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

LARCENY.

Richard Doran and Winia;nlaYuire were charged with hav-
ing stolen three brace of pistols (ruin the shop of Daniel Row-
den, of Manchester.
Mr. Armstrong conducted the prosecution.
The prisoners were,on a former day of the assizes. convicted
of highway robbery. In the commission of that offence it was
proved that they had used the pistols that they were now charged
with stealing. From a defect in the evidence, two individuals,
who had been members of the Society of Friends, having re-
fused either to take au oath or make the affirmation in the legal
form, it was doubtful how far the conviction would stand good.
The larceny was fully proved, the weapons having been
found in the possession of the prisoners, and identified by Mr.
Rowden as his property.
The jury found the prisoners Guilty, and they were sentenced
to seven years' tiansportation.
WOUNDING WITH INTENT TO DO GRIEVOUS 130D11.Y HARM,

Peter Webster was charged with having. on the Ist October
last, at Ince, wounded Ralph Hayes, with intent to do him
some grievous bodily harm.
Mr. Hutton conducted the prosecution.
It appeared, that at a quarter-past twelve o'clock, on the
morning of the Ist October, the prosecutor was en his way home
with his wife, and when near his own houSe he happened to
jostle against the prisoner, who was very angry with him, and
would not let him pass on his way. Another individual joined
the prisoner, and the two crossed the path of prosecutor and his
wife. Haves threatened to knock them down if they did not
desist. They persisted, however, and Hayes and his wife crossed
the road. 'f he two men followed, and shouldered the prose-
cutor against the wall. lie asked what they meant, and one of
them replied, "Anything." He said if one of them wished to
fight, if that were all, he was ready for them. They still con-
tinued to annoy him, and he struck one of them, and knocked
him down, when he received two stabs in the stomach. He
fell, and received another stab after he was down.
A witness, named Thomas Armstrong, proved that the pri-
soner was one of the two men whom he had found struggling
with the prosecutor.
There was no evidence to show that the prisoner actually in-
flicted the wounds.

—.. ...... .. —...__.
The jury returned a verdict of Not Guilty.
POACHING.

Charles Wright, William Shaw, and John Hankinson, were
charged with having, on the night of the 22d of Septeniber, en-
tered an inclosure at ltixton-with-Gazebrook armediand fur the
purpose of destroying game. . .
Dr. BROWN conducted the prosecution;. Mr. ADOLPHUS ap-
peared for the defence.
George Wright stated that be was an assistant gamekeeper
to Mr. Wilson Patten. He was out on. the night of the 22d of
November, watching game at Itixton-Glazel4ook. Began the
watch about ten o'clock at night. His notiCemas first attracted
by hearing a dog yelping. The sound came from some land
that they called burrows. Went to the-Big Moss field, and
found five men. Met one man by himsClf at first in the Big
Moss field. That one was Thomas Shaw. William Shaw was
also there. Thomas Shaw had a stick with him. He bad three
other gamekeepers with him. The party in the inclosure
menaced and a fight commenced. Witness told them► that be
Was not going to be driven off the ground by them, as they (the
poachers) were five, and they (the gamekeepers) four. The
former whistled and three others came up. They were all armed
with sticks, and the gamekeepers were driven off.
John Ashton stated that he was out assisting the keepers on
the 22d of November. He found a net hung on a gate in the
Big Moss field. He saw a Marty of men in the field. Wright
and Hankinson were of this party. The men attacked them
with clubs and drove them away. Witness was knocked down
by a blow on the head.
Peter Knight, a gamekeeper, stated. that they found several
nets in the field. He generally corroborated the testimony of
the other-witnesses.
The Jury retired at half-past one o'clock. They returned at
half-past ten, and delivered in a verdict of guilty against Wright
and Hankinson, strongly recommending them to mercy. Shaw
was acquitted.
Wright and Hankinson were sentenced to be imprisoned for.
12 months With hard labour.

PoACHING.

