The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-04-10 00:00:00

THE MILITARY OUTRAGE AT WIGAN.

Henry Sydney Plunkett, Henry Cash, and John Bergen,
appeared before the court, charged by indictment with having,
on the 11th March, at Wigan, assaulted one Henry Farn-
worth, a sheriff's officer, whilst in the discharge of his duty.
Mr. DENMAN opened the pleadings.
Mr. BRANDT stated the case, which he said he lamented
he had to lay before them. A writ had been issued against
Mr. Adolphus Frazer, an officer of the 96th foot, at the suit
of a person named Stubbs. It was entrusted to a person
named Farnworth, and he proceeded to Wigan, and made en-
quiry for Mr. Frazer. A female showed him a person whom
she believed to be him, and he went up to him and said to
him, " How do you do sir ? " And after a little while, not
wishing to expose the party he took him for, he informed
him that he had a writ against him. On hearing this, the
individual addressed, and who was not Mr. Frazer but Mr.
Edward Sidney Plunkett, commonly called the Hon. Sidney
Plunkett, remarked, " Oh, it's that Lancaster business,"
thus misleading the officer, and personating the individual
whom it was the object to apprehend. He afterwards found
that he was not the man. Mr. Frazer was afterwards taken,
but was rescued by the defendants and others. The subse-
quent conduct of the defendants was highly reprehensible,
as will be found by the evidence :
Henry Farnworth sworn—l am a sheriff's officer. I re-
ceived a warrant against Mr. Adolphus Frazer, and executed
it on the 11th March. I went to the Three Crowns. I saw
a gentleman in a shoemaker's shop whom I understood to be
Mr. Frazer. I said, " How do you do, Mr. Frazer."—" He
said, " Very well." After a short time, I asked him to go
to the door. When he came out I told him I had an
execution against him. I told him 1 did not wish Ito ex-
pose him, and asked him to go into the Three Crowns,
which he did. I there showed him the writ. (The writ
issued at the instance of James Skerritt Stubbs, for a debt
of 451.35. Od., and costs £lO. ls. 5d.) I recommended him
to settle it, as no one knew of it but himself and Lae. He
said he would not, and would be obliged to go to Lancaster.
I sent for two friends, Swarbrick and Lamb. Mr. Plunkett
lay down on the table. He answered me several times when
I addressed him as Mr. Frazer. He attempted to escape.
He became turbulent. I heard 1 had got the wrong man,
and went to the door to ascertain from some one if it was so.
Wm. Strickland came, and he (defendant) hid his face with
his handkerchief. He was addressed by the defendant Cash,
who addressed him as Frazer. The landlady wished to light
the gas, but Plunkett laid hold of the suspendor, and pre-
vented her. Mr. Burgoyne came and called him a monkey
for striking his wife. Cash was then in the room. He said
he could not allow such names to be applied to his friends,
and lifted up his stick to strike him, but a policeman pre.
vented him. Mr. Plunkett then sent Cash to the barracks
for his top coat. When it was near six o'clock, I told Mr.
Plunkett to prepare for the train, and he said " You've got the
wrong man." I said " I am sorry for that," and 1 then
sent for Strickland. I saw Mr. Frazer at twenty minutes
to seven ; he was coining down Standish-street, and was
nearly opposite the Three Crowns. I took him into cus-
tody and into the same room where Plunkett and Cash were.
I told Mr. Plunkett I bad detained him for a long time. I
said I am sorry for having detained you so long, but its all
your own fault, for you've deceived me all the afternoon.
Mr. Plunkett said I should be made to pay for that : he
would have a new waistcoat. Plunkett took off his top coat
and gave it to Fraxer, and said he'd send for Frazer 's top
coat. I w'shed Frazer to settle it then. Mr. Bennett and
Mr. Pendergast, Mr. Lamb, Mr. Swarbick and two police
officers were then present. Pendergast went to a corner of
the room and beckoned to Mr. Frazer. They were shortly
afterwards joined by Mr. Bennett and Mr. Cash. A mes-
sage then came to the door, to the effect that Mr. Cash was
wanted. Mr. Frazer ordered glasses of brandy. In about
three minutes from thirty to forty soldiers came in making a
noise, and crying " where is he? where is he ?" I ran to
the corner of the room to Frazer, and said to him.
" Now, if you are a gentleman, you will not attempt
to escape, (said the witness.) Mr. Plunkett, got hold
of my coat, and endeavoured to release my hand.
The soldiers got on the table and broke it. I still held Mr.
Frazer, and was dragged across the room with him. His
coat tore, and he got away. The soldiers called out—" We've
got him, we've got him." They went out, leaving Smith,
Whittle, of the police, Mr. Plunkett, and myself. Some of
the soldiers afterwards returned. Whittle ordered them
away ; but they did not go. When Mr. Plunkett told them
a second time they went. I went to the barracks, and was
refused admittance. I went again with Mr. Whittle, and
was told the officers in command was not there. I asked for
the next, and saw Mr. Cash. 1 asked for Frazer to be given
up, or the debt and costs paid. Pendergast and Bennett were
there, and one said, I'd better be ricking my body out, or I
should come to some harm.
Cross-examined by Mr. MURPHY.—Burgoyne was sober
when he spoke to Mr. Plunkett. The conduct of Bur-
goyne to Plunkett was civil until the latter insulted his
wife. Burgoyne called him a monkey and a puppy
for insulting his wife. Burgoyne addressed him us
Frazer, thinking it was him. He said he would have him
himself soon, for a debt for breaking a gig lent to him.
Plunkett had pulled down the bell rope. Mr. Cash appeared
to walk lame at the time. He carried a very thick stick.
Persons at the barrack
gate might have seen Frazer (Plun-
kett) and me, but could not tell it was an arrest. I did not
lay my hand upon his shoulder, nor did I serve the writ in
the street. Three minutes elapsed from the time Cash left
the house and the coming of the soldiers. The officers pre-
sent in the room while the soldiers were there, were Mr.
Plunkett and Mr. Frazer. I swear it was Mr. Cash, and
not Mr. Pendergast, who said " I am no lawyer."
By Mr. WILKINS.—Mr. Plunkett was in my custody from

