The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1853-10-25 00:00:00

m. It

hoped it would
thing' had and

by prop
say, he f

the ch2ng

;e of this

dation now of the scale of punis
very wide gap bets

,ence of two 3

t, and one of seven years' transportation
been a very difficult 'Hifi
hould pass a senten(

of seven years' trat

imprisonment was a lonk term, andhe rarely

A. piece of

Ipassed it, because two years in such prisons as ours -
produce a great change in a man's constitution. I should be pushed in tl
had often had occasion to say whether a case was and no
s' impr

one for two yea

Now, how

aly full•
Lt. An

years, so it we

the term of penal servitude-wa

I be seen the scale was Bette.
ieve him from difficulty. He pro- I it worse th

ind 'it would rel

ht have transported, but I for_such ch

as it was now, he might substitute for the two years' im-
prisonmeut the four years' penal servitude ; and he men- plants which are to con
tioned it to warn those who commit offences, because he be carefully sr Cpl'
he did not hesitate to say, he should be more willing to must never ir

years' transportation ; and therefore he mentioned this to close early, so as to
makethose disposed to commit offences think that, although KITCHEN GARDI
they formerly escaped transportation, they very likely would
fall under four years' penal servitude as the law of punish-
ment now stands ; and with these observations he should
not detain them longer.
The grand jury then retired, and shortly afterwards re-
turned into court with several true bills. The trials

LIVERPOOL COURT OF PASSAGE.

---ea-

DWARD JAI

us court opened yesterd.
t of St. George's Hall.

There were 64 issues for

raise and store beet

This- is the first court held •under the operation of the
Court of Passage Procedure Act, by which its functions
have been considerably extended and amended. There
are three special jury cases, which have been fixed for
hearing on Thursday next,
The court sat at nine o'clock, and after the disposal

CIIETHAM'S COLLEG
Pant-hr crivon in "my%

atue of the founde

ceeded with the following actions :
ALLEGED FRAUDULENT REPRESENTATION.—ThE LI-
VERPOOL ADELPHI LOAN ASSOCIATION 2/2 F_AIRRITEST
- _

Blair for the defendants. This was an

ion Vrought to

recover a

nineas, for a loan, for the rem

ment of which

under, it was alleged, a fraudulent representation. Itappeared that there was an application made by a person
named Brassey, who had formerly obtained loans from the
plaintiffs, atd for which the female defendant, Jane
Lloyd, who was at that time unmarried, had been one of
the sureties. It further appeared that, in January, 1848,

for £3O, and proposed as his sureties tvioTrons7;37;ed
Brown and Costine, and Jane Lloyd. On the 26th of
July, 1847, Jane Lloyd was married to her husband, and
having signed the loan of 1848 in the name of Jane Lloyd,
the husband (who is a journeyman painter) denied his
liability. Her signature was alleged to have been a false
and fraudulent representation, and the action was brought
for the recovery of the balance of the debt remaining, and
costs to which the plaintiffs had been put by a hearing in
the County Court. The jury retired, and, after an ab-
sence of several hours, returned into court, stating that
they could not be unanimous. The Foreman said :—Please
your honour, it is very cold ; there is no fire. (Laughter.)
Mr. James : If you can prevail upon the officer to Live you

a fire, I have no objection ; but he has sworn he won't.
The Foreman : We can't agree without a fire. (Renewed
laughter.) After asking some questions arising from the
action, the jury then again retired. They returned in
about half-an-hour, with a verdict for the plaintiffs, finding
that the signature was not only a false, but a fraudulent
representation, and awarding as damages £ll.
DEBT.—CARNEY v. BELL.—This was an undefended
action, and Mr. Aspinall appeared for the plaintiff. The
action was for goods sold and money lent, and the amount
of the debt £37 7s. laid. The plaintiff is a poulterer in
St. John's Market, and the defendant a dealer in live ani-
mals. Verdict for the plaintiff for the amount stated.
ACTION FOR FALSE hiPRISONMENT.—WRITE AND
WIFE v. HOOK AND WIFE.—Mr. McOubrey appeared
for the plaintiffs, and Mr. Aspinall for the defendants. The
real parties in this case were Mary White, a dealer in
confectionery, &c., residing in Prophet-street, Toxteth-
park; whose husband is a fireman on board the Arabia
steamer; and the real defendant, Margaret Hook, the
wife of a publican, in St. James'-road, and the action was
brought to recover damages for false imprisonment.
There were two separate counts, one charging forcible de-
tention in defendant's house, on the 17th of May, and j
another for being given into custody by her two days 1

