant had no right to re-sell until he had
given notice, in order to ascertain whether they were ready
to eleet the purchase-money and calls. The third issue was,
t the- defendant had not dispensed with any. conveyance
„ht. execetion; and the question was, whether the evidence
ewed that he had done so or not. If Messrs. Richard-
ion and:Thonapson, down to their bankruptcy, were ready
l°,ya?,, however insolvent they might have been, and if Mr.
2ii!,_° 8 agent said that he (Mr. Vero) would return on the
v 9th, there was no necessity before that to tender any con-
bel.ance for execution, because there could be no contract
e-Tre his retuen. Be returned before the Ist of February,
that then Messrs. Richardson and Thompson were told
Ma! no conveyance was necessary, because, on the 30th,
tt," Vero had *deprived himself of all power of conveying to
bankrupts. If the' jury were satisfied :that the witness
r• Townley) was put off, day after day' until Mr. Vero
tturned, then no tender was necessary ; and if, after his re-
tUrn, Mr. Townley was told that the shares had actually
ell re-sold, then that would operate as a dispensation from
idle
necessity of sending a conveyance, because it would be
Tiro
to tender a conveyance to execute a transfer after. Mr.
Then
had ceased to have power to make that transfer.
be" came the fourth issue, that the defendant was ready to
Thompson,
until' the bankruptcy of Messrs. Richardson and
"e4tnpson, on being paid- at the rate agreed upon, but that
they never agreed to pay, and that, on the 26th, they became
fuselyents, and, on the 29th, bankrupts; wherefore, the de-
. aendant, before any tender was made, revoked, rescinded,
1 annulled the agreement, after the expiration of a season-
ablera time for the offer and tender, and before any tender was
of February,
It was clear, from the evidence, that, before the Ist
rebruary no tender of £lBl. had been made • and the
wouldcluestioa be; whether between the 29th of 'January,-
tee day on which Mr. Vero returned, (before which day no
took'allafer could have been made,) and that of the sale, which
Place on the 30th of January, a reasonable time for offer
'NI tender had been made, under all the circumstance. The
111" Y would; therefore, 'have to say, on each of those issues,
what was their judgment.
it The jnry retired to consider their verdict. They returred
i quarter of an hour, and gave in a verdict for the plain-
th9 rd ,a , the
first issue, and for the defendant on the second,
ij on
ndourthissues.
-hnENrean of APPRENTICESHIP:—BURBRIDGE V. WARD.
This was an action on an indenture of apprenticeship, in
wht Nr. John Burbridge, goldsmith and silversMith, of
:Inchester, was the plaintiff, and Mr. Samuel Ward, silver-
411,Ltant. h, of the seine place, the defendant..
fe ld
Mr. See-ar for the plaintiff, and Mr. Martin for the de-
ft appeared that, in May, 1835, George Ward, the son of
the defendant, was apprenticed to . Mr. Burbridge for six
}gang, and continued in his service till the sth of September,
t 1439, when he deserted the service, on the plea, (a true one,)
at he hadattained his majority,.and went to work with his
father.ee, The youth was said to be intelligent, and clever as a
e-otrkman,.and to be worth to his employer 10s. a day. The
-,e‘ton was, therefore, brought to recover the value of the
between
of the apprentice for fourteen days, being the period
-ritween the sth of September and the bringing of the action.
test% MARTIN stated, that the indenture would terminate in
'aY 1841, and he wished that there should be a settlement
of the whole matter. To that the plaintiff would not consent,
Uriteless the youth would agree to return and serve out his time.
thluis LORDSHIP observed, in summing up, that, although
Ce, fact of the youth having come of age left him at liberty
his Son his master, vet, the father, who covenanted that
R son should serve for a period of six years, was liable to be
4" for breach of the covenant, if he could, not induce his
soon to fulfil the terms of it.
The sum claimed by the plaintiff was £7, less the amount
which would be due to the apprentice for wages, at the rate
of
-` 98• per week (215.) The jury estimated the value of the
e.,Y"th's services at half the sum claimed by the plaintiff, and
eantiOnedas reasonable by the witnesses namely, ss. per
y, and, consequently, returned a verdict 'for £2 9s.
The Court rose at a quarter to six o'clock.