half-past four to seven o'clock. Before going to the Three
Crowns I had seen Mr. Fouracre, but did not speak to him.
Burgoyne said, between five and six o'clock, referring to
Plunkett, " That's Fraser ; I know him." He made several
attempts to open the window, but I thought that was in fun.
He twice attempted to get out at the door. Handcuffs were
produced by me at a few minutes past five. Mrs. Burgoyne
said to Mr. Plunkett, ":you're no gentleman, to lie on the
table, when there were chairs in the room." Mr. Burgoyne
said to Plunkett, " I"Il fight you a duel with either swords

or pistols ;" but that was-Nclien Plunkett was standing in -a
fighting position. Plunkett said, " Bring pistols for two,
and coffee for one, and I'll take the coffee."
Re-examined.—Mr. Plunkett never behaved well from the
first time he went into the inn. He was very rough, and
struck me several times on the breast with his fist. It was
for that reason that I showed the handcuffs. He held out
his hands at one time to get them on, and I then said, " No,
I should be very sorry. Mr. Plunkett kicked Mrs. Bur-
goyne with his foot or knee. After Fouracre told me I had
got the wrong man, Plunkett said, " I am Adolphus Frazer,
and what of that?"

Mrs. Burgoyne, of the Three Crowns said :—I remember
Mr. Plunkett as Mr. Frazer. He was addressed as Frazer,
and did not object to the name. I saw Mr. Plunkett hit
Mr. Farnworth on the breast, in the lobby. Farnworth
called my husband, and asked him if that was Mr. Frazer,
and he said yes. Plunkett then said yes, yes, I know lam
Adolphus Frazer. I went to light the gas in ie room. Mr.
Plunkett took hold of the pendant to prevent me. He had a
handkerchief to his face, and I touched it slightly to make
him desist. He then kicked me in the stomach with his
knee. He called me many bad names. My husband came,
and I told him ; and he called Mr. Plunkett a puppy. Cash
said, " You'll provoke my friend to strike you," and he lifted
his stick to strike my husband. My husband then took up
the poker. We thought all along it was Mr. Frazer. Mr.
Frazer was afterwards brought in. Glasses of brandy and
water were ordered for the company. Mr. Cash went out
past me. He was out about three to five minutes. The
soldiers came. Some had sticks. They cried, " Where is
he ?" They were going to take the poker, but were pre-
vented.

Cross-examined by Mr. Murphy.—My husband had been
to bed, and got up at two o'clock, He was neither drunk
nor sober. He had drunk about a shilling's worth of
whiskey. There was a gig of my husband's lent to Mr.
Frazer, and it was broken. My husband wanted £27 for the
damage done to the gig and harness, or rather for the value of
the gig. £ll was recovered for the damage only.
Cross-examined by Mr. WILKINs.—My husband had not
been out of bed that day till ten o'clock. He is not drunk
every day in the week. Mr. Barlow, shoemaker, said that if
it was Frazer it was not Augustus Frazer, but might be a
brother of his. He also said that the boots ordered by him
were booked to Adolphus Frazer. My husband called him
a d—d puppy, for abusing me. I might have said, - you are
no gentleman to lie on the table.
Thomas Lamb, auctioneer.—Was at the Three Crowns.
Several persons were there, including Mr. Plunkett. The
soldiers came with a tremendous rush. A police-officer,
named Heath, jumped out of the window, and I followed
him. Mr. Plunkett afterwards said to Farnworth, in the
lobby, " You are wrong, and I'll make you pay for it."
Re-examined.—At that time the landlord was sent for,
when he said it was Adolphus Frazer, he said scornfully,
" I am Adolphus Frazer.'
John Smith, a police-officer, was standing at the entrance
of the door while Plunkett was there. Mr. Cash came, and
said there was a friend of his within, and he wanted to see
him. He passed in. Witness saw Mr. Plunkett kick Mrs.
Burgoyne with his knee. Mr. Burgoyne came in and called
Plunkett a monkey and a puppy. Cash was about to strike
the landlord ; but witness went between them and pre-
vented a blow. I heard the officer whispering. Some
person, apparently an officer's servant, knocked at the door,
and Mr. Cash went out. In a few minutes the soldiers
came, some of them with sticks, and one with what appeared
to be a poker. The soldiers pulled Frazer away, while
Plunkett held Farnworth with both hands round the waist.
Mr. M`Neilly, a magistrate, and Mr. Whittle, constable,
came, and ordered the soldiers away, but they refused. Mr.
Plunkett afterwards said something to them, and they at
last went.

Cross-examined by Mr. Wilkins.—Plunkett might have
put his hands round Farnworth to protect him.
Re-examined.—Mr. Plunkett neither gave nod nor wink
to prevent the soldiers from acting as they did. When Mr.
Plunkett kicked Mrs. Burgoyne, he was standing up, not
lying on the tabie.
William Heath, apolice-officer, said I was subpoenaed by
the defendants' attorney. I was sent to' the barracks to ask
for the commanding officer, to request him to come over to
the inn to see if it was Mr. 'Frazer. I went, and on the
stair was overtaken by Mr. Cash,'who asked me what I was
doing there, and if I was a robber. I told him the com-
manding officer had sent for me. He told the sergeant to
keep me down, and not stir another step. I went down and
a servant came to me, and said the 'commanding officer was
not in. I told him he must be in, for he had sent for me.
Cross-examined by Mr. MURPHY.—I had desired the
sergeant to inquire if the commanding officer was in, and he
returned, saying he was.
Cross-examined by Mr. WILKINe.Mrs. Burgoyne had
said to Mr. Plunkett that he wastvery mannerly. He said,
" Very mannerly," and she said, "I. res,-,.,as much manners
as a pig." I never heard Mr. Plunkett :Balled Frazer, and
Farnworth said, under these circumstances he could not let
him go. Mr. Farnworth asked him, "Is your name Fra-
zer, or is it not ?" and he said, " Let me go-"
The JUDGE.—Are you sure he kicked at the woman ?
Witness.—He did, my lord, with the left foot.
The JUDGE.—A gentleman kick at a woman !
Cross-examination resumed.—Shortly afterwards she came
in again to light the gas. He had hold of the gas suspender
with one hand, and coveted the other with his handkerchief.
He kicked her with his left foot. Mr. 'Cash was not in at
the time of the kick. Cash got hold of Burgoyne.
This was all the evidence to- be offered to-day, and the
court adjourned till nine o'clock this morning.
[lf the trial closes in time, we shall publish the result in a
second edition.]