Isaac Wilkinson was indicted for having been found with three
others, out, armed with. guns and in search of game, ill the
township of. Bold, on the night of the llth Nov. 1837.
. •

_ -
On the night in question the gamekeepers of Sir Henry Bold
Houghton heard guns fired in the preserves at Bold, aud went
out•in search of poachers. They encountered four poachers,
one of whom (not in custody) discharged the contents of a
fowling piece into the side of one 'of the keepers. A keeper,
named Clough, struck the prisoner with a cutlass, and cut
through his hat and slightly wounded 11:s head. With the AS.
sistance of the other keepers the prisoner was secured ; huti
Appleton, the man who tired the gun escaped.
'I he Jury found the prisoner guilty.
His Lordship passed sentence of imprisonment for one yoar
with hard labour.

' NISI I'RIUS COURT.—SATuatrix.
(Before Mr. Justice Cot.EniuGlO
CONLIFFE v. pIiNKETH.
The plaintiff in this case is a bui;der, residing at Ilaplock,
and brought the action to recover a balance of £3O fur making
bricks, and worked for the deferidant.
The action was referred.
MANIFOLD AND ANOTHER v. MORRIS.
The plaintiffs in this case are Messrs. Peter and Samuel
Manifold, and the defendant Mr. Wilson. Morris. A Mr.
Henry Riguaaden mortgaged several buildings, one of which
was a public•house, to Mr. Samuel Manifold, for £3,000 And
also executed a second mortgage to Mr. Holden, inclutliog

APRIL 1838.

fixtures and the licence. After these two mortgages had been
granted, Mr. ttigmaiden borrowed money of his brother, giving'
him as security the surplus that would arise on any sale of the,
above property, after paying off the two mortgage. A sale os
the premises took place, Mr. Rignaiden becoming bankrupts
and they were bought by another brother of Mr. Rigmatdett•
The mortgagees were satisfied, and the surplus was paid over
over to Mr. Henry Rigmaiden, which amounted only to £2OO,
he having lent his brother a much larger sum. At the 021°
of the sale the mortgagees doubted whether they had the, right
to sell the fixtures, imagining they belonged to the assignees of
the bankrupt. There was no doubt, it was contended, that the
mortgagees had the right to sell the fixtures, and on their sell-
tug them would depend the surplus which Mr. Henry Rigmaiden
was to receive, and Mr. Henry Rigmaiden, therefore, in the
name of Messrs. Manifold, which he had a right to use, brought
this action against the assignees of Mr. Rigmaiden, the bank-
rupt, fur the value of the fixtures, which the assignees had sold,
and which Messrs. Manifold were entitled to. The case was
gone into, when the plaintiffs broke down, and the plaintiffs
were nonsuited.

-APRIL 3. P%:)8,

. '
tength, with the appar,ut view of proving that tho portinantpan
produced was not -that which •he had with hint.. The letters
*-V K—.D.,appeared on gone end of the portmanteau in brass
11,1118. ' The witness, on his cross:examinatinn, said .he had not
seen those letters on the portmanteau which he carried through
the office, and placed on the top of one of the coaches of the
train'.

