The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1853-03-29 00:00:00

THE LTVERPOOL STANDARD, TUESDAY, MARCH 29, 1853.

your account, and show U 3 your voucher." Now,
the j.iry woieti be s:lru.i,ed to hear that for a great
length of time Mr. Bx'v, ooe of the plaintiffs, re-
peatedly caled at the offi,:e of the tle!entianti in Man-
chester, arid he could not get an aveoutit from the defend-
-nets, and consequently he was utiaide to a=c-riain whether
the defendants were entitled to retain all tile money. The
matter was at length placed in thehands of certain attorneys
in Manchester. Letters were written to the defendants
by these attorneys, but to none of these letters did the
defendants make any reply. At length, Mr. Bury had a
last interview with the defendant, Mr. Fisher, jun., and
during that interview, Mr. Fisher snapped his fingers in
Mr. Bury's face, which, of course, put an end to all fur-
ther negociation. He (Mr. Knowles) should be obliged to
call one of the defendants into-the box, in order to prove
that they had received a certain amount, and he believed
that amount would turn out to be from £BOO to £909. No
set-off was named, but he was willing to allow £3OO, and
he would also allow any fair and reasonable amount of
expenses to which the defendants might have been put.
He presumed he must be entitled to a verdict for the
plaintiffs, as there was no plea of set-off on the record.
Mr. Bury called.—l am now living in Sheffield. Up to
1851,1 was in partnership at Liverpool, as an ironfounder,
with Mr. Kennedy. In the year 1831 we agreed to dis-
solve partnership, and employed the defendants to sell the
stock by auction. We agreed to give them £3OO, and a
further allowance for men and expenses of advertisements.
The sale took place on the 7th of August, in 1851. There
was a small sale afterwards, and I asked Mr. Fisher-if the
£3OO we l'ad agreed to give him was to include commis-
sion for that sale, and he said it was.
Cross-examined by Mr. Hill, Q.C.—I believe the first
sale occupied 35 days, and the second three days. We did
not agree to give the defendants' man ss. a day, and 3s. 6d.
expenses. for lotting. We agreed to give him 6s. a day.
Mr. Fisher, jun., examined by Mr. Knowles.-1 am
one of the defendants. We were authorised by the plain-
tiffs to receive the money for goods sold to people at
Manchester. We received the sum of £839 18s. 2d.

By Mr. Hill.—Oat of the £839 I paid my travelling
expenses, amounting to £34 ; I also paid £lO to the man
for lotting the goods. He was employed at the plaintiffs'
sale from April -5
to November 30. His usual wages were
£2 Bs. per week, but he was paid on this occasion at the
rate of £2 ss. We advertised the sale in the Liverpool
and Manchester newspapers, and also in several other
newspapers in England, Ireland, and Scotland. When I
called upon Mr. Bury at Liverpool, I did not snap my
fingers in his face. Mr. Bury was very offensive to me.
He asked me why I had come to see him, and said he
did not know that there was such a person. I then said
to him that the best thing I could do would be to take up
my hat and walk out.
Mr. Kennedy examined.—l was present when the
bargain was made with the defendants. The agreement
was that the defendants were to have £3OO, and, in
addition, the expenses for catalogues, advertising, and
the defendants' man for rotting.
Mr. HILL, Q.C., then addressed the jury for the
defendants, altogether impugning the case as made out
on behalf of the plaintiffs. He said that Mr. Fisher
would be put into the box, and he would prove that the
defendants were to be paid all their expenses, in addition
to a fixed sum which was agreed upon ; and when they
considered that the catalogue of the sale occupied 251
pages, that there were 5811 lots, and that the sale
actually occupied 34 selling days, and that after the sale
considerable time was occupied in delivering the lots, it
would be for the jury to say, after they had heard the
different witnesses whom he should call, what the real
bargain was between the plaintiffs and the defendants. It
would be proved that the £l9O paid into court, by the
defendants, was more than the sum which they were
called upon to pay.
Mr. Thomas Makin Fisher, the senior defendant, ex-
amined.—ln consequence of a letter I received from the
plaintiffs, I went over to Liverpool. I saw Mr. Kennedy.
He asked me what my charge was for selling. 1 said 24
per cent. Mr. Kennedy then said, "This will be a large
sale, and we had thought of paying you £lO a day, but I
cannot say anything until I see Mr. Bury. I afterwards
went to Liverpool again, and saw Mr. Bury. We then
agreed upon terms. I said the sum named to me by Mr.
Kennedy would be perfectly satisfactory to us, together
with all expenses.
By the Judge.—There was nothing said about £3OO at
the time the agreement was made. I heard nothing about
that sum until after the sale was over.

