The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-11-02 00:00:00

SOUTH TOXTETH WARD

The contest in this ward was between S. Lee Trotman,
Esq., a conservative merchant extensively engaged in the
West India trade, and W. Tayleur, Esq., of the well known
firm of C. Tayleur and Sons—in politics a " liberal" of the
first water, an advocate of the " cosmopolitan" :system of
education in the corporation schools, a thorough hater of the
established church, and, in short, a Socinian. The retiring
councillor was Mr. M`Kee, a whig-radical; and the contest
was scarcely a personal one, as in some other wards, but a
struggle between the conflicting principles of conservatism,
and of the movement towards republican institutions—be-
tween the supporters of an established church on the one
hand, and, on the other, of Socinianism, Popery, and politi-
cal dissent of every hue and form, banded together in " beau-
tiful propriety" for its destruction. The " liberal" party
placed their chief hopes upon the efforts which had been
made by the " protectors" to swamp the register, whilst the
conservatives relied upon the reaction which had been gradu.
ally taking place amongst the electors, and upon the spirit
which has been excited in behalf of the religion and the in-
stitutions of their country amongst the operative class, espe-
cially of that ward.
At the opening of the polling-booth at nine o'clock, a
strong body of twenty-six, not particularly well-dressed gen-
tlemen, about whose nationality there could be no mistake,
presented themselves and took possession of the avenue lead-
ing to the booth. The polling went on rather slowly, and
was marked by no excitement on either side, and at eleven
o'clock the numbers were announced, giving the conserva-
tive candidate, somewhat to the surprise of the uninitiated, a
majority of twenty-one. From ten to eleven the polling con-
tinued to go on slowly, and the numbers were announced at
eleven—for the conservative 86, and for the radical 60. At
twelve o'clock the radicals had reduced the majority against
them to twelve votes. The polling between twelve and one
was not nearly so brisk as is usual at this hour ; and the radi-
cal committee-room exhibited symptoms of considerable dis-
may. Mr. Councillor Jordan might be seen ever and anon
emerging from the door to cast wistful glances up and down
the road for the coming of the expected forces ; but they
came not, and black disappointment Bloomed in the coun-
tenance of the antiquated radical, whilst the conservatives,
merry as larks, from this omen began to reckon the game as
their own.

At one o'clock the numbers were for the conservative can-
didate 125, and for the whig 111. During the next hour the

protector party pulled up a little, and at two o'clock had re.
duced the majority against them to nine. This, however,
was the expiring effort, and the conservatives afterwards
rapidly increased their advantage, until the close of the poll
at four o'clock, when the numbers were—

S. L. Trotnaan, Esq
W. H. Tayleur, Esq

Majority
in favour of the return of the former, thus returning, for the
first time in this ward, a conservative member to the council.

NORTH TOXTETH WARD

In this ward, the retiring councillor, Alexander Smith,
jun., Esq., conservative, **vas opposed by William Lockerby,
Esq., a gentleman entertaining the slip-slop opinions of
whiggery, an advocate of free trade, and other similar clap-
traps, with which the fallen Whig faction attempted during
their last convulsive clutch of office to gull the people of
England. Of Mr. Alexander Smith's opinions and preten-
sions, we need say very little. In the council he has dis-
tinguished himself, throughout his period of office, as an
active supporter of conservative principles and measures ;
and in addition to his public claims thus acquired, he pos-
sesses considerable and deserved personal popularity in the
ward. We may add that his .unflinching maintenance of the
claims of Protestantism upon a conservative government and
a conservative council, contributed materially to strengthen
the enthusiasm in his favour amongst the loyal constituency
to which he appealed.
. _

On the opemng of the polling-booth, at nine o'clock, a
considerable body of voters were in attendance ; but there
appeared to be little excitement displayed on either side, few
of the voters wearing favours, and everything displaying a
cold and spiritless appearance. At ten o'clock, however,
the return of the polling giving a majority of 20 to the con-
servative candidate, appeared to create some sensation, the
conservative canvassers moving about with increased acti-
vity, whilst their opponents appeared not a little stunned.
Between ten and eleven, the polling proceeded slowly, and
at eleven the numbers were for A. Smith, Esq., 89, and for
his opponent 72, and at twelve for the conservative 162, and
for the whig 147.
Between twelve and one a strenuous effort was made by the
whig party to effect a diversion in their favour, in which they
partially succeeded. The trick of substituting the voting
papers of the whig for those in the possession of the conser-
vative voters was tried by an individual, who intruded him-
self within the space railed off for the voters, no doubt for
the express purpose. It was detected however, and the indi-
vidual attempting it was—(not so promptly, however, as he
ought to have been)—ejected from his position by the police.
Intimidation was next tried ; and in the very front of the poll-
ing booth a tradesman, whose name however we do not pub-
lish, was seen endeavouring to prevent one of his workmen
from voting for the conservative, and heard to threaten him
with dismissal if he persisted. By these and similar dis-
graceful efforts the majority for Mr. Alexander Smith was
reduced at one o'clock to 4—the numbers being A. Smith,
Esq., 198 ; W. Lockerby, Esq., 194.
After this hour, however, the whig game was at an end,
and the conservatives went rapidly a-head, amidst the cheers
of their assembled friends. At two o'clock the majority for
Mr. Smith was 17. At three o'clock it had increased to 32 ;
and at four o'clock, the close of the poll, the numbers were—
Alexander Smith, Esq 375
William Lockerby, Esq..

