The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-04-03 00:00:00

MANSLAUGHTER.

Mary Caton, otherwise Keating, 28, was charged with hav-
ing caused the death of John Kingsbury in this town, on the
34 of August last. The verdict of the coroner's jury was wil-
ful murder. The Grand Jury ignored the bill for murder, and
returned one for manslaughter. The circumstances of this case
were published immediately after the inquest. The Jury re-
turned a verdict of guilty of manslaughter. The Court passed
sentence of transportation for ten years. The Court adjourned
at twenty initiates past six.

NISI PRIUS COURT.-FRIDAY.
LOW V. LOGAN.

Mr. Cresswell and Mr. Neville appeared for the plaintiff, and
Mr. Wightman and Mr. Cronipton for the defendant.
The declaration contaiued two counts; one for money lent,
and the other for money paid. The defendants Weaded, that
except for £6O they had made no promise, and that suns they
paid into court.
Mr. CRESSWELL, h opening the case, said this was an action
to recover the amount of money expended by the plaintiffs, for
the defendants, at their request. Messrs. Low and Hutchinson,
the plaintiffs, were merchants and agents, residing at Savannah.
The defendants were owners of a ship called the Malabar, of
which Win.- Frobisher was the captain; and in 1836 that vessel
was at Savannah, making ready for sea. She was just starting
on her homeward voyage, when the mate. John Bradley, met
with a very serious accident, haying his leg broken in several
places. The captain, with a very proper feeling of humanity,
had hitn conveyed on shore, and applied to Messrs. Low and
Hutchinson to take care of him. It was clear that the master
of a vessel was to t tke care of his seamen under such circum-
stances. It was enacted on the 511) and 6th of %Vin. IV. c. 19,
.that provision should he made under such circumstances for the
st amen injured, by the owners of the vessel. " That if any
seaman should receive any hurt or injury in the service of a
ship, the expense.of providing the necessary surgical advice
which the seaman should stand in need of, should be borne and
paid by the owner or master of the ship, and without any deduc-
tion from the seamen's wages. It therefore appeared beyond
all doubt that it was the duty of the master or owners to provide
for the man's expenses. But, indepeudent of that, the captain
gave a written autho ity to Messrs. Low and Hutchinson to see
that he had proper a taudance. The authority was to the fol-
lowing effect ;--Genilemen, a serious injury has befallen my
mate, in the execution of his duty, on hoard the Malabar, which
would render necessary the tonputation of one of his legs. This
will, of course, make it necessary fur me to leave him behind.
1 hereby authorize you to draw on Messrs. Logan, of Liverpool,
for his expenses." Under that authority loilgivies were procured
for him, a nurse and a surgeon were provided, and an expendi-
ture took place to the antouat of £123 6s. IW. The account
was presented to the parties at first. Mr. Logan directed his
agents to correspond with his attorney on the subject. It ap-
peared that Mr. Logan's tally reason fur refusing to pay the
amount was, because he thought it exorbitant; and offered to
submit.it to any. merchant of Liverpool to say what should be
paid. The plaintiffs thought this rather hard. as it was not a
demand for themselves, all they charged for was for money
which they had actually expended on the Captain's authority.
It appeared that the lkiag at Savannah was very expensive,
and that the usual charges at Savannah were those which had
been charged.: The surgeon attended the mate for some thne,
and on his voyage home to England, the surgeon who was
coining over attended to him, but on his arriving in England
he sunk under' his sufferings, which might satisfy the jury of
the dangerous state in which he was, and the attention which he
would require. A commission had been sent out to take evi-
dence, which would be read. Mr. Low felt that it was a hard
case upon him, and that there was an imputation upon his cha-
racter, and that ther-frre no other course was left to bias to
pursue but to have tire case fully investigated.
Evaistnce was then called to show that the charges put down
were such as were usual at. Savannah; that board and lodging
was front a dolliir and a half to two dollars and a half per day,
and that iudgings ut a lower rate were not lit to put a sick luau
in.
Mr. Wm IiTM AN, in reply, contended that the mate had been
living in the most expensive style, which only captains lived iu.
and that his extreme; ought to have been conducted on the most
economical scale. He called witnesses to prove that the charges
put down for the mate were of the highest kind, and that the
reaisonahle charge far a orate ought to have been much less.
The Jury expressed a wish to retire, and after an absence of
taco hours found a verdict for the plaintiff—Damages £35.05.3d.
i 4 addition to the £6O. paid into court.