Simon Woovendell stated that he was a police-officer in
.Manchester. On Tuesday, the 17th of October, he received
stone information respecting the prisoner, in consequence of
Which he went to Liverpool by the seven. o'clock train next
mortliug. When he g.ot to Liverpool he applied to Mr. Hills-
bury, the superinteudant of the station at Liverpool, who 'de-,
. livered to him the portmanteau produced. Witness took the
portmanteau to Manchester, and. delivered it to Mr. Thomas,
deputy constable of Manchester.
' • James. Sawley, police-officer of Manchester.-,-Apprehended
the prisoner at. the railway station at Manchester; on the 17th of
•' October, at.a little before five o'clock. There was a train on
the point Of starting. The prisoner was jest going from the
. office to the railway. Witness asked him it' had- any luggage,
and he said he had not. Witness took him to Mr. Thomas and
searched him. He found four keys which he handed over to
-Mr Thomas.. The keys were •tried upon the portmanteau on
. the following day, in the Police-office.
Mr, Thomas (deputy constable of Manchester).---Remem-
tiers the prisoner Kinnear being brought to the office, and the
portmanteau als,, on the day following. Delivered the port-
manteau anti papers to Mr. Heelis. One of the keys was tried
and. opened the portmanteau. Found in the portmantean a
plate, a ime.irnpressions (foes the same, and other papers, all of
which were put into a separate box.
Mr. Josiah James Hillshury, superintendent of the Railway
station at Liverpool, stated, that when lugguge arrived at Li-
verpool and was not claiMed, he placed it in a place of safety
till called for. Remembered the portmanteau proved being
:called for.:
, Mr. Hillsbury stritel that he knew the prisoner some, time ago
in London; and-he then went by the name of John Kinnear.
M.,ry Parkinson stated that she kept a lodging-house in
Seymour-street, Liverpool. A Mr. Jones took lodgings from
her iu October last for a friend of his, named Donaldson.
Kinnear came the next day (10th October) with Jones, and he
passed under the name of Donaldson. He had with him a
trunk with brass nails, which was placed by his desire in his
sitting room, and all the rest were placed in his bed-room. The
.trunk was produced and identified. Witness delivered that
trunk to Mr. Whitty on, she thought, the 19th or 20th.
Cross,xamined by the prisoner.—Did not send word to Mr.
Whitty that.she had such a trunk. Ele came biinseif. Ile
-,•Atiiked if a person named. Donaldson staved with her. She said
no; he was out of town, but she expected him home every too-
Pleat, Mr. Whitt. then inquired what. rooms the prisoner oc-
cupied: Told hint the 'Dining-room. He then asked what
belonged to Mr. Donaldson: :He .mentioned who he was,.and'
'$ to said it was high. time that she-should show what belonged to:
`hint and what to • her Self- He:examined every thing; and. said
that the trunk was what he wanted. He called for a hammer or
c.iset.• Sue had not. one, but she furnished' him with a clever,
-and-with that-he opened the trunk. lie examined the papers
that ,were in :.the trunk, closing it' up again and cording and
sealing it. He took it away in a car, in his own possession.
•• :Michael James Whitey,' head constable. of Liverpool, stated
Abet he went to•the house of Mary Parkinson on Thursday, the
!,9th of October. She showed him the•trunk produced, and he
Pi)ened it. and found it contained a number of copper plates,
41auk forms of,bills,. letters, &c. examined them and
re-
turned them into the trunk. -Part of them he afterwards took

gut, and he gave them to Mr. Heelis.-1;wo stamps were
ltanded, to Mr. Whitty. The words in these stamps were,
Por the Flintshire District Banking Company, (blank for the
tlame,) manager." Found these stamps in a cupboard. Mrs.
Parkinson did not point out the things which belonged to the
rlsoner till after he had found them, when she told hirn they
:beouged to a Mr. Donaldson.
• Cross-examined by the prisoner.—Went to 'Mrs. Parkinson
I,orn information which he had received. Hattnot the key of
• the trunk with him, and broke it open. Examined the whole
contents cursorily there. Opened the trunk on the same even-
ing at his own office. Took forth papers and marked them
with his initials. • He delivered those papers to Mr. lleelis.
Mr. Heelis stated that .he was the attorney for this prusecu-
!ion. Saw Mr. Whitty put his seat on the trunk. Has now
olis- safe custody the whole of the papers which he received
iroin Mr. Whitty.
_ _ _