Majority.
of the conservative

36 in favour

At the close of the poll in this and the South Ward, the
successful members immediately left their committee-
rooms, abstaining from the usual practice of addressing their
Friends. A vast number of both parties were congregated
together in tha neighbourhood of the Park-read the whole of
the afternoon, and at the close of the polo" the conservatives
departed'in a body towards Toxteth-ball, after which they
shortly dispersed, leaving the chopfallen radicals not only
disappointed in their hopes of victory, but deprived at the
same time of the opportunity of creating a row, unless they
might choose to get up one amongst their own body.
We cannot avoid remarking upon the tardy manner in
which the votes were taken in the Toxteths and in some
other wards. During the first hour in North Toxteth only
92 votes were polled, notwithstanding the approach to the
booth was filled with voters. In South Toxteth only 82 were
polled ; iu Everton Ward the numbers were 168, and in
Lime-street 159. It is possible that defective arrangements
in the former wards might occasion the delays in ouestion—
for in fact the polling-places in both were of the most
wretched description ; but we cannot but think that, even
taking these into consideration, the votes might have been
taken with much greater despatch had the gentlemen taking'
them displayed a disposition to get through business.

MUNICIPAL ELECTION AT WIGAN.—At the election at
Wigan yesterday, no radical candidate was proposed for any
of the wards, and ten conservative councillors were returned

;bout opposition

INVESTMENT OF PROPERTY.—Gentlemen and others who
are investing their money in houses and land would do well
to cast an eve over Mr. Williams's advertisement, which
appears elsewhere. In it will be found some most valuable
property, and a safe made of placing money, with a proba-
bility of a good return.
MORE RAPID TRAVELLING. The important news
brought by the Acadia was transmitted to London by a spe-
cial express. An engine and one carriage ' left the Grand
Junction Railway station, Edge-hill, on Friday night, at 10h.
10m., and reached Birmingham at 12h. 55m., the distance
97 miles, having been performed in 2h. 45m. After some
delay, another engine and carriage were got ready at Bir-
mingham. The train started at lb. 45m., and arrived at
Euston station, London, shortly after the mail train which
had left Birmingham at 12 midnight. The news was printed
in all the morning papers and in an early edition of the
Standard, and copies containing it were in Liverpool by 7,
p.m., just 22 hours after the arrival of the Acadia.

We understand that the Earl of Morton has unexpectedly
and unsolicitedly presented the Rev. Dr. Ralph of this town,
to the living of Aberdour, vacant by the death of the Rev.
Dr. William Bryce, one of the Deans of the Chapel Royal,
and one of her Majesty's Chaplains in ordinary for Scotland.
ST. HELEN'S.—The police of St. Helen's have 'received
orders from Mr. Superintendent Storey to apprehend all
parties hawking goods for sale without a license. Two or
three persons have already been detected in each case. The
fines prescribed by act of parliament were inflicted.
It will be perceived by our advertising columns, that Mr.
Eisenberg, the celebrated chiropodist, has arrived here.
The very flattering terms in which he has been spoken of by
the London press would alone induce us to believe his
visit to this town must result in great benefit to the public
generally ; but that belief is strengthened after perusing many
autograph testimonials in Mr. Eisenberg's possession, from
parties whose rank and great professional attainments render
their opinion in cases like the present of the most indis-
putable authority.
BRINDLEY'S ANTI-SOCIALIST GAZETTE,--expOsing and
replying to the blasphemous and seditious errors of Social-
ism, Mormonism, and Chartism, the 2nd number of which
is now before us,—we confidently recommend as a most use-
ful and well-written paper. The present number for Novem-
ber contains, amongst other articles of interest, a most enter-
taining satire on the Socialist principles, under the head of
" Address of the Beast of Beasts, in reply to a Socialist
Beast," which, in a most pointed manner, shows the absur-
dity of Socialism when reduced to practice. The article on
Mormonism exposes most completely the folly and wicked-
ness of the doctrines of the so-called " Latter-day Saints."
The letter to Feargus O'Connor will also be read with much
interest. Indeed, the number is full of information and in-
struction, and we sincerely hope it will meet with a very
large circulation.
MILNER'S FIRE-PROOF BOXES.—Since the trial of Mil-
ner's patent fire-proof boxes, advertised in our columns of
this day, they have been similarly tested in Hull, Notting-
ham, Leicester, &c., and also previously in Durham, Dar-
r lington, &c., certificates of the satisfactory results of which,
from the leading parties of each town who witnessed the
same, are in the possession of the patentees. In the trial at
Leicester, on Friday last, two boxes were submitted to the
intense heat of a large quantity of Leicestershire coal and
wood, in a state of active combustion, for the period named
below—one completely filled with books, papers, and parch-
ments, the other supplied from the stock of Messrs. Hunt
and Son (agents for Leicester), into which a few loose papers
and deeds only were promiscuously thrown. The result of
the trial gave general satisfaction, and the following letter
has been received by the proprietors:—