afterwards, and Taken off to bridewell.' The plaintiff
said that she was sent for, on the first occasion, to de-
fendant's house, and charged with having taken a sove-
reign from her son improperly. She denied the charge
indignantly, when a policeman was sent for, who threa-
tened he would " burst her boiler," and she was taken
as far as St. James's church, but then set a liberty. In
two days afterwards a policeman called at her house, be-
fore she was up, and took her off to the defendant's,
where Dirs. Hook gave her into charge for receiving a
sovereign from her son under false pretences. She was
lodged all night in bridewell, and next day taken before
the magistrates ; when the defendant, who was not pre-
pared with sufficient evidence, stated that she could after-
wards get substantial evidence, and the plaintiff was, on
this, remanded for a week, and conducted to the borough
gaol. When again brought up she was acquitted. There
was only one plea put on the record, "not guilty
and ""

justification " had not been pleaded, but the
grounds of suspicion against the plaintiff came out
on cross-examination and otherwise. She had had a
boy in the employment of Mr. Hook, who, besides
being a publican, is a joiner and builder; and the defen-
dant's children, in consequence, were in the habit of
coming about the plaintiff's house. One of these, a boy
about ten years of age, to whose evidence Mr. M'Oubrey
did not object, said, " She enticed me to get the money, to
keep her shop up, as she was frightened of the bailiffs
coming, and she said she would pay it at 2s. 6d. or ls. a
week, if it were twenty years after." The lad, on this,
took £1 from a drawer in his parent's house, 10s. in silver
and a half sovereign, and gave it, as he alleged, to the
plaintiff. Two witnesses were called, one a customer and
the other a servant in the defendant's house, who stated
that on the first occasion they overheard the plaintiff
promise Mrs. Hook that she would repay the money by
instalments ; but on her reproving her for encouraging
her boy to such acts as had led many a one to the gallows,
the plaintiff said, angrily, that she would never pay her
one farthing. It was also deposed that the police had only
been sent for to remove the plaintiff the first time owing
to her violent demeanour. The jury returned a verdict
for the plaintiff, damages 20s.
COMPENSATION FOR INJURY.—COSGROVE V. OWENS.—
This was an undefended action, in which Mr. Aspinall ap-
peared for the plaintiff. The action was for carelessly-com-
mitting an injury to the plaintiff. The plaintiff, Patrick
Cosgrove, is a porter, and was employed on the Ist of July
in delivering some sacks of gum at one of the docks. The
defendant, who is a carter, in good circumstances, was em-
ployed to receive the gum, and take it away from the place
where the plaintiff and others were delivering it. The
defendant was late in arriving ; and when he came was in
a great hurry. The bags of gum were moved about with
iron hooks and wooden handles, but that which the de-
fendant had was all of iron, and he was using it so carelessly
that just before the accident the plaintiff had remonstrated
with him. At last he put his hook into the canvas of one
of the gum bags ; it slipped its hold, and struck the
plaintiff on one of his eyes, penetrating the ball, and de-
priving it of sight. He was seven weeks off work in con-
sequence of the accident, and was now not so efficient as
before.—The jury returned a verdict for the plaintiff, da-
mages £2O.