CROWN COURT, YESTERDAY.
TRIAL OF THE CHARTISTS.
ti,VerY considerable interest was excited by its being known
"at several of the chartist leaders would yesterday be tried,
and the court was crowded from an early hour during the
whto„le day.
Was. Vickers Jackson, William Richardson, Wm. But-
f.,orth and James Bronterre O'Brien, who had traversed
3://1 the, last Assizes, stood indicted for a seditious con-
„tracY. which was set forth in the indictment as with various
It`ats, such as maliciously and illegally to excite discon-
tent, riot, routs; to induce the people to arm themselves,
i?ao intimidate the Government into new measures ; and also
w
~Ith having committed certain overt acts in furtherance of
thhobjects. There were four counts to the indictment ;
e, two first charging the defendants with seditious con-
3314macies, as aforesaid ; the two last with unlawful assem-
-Ilits and seditious speeches.
I„.Mr. Sergeant Atcherly, with whom were Mr. Knowles and
Fa'. Addison, was for the prosecution ; Mr. Wortley de-
tided Butterworth 'and Jackson ; Mr. O'Brien and Mr.
Richardson defended themselves, the latter having the as-
sistance of Mr. Cobbett in advice on legal points only.
Mr. KNOWLES opened the proceedings.
Mr. Sergeant ATCHERLY, addressing the jury, said this
fors a prosecutio
purppsen institud b
before her Mthajem esty'the s Governmdetailsent,
the of layingof
a cousieracy of a formidable nature, though happily
suppressed, and when they heard these details they would
agree with him that it was not bronght forward unjustifiably.
It was a conspiracy and combination to create discontent
amongst the people ; to excite them to disorder and to tumult,
and illegally to intimidate the government into changes of
the existing- law. The indictment originally contained the
names of six defendants, but two of them, Bennet and Dean,
were not now on their trials. The first political meeting
held
ircus,
was on the 23d of April, 1839, at a place called Batty's
Bridgewater-street, Manchester. It was the most
important meeting of a series. All the four defendants were
there;c and the jury would have to consider whether the
discussion was one of a peaceable and hanoxions kind, or
Whether it was not rather calculated to excite disaffection,
sod goad the bearers to discontentment and public dis-
tt*bance. He would not detail the whole of the occurrences,
as they would learn them more particularly from the wit-
18es. Dean was in the chair, and they would have to con-
sNer whether what was uttered was within the fair hounds-
nlea of discussion, or whether the parties had assembled for
'common and illegal purpose, and employed language cal-
Stilated to produce.the evils which he had stated. Dean, ad-
,mressing the assemblage, said, " that the government were
setting to understand that the people would stand it no lon-
tr ; that they were determined to have their liberty or die
the attempt; that they were preparing for the crisis, and
Would manfully meet it." A voice in the crowd exclaimed,
Ve are all ready." Butterworth said the people of Ireland
t.ad Scotland were prepared, and if they could not obtain
laneir end by moral means they would try something else.
" the national petition were refused, then they would
pro-
need to ulterior measures, and a resort to physical force
was amongst them. Rawson, who was now on his trial,
said he had come from Bury, which would send delegates to
the Convention, thus proving that a correspondence existed
With other towns. There, be.said, they were ready for phy-
'ilea). force. They had, he said, tried moral means, but to no
but the crisis had now arrived when they must resort
r? tided that this force should be exerted in every town, vil-
1. Physical force. Enough was stated, indeed, that it was in-
ne, atm hamlet, and that " the boldest front was to he pre-
sented to the Government." The defendant Richardson said
at his motion for a general arming had even frightened
asome of the Convention, so that he expected that some seats
14 that body would become vacant. He (Richardson) also
they' that if the people would pay a penny for a meal's meat,
:eY Would surely pay more for the price of liberty, aye, even
!th their blood. The speaker then uoted a passage from
Wm. Jones, to the effect that theq people had a right to
4,41 themselves ; and he (Richardson) said they should do so.
'ais was not his advice, but Sir William Jones's. The next
l'ealter was Mr. O'Brien, who said he was glad to find they
);„er,e
&c to the mark. He said he had come from Leigh, Chow-
., and that every one had signed the petition, that
c' was prepared with sharp argument, and that there was
v4i,t'lKe for every signature. He said he himself did not ad-
• Physical force, but he thought they had done right,
Le_ that if all the men in England acted like those of
taligh, &c., England would soon be free. The petition was, he
`•
,ed, a notice to quit to the Commons House, and if they
• not, resort should be had to a writ of ejectment.
gem, by the door or the window lie would not say. Let
ea:, Continued the speaker, go on loyally until the time
thiete When all should be prepared to act. He next hoped
he hand of vengeance would be raised, and that even

death would be the reward of spies and traitors. Were they
prepared (he exclaimed) for that rainy day ?—and the cry
was, "We are ready!' Another man from Ramshottam
said he trusted they had arms, and asked what the people of
Manchester wished to do ? The hont in reply was " Fight."
There was to be, he said, a general fight, and they were not to
be trodden down. They must obtain the charter peaceably if
they could, but forcibly if they must. One of the speakers said
that when the national holy day arrived every one should have
a stiletto a cubit long, which they might run into the guts of
any one who opposed them. They should .also put a pike
against the door, and if any one ran against it, let him do so.
The people of Middleton (he continued) -had stolen lead from
the railway, and made plenty of bullets. The speaker next
told them to get guns, but he did not tell them to shoot any-
thing but sparrows ; and they. should also get picks to pick
toads with, for they would want them by and bye, he would
not tell them for what purpose. The learned gentleman then
read a letter to a person named Thompson, at Birmingham,
from which it appeared that a quantity of pikes had been or-
dered from -him. In conclusion, the learned sergeant said,
that no government should prevent the fair and peaceable
expression of public opinion ; but the parties had gone
far beyond that, and the question for the jury to decide
was, whether' they considered the Meeting a harmless
oae, in which fair discussion took place, or was calculated to
promote tumult, and break up the laws of the country, to
which society owed all its safety and happiness. He doubted
not but, when they heard the evidence, they would be of opi-
nion that the object was destructive and seditious.