" Haymarket, Leicester, Oct. 15, 1841.
" Sir,—Having attended the testing of your patent fire-
proof boxes this afternoon in the cricket-ground of this place,
I beg to apprise you of my entire satisfaction that they are
a perfect security in all ordinary fires, and also I have in my
possession a piece of parchment which I took out of Messrs.
Hunt and Son's box after it had been subjected, for one
hour and a quarter, to a strong heat of wood and 5 cwt. of
Leicestershire coal. The parchment alluded to is M a per-
fect state, and may be inspected by any person so wishing,
calling upon me. Feeling so perfectly satisfied, I consider
it justice, both to you and the public, to make this declara-
tion, and you are quite at liberty to make use of this as you
think proper.—l am, &c. _ _ . .

" JOHN R. EVANS, Chemist
'—See Advertisement.

" To Mr. Thos. Milner.".

SHAMEFUL FRAUD.-----A case was brought before Mr
Rushton, on Friday, of some importance to the public, and
ought to put persons on their guard against purchasing pawn-
tickets from unknown individuals. it appeared from the
statement of Mr. Dowling, and Constable Ainsworth, jun.,
that it has been the practice of certain pawnbrokers in Li-
verpool, to carry on a species of fraud of an exceedingly dis-
graceful nature. The manner in which it is done may be
gathered from what follows :—John Graham, a person well-
known to the police as a suspicious character, was charged by
Constable Ainsworth, jun., with attempting to defraud in.
Williams of the sum of 165., by offering for sale a pawn-
ticket purporting to be the ticket of a watch pledged for
£2 135., with Mr. M'Pherson, pawnbroker, Tithebarn-
street. It seems that upon inakin; inquiry into the value of
the article, it was not worth near the amount of money
stated, and that it was supposed M' Pherson, having a num-
ber of watches on hand which had not been redeemed, re-
entered them into his book, in a fictitious name, for perhaps
three times the amount of the actual value, and afterwards
employed such persons as Graham for the purpose of dis-
posing of these false tickets for such sums as could be re-
alised, and upon the present occasion he had offered for sale,
to William Williams, the ticket as above stated. Constable
Ainsworth said that there was a very material witness now in
the Borough gaol for debt, but who could not be allowed to
give evidence in the court, he having purchased a ticket of a
watch, which when taken out of pledge and examined was
found to be altogether useless. Mr. Rushton stated that he
was sorry it would be his duty to discharge the prisoner, the
evidence not being sufficiently strong for a conviction. He
regretted this the more as lie conceived such a system ought
to be dealt with in a severe manner. Had it been possible to
have had the evidence of the person at present confined for
debt, and the evidence thereby rendered complete, he would
certainly have committed M`Pherson on the charge of con-
spiring to defraud ; but the evidence not being complete he
would discharge the prisoner.

TEN LIVES LOST AT BLYTII.—A truly melancholy ac-
cident happened at Blyth, on the morning of Thursday last,
when ten lives were lost by the upsetting of the life-boat.
It would appear that the Sibsons, of Blyth, had appeared off
that place, from Archangel, when the owner of the ves-
sel, Mr Joseph Hogson who is also intrusted with the
charge of the life-boat, resolved to man the boat, as is
customary, to try if she is sea-worthy, and at the same time
to convey instructions to his ship in the roadstead. Mr.
Hodgson, Mr. H. Debord, and a crew of ten men were in
the boat ; and when they had got into the open sea, which
was very high at the time, a wave struck the boat and
capsized it. Three or four of the unfortunate men succeeded
in getting on the bottom of the boat, which was seen slowly
drifting towards the beach, where some hundreds of anxious
spectators were waiting its approach to the shore, and ready
to render every assistance ; sea after sea broke over the
hapless men who were still clinging to the boat's bottom,
when the whole were washed from their precarious holding
into the roaring surf. It was not long, however,
till they
were drifted within reach of those on the beach, who plunged
in, with the most praisworthy zeal, to rescue their fellows
from a watery grave. In a short time Mr. Hodgson, Mr.
Debord, Henry Kinch, and John Hepple, were got out alive,
but much exhausted ; Mr. Hodgson and Henry are
Kinch
recovering, but Mr. Debord and John Hepple, expired soon
after. The event has plunged several families into the
deepest grief, and created a general gloom in the neighbour-
hood.—Newcastle Journal.
Six persons renounced the errors of Romanism in St. An-
toine's church, Dublin, on Sunday.
Queen Christina is said to have saved £4,400,000 daring
her regency.

COUB.T OF PASSAGE.—FRIDAY, 29TH OCTOBER
(Before CHARLES CROMPTON, Esq., Assessor.)