CAE ACCIDENT : WOMAN RUN OVER.-BRODRICIC V.
FOWLER.-Mr. Aspinall for the plaintiff, and Mr. H. Tin-
dal Atkinson for the defendant. The plaintiff, Sarah
Brodrick, is a woman above 70 years of age, and
she sought to recover damages from Richard Fow-
ler, car-owner, of Walnut-street, for injuries received
by being run over by one of his cars, negligently
driven by William Roberts, one of his servants. On
the 28th of July last the plaintiff was crossing James'-
street, when defendant's car, containing a wedding party
proceeding to the pier-head, came up, as alleged, at a rapid
pace. She was knocked down and very much injured, her
leg being fractured, and since that time, it was stated, she
had been almost deaf, although her hearing was quite good
before. Evidence was given that the plaintiff's son and
daughter had gone to the defendant afterwards on the
subject of her injuries, when he had offered some trifling
compensation, saying that he would rather give her a trifle
than put the matter into lawyers' hands, who were very
great rogues. (Laughter.) Several witnesses for the de-
fence stated that the car was going at a very moderate
pace ; and one of these, himself a car-driver, said that the
horse was neither walking nor trotting, but between the
two. It was the speed at which they usually went when
they were engaged by the hour. (Laughter.) The jury
returned a verdict for the plaintiff, damages £5.
DISPUTED ACCOUNT.-CITESHIEE V. EDDOWES.-Mr.
Simon for the plaintiff, and Mr. Aspinall for the defendant.
Mr. Charles Roe Cheshire was the plaintiff; Mr. Thamas
Sutton Eddowes the defendant ; and the declaration was
for goods sold and delivered, for work done and materials
supplied, money paid to the defendant, and also money
due on an account stated. The defendant had paid into
court £25 ss. 9d.; the amount of plaintiff's claim being
£27 15s. 3d. The plaintiff is a shipsmith, and anchor
and chain cable maker, in this town, and the defendant is
also in a similar line of business. On the Bth of Septem-
ber, 1852, the plaintiff called at the defendant's place of
business, and gave an order to his foreman for a quantity
of chain, &c. The goods were sent home, and later in the
month another order was given, and also executed. When
called upon, the defendant refused to pay, stating that the
charge was excessive in respect to the iron. This was the
dispute. The order had been given in the plaintiff's
absence, and 9s. 6d. a cwt. had been charged. At the
time in question, iron was on the rise. The defence was,
that, in a conversation between the plaintiff and defendant
shortly before, a less price, Bs. 6d., had been named.—
Verdict for the plaintiff, for the amount claimed.
At the sitting of the court the Assessor signed a set of
new rules of practice applicable to the court, founded upon
the recent act of Parliament respecting the court. The
Assessor, at the same time, intimated that the costs would
undergo revision ; and a net' scale of fees payable to the
attorneys, as also of those to be taken by the registrar,
would be settled as soon as possible.

EMBEZZLEMENT.-011 Saturday, at the Salford Town-
hall, Hickman, the traveller for Messrs. Joule, brewers, of
Salford, was committed for trial at the Salford quarter
sessions which commenced yesterday.
FlRE.—About a quarter-past three o'clock on -Sunday
morning, a young man who had been making some in-
quiries at the Brideweil, ,discovered a fire in the upper
portion of a warehouse in Exchange-buildings. He gave
the alarm at the detective police-station, and it was soon
discovered that the ceiling of the upper room was in a
blaze. The fire was got under without any serious damage
being done. The building is occupied by Messrs. Stock
And Sp; Mr. Withers, _Mr. „Parker, .and *there.

•ed to be sodd

in any sy

THE REV. DR. ASPINALL preached his fare
on Sunday, at St. Mathias's, Great Howard-st
THE QUEEN has annroved

as Consul at Liverpool for the Republic of New Grana(
SIIIPWRECK.—The Mary, Captain Leveno, of Glasg
which arrived here on Sunday, from Bat
the 20th instant, with the brigantine
Cardiff; bound to Malta, in a helpless co

fell in, c

John Barry, froix

&NCIIEST

engage

norning

I to put

A. heav

Messrs. Tod