John Frederick: Cobbett stated that the first time he knew
' Xinnear was in October, 1836. Had seen him write, and knew
,hislandwiriting. A draft of a letter, dated 2.3 d May, addressed
In the Kent cud Surry Banking Company, was proved to be in
the handwriting of the prisoner. Another letter, the witness
Said, was else his • band, -disguised.; The signature, (John
Airatkins) to the bill. for £7O was also stated to be his writing.
The body Ad the bill, to the best of his (witness) knowledge, was
written by young Kinnear. A draft of a letter, dated the 9th
September, to the London and Westminster Bank, was also
proved to be his writing. Several other letters, of various dates
ttnd in different Atyli.s of writing, were similarly proved, as was
an itermin an account, "To Jones, for engraving, Ss. Od."
Mr. Swain, engraver, of Manchester. In the month of May,
4837, a person named Jones gave him instructions about en-
graving,a plate. That was the first time he had keen him. It
was to, be is draft plate .for the Flintshire District Banking Cona-
tmaY.' Witness engraved one in pursuance of that direction.
It was lot the Surrey, Kent and Sussex Banking Company.
petweett May and September 800 impressions were struck off
'tom that plate.. (The plate was put into the hands of the wit-
Ile", and identified.) The address was altered by Jones' direc-
tions ou 20th September in the same year. Jones instructed
hint to get an iudursing stamp made. He got two made. These
were the stamps produced by Mr. Whitty. In June engraved
• head-line plate for Mr. Jones to put the date on the top of
..letters. Struck off about 200 copies of this.
Cross-examined by. the Prisoner.—He did this business for
air. Jones: •
Elizabeth Pritchard stated that she let lodgings in the town
-Phut. She knew a man named Jones, who, in the beginning
of last RUM. came with a .
.person called young Donaldson, to
'oek at her lodgings. Afterwards Jones came back with the
prisoner at the bar, who went by the name of Donaldson. They
they were going into the coal trade, and they wanted the
rtrldit t‘ 'air an' office. They Went away the next morning,
~;_e,vino• covers with her to 'give Lo the postman, that the letters
,
ulightlie forwarded._ , • . r- -
fie• (Yrn'Ss-eiainined forwarded.,
the Prisoner.—W.itness is a widow, and
r husband was a schooltwtster. She could not read. writing.
raere were some letters sent, but cannot give any description of
to whom theywete
- •
_ 1. hoittley, postinian:i,l Flint, knew Mrs. Pritchard's
h
at
_se. Remembers letteri Lein addressed to a Mr. Watkins,
Pritchard's, and used to have letters addressed-to Mr.
WatkinS there. . She used to give him covers. He put the
letters into the covers.: The first was directed to Cheltenham
Cottage-the secon.d to the LiVerPOol Postoffice. The name
,on the first he dni not reineurberrthe name on the second was
"Julies.
o Dims not. kiloW an'ybody named Watkins.
"C Th
ross-exaMined bye Prisoner.—CoUld.read writing a little.
The letters were addressed J. Watkins, Flintshire District
ai
'kiPfeCoMpany. The reason why he delivered them at Mrs.
Pritchard's was, because two gentlemen called and told them
'to do so.
Mr. Jackson,, manager of the Manchester and Liverpool Dis-
ticet Banking Coinpany. Knew Kinnear in the Year 18.32.
11' to-seen him write. Witness proved the handwriting of the
prisoner to a bill.
A note or letter was put in in the prisoner'S handwriting,
which stated that "one of his troop',' was apprehended at Bir-
Iningharu, on charges of uttering forged notes on the Sheerness
Bank, and that a similar circumstance had occurred at Man-
chester, but he hoped only a few days delay wank' be the con-
sequence.
A letter, addressed to the Kent, Surrey, and Sussex Banking
Company,Aesiriug to open an account with them in the name
of the Flintshire Banking Company. A letter in reply to the
above was put in, asking more pat ticulars of information, and
Promising to take the same into consideration. the reply to
the latter was read. It made some excuses for not furnishing
the required information. The reply to this again declined the
proposal.
Another letter,' offering
.inducements to the London and
Westininster Batik to open account, and requesting that the
-same might be done, was put in and read. The reply of the
4 bankers stated the mode of doing business proposed by the
pri-
sorter would be perfectly satisfactory. The answer to this,
signed J. Watkins, presumed the business arranged, and gave
orders to'the London and Westminster Bank to Collect certain
bills for theed. •
This was the case for the prosecution.

The prisonei said—As thi; was the first time he ever had, oc-
!casion to address a jury, he hoped they would excuse any it re-
ltularity. They were aware that. he was charged with having
'forged a Rill of Exchange for £7O. and with having afterwards
uttered it; knowing it be forged. To prove tharit was-his hand,
.4/ Mr. Jackson had been called, who had seen hint write twice,
And alNlr.Cohhett, whom he did not cross-examine because be
had some disputes with him in business formerly. The pri-
soner asked the Judge some questions respecting the law on the
subject.
_ _ .