NISI PRIUS COURT-YESTERDAY.
PHILLIPS ?). BOLTON.

This was an action of trespass. Mr. Alexander and Mr.
Martin appeared for the plaintiff, and Mr. Cresswell, Mr.
Wightman, and Mr. Crompton for the defendant.
The plaintiff complained of the defendant having committed
a trespass upon his land, in Maghull, by breaking and enter-
ing a close, and damaging the gates and locks, and treading
down the grass. The defendant did not deny the trespass,
but said he had a right to break clown the gate, because it
stood across a road which he had a right to use. In his first
plea he said lie had enjoyed this right twenty years, and in
his second plea that he had enjoyed it forty years. To the
first plea the plaintiff replied, that there was no legal founda-
tion for the right, and to the second, that the alleged right
had not been enjoyed without interruption.
A number of witnesses were called on both sides, but the
question at issue having no public interest, it is unnecessary
to detail the evidence.

The jury returned a verdict for the defendant.
• NUEL V. SMITH.
Mr. Alexander and Mr. Wightman appeared for the plain-
tiff, and Mr. Cresswell and Mr. Crompton for thedeferidant.
Mr. WIGHTMAN opened the case, and said the plaintiff
was Samuel Nuel, and the defendant William Smith, chair-
man of the Liverpool Marine Insurance Company. The
action was brought to recover the value of three boxes of
cutlery, insured by the plaintiff with the defendant, and
which had been lost by the perils of the sea. To this the
defendant had replied, that the plaintiff was not interested
in them, and that he had given a fraudulent acconnt of the
value.

Mr. ALEXANDER stated the case. The plaintiff was a
member of the Jewish persuasion, in Liverpool, and carried
on the business of a dealer in gold, silver, and plated articles.
He went about from one fair and market to another, buying
and selling goods, and he was the depository of his own pos-
sessions. This cutlery was the result of a life of labour as a
pen-cutter, and he proposed to sell it in foreign markets ;
but having lost it, he was now without a single penny of that
which he had collected. The circumstances of the case had
been fully laid before the consideration of the defendants :
they had, therefore, in their power the means of investigating
every part of the case. They had, however, applied to a
court of equity, in order to prevent his proceeding with this
action. In his answer, the plaintiff stated upon oath that he
had laid before the defendants the whole circumstances ; and
having this information, it was a pity they should not feel
satisfied that this property was on board the vessel which had
been lost, instead of charging him with fraud and dishonesty.
Mr. CRESSWELL.—I will allow my friend to give his
client's answer in evidence.

Mr. ALEXANDER was glad of that, and would see at what
part of the case it could be introduced. The plaintiff had
formed a communication with a foreign correspondent, to
dispose of the property in foreign markets.. He determined
to send them to the continent, and also to insure them. The
boxes in question consisted of all he had collected at one fair
and another, and upon which he had fixed his hopes of profit
by foreign sale. The defendant represented the Insurance
Company. An application was made to them, in the early
part of November, for au insurance upon the property. The,
plaintiff stated the value as being £450. The clerk told him
to call again, and in the meantime inquiries should be made
as to the premium. He called the next day, and a premium
of 50s. per cent. was charged, which upon the amount insured
was £ll or £l2. He paid that amount, and the goods were
properly passed through the custom-house, and every docu-
ment would be produced. The vessel sailed on the 11th
November. It was the Rosalie, to Bruges. The ship was
lost off Holyhead upon the 11th. The crew were saved,
but every thing on board was lost. The plaintiff accord-
ingly applied to the commissioners, to have the matter
arranged, and they asked him for his invoices. He ex-
plained why he could not produce them—that he had brought
them from different dealers, and paid for them in ready
money. He shewed them the policy, the bill of lading, and
all the different documents, but still they were not satisfied.
Unable to obtain satisfaction, the plaintiff brought an action
on the 16th January this year ' • proceedings in chancery were
instituted by the defendants, the effect of which was that the
plaintiff was scarcely in time for trial before a jury here.
The learned counsel then detailed the substance of the evi-
dence he should produce, and then called—
Mr. Arnold Reynold, a clerk in the house of Messrs.
Bahr,Behrend, and Co., brokers, to whom the ship Rosalie
was consigned, proved that she sailed in November last far
Ostend and Bruges. He produced the bill of lading, and the
ship's manifest, in which were enumerated the three boxes
of cutlery. They were delivered to the captain of the vessel.
In his doss-examination the witness said the bill of lading
was not signed in the office, and that, although sometimes
done, was not according to the usual course of business.
Re-examined.—Trifling goods, such as small cases, some-
times did not pass through the office, but went direct to the
captain. The captain usually got the freight of them.
Mr. Edward David Jones, a custom-house agent, said
that on the 9th November last he passed an entry fur the
plaintiff for three boxes of cutlery, value Zl5O. The captain
of the Rosalie was with the plaintiff at the time, and requested
immediate despatch, as the goods were on board. Witness
gave him immediate despatch, and paid the export duty, and
the dock and town dues upon the boxes. The plaintiff paid
him the amounts immediately. Had known the plaintiff se-
veral years, and had on former occasions passed goods for
him, and been paid the charges for them.
Cross-examined.—There would of course be entries at the
custom-house of any goods shipped by him.
John Richardson Parr, a clerk in the searcher's office,
produced a searcher's shipping bill of the 9th November, of
the goods having been shipped. The initials were P.A.,
those of Peter Allen. The export duty, and the dock and
town dues were paid. These boxes were regularly passed
through the custom-house.
Cross-examined.—These certificates may be signed without
the officer seeing the goods. It is impossible for them to see
everything.
Re-examined.—lf there is any reason for suspicion the
goods are always searched.
.Mr. Arnaud, collector of customs in Liverpool, proved his
signature to a declaration of " content," by the captain of
the Rosalie as to these goods.
Mr. CRESSWELL said, that this was not evidence of the
goods having been actually shipped.
The JUDGE held that evidence of that fact must be pro-
duced. If the captain were dead, his evidence must' be
taken.