By Mr. Monk.—l was personally employed in the sale
sixty days. We were altogether employed 92 days in the
sale ! Mr. Sowler, of Manchester, printed the catalogues
and posting bills. I considered his charges. were rea-
sonable.

Cross-examined by Mr. Knowles.—No sum besides
£lO a day and all expenses was ever named when the bar-
gain was made.
Mr. Thomas Sowler, examined by Mr. Hill.—l am the
proprietor of the Manchester Courier. I also act as
agent for inserting advertisements in other newspapers.
The advertisement for this sale was inserted in thirty-
two newspapers. Altogether the defendants paid me
£163 ISs 6d, for catalogues, posting-bills, and advertise-
ments inserted in the different newspapers.
Other witnesses proved different payments made by the
defendants for expenses incurred in the course of the sale ;
and the defendants themselves deposed to their travelling
and other personal expenses, which they said amounted
to £lO5.

Mr. Knowles replied, on the part of the plaintiff, and
the learned judge having summed up,
The Jury, after a few moments' deliberation, returned
a verdict for the plaintiffs. Damages £94 19s 11d. This
was ;n addition to the £l9O paid into court by the defen-
dants.

CHESHIRE AND WALES.

CHESTER AND HOLYHEAD RAlLWAY.—Traffic for the
week ended 20th March, 1853 :—Railway : Passengers,
parcels, &c., £1,886 4s. 5d.; goods: £1,076 9s. 2d.--
Steamboats : Passengers, parcels, &c., £232 2s. 9d.;
total, £3,194 16s. 4d. Increase as compared with the
corresponding week last year, £709 33. 3d.
THE ROYAL CHESHIRE MILITIA.—ThiS regiment, 800
strong, assembled at Chester on the 23d of February for
their 21 days' training, and were dismissed on tlse 15th
inst. During this short period the progress the men
made and the general efficiency they attained gained for
them universal praise. At the end of 10 days the whole
body were thoroughly armed, equipped, and accoutred.
There being no barrack accommodation the whole 800
men were in billets, and it speaks well for their general
orderly behaviour that during the entire three weeks no
case was brought under the jurisdiction of the city magis-
trates. The regiment will be completed without delay to
1,000.
INTERESTING DISCOVERY BY Two LADIES AT BIR-
KENHEAD. —A CRUEL Monica..—On Tuesday last, the
body of a male infant, about four days old, was discovered
at Claughton Firs, by two ladies who happened to be
passing near the spot. The " little stranger" was taken
to the Shrewsbury Arms, by Matthews, the township con-
stable of Oxton, where, by the judicious attention of Miss
More, it was, though nearly dead from exposure, soon re-
stored to a state of convalescence. The child is now under
the care of the Birkenhead overseers, who are endeavour.
ing to find out the unnatural mother, whose name, we
understand, is Catherine Boardman.
CLAUGHTON ANNUAL MEETING.—The annual meet-
ing of the ratepayers was held at the Claughton Hotel, on
Tuesday, the 22d instant, Mr. Highton in the chair ; it
was resolved to nominate the following persons as fit and
proper to serve the office of overseers for the ensuing
year, viz. :—Mr. James Highton, Mr. John Hartley Hind,
Mr. Thomas M. Blythe, Mr. Charles Henry Webb. Mr.
Henry Kelsall Aspinall, Mr. Charles Verelst, Mr. Henry
Cox, and Mr. Percival. A long discussion took place re-
garding the land tax, and the desirableness of having the
same redeemed, when a committee, consisting of William
Jackson, Esq., M.P., Mr. Thomas Blackburn, Mr. John
Hartley Hind, Mr. George Rae, Mr. Henry Bell, Mr.
James Highton, and Mr. Charles Verelst, was named with
the view of making arrangements with the commissioners
of Birkenhead and other land proprietors, to have the tax
redeemed.. A complimentary vote was passed on the new
assistant overseer, Mr. William Scott.
CHESTER LENT ASSIZES.—The judges will arrive at
Chester on Saturday next, the 2nd April, and business
will commence in the Crown and Nisi Prius Courts on
Monday,the 4th. The following appointments have been
made by the High Sheriff. Under-Sheriff:—Richard
Barker, of Chester, Esq. Acting Under- Sherif :—John
Hostage, of Chester, E.g. The following is a statement
of the number of prisoners who, lip to the present time,
have been committed to Chester Castle for trial at the
assizes. The calendar contains the names of 87 prisoners
charged with the following crimes :—Arson, 2 ; bigamy,
2; burglary, 19; cattle stealing, 1 ; concealing birth, 1 ;
conspiracy 2 ; cutting and maiming, 13 ; embezzlement,
2; forgery, 1' • housebreaking, •15 • manslaughter, 4 ;
murder, 9; night poaching, 2; rape, robbery, 6; unna-
tural crime, 1; returning from transportation, 1; stealing
money from a letter, 1; escaping from Chester Castle, 1.