COWLING V. HIGGINSON-kIGHT OF WAY.

This was an action brought by die-plaintiff;itinst the de-
fendant to try a right of way which the.deletlant claimed over
the plaintiff's estate. The plaintiff is'an elderly lady resid-
ing at Meanie) s, in the township of Astley, near Manchester,
and the defendant who was tenant of some land in which was a
coal mine claimed the right to cart the coals over the plaintiff's
estate. The case was gone into, and a point of law was urged
by the defendant's counsel that they had an unlimited right of
way which was on the pleadings, and his Lordship was of opin-
ion that the defendants had only proved a limited right of way.
His Lordship, after consulting Sir J. Patterson, was clearly of
opinion that a right of way meant for all purposes. The Jury,
therefore, by his Lordship's direction, found a verdict for the
plaintiff—Damages, is. with liberty to move to enter a nonsuit
if the court above should hold a different opinion.

THE CAUSE LIST

It was announced that all cases front 90 to the end of the list
inclusive, with the exception of two special jury causes would
be taken before Mr. Justice Matteson.

LICAS V. BLUNDELL, ESQ.

Mr. CRESSWELL, Mr. ALEXANDER, and Mr. J. HENDERSON,
appealed for the plaintiff; and the ATTORNEY-GENERAL and
Mr. HENDERSON fur the defence. _ -

This was an action brought by Mr. Lucas, the keeper of a
horse aro: carriage repository, in Great Charlotte-street, against
...the High. Sheriff, to recover the value of a horse. On the 231
of August last Mr. Blundell went to Mr. Lucas's repository and
purchased a mare for £47. Ids. Mr. Lucas had lung adopted a
rule in. his repository that all horses sold with a warranty, if
returned, must be returned with a veterinary surgeon's certifi-
cate on the following day, before twelve o'clock. Mr. Lucas
found this necessary as he sold on commission, and paid the
price over to the owner the day after the sale at twelve o'clock.
Mr. Blundell returned the mare, but not in the time specified;
and consequently could not bring his action for a breach of the
warranty, but he said he would not pay fur her, and Mr. Lucas
was obliged to become the plaintiff in this action. The defend-
ant pleaded that he was induced to buy the mare through the
fraud of a person named Farrel, who was the owner. By this
course, Mr. Blundell escaped the warranty, but he was obliged
to prove that Farral knew her to be unsound. The Jury must
also be satisfied that the defendant bought the mate on Farral's
recommendation; and not on the warranty of the plaintiff. Mr.
Blundell fully examined the mare, had her ridden by several
persons, and finally bought her as sound. Next day he returned
her lame, and she was put to livery, but by agreement between
the parties she was sold, as it was determined on that an action
should be brought, and she was sold for 30 guineas, and bought
for 30 guineas, and bought by a Mr. Hood, living in Stafford-
shire, who rode the mare home, a distance of 50 miles, and she
was quite sound. Mr. Hood afterwards sold the mare for £4O.
to a dealer and gave a warranty of her being sound, her lame-
ness having been but temporary and gone off. Witnesses were
called to prove these facts.
Far the defence it was contended that from a notice stuck up
in Mr. Lucas's yard with respect to warantees given was such
as to make it impossible for him to be liable. It was in fact a
nota bane never to be liable."
Evidence was called to prove that the mare belonged to Mr.
Latouche ofDublin, and in his service got an "overreach" and
was sold to a person named Hewit, being lame then. Hewit
brought her over to Liverpool, and sold her to Farral, and when
in Farrul's possession Mr. Walton the'veterinary surgeon saw
her, and pronounced her to be lame. She was injured in the
pastern joint, and would be.liable to go lame on bard.work, she
was unsound. Farrai was well acquainted with horses, and
knew of this unsoundness of the mare. The mare went lame
next morning after sbe was bought, and was sent back.
Mr. CIIIISSW. ELL canoed., . . .
His LOH 1/SH ip in summing up said if the plaintiff failed, in
any of his pleas the case must go to the ground. The jury must
be of opinion that tie made out all his pleas, and then they would
find for the defendant. • Namely that the horse was unsound
before bought, that Farral knew it, and that through Farrul's
fraud the defendant was induced to purchase. The jury after
consultinu for a short time found a verdict for the plaintiff, da-
mages IX 10s O. •

The court adjourned shortly before six o'clock.

CROWN COURT.—SATURDAY.
His Lo►dship took his seat on the bench at five minutes past
nine o'clock.