Mr. ALEXANDER said he was abroad.
Richard Ashton was then called, and said he was a com-
mission agent in Liverpool. In November last, the plaintiff
applied to him on the subject at his insurance, and witness
recommended him to the defendants office. Went with him
to the office, and every information as to particulars was
given to the company. They said the vessel was a second
class vessel, and that the premium would be 50 per cent.
The policy was effected at that rate. The vessed was lost
shortly after she sailed.
Cross-examined.-1 carry on business in Canning-place,

at No. 25. Have been in business seven years as a customs
and cownssion and excise agent. Have known t'ie plaintiff
18 months he has dealt in tobacco during that time. He
has boughiand sold between 600 and 7001 b. in bond in that
period. Nvcr knew where he lived. He was brought to
my office ()out 18 months ago. in consequence of some
tobacco in bond having been irregularly packed by the
officers. klieve he lives somewhere about Cornwallis-street,
but have ever been to see him there. Cannot recollect
whether it vas before April last year that I knew him. It is
more thana year ago since I paid tobacco duties for him.
Have seenhlili twice about these tobacco transactions, before
the policy ms effected. The tobacco was worth 2s. 6d. a
pound.

Thomas Hughes, woollen draper, Liverpool, examined.
Has two stops, and carries on a large retail. Has known the
the plaiutif nearly 20 years ; has dealt with him for ten years,
and he away paid witness. He has introduced foreign
customersand others to witness.
Cross-eamined.—The foreign customers were captains of
ships ; am he brought them for such articles as they wanted.
The goo& he bought from me were for himself and his wife.
Re-exanined.—The purchases were not confined to articles
for his orn use. His purchases have amounted to £5, £B,
and £lO ; and he paid ready money, but not always.
Mr. Wiliam Armroyd, cutler, of Paradise-street, said he
had known the plaintiff ever since he was a child, and that he
had freqtently bought cutlery from witness. lie had intro-
duced cutomers, principally foreign captains. His credit was
good witl witness.

Cross-!xamined.—The largest credit we gave him was £8
or £9. lad been a cutier 14 or 15 years, but does not know
that the Belgian cutlery is rather famous, as he never was in
Belgium. The last sale witness made to him was in August,
1839. -

Mrs. Ann Ebbs said the plaintiff had occupied two apart-
ments in her house in Grenville-street for some years. Re.
membered some boxes being in his room in November last.
He and :►is wife lived very retired.
Crnss•examined.—He took his apartments from me at 6s.
per weel, and paid his rent every week. He had lately dealt
in quills He had been absent from home often.
George Armroyd said he was cutler in St. James's-street,
and that, the plaintiff had dealt with him and his father. Had
always paid his amount.
Casper Wolfe Schlesinger, is a commission agent in Liver-
pool, sad knows the plaintiff. Has had dealings with him,
but never to a serious amount, except on the last occasion.
About June or July last, sold him 50 sets of balanced ivory-
handled knives and forks, silver tipped, at 425. 6d. a set,
which would make £lll ss. I was paid for them at the time
by the plaintiff.
Cross-examined.--Have lived in Liverpool eleven years.
Lived previously in Birmingham. Had carried on the bu-
siness of a house and land agent in Liverpool to a serious ex-
tent, but was not rich enough to keep a banking account.
Had carried on no other business, except selling now and
then on commission. Had had these knives and forks
placed in my hands by James Burd. I do not know who
James Burd is. Was not acquainted with him. I suppose
he lives in Sheffield. First saw him near the Salthouse
Dock, but do not know who introduced. Dined with
him at a commercial hotel in Dale-street, but do not
know who keeps it. Many others were there. I do
not know when it was that I dined with him. Mr. Burd's
own man carried the goods from the warehouse to my own
office. Do not know in whose warehouse they were, but
could point it out. They were upon the first floor. I should
rather think it was the warehouseman who carried them.
This was after I dined with him. The knives were in pack-
ages.- There were fort. or fifty of them. Mr. Burd gave me
no invoice of the goods, but merely an order to sell them.
I know not whether I made out any invoice of them to the
plaintiff. I paid the money over to Mr. Burd the very day I
sold them, in my office. Have sold other goods in this way.
Once sold a dairy of cheese in this manner, and on another
occasion, sold some wire from a wrecked vessel. I got all
sorts of money in payment from the plaintiff; I had a £5
package of silver, and above £3O in gold.
Re-examined.—Have sold both through the office of the
defendant's attorney, and to the gentlemen themselves.
Mr. ALEXANDER.—That is the plaintiff's case, my lord.
The JUDGE.—And a very ragged case it is ; do you think
you can do better at another time ?

Mr. ALEXANDER said the case must necessarily be so in
the nature of things.
The JUDGE.-1 only say, do you not think you might
make out a better case at another time?

Mr. WIGHTMAN would- call his lordship's attention to the
defendant's pleas. The plaintiff was not bound to disprove
the second plea, which said he was not interested in the goods.
The JUDGE repeated his remark and said the question
would be one for the jury.
Mr. CRESSWELL.—Need I trouble you gentlemen of the
jury?
Mr. ALEXANDER.—Before you trouble the jury, we will
trouble his lordship.
Mr. WIG lITMAN.—My learned friends have not pleaded
that the goods were not delivered on board the ship, but that
the plaintiff was not interested.
The JUDGL.—You say they were goods ; the defendant
denies it.

Mr. WIGHTNIAN,--The bill of lading shows that.
The JD notz.—The bill of lading is not evidence.
Mr. ALEXANDER.—Then we will see whether we can get
out of the difficulty. We will put in the plaintiff's answer.
The.CLERK of the COURT then read the answer, which
stated that all the goods were the plaintiff's, but that he could
not recollect in what coin he paid for them, for whom or
where he brought them. In other respects this document
was very curious for its non mi riordo features.
A memorandum book referred to in the plaintiff's answer
was then put in. Mr. David Wolfe Marcks was called, and
he said, though it was written in the Hebrew character, the
language was a sort of patois, much used by the Continental
Jews, consisting of a mixture of German, Dutch, English,
and Hebrew. The witness read several items from this book
of purchases made by the plaintiff; ultimately, in order to
save time, a translated copy of the book, dictated by the wit-
ness, was put in.
This was the plaintiff's case.