Mr. Tho Mas Thornhill Clarkson.—l am a reporter for the
Manchester Guardian. I attended a meeting at Batty's cir-
cus front seeing a placard. The circus is used for equestrian
performances. I got there about eight o'clock in the even-
ing. The place was quite full. Several persons spoke from
a platform. William Butterworth moved that Mr. Dean be
called to the chair ; the motion was carried, and be took the
chair. .I took notes, hut not full notes. This is an exa-
mined copy of toy original short-hand notes which I also
produce. The words which he uttered were as follows.
[Here the witness read the speech, which attributed oppres-
sive motives to the master manufacturers, in stopping their
mills—which was intended, the speaker said, to drive the
people to destruction. He next noticed the House of Com-
mons, in which the people had no confidence. He added
that they (the government) were getting to know that the
people would no longer stand it, and that they were prepared
for the coining crisis, and would manfully meet it. They
were all.readv. He next stated what Butterworth said, to
the effect that they were prepared to exert moral means, and
if that would not they would try something else, if the
national- petition were refused. He then read his written
report of Rawson's speech, in which the speaker said that
he could think of nothing but a determination to use physical
force, and to assert their right, by bullet and steel, &c. Ri-
chardson next spoke. He said the government was now ou
its trial, and could not: rezist the demands of the people.
The government was, moreover, bankrupt ; and had issued
exchequer bills to the amount of four or five millions. The
savings banks, too, were a mere contrivance to enable the
government to tyrannize over the people. The speaker went
on to urge the employment of arms, if the national petition
were rejected. He doubted not but that they would pay the
noblest price of their liberty,—their blood. He strongly al-
luded to the foreign policy of the government, which was
fast ruining England, and they were afraid of Russia, which
if it became restive would involve England in ruin. He then
said that Sir William Jones had expressed his opinion that
everyman should have a musket in his chamber. He did
not advise them to do so, but Sir William Jones did, and let
them read the opinions of that great man. The next speaker
was Bronterre O'Brien. He rejoiced that they were up to
the work, and proceeded to say that he would prove that the
government deserved the epithet of robbers which he called
them. He also alluded to the corn-laws, which gave such
undue prices to the corn lords. The system was nothing but
wholesale damnable robbery. The speaker alluded to a leg
of mutton, the argument being that the aristocracy got the
meat, and the people the bone. He next adverted to the
ejectment of the " honorable robbers" from the houses of
parliament, but whether by the door or the windows he
would not say. Let them be strictly legal till the time came.
Let them be prepared for the crisis. They must protect
themselves from lobbing, and assasination by justifiable
vengeance. Were they prepared. (Cries of the meeting
"we are.") They would trust their cause to the God of
justice, and the God of battles. • The next speaker was
M`Dowall who also spoke in strong language. He trusted
they would be armed to resist the rural police bill. When
their petition was rejected, which it would be, they must be
prepared, for a general resistance. Why, he asked, should
the chartists not be trained to arms ? They must permit no
bastiles in England. They need not fear the soldiers in
open day. All they wanted was to protect their liberties.
They must therefore prepare to arms, and to meet the
worst. Benbow was the next speaker. He referred them to
a little book by Mr. O'Brien, which showed the right of
arming, and if 250,000 of them would only come forward
they would assist the liberties of the people. They must
prepare for the great holyday, from which day they should
not work &c. The banks would then be run upon and a
national bankruptcy. The defendant Jackson said that if
they should come to. his house he would have a pike, and
if they chose to run against it they might do so. They
should also have guns, and if they were asked for them by
the police, give theth what their guns contain. The great
protect themselves, by such weapons and why not they. The
speaker produced some sort of instrument which the witness
did not see and said it is in this way they ought be treated.
About 1500 persons were present.]
Witness was examined-by Mr. Knowles. I was at the
meeting in Stevenson-square.
Mr. WORTLEY submitted that there was yet no proof of
conspiracy, and therefore to go into the particulars of another

meeting was irrelevant.'
The learned Judge said that was a question for the jury.
Examination continued.—The meeting was held on the
I3th July. One David Roberts was in the chair. He advised
the meeting to take up any one who came to interrupt them.
If the government were determined to thrust bayonets down
their throats instead of bread they must meet face by face.
Scotland was up, and Carlisle and Newcastle were up. It
was useless to talk. They must do, Obedience was only
due' to a government who gave the people due protection.
There was no protection for life and property. William
Butterworth next spoke. He advised them to obey no law
made by men not elected to parliament without their voice.
He advised them all to arise with guns and pikes. They
would compel the government and aristocracy to give up that
of which they had robbed them. If policemen entered
that meeting, let them open a way for them, and when they
got into the midst of them, let the sea of the people close in