SPORTING INTELLIGENCE.

TATTERSALL'S.-TH URSDAY.

Llanfortla and Lampedo opened at 1000 to 30 each for the
Northamptonshire Handicap, but at the close were backed at
25 to 1 each to about £5O, the layers ready to go on.—Business
was dull on the Metropolitan Handicap, and an improvement
in Contentment, and a strong disposition to back Snowdon
Dunhill, the only features. Lampedo's price did not transpire.

NORTHAMPTONSHIRE HANDICAP.
7to 2 agst Mr. T. Parr's Defiance.
6to 1 Lord Derby's Hobby Horse—taken. aft. off.

25 to 1 Mr. Eglinton's Llanforda—taken, aft. off.
25 to 1 Mr. Cowley's Lampedo—taken, aft. off.
ALTHORP PARK. STAKES.
3 to 1 agst Captain Lane's Epaminondas.
4to 1 Mr. Payne's :!pinaway.
METROPOLITAN HANDICAP.
11 to 2 agst Mr. T. Parr's Contentment—taken, aft. off.
Bto 1 Mr. Kimberley's Snowdon Dunhill—taken.

13 to 1 Mr. C. Peck's Richmond—taken.
100 to 6 Lord John Scott's Pug Orrock—taken.
20 to 1 Mr. Farrance's Terpsichore—taken.
20 to 1 Mr. Copeland's Candlewick—take 25 to I.
1000 to 10 Mr. Payne's Hirsuta.

CHESTER CUP.
25 to 1 ngst Mr. Greville's searecrow—taken, aft, off.
TWO THOUSAND GUINEAS.

7 to 2 asst Duke of Bedford's Sittiugbourne—tk. to £2OO,

THE DERBY.

9to I agst Mr. Bowes's West Australian—taken to £lOO.
12 to I Baron Rothschild's Orestes—taken.
12 to 1 Mr. Powney's Cineas—take 13 to 1.
15 to 1 Mr. Surtees ns. Honeywood—take 16 to 1.
16 to 1 Lord J. Scott's The Reiver—tk. to £2OO, aft. off.
17 to 1 —• Duke of Richmond's Pharos—taken, aft. off.
IS to I Captain Lane's Ninnybammer—taken, aft. off.
30 to 1 Mr. J. Oliver's Ethelbert—taken to 4150.

far as regards J. Chadwick—Barry and Murray, Liverpool,
architects—J. and T. Crossley, Bury, Lancashire, joiners.
CattTIFICATE.—ApiI 12, J. Langdale, Liverpool, laceman.

Friday, March 25, 1853.
Henry:Butt, Mortimer-street, Cavendish-square, linendraper.
Mary Alive Downes, Norwich and Spalding, draper.
William Martin, Colchester, tailor.
Donald' Sinclair, Bath-place, Peckham, apothecary.
George Kennet, Duke-street, Westminster, railwaycontractor
Henry Fisher, Nottingham, tailor.
Thomas Hamblet, George Warren, and Nathaniel William
Dobeson,.Brotherton,Norkshire, glass manufacturers.
Robert l.iddel I, Doncaster, saddler.
Rebecca Allen, Alfreton, Derbyshire, innkeeper.