Mr. CRESSWELL then rose to address the court and jury,
and was proceeding with his observations, when he was in-
terrupted by the foreman of the jury, who said, the jury were
quite satisfied with the case, and had made up their minds.
The JUDGE.—You are aware, gentlemen, that the question
is, whether yoU are satisfied that three cases of cutlery were
sent on board the ship in which the plaintiff was interested.
What he is bound to prove is, not the value of the goods, but
whether they were sent on board the ship. If you believe
there is no proof of that fact, you will give a verdict for the
plaintiff upon the first issue.
Mr. WIGHTMAN.—There are other issues, my lord.
The learned JUDGE said he was aware of that.
After a short consultation, the Foreman said, we are all
agreed ; we are satisfied that no goods were sent on board in
which the plaintiff was interested. We find for the defendant.
Mr. ALEXANDER.—As to the second count of the fourth
plea—money had been received for the premium ?
Mr. CRESSWELL.—You cannot recover a premium paid
on a policy granted under misrepresention.
The JUDGE.—ShaII I leave the second plea to the jury ?
Mr. CRESSWELL.—Yes, my lord.
The JUDGE then left to the jury the question, whether the
defendant had not been induced to enter upon the policy by
the fraudulent misrepresentation of the plaintiff, that the
value of the goods was £4BO, knowing them at the time to
be cf much less value.
The jury immediately found a verdict for the defendant
upoa this issue.

MACKRALL V. HARBORD.
The declaration in this case stated that the defendant was
possessed of a certain cellar in Liverpool, and of a ladder
and other machinery for the raising of casks of oil, lime-
juice, &c. ; that-on the Ist August, 1839. he was about re-
ceiving into his cellar certain large quantities of oil and lime-
juice; that the plaintiff was his servant to assist in receiving
certain casks of lime-juice by means of the ladder and ma-
chinery; that the defendant did not take care that the ma-
chinery anal ladder were of the proper strength ; and that the
ladder broke, whereby the cask fell upon the plaintiff, and
caused him very great injury. To this the defendant pleaded
not guilty.

Mr. CRESSWELL (with whom was Mr. KNOWLES) stated
the case. The plaintiff was a labourer, who, until he met
with this unfortunate accident, earned his livelihood by
working at warehouses, and other similar places, in Liver-
pool. The defendant was a gentleman possessed of consi-
derable property in warehouses, and the plaintiff sought
compensation at his hands for a very grievous injury which
he had sustained, by reason of the defendant having supplied
him with a ladder of improper strength for the work for
which it was destined. Whatever might be the result of this
case, there could be no doubt that the plaintiff had been a
great sufferer, for, during the employment he was engaged
in by the defendant, his leg was broken, the bone was dread-
fully shattered, and he was carried to the Infirmary, where
he remained a period of seven weeks, from which time he
had been unable to obtain his living, as before, by his own
industry. Since the Ist of August last he had not been
able to do more than three or four days' work. He had
been employed in this warehouse to stow away some casks
of oil, and then he, together with sonic others, was directed
to place some casks of lime-juice upon them. In order
to do this, they put up a ladder, as directed by the
defendant's foreman, and upon this machine they rolled
one or two casks, and then a third which was somewhat
heavier than the others. The plaintiff was rolling in the
centre of the ladder, which, when the cask got part of the
way up, broke. The cask fell upon the plaintiff's leg and
broke it. He was now a complete cripple. The defendant
thought that in point of law he was not responsible for this
injury; and that not being responsible in law, he was not
bound to make any provision for this poor man. He (the
learned counsel) however, believed the law would be found
to be this—that as the defendant employed the plaintiff to
do this work, he was bound to supply him with a machine fit
and adequate for the purpose ; and that having supplied him
with one unfit and inadequate to perform this duty, the de-
fendant had made hinisel( responsible for the consequences.
John Harrison and JOhn Povah, two porters, who were
engaged with the plaintiff on this occasion, in stowing away
the casks of oil and lime juice, were called, and they described
the circumstances of the accident. The weight of the cask,
they said, was between 8 and 9 cwt., and the right side of
the ladder heirr. too weak to bear that burden, it broke.
They were told to use the ladder by tbe.defendatit's foreman.
Mr. ALEXANDER, on the part of the defendant, cross-exa-
mined both these witnesses, but their testimony was not in
any respect impeached.
Win. Stother said he was working at Freeman's warehouse
in July, two days before the present accident happened. The
ladder in question was then used in moving a cask of black
lead, from the weight of which it sprung on the right side.
The foreman could not but see that the ladder had sustained
this injury.
Thomas Cunningham said the plaintiff lodged with him:
Remembered him going to the Infirmary, where he stayed,
seven weeks. When he came back he was in a very weak
state, and now went on crutches, being very lame. Ile had
worket but four days, or half days, since that time.
Join: Harding, clerk to Mr. Yates, the
r' September,
plaintiffs ' attor-
ney., produced the copy of a letter dated 27th10.
! for 1839, from Mr. Yates to the defendant,
com-
pensation for the injuries the plaintiff had received. After
this letter the defendant called on Mr. Yates, and said he
could ito nothing till he had seen his warehouseman, who
had left him, but as soon as he had seen him he would call
again. The witness then producedi the copy of another.
letter, lilted 9th October,. from i 1 Ir. Yates, requestmgststhrhaset
there was no legal claim upon .
_
name, of the defendant's attorTletYh;
October,als o one
from
asserting Messrs.
Worthington and Holt, dated
President the defendant, but proposing
to leave the matter to the of the Infirmary. Mr.
u
Yates' reply on the I2th was next read, declining the pro-
' posed reference.
Mr. John Nottingham said, in August he was house-sur-
geon to the Infirmary, and recollected the plaintiff being
brought there with a dislocated foot, and the end of the
small bone of the leg broken. He remained in the Infirmary,
as near as witness could recollect, seven weeks, till the 2d of
September.
Cross-examined.—He was in good health when he left,
and was then cautioned not to walk without crutehr•3. Ex-
amined him yesterday for the first thee since he left the
Infirmary. I found the restoration as complete as could be
expected under the circumstances. Have not had an op-
portunity of seeing him before, although I called at his liote,e
twice.
Re-examined.—I do not think he could now do the work
of a porter as he did formerly. Do not know whether I
have refused to be examined or give information to Mr.
Yates.