'elie learned JIJDGE stated that if the prisoner proved that he
did not forge the bitl, he might still be convicted fur utterinc'
the hill, knowing the same to be forged:. If, however, he proved
that the bill was not a forgery, there was, of course, an end of
the case.
The prisoner went on to state that many Banks had very
• small beginnings. and it was evident from the teWutony that he
had had an intention of beginning a lank.
At the instance of the prisoner, .Mr. Bit AN DT produced docu.•
ments olowinu• that the pri•:nner had sent money to the amount
of £4OO. or £5OO. to the London and Westminster Bank, to
_meet certain. bills.
„John Jones called, exasesit2ed bv the Prisoner,=—Slated that his
'theme was John Watkins Jones. He h.ol been called John
Jones,—lihn Wa.tkin Jones,--and sometimes John Watkins.
,Hartcarried on business under I henatne of J. Watkins & Co.,
at Great St. Helens,- Bislrpsgabe-street, London. Had done
Osinesss with and for the iprisoiter four or five years. Hid
L'!9.lpyrp ,prisoner .11 years. It was about last June when I
'..nrst.went to Flint. Weut first to inquire after the price of
~roals, -their freight to the Meditetrauean, and also to take an
n,frlee• No business was done in coals. Lived two or three
'nights at Mrs. Pritchard's. Other busiuess was suggested in.
,ceasflquettce of the visit, -and the result was the opening, of a
, 'Bank by Kinnear. Witness tookanoffice from Mrs. Pritchard,
which he told her, was for a temporary Bank Kinnear went
[giver and engaged a bed room for Mr. Jones (witness). This
• :Bank (the parlour of Mrs. Pritchard's house) was in correspond-
epee ATith the .Lendon and Westminster Bank. Witness was
'to thb.Nanager of the Bank. lie (witness) was to have
oue-twentieth shske attd £l5O. per annum Witness ordered
a plate from Mr. Swain of Manchester, and paid hini for the
work. There was'businesito the arnOtint of front £5OO, to £7OO.
done with the London and Westminster Bank, for the Flint-
:Mire BankingeomPanv. The siknatitie‘o the Bill (produced)
.Vas Kinnear's hand writing. He (witnesS),had authorised him
to write that signature. The indorsement was in James Hen-
alerson's band writing, a wool stapler of Bristol.
• - :Cross•examiued by Mr. Be A MDT. —He was Mr. Kinnea.i'S
clerk and an agent. He was called up to the box in the name
of John Jones. His father's name was John*Jones. He was
called, also, John Watkin Jones. Had no other name. His
Master ,Kinnear) had no other names that he knew of but
Donaldson and Roberts. Had never heard him called Roherts
but at. the Star in Manchester. Did not believe there were
Rtty partners iu the Flintsitire bank but Kinnear. he firm of
iliatkiris and Co. was himself and a young man named
7°,""Ftll who was in London. That was not the firm to be
(rawli upon by Loadon and Co., of Edinburgh. Had been
Went,
at Edinburg,h for Mr. Kinnear, but not to open a bank.
went, to take an office to carry on an agency business under t he
title of Loation aryl Co, Mr. Loadon was a young man who
lived: in London. • liad been to Dahlia, also, on Mr. Kinnear's
Recount; to take an office there fur general business. The busi-
ness there was to he conducted by Mrs. and Charlesjoneg and
(-li).---Thomas Jones was 'his brother, and Charles Jones was
Nl4 nel)hvv. They Arise; upon hits) as-Junes on nephew. Was
ant for Mr. Kinnear. as acceptor. .James Henderson is'a
''''"lstaPlPr, and saw him its Manchester. For £l5O per an-
-1.4. to look after sonic coal business in Flintshire.
ave•Nirs. Pritchard the name of. John Jones As that by which.
he was kisnwn. Witness. knows that he is under indiornent as
one of the Sheerness a rol.Qtitenshorottglk ,brink.,and .5150 fora
g.'l"4l)'‘‘PY. Had called at s.et•tain banks in, fslatichesterand
i
•ivext,l; and had giVen his. name John Junes. Can-
t"tint tell whose vrititt,.The hudy of that bill is in. 'Was apore-
'ied• on the 17th O(blabs[;lurras at: the brginniUtt.nf
iuk;et tbat be autlaurtzt:d'hls MOW I.() Sign has ,lam e

Ile-examined by the prisoner. Has discounted a great many
drills in- 'Lancashire —to the ainount of £7OO or £BOO in one
trank. : At • the Manchester and -Liverpool District Banking
Company about £2OO. With • Moss and. Co., from EVW to
£5OOO. All had been reunlarlv paid. Had discounted bills at
the North and South Wales I:ink in Liverpool several times,
and had everYyeason to believe that he had a balance in hand.