PARTNERSHIPS DISSOLVED.-J. Laycock, and J. Hessay,
Manchester,. grocers—J. Dernelley and Co., Stockport, heald
manufacturers—J. J., and T. Mellor, Liverpool, rectifiers : as
far as regards T: Mellor—T. A. Jenkinson and J. Whetston,
Liverpool, general brokers—J. Munro and Sons, Liverpool,
ironfounders.

DIVIDENDS.—April 19, J. Holliwell and G. Highfield, Liver-
pool, merchants—April 15, A. Smith and T. Irvine, Liverpool,
merchants—April 5, A. Chadwick, Rochdale, and Fair View,
near Littleborough, Lanca -hire, cotton-spinner.
PAYMENT OF Divinimns.—J. Robinson, Shavington-cum-
Gresty, Cheshire, cheesefactor—second div. of 40.—G. and S.
Pim, Liverpool, merchants—second div. of 13d., on Monday,
April 4, or any subsequent Monday, at Mr. Bird's, Liverpool.
—J. Cuff, Manchester, hotel-keeper—secoud div. of W., on
Tuesday, April 12, or any subsequent Tuesday, at Mr. Fraser's,
Manchester—W. tlyrons, H. Taylor, and T. Byrom, Manches-
ter. and elsewhere. coal proprietors—first div. of id.: and on
the separate estate of T. Byrom, a further div. of Bd., and those
creditors who have proved since the first div. was declared, a
first div. of 3s. 9d.—J. Steele, Spotland-bridge, near Rochdale,
brewer—first div. of 4s. 3d.—W. Longson, Heaton Norris,
Lancashire, joiner—first div. of Is. '41., on Tuesday, April 12;
or any subsequent Tuesday, at Mr. Lee's, Manchester—W.
Gadshy, jun., Cheetham, Manchester, joiner—second div. of
7d., on Tuesday, April 5, or any subsequent Tuesday, at Mr.
Pott's, Manchester.

March MEETINGS IN BANKRUPTCY. Hour.
31, John Simpson Lealce (audit) District Court, 11
31, Thomas Frodsham (audit) Ditto, 11
31, John and James Aspinall (audit)
April 1, William Briddon (proof and div.)

MARKETS.

561bs. per hel,hel, whilst 55Ibs. sold readily at 32s per quarter ;
south country meets a slow sale at our esotations. No altera-
tion in the value of Malt. Oats were in request, at fully the
rates cf last week. Flour held more Emily, but still higher
prices.are not obtainable.

WAKEFIELD, NlAttcif 24.—The arrivala.are less than of
late, and we have not the usual attendance. There is a fair sale
for Wheat at the prices of last Friday. Barley of good quality
is quite as dear. Beans sell in retail at rather • worse prices.
Oats the turn dearer.

WISBECH, MARCH 26.—There has. been a fair show of.
Wheat here to-day. We have a steady trade, and the extreme
rates of.last week are freely given for all kinds. Beans and
Oats unaltered in value.

CORK, MARCH 26.—Flour has a good consumptive demand,
at the late reductions. Foreign Wheats:are in slow request;.
the sales made are at terms in favour of buyers. Indian Corn
meets more inquiry ; best samples support full rates, while the
stock. of secondary Corn being very. large, holders accepted
lower terms to effect sales.

DUBLIN, MAncn 24.—T0-morrow being Good Friday, our
market was held to-day, which being out of-the usual course,
was very thinly attended, and we have no alteration to report
in.the currencies of Tuesday for any article.

White Wheat.. 26s Od to 30s 0,1 1 Rapeseed 2ls Od t0.23s Od
Red d 0.... 25s Od to 28s Od I Oatmeal I ls OA to 123 Od
Barley 12s 6d to 16s 3d Bakers' Flour. 14s 6d to 18s Od
Here Os Od to Os Od Indian Corn,
Oats 9s 6d to Ils Od per 48016.. 31s ed to 33s 6d

SHIPPING.