This was the plaintiff's case.
Mr. ALEXANDER then addressed the jury for the defen-
dant. It was certainly the duty of •masters to take care of
their servants—to supply them with the things necessary
and adequate for the purposes of their labour ; but when that
had been done, the master was not responsible for careless-
ness on the part of the servant. He should be able to make
it as clear as day-light that the ladder was made of proper

materials—and that it had broken from the inattention of
the men themselves. The learned counsel then produced a
model of the ladder, the cellar, and the casks of oil and
lime-juice, from which he endeavoured to shew that the
misfortune had arisen from the ladder having been ignorantly
or carelessly placed in a wrong position. He should further
prove that the ladder had been subsequently tried to ascer-
tain its strength, and that it had been found to carry between
8 cwt. and 9 cwt. If, then, the jury were satisfied that a
ladder was supplied fit for the occasion, and which had been
since tried and found capable of bearing any weight put upon
it—then, however they might regret that the plaintiff should
have suffered what he had, they would not throw upon the
master the liability of this misfortune. The learned counsel
concluded his address by reading a letter from the defen-
dant's attorneys, dated the 3d March, again offering to
refer the matter. _ _

A JURYMAN here requested that the witnesses might be
asked whether the ladder was in the same position in lifting,
up the last cask as it was when the two first were lilted.
Harrison, the first witness, was recalled, and he stated
that the ladder had not been altered in position. In an-
swer to another question, he replied, that the grips of the
ladder were about the length of his hand.
Richard Leather, examined by Mr. ALEXANDER, said he
was warehouseman to the defendant. None of the lime-juice
casks would weigh 7 cwt. or 8 cwt. To the best of witness's
belief the ladder used by the plaintiff and the other men was
in good condition on the morning of the accident. Had
never noticed any imperfection in it. It was made of the
usual materials, and in the usual form. Examined the lad-
der after the accident, and found a crack upon the upper
side of it.

By a JURYMAN.-If the grips of the ladder were upwards,
the cask would have to be lifted over them.
Examination resumed.—There could be no object but
carelessness in placing the ladder the wrong way.
Cross-examined.—First spoke to my master about this
accident in November or December. Usually saw him once
a week, but cannot tell whether I mentioned it to him in
August. Examined the ladder the day of the accident ; it
was not broken in the way the men described. It is now
in the cellar.

Re-examined.--I usually communicated on business with
Mr. Ostler, Mr. Harbord's chief clerk. Mr. Harbord has
many warehouses. _

By a Juryman.—We have worked with the ladder since,
but only to prove its strength.
The JUDGE asked whether there were any objections to
produce the ladder, for the jury to see it ?
Mr. ALEXANDER replied that the bonded warehouses
closed at four o'clock, and consequently at this hour (nearly
six o'clock) it could not be produced.
Robert Long, a porter, was next called, and stated that
he had worked with the ladder with Stother and Harrison
two days before the accident, and found it a very good one.
Richard Smith, a warehouseman in the service of the de-
fendant, said he had examined and used the ladder since the
accident three different times, first with a cask of from six
to seven cwt., and the last, one from eight to nine cwt.
It appeared quite firm when used properly—that was when
the ends of the iron grips were fixed in the bilge of the cask
against which the ladder might be placed.
By a Juryman.—Such a man as the plaintiff would earn
18s. a week.
Mr. Samuel Holme said he had examined the ladder in
question on Saturday last, and noticed a crack in the upper
portion of it. The ladder seemed made of Norway pole, and
it seemed to be a natural crack. The model produced faith-
fully represented the ladder. If the ladder had been pro-
perly placed, such a fracture as that he saw could not possi-
bly have taken place.
Cross examined.—No doubt both sides of the ladder had
been used pretty much alike.
Elias Owens, cooper and master porter, in Liverpool.—
Had been in business twenty years. Had examined the lad-
der in question; it would bear, if properly used, from 10 cwt.
to 15 cwt. If the ladder had been improperly placed the
break would have been in the way it was shown in the model
produced. On the 4th of March he saw rolled up it two
casks, one 6 cwt. and the other 8 cwt.

Mr. Andrew M'Clellan, Assistant House Surgeon in the
Dispensary.—ln October, called twice at the plaintiff's house,
to examine his leg. at the request of the defendant, but did
not see him. I left word for him to attend at the Dispen-
sary, but he did not.
Mr. CRESSWELL, in reply, asked where was the ladder?
They had taken Mr. Holme and Mr. Owens to see it, but
rsfused to let the jury inspect it. The learned counsel then
briefly commented on the evidence.
The Learned JUDGE then summed up, pointing out to the
jury the various aspects of the case.
The jury retired for consideration. On their return, the
foreman said they had found a verdict for the defendant.
The court adjourned at half-past seven.

SHAMPOOING.—We very cordially direct the attention of
our readers to the advertisement of Mr. Whalley, who prac-
tises this art. We have inspected several unexceptionable
testimonials from noblemen and gentlemen who have been
under his care; and also from eminent members of the me-
dical profession, in approval of Mr. Whalley's system, certi-
fying its beneficial operation in the cure of spinal or rheu-
matic affections, and which cannot fail to satisfy all who may
wish to try the effect of shampooing in similar cases.
LT. BRIDE'S NATIONAL SCHOOLS.—We perceive that
two sermons will be preached, on Sunday next, at St. Bride's
Church, in aid of the funds of the above schools, by the Rev.
C. B. Tayler, M.A., Rector of St. Peter's Chester, and
author of As you like it, and several other popular works.
We trust that the advocacy of so eloquent a preacher will
prove of essential service to the schools.
We beg leave to direct the attention of our readers to the
advertisement of Dr. Black's excellent work on the treat-
ment of the principle disorders of the bowels, which appears
to us, from a cursory examination to be one of the best
works ever published on the subject. We shall notice this
work more at length on Tuesday.

DEATH OF LADY BARTON.-Her ladyship died at Ful-
ham Hall, Essex, on the 29th ult., at an advanced age ; she
was the relict of Sir Freeman Barton, who was knighted by
King George 111..

Among the passengers that sailed for Suez yesterday in
the Berenice, are two beautiful grey Arabs for her Majesty,
under charge of Captain Malcolm, her Majesty's 3d Light
Dragoons.—Bombay Timex, Feb. 1.