upon them, and he would not answer for the consequences.
Each of you possess yourselves of a lump of flax, dipped in
rosin or pitch, and a bundle of congreve matches, and you
are each of you an engine of yourselves. He informed them
that at a recent meeting two police came up in a gig, and
were properly assailed by a volley of stones. la allusion to
the Birminglium riots, he said that for every wound inflicted
on the men of that town they would have vengeanbe ; for
every wound they would make Lord John Russell shed tears
of boiling oil. They must be determined to support their own
parliament, and they would gain their point. Mr. Rawson
next spoke. He alluded to th blood shed at Peterloo. That
dirty little fellow, Lord John Russell, had wished to see the
day when a rural police would be established all over the
country ; but the monkeyfied little fellow would never see
that day. When the Manchester people took the field, the
people of Bury would not be far behind them. If ever the
people were attacked by the bloody police, he would not ad-
vise them to forbear, but say to them, " Have at them lads."
They must arm themselves, and assert their rights. Jackson
next spoke, and proposed a resolution, to the effect that they
should use every means, moral and physical, to obtain their
rights. He approved of the conduct of those who resisted
the police at Birmingham, and regretted that the people were
prevented from taking vengeance with the rails of St. Thomas's
Church, which could not, if they were consecrated property,
he employed in a holier cause. If by no other means they
could obtain their rights, he was the man who would be at
his post with musket, bayonet, or pike. A person, named
Taylor, then spoke. He read in the Bible that man was
made free. The time was come when this state of things
must pass away. The Bible said that a kingdom divided
within itself could not stand. This country was divided. The
rich oppressed the poor, and the government and the throne
and the whole system must fall. The Bible said so. The
government gave 20 millions for the black slaves, but woull
not give 20 shillings for you. What were they to do ? (Cries
of " Fight.") They must be free, however they accomplished
it—even if they waded through streams of blood. They had
never heard of a nation freeing itself without physical force.
An opportunity would occur, and they must embrace.
Re-examined.--On the 16th July I was at another meeting
at Batty's Circus. I saw Mr. O'Brien there. The place
was full. I believe a John Campbell was in the chair. Mr.
O'Brien first addressed the meeting. He considered the
time for lecturing and discussion was passed. The petition
had been sent to the parliament by the convention, but it had
been rejected. If the people were as much up to the
mark as he was, they would not again petition a house so
corrupt. He proposed that they should take univer-
sal suffrage, and elect their own representatives. He
knew of a plan, but it was a secret, by which they would ac-
complish this, and beat both the whigs and tories. The ar-
gument of the speaker was, that this would supersede the
present legislature. If he were elected one of them, he
would be ready with a little bill, which when passed into a
law, would put a good coat upon the back, and a good hat
on the head of the working man. He should propose that
the uncultivated lands in our colonies might be freely culti-
vated without paymert. He would not take any main estate
without payment—except that of the Duke of Wellington,
who got it for cutting peoples throats—making people die
before their time. He then went on to propose a national
holiday and cessation of labour, until the government had
yielded to their wishes. It would be said how would the
people live without work • but how did their enemies live
who worked not at all. There were various ways. They

might beg, borrow, or steal. He would not advis-e them to
steal or to beg. To beg would be of no use, because they
would get nothing, unless they did as the beggar in Gil Blas
did, who, when soliciting alms, had his hat in one hand, and
the finger of his other upon the lock of a loaded blonde:buss.
They might, however, borrow. They should wipe off the
28 millions paid annually for interest on the national debt.
He also pointed out other resources. The landlords and
aristocracy had robbed the people of two millions of money,
which they would have enjoyed if they had had the forma-
tion of their CVII institutions.
Re-examined.—The chairman then asked if any one had
any questions-to ask: A person named Carlile came forward
and spoke. He had advised the people to arm themselves
long ago. Universal suffrage was the main object. That
would never be obtained without physical force. He added
that universal suffrage could not, in the nature of things, co-
exist with a House of Lords. Mr. O'Brien said that he
thought that the Lords were too feeble a body to claim any
attention ; they could only do what the House of Commons
allowed them to do. All they wanted was a House of Com-
mons chosen by themselves, and all that was required would
follow.
Re-examined.—ln places where my notes are imperfect.
I have given a fair account of what took place.
Cross-examined by Mr. WORTLEY.—The repo.rt I have
read did not appear in the Manchester Guardian. A short
account only was inserted. In the course of my business I
attended these meetings, without any special directions. I
took the reports partly for my improvement in short-hand,
and partly because it was a rule with us to take full notes,
whether they were afterwards written fully out or not. The
Guardian, I believe, supports the present government. Some
part of every meeting appeared in that paper, but not some
part of every speech. In some measure, it is the practice for
reporters to snake out their reports with a shade of the poli-
tics professed by the paper for which they report. We give
what parts we think best suited to our readers. I gave such
a report. I am turned 25. I have been a reporter about
five years. I was an attorney's clerk before that, at Wake-
field, and went from thence to the Halifax Expriss. There
were few meetings there to report. I am junior reporter of
the Guardian. I have studied short-hand for nine years.
(The witness's notes and written report were here required
by counsel.) • Witness, by request, read a part of Butter-
worth's speech from his short-hand notes. The first meet-
ing was in Batty's Circus, a kind of theatre.. There was
money received for admission. I never was friendly to
socialism ; quite the reverse. (A small pamphlet was
here put into the witness's hand.) 1 know that book.
It was written by me when I was nineteen years old. I
repudiate the sentiments it contains, and was persuaded to
them by others. It does not contain social principles. I
once entertained an opinion that marriage should not be a
religious, but a civil ceremony. At a great meeting at Man-
chester on the corn-laws, Mr. O'Connell called the land-
owners " robbers." Mr. Cobden has also spoken strongly,
in such language as that stated.
Cross-examined by Mr. Richardson.--I have attended
most meetings in Manchester. I cannot swear that I saw
you at more than one meeting at Manchester within the last
ear. I have always thought that you counselled hothing at

