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

SOUTH LANCASHIRE SPRING ASSIZES.

CROWN COURT.—TUESDAY.
TRIALS OF CHARTISTS.
The,ATTbRNEY-GENERAL directed that William Vickers
Jackson, George Henry Smith, Christopher Doyle, and John
Kaye should be called.
Mr. liciriciss again rose, and said that the traverses of
these parties had not been entered.
His LORDSHIP said it was impossible to conceive that this
continued delay had arisen from any thing less than inten-
tional disrespect to the court. He should order the recog-
nisances to be estreated.

Mr. Sergeant ATCIIERLY detailed the circumstances o!
the case to the jury; but as kis speech was principally a re-
capitulation of the evidence, is unnecessary to follow the
learned counsel in his remarks. He observed that Jackson
had been a minister of the Wesleyan Methodists, a body of
Christians of whom it was impossible to-speak with too high

respect.
Walter Smythe, a police-officer, of Manchester, deposed,
that on the 25th Jnly,last he attended a public meeting,at
. .

Hulme. He saw Jacicson, Doyle, and Smith there. He did
not know who was in the chair. After the chairman, Smith

was the first person who had addressed the meeting. He
spoke at considerable length. Witness had made notes of
the sayings, which he produced. Smith, after holding forth
against the church, said he was armed, and he advised every-
body to be the same. Unless the charter were granted within
a limited period, he would tell Mr. Spy that it would be ob-
tained by means that would for ever destroy his employment.
The crowd gave three groans for the police spies. A man
named Quin was pointed out as a person in disguise belong-
ing to the old police force. Smith announced two other meet-
ings for Wednesday and Thursday, in Travis-street, Man-
chester. Doyle spoke at the meeting about the poor-law, and
followed Smith in. his remarks on the necessity for arming.
He alluded to the approaching national holiday, and said,
perhaps many would ask him how they were to live without
work ? They must live as be had done, by a pointed argu-
ment. Smith said he had to attend another meeting that
evening, where more would be done than police spies could
prevent. Jackson presented himself, and was received with
applause. He said he set the authorities at defiance, and did
not care for the bloody police. He spoke of the necessity
for arming ; but witness did not recollect his precise words.
On the 25th July witness attended a meeting in Travis-
street, at which Smith and Doyle were present. Smith, at
that meeting, moved a resolution, to the effect that the meet-
ing pledged itself to carry into effect a system of exclusive
dealing, as a means of forcing the middle classes to join or
contribute to the charter. The question worked well in
Hulme, and before long it would be established from the
Land's-end to John o'Groat's. He then spoke of the eco-
nomy of her Majesty's government, in having granted seven
thousand pounds for the erection of her Majesty's stables.
Mr. BRANDT put it over and over to the witness, whether
it was 1:7000. _ _

The defendant Smith—lt was £70,000. (Laughter.)
Witness—He did not blame the Queen—it was not her
fault—he did not blame Lord Melbourne, nor Lord John