We regret to state that Madame Caradori Allan has been
attacked with measles of so virulant a kind as to have occa-
sioned the deepest anxiety to her friends. After intense
suffering for ten days she is, however, recovering.
Lord Ward attained his 23d year on Friday last. His
lordship, therefore, wants two years of his legal majority,
under the will of the late Earl Dudley, when he will be
placed in possession of landed and personal property of the
estimated amount of £200,000 per annum.

LORD LOWTHER.—A rumour has within the last two or
three days reached us, that his lordship's protracted sojourn-
ing on the continent is occasioned by threatening symptoms
of a pulmonary affection of a somewhat serious character.—
Westmoreland Gazette.

PENNY POSTAGE.—A. fine cucumber, nine inches long,
one of a large number grown by Mr. Crompton; gardener to
his excellency Sir Edward Gibbs, was sent last week from
Government House, to London, by the post ; the charge
amounted only to is 6d.—Jersey Times.
A GENERAL " ERRATUM."—The editor of a new jour-
nal published at Graham's-town, says in his first number,
with great naivete, " Our readers are requested to excuse
any errors of the press, as our eye is not yet sufficiently
practised to detect every error at first sight.

DIABOLICAL ATTEMPT TO POISON.—A parcel of provi-
sions, consisting of bread, sugar, tea, &e., was lately laid by
the side of a door of a cottage in Kirktnichael, with an
anonymous letter, addressed to a poor woman, in which it
was stated that more would be sent if needed. On exami-
nation it was discovered that the whole was poisoned. No
suspicion is attached to any person, nor can any cause he
assigned for so diabolical an attempt.—Ayr Advertiser.
A. VETERAN TOPER.—A correspondent sends us the fol-
lowing as a bonne bouche for tee-totalists. An old man, 70
years of age, acknowledges himself, that since he was 20
years old he has drunk, on an average, four glasses of whis-
key a-day—say 18,250 days, at four glasses each, making
73,000 glasses, at three halfpence per glass, or £456 ss; a
goodly sum, truly, to be thus squandered away !—lnverness
Courier.

Mr. Russell, author of a tour through the Australian co-
lonies, relates the following pleasant anecdote, though not
very flattering to our self-love :—" A young lady of Sydney
(a native of the colonies,) being asked if she would like to go
to Britain, answered, that she would like to see it, but not to
live in it. On being pressed to give the reason, she replied
that, from the great number of bad people sent out from
thence, it must be surely a very wicked place to live in !"
THE QUEEN.—It is upon no slight grounds we congratu-
late the inhabitants of Hampshire and the Isle of 'Wight on
the probability of seeing their beloved Queen amongst them
in the course of the present summer. No one, of course,
can speak positively as to the royal intentions, but some or-
ders and contemplated arrangements have come to our know-
ledge, which satisfy our minds that a disposition to visit the
Isle of Wight prevails at present in the royal mind. We have
generally been found pretty correct in our prognostications of
courtly and political movements, and we do not think we shall
be found to be wide of the mark in this. The Royal Yacht
Squadron is expected to have a magnificent season. At the
regatta, it is hinted, a prize will be contended for, surpassing
anything ever yet subscribed for or given.—Southampton
Independent.
NETTLE BEER.—At this season of the year a wholesome
and agreeable beverage may be obtained at a trilling cost,
from that valuable though much despised plant, the nettle ;
two quarts of the sprouts of which to be boiled, in one gallon
of water : adding, when strained off, half a pound of sugar
or treacle, with a little ginger. When near cool, ferment
with yeast, and bottle tight up while in a state of effervescence.
In a day or two this will be brisk as bottled ale and of a
pleasant flavour.
POSTAGE STAMPS.—The public has been looking forward
to the issue of the postage stamps with natural anxiety. We
have, therefore, great pleasure in announcing, that the en-
gravings and die are now complete, and that early in the
next week the printers will be actively engaged in striking off
impressions. Three different forms will be used, according
to pleasure. By the first,. paper sent in to be stamped will
be impressed with a beautiful medallion portrait of her Ma-
jesty ; the second, consisting of stamps to be affixed to let-
ters, is also decorated by a highly-wrought portrait of her
Majesty, engraved by Heath. These are about the size of
a shilling ; each sheet will contain 240 stamps, which the re-
tail dealer can sub-divide, so as to suit the convenience of
purchasers. The third form is the cover, to be stamped on a
half sheet of paper. The design, which is imaginative and
beautiful,
as well as complicated, containing upwards of fifty
figures, is by Mulready, and has been engraved in relief on
brass, with the utmost care and delicacy, by Thompson, who,
we are informed, devoted the labour of twelve entire weeks
toits execution. The lower part of the tablet is left blank,
to admit the direction. Above, in the centre, is Britannia,
with her emblems, spreading wide her arms, to dismiss angel
messengers to all nations of the earth ; a group of Indians
and colonists is on the right ; on the left are the figures of
oriental men and animals. These groups are supported on
either side by domestic figutes, reading letters. The whole
effect is poetical, as well as artistic. The covers will be
printed from casts either polytyped or stereotyped, and Mr.
Dickenson's paper, on which our journal was printed in
April, 1838 (No. 548), is to be used. By causing part of the
lines to be nearest one surface, and part to the other, he has
sueeradded a great protection against fogery.—AthentEnnz.
DEER HUNT EXTRAORDINARY.—WINDSOR, TUESDAY.
—This morning, shortly after eleven o'clock, a drill party of
the second battalion of the rifle brigade, under the command
of Captain Clegg, were exercised- in the Long-walk. They
were mu eximpanied by the fine deer which has long been at-
tached to the brigade, and which was grazing during the time
the party were being drilled. Maynard, the superintendent
of her Majesty's favourite dogs, was proceeding towards
Windsor, accompanied by her Majesty's celebrated Scotch
deer-dog, a breed partaking largely of the blood hound.mixed
greyhound. The hound immediately started off after the
deer, which it pursued at a tremendous pace through the
great gates into Park-street, along the High-street, and down
Peascod-street, at the corner of which it knocked down a
poor man with considerable violence, causing a concussion
of the brain, by his head coming in contact with the curb-
stone. He was immediately attended by Dr. Stanford and
Mr. Soley, surgeons, and, after the lapse of a short period,
his senses returned, and he was conveyed home. The deer,
pursued by the dog, continued its course thn?ugh_Peascod-
street, :towards Clewer, where it was caught in a.ditch, the
hound severely rietl,yvasla%sycietiria,tnifinigcuilttsy ears and
andwinthealrifefo. reTlhege,and
from deer,
by the orders of the colonel, was coveyed to the hospital of
the barracks, where it was bled and physiced, ' and it is
now pronounced to be out of danger.