those meetings but what you believed to be constitutional
and legal. I have heard you say in conversation that you
wished to keep the people within the pale of the law. I
knew you personally, and should have noticed anything
wrong done by you at public ineetings. Ido not remember
. seeing you at any other meeting but that of the 23d April.
My report given to the Guardian, which occupies only about
twenty lines, contains the strongest expressions you made
use of at the meeting. The words purporting to be an ab-
stract of your speech appear to be similar in substance to the
report I furnished.
Cross-examined by Mr. B. O'Brien.—lf a reporter prac-
tises for twenty years, he may still be improved. I deny
distinctly that Mr. Protheroe, of Halifax, complained to me
of my reporting. I reported a speech of
.a gentleman,
in which I made a mistake of a word in place of " Knicker-
bocker." Mr. Harland is the senior reporter of the Guar-
dian. Both of us are employed at large meetings, but the
meetings in question were not thought of sufficient impor-
tance. I have said that I dissent from socialism. I consi-
der socialists infidels, and lam the reverse. It is very likely
that you are very unpopular with the parties called whigs.
In reporting such meetings I inserted those passages only
which 1 thought the most interesting. I never stated to a
reporter that it was our practice to alter reports so as to suit
our readers. Your arguments on property were, that no man
had a right to the soil unless to cultivate its fruits, but that
if it were improved in value the value of such improvement
belonged to the people. You also said that the spontaneous
fruits belonged to the people, and that all raised beyond it
belonged to the cultivator. You said no one had a right to
take any land without giving the full market price, or some-
thing like it. You divided the land into three classes of
value :—first, the original value ; secondly, the additional
value given .by improvements; and thirdly, the contingent
and improvable value. You may have said that what God
created belonged to all men alike ; but that what human skill
created was the subject of private property. You admitted
that compensation would be but just in all cases, except such
as grants to the Duke of Wellington. (Here witness was re-
quired to read a passage from his report. in which the de-
fendant said that he had found the people of Leigh were arm-
ing themselves, but that you did not advise the people to do
anything against.the law. Some one alluded to Lord John
Russell's letters to lord-lieuthnants and magistrates, stating
that the people should unite as volunteers, for the protection
of life and property, and that he would supply them with
arms at the public expense. You might have said this. (Mr.
O'Brien here recited a long portion of his speech, referring
to political events in Ancient Rome and Sparta.) The wit-
ness did not remember. I cannot swear that you said they
could have no chance of success unless they rigidly adhered
to the law and the constitution. At Halifax I was a reporter,
and assisted in the shop. I was not a penny-a-liner. I had
a regular salary. I don't remember seeing in the Guardian
an article in which Mr. O'Connor and you were called "two
prowling Irishmen." I was once present at the Common
Council when an item was read of money paid to a reporter.
Mr. Potter is Mayor of Manchester. I was not in some in-'
stances reporting for half the time, because I did not think
it necessary.
By Mr. Sergeant ATCHERLEY.—The notes 1 took were
fairly taken, so far as they went. I saw a reporter named
Templeton at the meeting on the 23d April. There were from
eight to twelve persons on the platform, and several reporters.
By Mr. O'BRIEN.—What you said of the House of Lords
was, that if the people had their own House of Commons,
the lords would not last a week.

Joshua Stringfellow Howell.—l am clerk to the commis-
sioners of police at Chorlton-upon-Medlock. I attended a
meeting in Boardman-square. There were between 800 and
900 present. I saw Butterworth there. A man named Davis
was chairman. 1 took no notes then, but afterwards.—
David Roberts made the first motion—" That this meeting
view with disgust the base, abominable, and blood-thirsty
means used to stop their meetings. Sympathising with the
people of Birmingham we pledge ourselves, should rioters
intrrupt us, we will oppose force to force." Roberts said
that while all England was quiet, Birmingham, patriotic Bir-
mingham, had burst into flames. He could; tell them that
an order had been sent for 300 pikes, and that they would be
sent on the following day ; that out of 70 policemen in a
house that was burning only eight had escaped. Butterworth
said they were determined to show that they were the wealth
of the country. Lord John knew they were the wealth of
the countay or he would not have sent down spies amongst
them to see what they thought of him. He would advise
them to arm. They should get each a gull with a bayonet,
or a brace of pistols and a pike. Government thought they
were safe with a rocket brigade ; but a bit of tow dipped in
pitch, was as good as any of them. The people hail got a
holyday to see the Duke of Wellington open the railway.
Would thy do so now ? No : They would terminate the
existence of one of the most blood-thirsty villains in the
kingdom.
Cross-examined by Mr. WORTLEY.—I am clerk tor' the
commissioners. I wrote the facts down, but I remember
what I have stated without the notes. Butterworth said
they should get a gun with a bayonet at the end of it, and a
pike or a brace of pistols "to protect themselves." I forgot
the latter words before. I picked out the passages I thought
most treasonable. There were women and children at the