Mr. 13a A Nwisaid that Mr. Jones had not produced anything.
hi defence, but had in fact strengthened the case.
The jury-found the prisoner guilty of forging and uttering.
The Court • then proceeded to the trial of the charge against
Kinnear and Jones jointly... •
. Mr. BRA sin said there was another indictment against Kin-
near singly. .titit after the result of the last trial he thought he
need not proceed upon it. With respect to Jones, he had rea-
son to believe..that he was led into the matter by Kinnear. He
was willing to plead guilty to the charge for misdemeanour, and'
in the indictment for felony he should offer no evidence._

Dr. BaowN said he appeared as counsel for Jones, and under
his advice he hid pleaded guilty to the misdemeanour. He un-
derstood he was 69 years of age.
In the case of Kinnear, the JUDGE said he felt perfectly sum
that the prisoner was aware of the consequence of the crime
which he had committed. He thought if it had not been for
the alteration of the law lately these forgeries would never have
been committed. If there ever were a case in which such an
extremity of the law would have been required it was that.
'['here was no sort of extenuation or excuse in the case. It was
one of every kind of contrivance and manoeuvre to cheat and
defraud in every direction. lie felt that he should not be doing
his duty if he did not carry the law into its fullest effect. The
prisoner was sentenced to transportation for life.
The Learned Judge then addressed Jones. At his time of
life he did not feel that it was necessary for him to pass sentence
for more than imprisonment. The prisoner did not present
himself in a favourable light at the bar, for he had no doubt
that much of what he had spoken in the withess box was utterly
false. The prisoner was sentenced to three years' iiiiprisoninent.

CHARGE OF ATTEMPTING TO SST FIRE TO A SHIPPON.
THE QUEEN V. WATKINS.

Dr. BitowN stated the case

The defendant stood charged with a misdemeanour, in having
attempted to 01 fire to the premises of Joseph Holland, at
Huvton, on the 20th of May, 1837. Dr. Brown said the sup-
posed motive.erthe act was as follows :—The prisoner occupied
a cottage near the house.of Mr. Holland. lie and his father
had lived in thiA.eottage for 18 years, without paving any rent.
Suddenly the ,landlord called for the rent and arrears, and it
.
was: supposed that this was done at the suggestion of Mr.
Holland. •

Mr. BnANDT defended the prisoner.
- Margaret Palley stated that she was servant to Mr. Holland.
on the 30th of March last year. Witness went on to state, that
on the 22d Mayiast yeat she was milking, when .she heard Mr.
H 01l a pd.' s• dug hark. • She went to see what was the matter, and
she saw the d6g put sue a matt across the meadow. Subse-
quently,:at -d'latfif hour, she was lmiking from a Window,.when
she sit* a :maiii'standing on a step ladder, which led into a
Dutch-hay 1•41-;6•.verli-shippon. She had previouSlY perceived
a stnell'or lice; She' cried oat and the nian ran away. This
indiVidual shersAid,was the' defendant.. The person whom she
had seen .rtorning 3e-ross the field also was the defendant. She
went up the step ladder and fonad certain combustible mate-
rials burning under the hay; She immediately threw down
these materiatsAitttof the loft into the yard.

Two witnesses were called, v‘ho proved that on
.the night,
and at the hour in question, the defendant was.at his own house.
A number Of respectable persons were called, who gave the
defendant a most excellent Character. •

The Jury said they %redid not trouble his Lordship to sum
up. They were Of opinion that the witness Margaret Dooley,
was mistaken iirber notion, that the defendant was the person
whom she 'had seen on the ladder.

The deTendauTwas acquitted.
The Court adjourued at half-past six o'clock.