FOREIGN INTELLIGENCE,

EGYPT.

Private letters from Malta bring additional intelligence
from Alexandria to the 22d of March. It appears that there
are some political relations between Mehemet Ali and the
Imaum of Sanaa, who is the Sultan of Yemen. An envoy
extraordinary of this Imaum went to Egypt a few months
ago, and had secret conferences with the Viceroy, the pur-
poses of whiCh are yet unknown. He returned to his mas-
ter, accompanied, on the part of the Viceroy, by Hussein
Effendi returned from his mission to Cairo, and thence started
at once for Alexandria, where he thought to find the Viceroy,
but not finding him, he returned to 'Cairo, and on the 13th
of March had a secret interview with him, in which he gave
a complete account of his mission. The Viceroy seemed
completely satisfied, and Hussein Effendi was again sent with
fresh despatches to the Imaum. It is reported at Alexandria
that the presence of. the Scheriff of Mecca on the coast of
Yembo, where the Bedouins bad risen, has greatly contri-
buted to subject them to the Egyptians. The Bishop Fre-
derico Cao came to Cairo by the way of Suez, having accom-
plished his mission in Ava and Pegu.
The Viceroy has returned from Cairo to Alexandria, and
the preparations for war always continue. Tents, which are
intended for the four regiments expected from Arabia, have
already come to Alexandria, and powder and ammunition
are disembarked every day at Mahmoudeh, whence they are
transported by camels to the Government magazines. Exer-
cise is gone through both by laud and sea ; 60 cannons of
large calibre have been sent to Aboukir to fortify that sta-
tion, and carriages for cannon are manufacturing at the ar-
senal. On the 20th of March Aly Gezar, an old Arab, was
sent by the Viceroy to Boulaque and old Cairo to form the
redif (militia). This man had been in disgrace for 15 years
for a quarrel with Soliruan Aga, whom he attempted to shoot.
He was exiled, but as he was an influential person, the Pasha
recalled him to Alexandria, and said—" Old man, I have
made you a colonel, hut you shall not wear the decoration
until you have formed a regiment at Boulaque and Old
Cairo."
The Alexandrians have become proud of bearing the mus-
ket, and the colonels and officers are more haughty than the
Pasha himself. The Capuchin priests cannot appear without
being grossly insulted. Ibrahim Pasha, from never praying
at all, has turned devotee, prays five times a day, and severely
chastises those of his soldiers who will not do the same.
The plague continues, and the doctors, not fully understand-
ing the disease, often fall into ridiculous mistakes. An
Arab, who had fallen in the street in a tit of intoxication,
was sent to the Lazaretto by the health authorities' and
though on coming to his senses he cried out that he was
well, the guardians of health would not commit themselves,
and he had to perform quarantine.
Accounts from Dames state, that the murderers of the Pa-
dre Tommaso have at length been discovered, but the details
of the affair are so extraordinary that it is hard to give them
credit. It appears that the deceased was invited to enter the
house of certain Jewish merchants, who sent his servant for
a barber. They all assisted in cutting the throat of the priest;
his body was hung up by the feet, that the blood might flow
into a basin ; and his flesh cut into small pieces, and his head
and bones heaped up in a pile. These remnants were put in
sacks, to be thrown into the common sewer of the Jewish
quarter, where they were found. Nine persons were appre-
hended, and seven, amongst whom were the barber and the
servant, confessed the crime. Some turned Mussulmans in
the hope of saving their life, but in vain ; five have been al-
ready hanged.
According to the confessions of the murderers, the priest
was killed that his blood might be used for passover bread,
according to an ancient custom of their religion. However,
the Israelites say that this confession is entirely false, and has
been drawn forth by torture, and that the government has
only wanted an excuse to despoil the rich Jews of their
wealth. A singular feature has been the violent indignation
of the Mussulmans of Damas, &c., at the death of a Chris-
tian. The strictest exercise of authority has been required
to prevent the extermination of all the Jews in Damas.

COLONIAL INTELLIGENCE.

CAPE OF GOOD HOPE.

The Cape of Good Hope papers reach to the 9th of Febru-
ary. Banking seemed prospering in the colony, and from
the reports made of the operations of the respective esta-
blishments for the past year, there appeared every prospect
of progressive improvement. The Cape of Good Hope Bank,
which had existed three years, had declared a dividend of 15
per cent. On the 3d of January a statement of its liabilities
and assets was published, and it then appeared that the lat-
ter exceedect.the former by £76,132. The South African
Bank in this its first year's report showed a profit of £5,079,
of which sum £2,559 was carried to the reserve fund, leaving
£2,520 to be employed for the payment of a dividend which
had been declared at 6 per cent. The assets and securities
of this bank on the 31st of December, 1839, exceeded its lia-
bilities in amount £59,124. The Eastern Province Bank had
also declared a dividend of 6 per cent. out of the profits of the
past year, and its first of, existence. From the frontiers the
accounts continued favourable, and the discipline used by the
Lieutenant-Governor to preserve order was spoken of in
terms of commendation. An interview between the Lieu-
tenant-Governor and some of the Caffre chiefs is alluded to,
and it is said that Macomo spoke reasonably and with dis-
cretion, but Tyali and Botma were rude and insulting.
Nothing, however, was feared from this by those who knew
the general character of the tribes. The particulars of the
interview are not given.

The Marquis of Camden, one of the old first class Inda-
men, has been totally wrecked on a sand-bank off the Sere-
rary Islands, between Pannay and Mindora Phillippae
Islands. The French ship L'Asie, which was in compny
when she struck, succeeded in saving a quantity of opio3,
(228 chests,) she had on board, the amount of salvge
on which (one-third) allowed to the French captain, amouts
to upwards.of 30,000 dollars.