meeting. These was no alarm there I know of. That was
one of the greatest meetings I ever saw.
Cross-examined by Mr. RICEARDSON.—I cannot remem-
ber to have seen you at the meeting.
Joseph Saunders, a witness, was called but did not appear.
Mr. WORTLEY addressed the jury for the two defendants,
Jackson and Butterworth, in a strain of much eloquence ;
but regret that the lateness of the hour on the eveof our pub-
licatiion precludes us from giving even an outline of his i
speech.
Mr. J. B. O'Brien said, if he were here to defend his own
liberty, he should have left his defence to some gentleman of
the bar ; but lie had to defend his own character, which had
been attacked by almost all the newspapers. He had not
proposed or called any of the meetings, but attended them
by accident : he did not know that a shot was fired at one of
them, giving it an illegal complexion; until yesterday. He
was not aware that any of these meetings were illegal, their
object being merely to forward petitions and representations
to the parliament. As to the speeches, those attributed to
me, are no more like mine than the grinning skeleton to the
living form. He had written much, but had not been pro-
secuted, becan'se that it was found that such a step would
have been abortive. He had always consulted obedience to
the law, not that he respected it, for he did not; but for the
sake of the people, he had been tried three times for sedition.
At Newcastle, he had attended a meeting, his speech at
which was garbled and misrepresented by the reporters, and
he was accused of urging the people to illegal and seditious
practices, when what he said had a directly opposite tendency.
In fact, it was he ho moderated the meeting and prevented
it, by hdvising an obedience to the law, until a demonstra-
tion of the public mind in favour of a change should become
so general, that there would be no illegality in seeking re-
dress of grievances, or amendments of the laws. He had
never counselled spoliation of property, though almost all
the leading parties had at one time or another maintained
opinions involving spoliation. Even Sir James Graham had
proposed a reduction of the interest of the national debt,
thus robbing the fundholder of one-seventh of his property.
He (Mr. O'Brien) had also opposed the abolition of the
corn-laws, unless it were accompanied by other measures ;
because, by so doing, thousands would be ruined, while the
national creditors and others would have their incomes dou-
bled. He had also opposed a petition because it held a threat
over the heads of the government, if they did not grant its
prayer. At Birmingham he also opposed the introduction
of arms into public meetings. Had his advice, indeed, been
taken, none of the tumults and' disturbances which had re-
cently occurred, and which had greatly injured their cause,
would have arisen. He had also opposed meetings being
held in the Bull-ring at Birmingham, because the mayor had
forbidden it, and many shopkeepers and others were greatly
incommoded by their being held there. He succeeded. One,
of the ulterior measures was to discontinue the payment of
rents, rates, taxes, &c. ; and this he opposed. He got that
resolution rescinded. He defied his enemies to prove that
on any occasion lie had advised any contravention of the
law. Sir Robert Peel had stated it broadly, that if the
majority went on, the minority ought to rise up and put
them down ; and he (the right hon. bart.) quoted a passage

from Sir Walter Scott, showing that the aristocracy ought to
rise to a man, as in former days, and man every hill and
glen, and fortress to put them down. Here was a pink of
the aristocracy advising a rebellious rising of the minority to
put down the majority, though the former had no just ground
of saying they were oppressed, inasmuch as they were
amenable only to the same laws with which the majority
were ruled. He contended that the people had a right to
meet peaceably and discuss their grievances and wants, a
right not to be oppressively arrested, a right to habeas
corpus, and above all, a right to the trial by jury. Pool-
men were not now tried by their equals. They were not
tried by people of their own class. The statute law had
done away with many of the constitutional privileges and
rights which they enjoyed under the ancient common law.
He also urged the right of the subject to be armed in self-
defence. The Sun newspaper said, why not allow the people
to have arms, seeing that the serfs of the landowners are
armed. They had fowling pieces given them, and they were
enrolled in the yeomanry. He had read an extract from a
letter, written by a clergyman of the Church of England,
and addressed to his bishop, in which he states that the es-
states of the Duke of Bedford, which had belonged to Ca-
tholics, were positively stolen by the Russell's. He con-
tended that the reporter of the Manchester Guardian was
not a disinterested witness. He had his employers to please,
and if he were sincere in his politics, he would be the more
likely to misrepresent him and to garble his speech. He then
said, that as high and dignified authorities had, as it had been
shown, used violent language, surely great allowances
ought to be made fo r the poor chartists in the expression of their
opinions and grievances. If the chartist found language fa:
more seditious and rebellious from those who called them-
selves their superiors, and find it pass unnoticed, surely lie
may be excused for a warmth of language, which, if illegal,
was not known to be so by him. He (Mr. O'Brien) had
ever advocated the cause of virtue and humanity, and had
ever upheld a respect for the law. He had opposed a system
of proceedings recommended by Dr. Taylor, because he con-
ceived it would lead to a contravention of the law. Organi-
zation, private or public, had also been proposed ; but he had
stated that he would have nothing to do with it. AU he