CONNOLLY V. MOILINAIID

This was an action to recover the sum of £l9los. for meat,
drink, and necessary attendance, supplied for, and at the re-
quest of the defendant, to Margaret Tipton, and for work
and labour done. The defendant pleaded that he was not
indebted and on this issue was joined.
Mr. MURPHY, M. P., who appeared for the plaintiff,
having recited the several counts in the declaration, said the
plaintiff was a poor widow keeping a lodging house in this
town, and the defendant was au extensive wine merchant,
also holding the office of French consul at this port. Some
time in the year 1840 he had a female servant in his house,
named Margaret Tipton, who was possessed of considerable
personal attractions. A slight lapse took place between her
and Mr. Morinaud, the defendant. The consequence was,
that Mr. Morinaud, being a married man, and not wishing
that the matter should come to the ears of Mrs. Morinaud,
felt it necessary to remove her for the purpose of her accouch-
ment to some place beyond the observation of his wife. He,
therefore, took lodgings for her at the house of the plaintiff,
In the month of May, 1840, to whom he agreed to pay 12e. a
week for her board and lodging, during the time the girl re-
mained there. It would appear in evidence that she remained
there from the 20th of May, 1840, to the sth of February.
1841—a period of 27 weeks, which, at 12s. a week, would
amount to £lB 10s., which added to £1 for the attendance of
the nurse, during the accouchment, would make the amount
he (the learned counsel) sought to recover by the verdict of
the jury. The mode by which he sought to fix Mr. Mori-
naud with this debt, and lie had no doubt whatever of being
able to do it, was by showing that he had gone to the plain-
tiff's house over and over again, to see Margaret Tipton, as
often as three or four times a day—that he had exhibited a
great deal of solicitude for her during the period of her ac-
couchment, and that he had more than once promised to pay
the amount then due. He should show that on one particular
occasion Mr. Morinaud had taken her into Cheshire, and re-
mained with her all night—that when they came back, he
repeatedly enquired after her comfort, receiving the satisfac-
tory assurance that she felt as comfortable as, under the
circumstances, might be expected. It would further be
proved in evidence that in consequence of some arrears of
rent not being paid, the plaintiff, who, as he had said before,
was a widow woman, wanted money to discharge them, par-
ticularly as the bailiffs had been put into the house. If the
money due for the maintenance of Margaret Tipton were
paid, she thought it would have saved her from this impending
visit. She therefore employed a female named Doyle, whilst
the bailiffs were in the house, to wait upon Mr. Morivaud to
represent her destitute condition, and to ask him to advance
the amount of £lO. This woman would tell the jury that Mr.
Morinaud the% said that the account which she had put into
hand was correct, but as he had not at that moment sufficient
money to pay it, he would call and settle it very soon. The
matter went on ; the plaintiffs things were seized ; and she
had not up to this moment been paid by the defendant, ac-
cording to the terms of the agreement, which were, that, so
long as Margaret Tipton remained in the plaintiff's house,
be, (the defendant,) held himself liable for the charge of her
maintenance. This poor woman, however, was not able to
bear the expense of sustaining her, and as she was not able
to support herself, she was at length removed he believed by
the parish ; and now he, (the learned counsel,) appeared be-
fore the jury, to claim eompensation:for her board, lodging,
and attendance, amounting to £l9 10s. ; and under the cir-
cumstances, he thought the jury would say that the plaintiff's
demand was not unreasonable.—The learned counsel then
called—

Mary Connolly, daughter of the plaintiff. She commenced
her evidence by identifying the defendant, who sat imme-
diately in front of Mr. Venables, who appeared for him. She
recollected Margaret Tipton coming to reside at her mother's
house in May, 18-10: she remained there till April, 1841.
Mr. MURPHY here explained to the jury that the plaintiff
only claimed up to February, in order to bring the amount
within the jurisdiction of the court.
The examinatios of the witness being resumed, she pro-
ceeded to state, that in August Margaret Tipton was confined
of a daughter, and she was nursed for one month. The
terms of the agreement were, that she should be lodged and
boarded by the plaintiff at 12s. a week and £1 for nursing.
Witness had frequently seen Mr. Morinaud at her mother's
house in the period between May and August, sometimes as
often as four and five times a day. She followed him out,
when he sent for her. Before she was confined, witness re-
collected going to the pierhead perfectly well ; on that occa-
sion Margaret Tipton and Mr. Morinaud went across the
river together, and they did not return that night. In May
witness recollected her mother asking the defendant about
the board and lodging, and he then asked Margaret if she
was satisfied with them, and she replied that she was as
if she was at home. Something was then said about pay-
ment. Mr. Morinaud asked witness's mother if she was
willing for Margaret to stay at her house; she replied she
was if he would pay all demands for her, and he replied that
he would be answerable for all until he sent her home, as he
intended very shortly to send her to her parents. He did
not mention any time up to which be would pay, nor was
anything said about the time of Margaret leaving. Mr.
Morinaud never came after the child was born.
By the ASSESSOR.—He came to our house up to within
two weeks before the child was born. He did not come to
enquire himself how she was during her confinement, but he
sent agpntleman.

By Mr. MURPHY.—She remained with us till February,
1841. The parish relieved her from that time, at our house,
till she was taken to her own parish, which was on the 26th
of April.