NISI PRIUS coma.—MONDAY.
(.Before Mr. Justice. Coleridge.)
SPECIAL JURY CASE.-ORRELL Y. GREENOUGH.
The following gentlemen were sworn on the special jury :-
-. Rieherd Allison,—Foreman.
John Moore, Garston. merchant.
•
John Margerison, merchant.
P. H. Smith, Manchester, merchant.
Thos. Robinson, Liverpool, merchant.
Isaac Holmes,•Kirkdale, merchant.
John Myers, Liverpool, merchant.
Joseph Steele, Toxteth Park.
Joseph Scholefield, jun.
\V J. Tomlinson. . •
Nathaniel Greenhall
And. Gardner Boggs.
Mr. Cresswelli Mt. Cowling, and Mr. Wightman appeared
for the plaintiff, and Mr. Alexander, and Mr. Martin for the
defence. •
The declaration stated that the defendant broke and entered
a close and made cet tail) end ways; and another count stated
that the defendant broke and entered another close called the
" Long,Gate." To this decimation the defendant pleaded to
the first count, that the close was.the freehold of Alice Green-
ough. In the replication this was denied by the plaintiff; and
to the second count the defendant pleaded that he was not
guilty. This was also denied.
The precise question.read in the pleadings related to a very
small slip of land adjoining the Long Gate, as it was called,
near Prescot; awl to the coals lying under that road, and also
a trespass on a part of Parr Muss. The action was brought by
the plaintiff, Mr. Orrell, as Lord of the Manor of Parr, to try
his manorial right to a certain small slip of land which the de-
fendant had inclosed without leave from the plaintiff, or paying
him any acknowledgement for the same; but the principal
question was -to try the defendant's right to obtain coal under
the slip of land which be had thus enclosed, and. without kayo
or acknowledgement. The question in•issue was, the plaintiffs
right to demamtchief tent. .In order to prove this, muniments
and deeds of Mr. On ell, dated so late as 1663, and othermuni-
ments of a; later7.date, were put in to show Mr. Orrell's right
and title to the Parr Moss estate, as lord of the manor; and
other deeds, showing that he had obtained a release from free-
holders who possessed rights of .common. A number of wit-
nesseswere also•examined to prove that they paid chief rent for
the'. right of-2ctittlitg • peat, -enclosing,' building &c. • A game-
keeper,: was ekainitied to prove that •he hail, in the employment
of Mr. Orrell,,, shot over the whole of Parr estate for 38 years.
And witnesses were called to prove that the plaintiff, in order to
try his disputed'right; had•telled a number of trees on the land,
and no one had disputed his right to'do.so. •
• For the defenceit was endeavoured to be proved on the Cross-
examination., that various parties had enclosed and used por-
tions of the land without paying or having,demanded of them
'any acknOwledgeinerit whatever. Agi eat number of witnesses
were called, awl Mr. Alexander did not rise for the defence
until 7 o'clock. It was arranged that the conclusion of the case
should be adjourned until this morning, When the verdict will
be given.

DINNER OT- THE GUARDIANS OF THE WEST

DERBY UNION.

The election of guardians for the several townships in the
Union took place On Thursday last, but the result is not known
as respects those iu which the election was contested. In the
the township of West Derby, Kirkdale, and Great Crosby, the
struggle was expected to be very severe. In the latter place,
the rate-payers • are divided into tvio parties, Protestant and
Papal—and the utmost exertions have been made by both. On
Tuesday last the guardians for the past year, together with se-
veral officers• of the Union, celebrated the termination of their
duties by a dinner at Mr. Stretch's, the Liver Inn, Kirkdale.
Besides the members of the board, many respectable and in-
fluential gentlemen of the neighbourhood honoured the festive
board by their presence, amongst whom were the Rev. Mr.
Wilson, the respected minister of Walton, John Formby, Esq.
MiChael Ashcroft, Esq. and others. A very excellent dinner
was provided by the worthy hostess, and the wines were of a
quality much superior to those usually produced on similar oc-
casions. The chair. Was very ably filled by the talented and
highly respected president of the board, Wm. Winstauley, Esq.
and Cartwright, Esq. officiated as vice-president. Although
the company consisted of gentlemen of all parties and politics,
the most cordial good feeling and perfect unanimity prevailed
during the whole evening, and not a single word or circum-
stance transpired to mar the conviviality of the meeting. Atter
the customary patriotic toasts had. been drank, the worthy
Chairman, in a very appropriate speech, proposed the health of
the Poor Law Commissioners of England and Wales, and in
doing so, bore testimony to the very courteous and resrctful
conduct of .that .influential body in all matters connected with
the West. Derby Union,. and expressed his anxiety to see a full
and fait trial 'made of the merits or demerits of that Act of the
Legisiature which had caused so much difference in opinion in
various „parts of the_ kingdom. viz. the new Poor Laws; and
trusted that the new guardians of • the Union would show the
same desire to carry that law into operation as bad been felt by
themselves. Tee
•Coiperation of Liverpool was also drank, to
which Me. C,iier, as a member of that body, made a very suit-
able acknowleilgemect—and stated his determination to use
every exertion in appropriating the funds of the Corporation to
.their most legitimate purposes, and more especially in lighten-
ing the bUrdens at present imposed on the Inhabitants of the
good old town,by the payment of rates, &c. Several other ex-
cellent speeches were made by Mr. Formby, Mr. Finch, Mr.
and:ML.Parker. The,party separated about 10 o'clock,
after spending a utast agreeable evening.