wished was, at public meetings, to obtain the sense of the
people, and to act accordingly. He here read an extract
from a speech of Lord John Russell at Liverpool, asserting
the right to meet in public, so that, if they had grievances,
they might be known and redressed, and, adding that, if they
had no grievances, such meetings would die away of them-
Aelves, He could state that there was recently a strong dis-
position to form numerous secret societies. This he strenu-
ously opposed on many grounds as impolitic and dangerous.
Secrecy argued guilt ; and the cause of liberty had never
gained anything by secrecy. He had approved of nothing
but a demonstration in open day. He read a long article
from No. 2 of the Northern Star, setting forth these opinions.
He had always advocated peaceable proceedings, and had
deprecated physical force, except in so far as it was justified
and upheld by Blackstone and other celebrated writers. There
were abundance of reasons for the disaffection of the people,
witirout reference to him. The magistrates had required
excessive bail from the men who had been arrested. Even
his own case, several respectable men had refused to be bail
for him, on the ground that they would become marked inert
by the government and be seriously injured in their business—
the bail required seven years ago from a reverend bishop
for a capital and a most odious and revolting offence. The
great provocation, however, was given at Birmingham. He
here read an account of the assault made by the military
and police upon the people assembled in the Bull Ring, while
peaceably listening to a poor man reading a newspaper. Even
women and children were indiscriminately struck and some
wounded. Many innocent persons were beaten and put in
gaol. The reading the catalogue of aggressions by the police
in particular occupied some time. The outrages were com-
mitted by an exasperated body of armed London police.
The language uttered by the chartists, and even by himself
was, he admitted, wrong ; but the excitement and ferment of
the public mind was very great. No man had a right to use
stronger language of the government than he, for he was
ruined by them. He had wished to start a newspaper, and
four months elapsed before he could get sureties. Eighteen
out of twenty-two individuals refused, saying—The govern-
ment is determined to crush you. They will be glad if you
write a libel, and will pounce upon you, and come upon us
too. Finally, they refused to receive three out of the four as
sureties. The police officers in several towns even tore my
bills from the walls. The bills announcing my lectures were
even torn down before my face, and when he asked them
why they did so, the only reply was, " It is our orders." A
verdict might be got against him, but that would be a mean
triumph. It would be a triumph over a man of half-broken
constitution, and be regretted to say, of broken fortune.
But it would be no triumph over the cause which he es-
poused. That would flourish when they were, dead and rot-
ten, and when their- memory stunk in the hostrils of the
people, even as their recreant bodies. He then noticed the
principal causes of the discontent—the appropriation by the
rich from the poor of what they never earned, The weavers

of Carlisle had now to work 80 hours to weave a piece, and
received only ss. 2d. for it, out of which Is. 10d. had to be
deducted for winding, &c. The forefathers of these weavers
received a much larger amount ; and how was the weaver
now so much borne down ? He was robbed by the fund-
holders and others of fixed incomes. The labourer was the
sufferer, and was naturally dissatisfied. Machinery had also
a similar effect. In Leeds cloth was now to be made with-
out either spinning or weaving, and thousands would be
thrown out of employment without redress. Machinery, in
place of aiding the poor man, was an antagonist to him. The
landlord's property too - was rapidly, from the system pur-
sued, on the increase in value, and he knew of a piece of land
that had not been worth £45, for which £4lO was now asked.
The increase was crushed out of the poor labourer. The
country was now in a dreadful state, for the people could not
be kept quiet by the constitutional conservators of the peace,
the constabulary ; but the military, a force altogether uncon-
stitutional, must be employed. 'He and those who acted
with him, wanted no change but what could be brought
about by the force of public opinion, expressed generally
throughout the country. They wanted nothing arising out
of physical force; for in that case, as there were bad men
amongst the chartists as amongst other classes, the brigand
portion, if a revolution arose, would aspire to power,
and this would be but a change of tyrants. A primary
object he intended should be to give a guarantee for the per-
fect security of property of every kind ; and that nothing
should be taken without perfect remuneration. He noticed
the antagonist feelings of the labourers and their employers;
the latter interested in reducing the price of wages, the for-
mer in increasing them. He denied in toto the report pro-
duced. It was no more like his speech than a plucked
pigeon to the same bird in full feather. He cared not for
the result of this trial on account of any imprisonment that
might result. The government could crush out of goal as
well as within it. But he should not like to be denounced
as a conspirator. A conspirator was a fellow who whispered
to another in the dark, aware that he was going to do a guilty
thing. His actions and his words were open and above
board. He repeated that he cared not for imprisonment,
but he did care for his character; and he hoped the jury
would rescue him from the degradation which it was at-
tempted to fix upon it by this indictment. Should they not,
he should hope that the country would do justice to his
motives, and give the verdict in his behalf.
Mr. RICHARDSON then addressed the jury at some length.
—He contended that he could not be a conspirator, as he
was in London when the meeting was determined upon, and
as it was not called with his consent. He knew nothing of
it until his return home, when hearing that he had been in-
vited to it, he attended it. He did not, however, utter the
language ascribed to him. Ile might have spoken strongly,
and this might be called sedition, for as Aristotle says any
thing may be called sedition. To complainof grievances might
be called sedition. Large portions of his speech sere perverted
and others totally omitted. He would not, as they must be
fatigued, detain them long. After a few general remarks on
, the case, he stated that such prosecutions weakened the go-
vernment, and created great discontent amongst the peope.
He asked nothing but even and impartial justice ; and con-
cluded by expressing regret that he should be dragged from
his domestic circle, rua•ly twelve months after the meeting
had taken place, and when all the asperity of political feel-
ing had died away.
The ATTORNEY-GENERAL 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 might 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 he 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. Oise 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 rebellinn. The case appeared to him so clearly
made ont against the defendants, that he should leave 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 he 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 Le 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 ilegal. 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 people 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 they 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.
The jury, after a few moments' deliberation, found all.the

defendants Guilty.
Application was made by the prosecutor 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 PRIUS COURT.-MONDAY.

CLAIM FOR DEMURRAGE.-ADAMSON V. MITCHELL AND

OTHERS.