HIGHWAY noßß;tetY.
Edward Grogan, aged 21, was charged with having on the sth
of August last, on the Stretford road, feloniously assaulted
George Royston, and stolen from him some money and other
articles.

The prisoner is a remarkably tall and fine-looking Man. His
lace is handsome, but the expression thereof is rather ferocious,
and indicative of the utmost determination. He was well
dressed, and he presented himself in the dock with an- appear-
ance of great firmness.
George Royston stated that
.he resided in the Stretford new
road. On • the sth of August, at a few minutes before one
o'clock in the morning, he was going home along the Stretford
road. When he came witbin '2O or 30 yards of Moss lane, he
saw a man standing on the opposite side of the road. It was a
clear night. This •person crossed over the road to hint, and
asked him for his money... Witness replied "I have none." He
(the man) said he knew very well that he had; he might search
bins if he liked (throwing open his coat.) After that another
man crossed over the road, whom he had not previously seen.
This man presented a pistol within an inch of his temple. The
prisoner at the bar said "if you either utter a word or stir an
inch you are a dead man " The first man aho came over to
him was the prisoner at the bar. Ile was armed with a sort of
sabre or bayonet. He drew it from an inside sort of pocket.
The prisoner then put his hand into his (witness) breeches
pocket, and took out a purse containing a sovereign and some
silver. he other man pulled out the other pocket,amil because
it did not all come out so readily as he wished, he took a knife
or dagger and cut it. nut. The prisoner felt a pocket book, and
he said that he vould have that. Witness said he should not,
he had got all his money, and there was nothing in it to do him
or any body else any g0,41---at was of no use to any one but
himself. The prisoner Said he would have it, and witness put
op his hands, VI hen the prisoner seized him and threw hint upon
his hack, felting uron him, Winless then called out " murder,"
and a watchman who was at hand came up, and the prisoner
and the other man ran away. Witness and the watchman
examined the ground, and found a hat, which contained a pass-
port and an address card,

The prisoner cruss•exaeuiued the witness at some length re-
specting Ins slate at the time when it ,vas alleged the rubbery
was committed. It appeared the witness was somewhat intoxi-
cated.

James Bradbury, a watchman, was in the Stretford road on
the sth of August. Heard some noise. Some person said "I
have nothing more to give you." Was going to the spot when
he heart a cry of murder. Went forward and saw two men,
one of whom was down upon Mr. Royston. Showed his light
Saw that sine man was taller than the other. They ran away
immediately. Saw that the tallest man, who had lost his hat,
had very large whiskers. Searched the spot, and found the hat
belonging to the taller one. Found a horse pistol, loaded, a
box of lucifer matches, a lot of cards belonging to different
theatres in France, a tine shirt, two silk handkerchiefs, and a
cotton handkerchief with some gunpowder iu it. The tall man
had large whiskers. Ile corresponded in other respects with
the prisoner, but could not swear that it was him.

.
Thomas Norbury, one of the police of Manchester.—ln con-
sequence of sonic information which he received, he went on
the Eccles New road to look for the prisoner. Met him coming
towards Manchester, about three miles off. He passed them.
Witness said, after tie had got past, " Here, young man, I
want to speak to you." He replied, " What do you want to
say to me?" Witness said, " I only Want to speak to you."
He put his hand to his right breast coat pocket, and kept it
there, saying " Stand!—keep your distance—if you have any
thing to say to me, say it at a distance." He then drew a
pistol from his breast, and said, " If you offer to move I will
shoot you!•' Witness said. "Nay, you would not shoot a man.
would you ?" He swore by his Maker he would. Witness
stooped and rushed forward, and the pistol was fired as he
rushed. He then levelled the pistol, which was a double-bar-
relled tine, at Pollett, and saw the cap drop to the ground. The
prisoner then ran off. Witness overtook him and knocked his
legs from under him. Jonas took the pistol from him. Saw
witness put his hand to his side and take hold of a bayonet,
which he was prevented from drawing. Witness searched his
coat pockets. Found two such barrelled pistols there loaded
with powder and ball. The double-barrelled pistol was found
to have one barrel loaded and the other unloaded. Witness
was without his coat at the time. Some of the other officers
were in their uniforms.