LIVER TRitiXTita.--This theatre last evening was crowded to
excess, being•for•the benefit of Mr. Lee. His Jingle was as
excellent as ou'rertnel• occasions.

THEATRE Itoiai..—Mr. Power is fulfilling an engagement
at telliS theatre, whieh'has been well attended hitherto. To-night
the petite comedy of " The young Widow" is to be performed,
followed by • " Rory O'More, (Rory O'llfore by Mr. Power,)
and the farce of Ootifonnded Foreigners."
PROVIDENTIAL ESCAPE FROM DEATH.—CAUTION TO Ikl/
RINERS.-011 the evening (tithe 21st ult. the crvw of the Caro-
line, of Swansea,*on retiring for the night, incautiously closed
the hatchway, and left a coke fire burning. At four o'clock in
the morning the steward was induced to descend into the: fore-
castle, when, awful to relate, one of the unfortunate men was
found dead, aud The other two asphyxyated to such a degree us
almost to preclude the poSsihility of recovery. However, after
the lapse of twenty-four hours, during which time they received
every attention tbat either humanity could dictate or profes-
sional skill devise from the gentleman in attendance, surgeon
Smith, of Woodside, we are happy to state, that his persevei ing
efforts were, at last, croWned with success, and that they are
now so well that they will be able to resume tEeir duties in a
few days.

MEETING OF THE RATEPAYERS OF. THE TOWNSHIP OF
KIRK DALE.—On Thursday last the annual meeting of the rate-
payers of this township was held at the Derby Arms. John
Rimmer, Esq.,. in the chair. Mr. M. Ashcroft and Mr. P.
Davies were appointed overseers for the ensuing year; Mr.
Roskell and Mr. Duckworth surv6yor§ of
.the highways, and
Mr. J. Dumhell, assistant surveyor, at salary of £5O; and
Mr. Ashcrtirt and Mr. Duckworth, asse's'sors. Thanks were
then voted to the chairman, and the meeting, which had been
most tumultuous, separated.
•

DENSE FOG.—On Thursday, Friday, and Saturday a very
dense Fog prevailed, particularly in the morning and at night.
On the latter day, about noon, the "darkness might be felt,"
end gas was generally lighted thronghont.the town. 'This state
of the atmosphete continued for about two hours. The fog
seems to have extended to a great distance, and to have been
remarkably dense. at sea. On Thursday, fur instance, the
Postoffice stea►uer between Dublin and Holyhead was obliged,
while crossing the channel, to fire guns as signals of her
"whoreaboutO and only made the harbour of Holyhead ,by
hearing tho noise of the birds on the South Stark ! Ihe mail
steamers between Liverpool and Dublin were prevented, by the
den,ity of the fog, from running, and they were, consequently.
both on Thursday and Friday, many hours beyond their usual
time of arrival. The same cause, doubtless, prevented the in-
ward.bound velsels. from running up channel.

STEAM-sniP"CommonoaE.—This splendid vessel has already
acquired great fame by • the quickness of her passag,es between
Greenock and. Liverpool. She has now been in work a month,
during which tioid she'has perforated such feats in speed as, we
were lever
.aCcomplished by any other vessel. The.
passage, on Wednesday, was made in' Seventeen hoUtS: Iler
shortest ioyage•bas been Made in an hour less{