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. CURL/NG 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 set 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 he was to sail. The answer was, that he (the
agent) could not tell, but that probably the captain would
find it out at Elsinore. Ttiis, 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 two 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 informa-
tion as to where be 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 counsel) 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 3d 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 port mentioned by them —say Kirkaldy,
and directing their agent, if the vessel did not Inoceed thither,
to act accordingly. The letter concluded thus --" And we hay hp,-
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

to come forward with a bill of lading, and the other refusing
to go any where else, the owner, on the 26th, thought it bet-
ter to discharge the cargo. Notice having been given, that
was done; and the owner also gave notice that he had a lien
on the cargo for freight and demurrage.- There had elapsed
27 days over the thirty running days allowed, and it was for
those which the plaintiff sought compensation. Eight days
after the landing Beadle came forward with the bill of lading ;
but, as the demurrage had not been paid, the captain refused
to deliver his cargo up. An action in trover was brought, of
course, against the owner of the warehouse in which the
goods had been deposited. It was tried before Baron Al-
derson, and decided that the cargo should be delivered up on
payment of the freight ; that an action should he brought
for the demurrage ; and that, for the purposes of the action,
Messrs. Mitchell, Cayley, and Co. of London, should allow
that they were the Messrs. Mitchell, Cayley, arid Co., of St.
Petersburg. Mr. Creswell then proceeded to notice the
pleas which the defendants had put on the record, the second
of which, and the most important, was that they had given
notice to Mr. Adamson, the owner, that the captain was to
go to the Tay. The captain, however, had not received such
information from his owner. If an order had been given to
the captain to go to the Tay, there would be an end of the
action • but it would be proved by the captain that he had not
received the order.

George Cathro examined by Mr. CURLING.—Was for-
merly captain of the William and James of Dundee. Got a
charter-party signed by Mr. Atkinson, the agent at St.
Petersburgh.
Mr. ALEXANDER said Mr. Atkinson must be called be-
fore the charter-party could be produced.
The learned JUDGE concurred.

Mr. Thomas 011iver, attorney for the defendant, was then
called, and he said he knew Mr. Thomas Atkinson, the wit-
ness to the charter-party, and that he had seen him three
weeks ago yesterday.
Cross-examined by Mr. CRESSWELL.—It was Thomas
Atkinson of St. Petersburgh that I saw, the witness to the
charter-party. I have given no notice of his arrival in Eng-
land. I obtained an order to examine him by name at St.
Petersburgh. It was in February that I first knew that he
was in England.
___

The Jul.:lGa.—Were the costs of these proceedings re-
served by Mr. Baron Alderson ?

Mr. CRESSWELL.-I believe so, my lord.
Re-examined by Mr. ALEXANDER.—It was in August or
September last that we obtained the order to examine Mr.
Atkinson.

Mr. CILESSWELL said, under the circumstances he must
submit to a nonsuit, but he hoped a full report of the trans-
action would appear in the papers.
Mr. Atkinson was then called three times, but he did not
appear.

The plaintiff was accordingly nonsuited.
MALONE V. SPEED.

This was an action to recover damages for an assault. Mr.
Cresswell and Mr. Murphy appeared for the plaintiff, and
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 he 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. GABON

This was an action to recover £125 19s. Gd., 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 Dawpfiol and Hilbre
Island. Mr. CRESSWELL and Mr. WATSON conducted the
plaintiff's case, and Mr. ALEXANDER and Mr. CROiIPTON
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.

IlmtirrANcus BY Posr.—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 patrons, 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 4 oz. for 1 penny.
„ 4s. 6d. „ 1 „ 2 pence.
Os. 6d. „ 2 „ 4 pence.
In gold, J sovereign l /
Ils. or -, oz. for 1 penny.
and Is. in silver. I
„ 1 sovereigns, 30s. oz. 1 penny.
„ 3 sovereigns I oz. 2 pence.
„ 6k sovereizns 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 Id. 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.
MALIBRAN'S CURE FOR A COLD.—OR 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 have 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 before 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, or 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."

AN HONEST ArrortNEY.—An attorney, on the marriage
of his son, gave him £5OO, and handed bim 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,"
sayi 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 Literte Obscurorum Virorum'
threw him into a fit of immoderate laughter ; the imposthume
hurst,land the laugher was cured." A 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 come to tell you
Your brother hath intended you some sport :
A great physician, when the pope was sicke
Of a deep melancholly, 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-hume broke : the self-same cure
The duke intends on you."
—Delieice Literarice ; a New Volume of Table Talk.
GREEN-ROOM READING: TELE NEW PLAY.—After sug-
gestions have been made, alterations either conceded 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 a new 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 (Anglia vani-
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.
GOOD AND BAD NEWS.—Bad news weakens the action
of 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.
Dilirium 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 panic-
stricken troops, rolled back the tide of battle, shouted vic-
tory, and died. The door-keeper of Congress
of expired
_li
on
hearing of the surrender of Cornwallis. Eminent public
speakers have often died in the midst an impassioned
burst of eloquence, or when the deep emotion that produced
it had suddenly subsided. Lagrave, the young Parisian,
died when he heedthat thtoe
another.musical prize for
asfoorwohoiefhHhi, in
he had
competed_ was adjudged
New York, is fresh in the memory of all. He was appre-
hended for theft, taken before the police, and, though in per-
fect health, mental agony forced the blood from his nostrils,
and be was carried out and died.—Harrison Flather.