Cross-examined by the prisoner.—Witness did not tell him
that they were officers. The reason why su many went out was
that they heard that he was armed with fire-arms.
Benjamin Pollett, a police-officer of Mafichester.—lt was
ahout fire o'clock in the evening when they met the prisoner.
Heard Norbury speak to the prisoner. The latter presented a
pistol and fired it. Witness rushed forward, and the prisoner
placed a pistol close to his breast. He snapped it, and it
missed fire

Cross-examined by the prisoner.—Had not Norbury stooped
at the time when he fired, the ball must have struck him.

Bennett was one of the party that apprehended the pri-
soner. Witness gave similar testimony to the other witnesses.
Cyrus Alcock produced the articles received from Bradburn
the watchman. Witness produced a pamphlet of directions for
highwaymen, and the other articles found on his person.
Sarah Drake stated that she resided in Devonshire-street,
Manchester. Is the wife of William Drake. A young woman
named Brennan lived with her in August last. The prisoner
visited her at her house four times. The last time was the first
Friday iu August. The prisoner then wore whiskers, rather
larger than now. He asked Brennan when he should come to
see her. She said she did not know. He said, " Shall,) write
to you." She said he might. He said, " Where shall I write
to ?" She said " Mrs. Peake will give you directions." She
did give her direction, the Rev. M. Esdale, Hall-place,Strange-
ways. The young woman was going into serviceat that gentle-
man's house. 1-le took out of his hat a passport and wrote the
address with pencil. Witness examined the papers produced
by Alcock, and found the passport. She read the same words
on it as that, but she could not read many of them. There
were on that passport written the words of the address.
Thomas Goodier knows the prisoner at. the bar. Last saw
him at a public house in Manchester. Had seen him before in
Paris. It was. the Monday after the election iu Manchester
that he saw him in Manchester. At the time witness saw him
in Paris he said he should pass through Manchester on his way
to America, and he called at that house by appointment. The
public-house was the Printer,' Arms, When witness saw hint
in Paris he gave him a card of the hotel whe:e he was stopping
at, and wrote his name on that card. Witness picked out this
card front the articles produced. It was the -middle of July
when witness saw him in Paris. Witness saw the passport at
Boulogne, and also at the public-house in Manchester. The
prisoner had very large whiskers when in Manchester.
By the pi isoner.—lt was Sunday night when he saw the pri-
soner in Manchester. It was not likely that the prisoner could
have left the papers behind him.
A small, but very formidable weapon, which was taken from
the prisoner, was produced. Mr. Royston was recalled, and he
stated that that was like the weapon with which he was threat-
ened. The prisoner addressed the jury in his defence. He said
it would appear strange to them that he should have those pis-
tols, the dagger, and dark lantern that had been produced.
That dagger was taken in the field of action in Spain. The
pistols he had taken at the storming of Iron, which was given
up to plunder, and he having got possession of these pistols
kept them as a curiosity. In June the legion was disbanded.
He moulded a few bullets, and loaded the pistols, having se-
veral leagues togo over an enemy's country, where if an Eng-
lishman were met who belonged to the Queen's forces he would
be immediately assassinated. He travelled over France, and
to England, still keeping the pistols loaded, as he feared the
discharging of them might create a disturbance, and he had
tried in vain to draw them. He was, as they probably knew, a
deserter from the 17th Lancers. The dark lantern he had found
useful in travelling in France, and he thought it might be use-
ful for the same purpose on his voyage to America. He had in-
tended, on his arrival here, to take a companion, to be bound
with him in the holy and solemn bonds of wedlock, with whom
he should have proceeded to America.
The JUDGE briefly summed up the evidence, and the jury
found the prisoner Guilty.
His Lou DS II IP addressed the prisoner. Ile said, some years
ag-o the commission of this crime would have been followed by
execution. The laws, however, had been altered, and though
this offence had been committed previously to such alteration,
he (the learned judge) had ordered judgment of death to be re-
corded against hire, and should tecommend'hira to her Majesty's
mercy, on the condition, however, that he should be transported
for life.

The prisoner begged to be permitted to say a few words before
he was removed. He entered into a long statement of his ca-
reer in life. He stated, that he had enlisted in the 17th Lancers
when he was only sixteen years of of age, and, having an ardent
wish to distinguish himself in actual conflict, he went to Spain.
He made further statements, which amounted to a confession
that he was guilty of the crime for which he had just been tried.
He said, when in Spain he had been accustomed " to see no-
thing before his eves but rapine, robbery, plunder, and blood-
shed." He Warned the habits there acquired, and said they
had led to his subsequent crimes.