In cross-examination by Mr. VENABLES on the part of
the defendant, the witness said she was 22 years of age and
unmarried. She was living with her mother who used to
keep a small shop, but she gave it up about twelve months
ago, and she had since maintained herself by keeping lodgers.
They had no lodgers, neither " ladies nor gentlemen" when
Margaret was brought ; nor had they any occasional " visi-
tors." Witness spent her evenings at home sometimes in
sewing, and never walked out in the way he (the learned
counsel) meant. 'Witness was quite sure she had never been
married j and her mother had been a widow for eighteen
years. Her mother was sent for, before Margaret was brought
into the house, by Mrs. Rowan, the next door neighbour,
but Margaret did not come that night, nor till the morning
of the 20th of May, a week after Mrs. Rowan had called.
She did not see Mr. Morinaud till a fortnight after Margaret
came. Witness did not know Madame Morinaud; she never
saw that lady with the defendant at her mother's house.. Mr.
Morinaud never remained all night at witness's house, nor
all day either, but he came often enough. Witness did not
know what he came about. She could not tell where Mar-
garet was now; she was not in court. Mr. Morinaud never
came to witness's house before Margaret was brought there.
It was the first time he called that he said he would pay all
expenses till he sent Margaret home, and this would be in
May or June ; he called again and said he was going to take
her to London, and he asked for the bill. He did not say
that he and Mrs. Morinaud were going to France through
London, and they would take Margaret with them. Her
mother had got X 1 16s. from Mr. Morinaud by instalments ;
witness had heard her ask him for money ; he always made
excuses, and said he would send it. Witness was quite posi-
tive that Mr. Morinaud came to their house to see Miss
Tipton repeatedly, and sometimes four or five time a day ;
and she never heard him tell her she might go to France with
he and Madame Morinaud, in her mother's presence. Wit-
ness was not in the habit of walking out with Miss Tipton,
although she dined and slept with her. She was not in the
habit of walking out with people in the manner the learned
counsel meant. Her mother afforded to keep Miss Tipton
during all the time without receiving any money for her
board by working. She worked at sewing. Miss Tipton
never worked at all. Witness was never at Mr. -Morinaud's
house.

In re-examination by Mr. MURPHY, the witness declared
there was not the slightest foundation for the insinuations
which had been levelled at her character. Her mother
thought Margaret was a poor girl who had been deluded, and
therefore she protected her. Mrs. Rowan would have none
but gentlemen lodging at her house, and witness believed
that was the reason she applied to the plaintiff on behalf of
argaret.

Jane Doyle, one of the plaintiff's neighbours, said she
knew Margaret Tipton when she resided in the plaintiff's
house, and had repeatedly seen Mr. Morinaud go there. His
visits were a matter of observation ; every neighbour spoke of
them. On the 6th of October the plaintiff became em-
barrassed ; the bailiffs were in her house for rent; and at her
particular request witness took an account of hers to the de-
fendant, and gave it to him. She stood in conversation with
him for a quarter of an hour, and told him of the distressed
situation of the plaintiff. lie told her the account was
£lO 145., and he had not cash enough in the office to pay it,
but would come and bring it as.soon as possible. The bailiffs
Nvere not satisfied, and they took all the plaintiff's things,
and that night neither Margaret nor the child had anything
to sleep upon. He said nothing about the account being
either right or wrong, but that he would collie and pay it.
Cross-examined,—Mr. Morinaud's office was in Sweeting-
stteet, near the new bank. At the request of the learned
counsel she here pointed out Mr. Morinaud, who was in the
attorneys' seat. 'Witness had never seen Mrs. Morinaud
call at Mrs. Cunolly's. Had been a neighbour of the plain-
tiff's tor twenty years.
This was the plaintiff's case.
Mr. VENABLES then addressed the court and jury on be-
half of the defendant. He commenced by saying that it was
neither his habit nor his wish to attack the character of
females who might be placed in the witness-box ; but when
he was instructed that particular facts might be elicited on
cross-examination, lie thought, and he should always think it
his duty to his client to sift them as far as lay in his power.
Ile hoped that in the cross-examination which it had been
his duty to make on the testimony of Mary Connolly, he had
not stepped beyond the bounds,or exceeded the license, which
counsel retained for defence were entitled to use, parii:ilarly

as the particulars which he had endeavoured to elicit formed
part of his instructions. Had he not exercised the power
which he possessed as counsel for the defendant by pursuing
the instructions he had received, he should have been guilty of

a breach of duty to the interests of his clients. He therefore
made ❑o excuse for the line of conduct he had adopted.
Mr. Murinaud, the defendant, was a gentleman of rank and
influence, holding the office of French consul at this port.

He resided at Birkenhead, but his office was in this town.
It happened unfortunately for him, that the kindness of his
disposition towards an unprotected female, who had had the
misfortune to be seduced in his house, had brought upon him
all the difficulties of his present position. The young woman
of whom they had heard, was, as his learned friend had said,
possessed of considerable personal attractions ; and she was
an excellent servant. She had been in the service of Mrs.
Morinaud for some time, when that lady, who was a foreigner,
e actingst
streets,
o cold a
f l
discovered that she had become pregnant. Knowing that
i leu
instead a
victim
ietti fm t
tor e the e
s, arts.with
withh
al
the girl had erred from the path of duty, not from vicious
1 si Lei
dc lui ric
ea
rt
,i o
whomri, b u t
he that a t
shouldshe had fallen
a
repulsiveness, and turning the girl into h o
her shame upon her, both Mr. and Madame Morinaud deter-
minedeoeh
etno l h
n i
td ;
e e
to keep her in their service ; they determined
her shame, to protect her in the time of her f1..,u
to endeavour to reclaim her intoithe path of duty ; and, in
short, to take her with them to France, as their servant still,
She left the service of Mr. Morinaud, at a moment's notice,
yet her wages were actually settled ,
• Rowan, she came
\i to Liverpool,coolly
and made the acquaintance of Mrs.
at the solicitation of Mrs. Rowan, providcl'.herrs.wit
lodg-
ings. lle found no fault with thei manner in whichb Mrs.
Connolly had taken her, because Is le had treated er. with
kindness up to the time she a
of which she was 'lwas brought to bed of the infant
t ien pregnant. He supposed that Mrs.
Conolly had protected her, and foundwith sustenance u
to that time. Mr. Morina'ud, with thhaetrkindnessofdisposip-
tion which he had from time to time shown to this poor girl,
had before allowed her to wait at table in a state of pregnancy,
as would be shown by the evidence of a gentleman whom he
should call, and could they believe that .Madame Morinaud
would have permitted a woman in a situation of pregnancy
to her own husband to have officiated in her houseold to
have waited at her table, or to have remained in the house
for one moment ? It would be a strong fact before the
jury, with which only he could meet the assertions that
had been made, namely, that Madame Morinaud was cogni-
zant of the situation of the girl, that she was protected by
both her and her husband, and that it was not until they
were about going to France that Mr. Morinaud said he would
settle whatever might be due to Mrs. Connolly on account
of the girl. He had shown by the admissions of Mrs. Con-
nolly herself it was only upon that occasion that money was
mentioned by Mr. Morinaud. If this were the . fact, the
alleged undertaking was one by which in point of law Mr.
lgorinaud was not bound. Mrs. Rowan took Margaret to
the plaintiffs, and no application was made to the defendant
for payment till Mrs. Doyle went to him on the 6th October.
He hadno doubt whatever that Mr. Morinaud, with the
kindness of disposition which characterized him, did say to
tier " I have no money now to give you, but when
will send it to Mrs. Connolly and Margaret
Tiptontejl
ur y h;
would 'a:v hise
whole motive was one of kindness, and surely the
not visit the kindness by which he was influenced with the

moment
,ances be had named,
with which Mary Connolly gave
ant, to say that Mr. Morinaud was
Tipton's child, and that be had con-
' rs. a week. His learned friend
`o pay 12s. a week, but he had
,u prove it. There was no evidence to
u even introduced the girl to the plaintiff's,
special sum to her. He could not call
witues.>. At Mary Connolly was, but he should
call witnesses who,. , testimony would chew that it was im-
possible she could have spoken the truth ; and if they found
her wrong in any of the facts she had stated be apprehended
the jury would receive with suspicion the rest of her evi-
dence. In conclusion he begged to say be was very sorry
that Mr. Morinaud should have been dragged into a court of
justice in a case which seemed to put an im
before coming to a
conclusion, would weigh the evidence given on the part of the
plaintiff, and ask their own minds whether it was consistent
with the character and position of the plaintiff. The learned
counsel reminded the jury that it was not till the plaintiff
was about going to France that an application for money was
made to him, and he concluded by saying that he should
have discharged his duty when he bad examined the witnesses
he had to call.
Mr. "William Darlington, wine merchant, of Liverpool,
was then called as a witness on the part of the defendant.
He said he recollected going to the plaintiff's house in June
or July, at the request of the defendant. Mr. Snowball, at-
torney, was with him. Mrs. Connolly said a neighbour, next
door, had brought Margaret Tipton to lodge in her house,
and that she was in the family way by some gentleman, and
that about two or three months after she had been there,
Mr. Morinaud called to take her away, at which time he pro-
mised to pay for her board. She did not pretend to say that
he had ever promised to pay before. Nothing was said about
her returning into his service. Mrs. Connolly did not say
upon what pretence Mr. Morinaud wanted to take the girl
away. Witness did not hear the word " France" used. Mrs.
Connolly did not pretend to know who was the father of Mar-
garet's child ; but there was some talk of Mr. Morinaud be-
ing so. Witness thought that such was the plaintiff's im-

'userved the

deuce on tiIIS
ler of Margare

to ;hew

pression.
Cross-examined.—Are you not aware, or has Mr. Mori-
naud never told you, that he went to Shrewsbury, to which
parish Margaret Tipton belongs, and that he there agreed to
support the child ?—I believe that they compelled hint to do
so, and that Mrs. Connolly was one of the witnesses.
Mr. Snowball, attorney, examined by Mr. VENAULES.—I
believe you have been in the habit of visiting Mr. and Mrs.
Morinaud ? I have.—Do you recollect this girl, Margaret
Tipton, being there ?—I saw her once ther‘in the year be-
fore last, in the summer. She was waiting at table : myself
and Mr. and Mrs. Morinaud were there. It was a private
dinner.—Was she in the family way ? She was very large
indeed, in the family way.
Have you been in the habit of visiting there ?—I have visited
there several times.
Do you remember them going to France ?—I remember
Mr. Morinaud going to France, and I think Mrs. Morinaud
went with him.

Cross-examined by Mr. Mußmy.—Did you not go to
Shrewsbury ?—I did not.
What year was it when she was so large in the family way?
I think it was in June twelve months ago.
I suppose, Mr. Snowball, you have a little knowledge that
way ? (Laughter.) Do you not know that there have been
some quarrels between Mr. and Mrs. Morinaud o❑ account
of this matter ? I believe quite the reverse ; for Mrs. Mori-
naun spoke to me upon the subject when the parish made

him pay. •
Mr. Morinaud had address enough to satisfy his wife that
he was innocent of the charge ?—Mrs. Morinaud gave me
instructions in fact : I was attorney in the matter, but I did
not go to Shrewsbury.
What is the allowance, do you know ?—They gave me a
paper : it is half-a-crown a-week. (Laughter.)
Re-examined by Mr. VENNELES.—Then I understand
Mrs. Morinaud was perfectly cognisant of the situation of
this girl ?—Perfectly.
Did she ever express her suspicions that Mr. Morinaud
was the father of the child ? No ; on the contrary, she
doubted it very much indeed.
With these witnesses the defendant's case closed.—Mr.
MURPHY in his reply commented strongly upon Mrs. Mori-
naud's name having been introduced, observing that it would
have been better for the defendant's respectability if he had
not instructed his learned friend to mention it ; also upon
the attempt to blacken the character of the plaintiff and her
daughter; and on the statement made by the counsel for tht
defendant that he should prove the defendant was not the
father of Margaret Tipton's child, by naming the man who
bad seduced her.
The ASSESSOR in summing up, told the jury that the
only question for Welt- consideration was not whether the
defendant was the father of the child or not, but whether
the charges of the plaintiff for the board and attendance of
Margaret Tipton were incurred upon his credit.
The jury found a verdict for the plaintiff: damages
£l9 10s.

SATURDAY,

MR. M'CREA'S " VOLUNTARY" CHAPEL AT WATERLOO

CASSON AND ANOTHER, EXECUTORS, V. M'CREA

This was an action in a common pleas record to recover
the sum of £l9 Os. 9d. from the defendant. Mr. JAMES
appeared for the plaintiffs, and Mr. VENABLES for the de•
fendant. _ _ .

Mr. JAMES said the plaintiffs iu this case were Thomas
Casson and Ebenezer executors of the will of Thomas
Pearson, deceased, and the defendant was the Rev. John
Benjamin M'Crea. The action was in debt for goods sold
and delivered by the testator in his life time, and upon an
account stated ; the defendant pleaded by denying that he
was ever liable to pay. The late Mr. Pearson was a timber
merchant, and the Rev. Mr. M'Crea was a gentleman who,
having come from the sister country where be had obtained
considerable eminence in his profession, settled at Waterloo,
near this town, where he acquired to himself a considerable
number of friends. There being no chapel belonging to the
defendant's persuasion (what it was, whether Independent
or not be could not say, for he did not know), in that place,
he thought it would be advisable, for the interests of the
community, that one should be erected.- He accordingly set
about this object in good earnest, and he obtained from
among his friends subscriptions to a considerable amount for
the purpose of building a chapel. In the course of last year
a chapel was erected. After it was erected, the defendant
made arrangements with Mr. Waddington for the land; and
upcn the 19th July in the present year, the land upon which
the chapel was erected, was signed over to Mr. INl`Crea for the
term of 500 years. Mr. M'Crea since that time had been in
legal possession of the chapel, and of the land upon which it
was built. The action was brought to recover £l9 Os. 9d,
the amount of timber supplied by the late Mr. Pearson in
his life time for the purpose of being placed in the
roof of this chapel. Mr. M'Crea, in the most unac-
countable way, for he (the learned counsel) could assign no
reason for it, nor could he imagine what the defence would
be, had hitherto refused to pay for that timber. According
to his (the learned counsel's) instructions the reverend gen-
tleman had paid other people who had supplied not only
labour, but materials in the erection, yet he refused to pay his
clients, the executioners of the late Mr. Pearson. That the
timber had been supplied there could be no doubt. He was
instructed to say, he should be able to prove this fact in the
clearest possible way, for he should call before the jury the
very parties who had conveyed the timber from Mr. Pear-
son's yard to the chapel of Mr. M'Crea, the joiner who had
unloaded it, and placed it, by the direction of Mr. M'Crea,
in the roof of the chapel, and when he had done that, there
could be no doubt whatever of its having been supplied.
What Mr. M'Crea could say to this he (the learned counsel)
was at a loss to conceive. He should prove that Mr.
111`Crea was in possession of the chapel, and that he was the
party who had obtained, and would obtain, every possible
benefit that could be derived from the use of the chapel, he
being the legal owner of it, having it under his own sole and
proper control ; therefore he was the party to be benefitted
by the use of this timber. But he (the learned counsel)
should go further than that. He should show that Mr.
M'Crea had been the party who had paid the workmen, who
bad paid other persons for supplying other materials to erect
the chapel, and when that was done he should be justified in
calling upon the jury to give him a verdict, unless his friend
should set up a defence (which he did not at all anticipate)
that would satisfy them Mr. M'Crea was not liable. Having
produced his evidence, he should leave the matter in the
hands of the jury, subject of course, to any remarks that
his learned friend might think proper to make.
John Clifton, a carter, was the first witness called. Mr.
M'Crea's chapel was erected during the course of last year.
Sometime during the winter, witness who was in the service
of Mr. Brining, was sent by his master to Mr. Pearson's
i yard n James-street, for a cart load of timber, which he
brought home to his master's house, in Waterloo. Witness
had borrowed a cart for the purpose. The timber was left
an the cart all night, outside the gates. Could not recollect
whether he asked at. Mr. Pearson's yard for timber for the
chapel. The timber was removed the next morning, but not
by witness

Cross-examined
the timber. _

—Could not tell in what month he fetched

Re-examined.—Believes he fetched it during last winter.
The cart was borrowed from John Bradley.
James Wright, a carter in the employment of John- Brad-
ley, proved that in the last winter his master's cart was lent
to the last witness to fetch a load of timber. The next morn-
ing the cart being wanted, witness went to Brining's for it,
and found it outside the gate. He took the timber to Mr.
M'Crea's chapel, and William Webster, a joiner, who was
working there helped him to unload it.
Mr. -VENABLEs cross-examined the witness as to the time
that this happened, but without eliciting anything material.
William Webster, joiner, of Waterloo, said be was em-
ployed as a joiner in the erection of Mr. M'Crea's chapel.
He went there in the mouth of April, last year, and remained
till July, in the present year—all the time. He recollected
the last witness Wright bringing a load of timber to the
chapel ; it was about the 15th or 16th of October, 1840. It
was the only occasion that witness was aware of, of his bring-
ing timber. Witness helped him to unload it. The timber
was put into the roof. The witness then described the se-
veral pieces of timber, and was asked some questions as
to the value of them ; but it is immaterial to give his testi-
mony on these points. Witness helped to unload a second
load of timber which came from Mr. Pearson's, on the 27th
October. The whole of this load was used in the ceiling.
The defendant generally paid his wages after April. The
defendant came to the chapel whilst witness was engaged in
Putting the timber into the rocf ; sometimes he came two or
three times a day, and sometimes he did not come for a day
together. He never gave any particular directions. Mr.
M'Crea paid witness his wages during the whole time he was
engaged in fitting the timber in the roof ; and witness had
oftener than once heard him say the chapel was his own.
Remembered fetching timber from John Padley and others
at
different times for the use of the chapel; had always the
directions of Mr. M`Crea to do so, who had given him money
to pay for it. He had given witness money more than once
to pay for the timber at Charles Padley 's • and he had also
given him money upon several occasions. to pay for other
things. . _

Cross-examined—Witnesst was a journeyman working upon
his own account at this
e_t Heath about the premises..
He had seen a person time. aMr. WCrea employed him
The chapel was not finished yet, divine service began to
be performed in it about May Mr. M'Crea was the
to up to the present time.
officiating minister, and continued 11
There was a subscription raised
build
the chapel. Mr.
ad received payments
Heath was the treasurer. Witness
the time the chapel
from Mr. Heath, who gave orders duringllajbworkmen three
was building. Witness had seen him
The worse
men a
times, but had never seen him pay for
Heath r°
men he paid were witness himself and another
job from him to make some pews. Mr.
orders for the replacing of the roof in witness's hearing, nut give
did he ever him say he was going to replace it. ;',,Ting, nor
came sometimes when the roof was being replaced, 1,./Icleath
it would be a far better roof than it was before, and he gave
some directions concerning- it, but witness does not rent-eav-
ber what. Mr. M'Crea gave no particular orders or directions
about it, but he "used to say it would be a good thing when
it was done. Witness had been paid for his work in repiae_
ing the roof ; not by Mr. Heath but by Mr. M'Crea. Mr.
M'Crea paid him for all the work that was done with the
two loads of timber from Pearson's. Swears this positively.
Re-examined.—Witness does not know whether the pews,
for which Mr. Heath paid him, were erected for himself; but
he supposes they were for anybody who would take them.
The transaction as to the pews took place about last June
but one (1840).
Mr. JAMES, said he was
Charles Thistleton, examined by
in the employment of Mr. Pearson during his lifetime, and
he remetobered
making
out and sending by post to the de-
fendant in December, 1840, an invoice for some timber. It
was addressed to "The Rev. J. B. M'Crea, Waterloo TV-

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