Russell—but he blamed, John Taylor, of the Manchester
Guardian ! (Loud laughter.) It was him and such as him!
(Renewed laughter.) He said, he did not care for pig-meal
(aot pigmy) Jack. Witness understood Lord John Russell
to be called pigineal Jack. (Laughter.) Taylor had insulted
the body of chartists, for he had said that the meeting of
the preceding day consisted of only about five hundred
people, of whom about fifty were boys ; but that meeting
would lead to no child's play, for there were at least 4000
people at it. After what had taken place at Birmingham, he
would never attend another meeting without coming prepared
for the worst, as he then was. Ile would not tell them to
do it, but he would tell them what he did in the case of being
laid hold of by any of the Potters in the quiet discussion of
his own affairsu Mr. Potter was the mayor of Manchester.
As for little Jo*, if he applied to him for a character, he
would give him such an one as would prevent him ever get-
ting employment for the future. If force were used against
him, he must resist it. He advised that person who was a
spy to begone. A man, who stood behind witness said, the
first person who laid a hand upon him he woutd lay him dead
at his feet. The speaker proceeded, that if any of the police
interfered, they should have such a reception as Manchester
had never seen before. How had the Americans got their
independence? By physical force. Then, why should they
not do the same ? Witness spoke of another meeting at
which a person named Linney was in the chair. There was
a banner held up at that meeting, on which-was an inscrip-
tion to the effect, that every man had a right to one vote for
his representative in right of his existence, and the title deed
was in his person. Jackson advised that they should be
armed. It was useless to leave their arms on the mantel-
piece ; they were to bring their arms concealed, and if they
were Peterlooed, England should be in flames from one end
of the country to the other, and the soil should teem with
blood. On the 31st July, there was another meeting at
which Kaye was in the chair. He detailed a conversation
which he had had with Colonel Wemyss, in which the latter
had asked him what they could do against the soldiery. He
replied that they had destructive instruments to throw
amongst the cavalry to disable the horses, which would fall,
and then the soldiery would be at the mercy of the thou-
sands. Smith addressed the assembly as " fellow-country-
men and fellow-slaves." He said they should he prepared
with muskets. If a soldier were' to be knocked down, they
could take his musket and sword from him. He told them
fo meet next Sunday at the 'collegiate church gates, and
make as good an appearance as possible, as they might as
well sit on the soft cushions as the factory lords. When
they had filled the church, they were to go to Jackson's
room in Oxford-road. Witness deposed to another meeting
held on the following week, at which Jackson spoke.
Mr. Murphy cross-examined at considerable length.
James Macdonald, an inspector of police at Manchester.
He had attended the meeting at Hulme on the 23d July.
Smith was there, and he spoke very violently of Government,
and said it would be necessary for every man to be prepared
as he was. The people shouted, "we are also prepared."
He said he was going to attend another meeting that night,
at which something of importance would be done, and no
spies would be admitted. Christopher Doyle was there. He
spoke generally of the weight of taxation throughout the
country, and of the national debt, the interest of which, he
said, was twenty millions. He spoke of the inutility of sup-
porting kings and queens at such an enormous expense. All
should be prepared with arms against the coming sacred
month. Physical force was the only means of putting a stop
to these abuses. It would be necessary to be provided with
arms, and if an outbreak should take place, he would be one
of the very first to pull a trigger in defence of the charter.
Some one, as the meeting broke up, fired a pistol.
J. S. Howell, clerk in the Borough Police-office of Man-
chester, stated hat, on the 24th July last, he attended a
meeting in Travis-street. There was a tri-coloured flag
elevated, on which was the inscription, " The Rights of
Man." This witness, as well as William Robinson, Thos.
Taylor, Percival Jefferson, Joseph Saddler, and Mr. Bes-
wick, the chief officer of the Manchester new police, gave
testimony in support of the charges against the defendants.
Mr. Saddler, who is the head-constable of Stockport, on the
sth August last searched the house of Mr. Thompson, gun-
maker, of Stockport. He found there a letter, which was
read to the Court. It was an order for six guns, and con-
tained an assertion, that the writer (the defendant Smith)
could dispose of some hundreds.
Mr. MURPHY addressed the Jury on behalf of the de-
fendants. He contended, generally, that the testimony of
police-officers, who trusted to memory, and did not write
their notes till some time after the words were uttered, was
unworthy of serious attention. The learned gentleman spoke
at considerable length, and with much energy and eloquence.
Mr. Serjeant ATCHERLEY replied.
His LORDSHIP commented minutely upon the evidence,
separating the points, which indicated that the meetings and
speeches had a seditious tendency from those which merely
exhibited notions which the defendants, in common with all
others, have a right to entertain. His Lordship thought the
evidence of conspiracy against Kaye was but very slight, how-
ever, it was for the Jury to judge whether be had not had a
common object with the others in attended the meeting, at
which he presided as chairman.
The jury, after consulting a few moments in the box, re-
tired at half past three o'clock. They returned at a quarter
past four and found Jackson, Smith, and Doyle, guilty on
all the counts, and Kaye, of being at a seditious meeting.
THE QUEEN V. DARKER AND DAVIDSON.

William Barker and Frederick Davidson were charged
with seditious conspiracy and riot, at Manchester, on the
12th August last. The defendants had traversed since last
assizes.

Counsel for the prosecution as in the last case, Mr. Wilkins
defended.
Richard Beswick stated that on the 12th August last, the
day when the national holyday was to be celebrated, he re-
ceived, early in the morning, intelligence of a riot at Mr.
Marsden's mill. He went there, and found the two defend-
ants at the gate of the works, at the head of a great mob,
whom they appeared to be directing and controlling. They
were kicking furiously at the gate, calling to those within to
turn out the hands, and to the mob to come on. The two
prisoners were captured. He received a dagger from a con-
stable, called Booth. [This weapon, a very formidable in-
strument, was produced.]
Joseph Holmes stated that, on the 12th August last, he
was engineer at Mr. Chappell's mill, which was not far from
Manchester. About half-past five o'clock in the morning, a
mob of two hundred people entered the yard, and made them
stop the engine, This put a stop to the working of the fac-
tory, and the hands were turned out. He saw them go to
another factory and act in a similar manner. On cross-exa-
mination, the witness said a great part of the mob consisted
women and children.
Thomas Lomas, an inspector of the Manchester police,
deposed to having seen the crowd, with the two defendants
amongst them, go to several mills and attempt to get the
works stopped.
The manager of Mr. Marsden's mill stated, that the walls
about the mill and the gates were covered by people when
Mr. Beswick and the police came up. Archibald M`Mullen
stated, that Barker threatened to stab him, and produced
the dagger above mentioned, which was taken from him by
him and Booth.
The jury found both prisoners guilty, and the Attorney-
General moved that they stood committed.
His LORDSHIP said, he did not wish to interfere, but he
wished to know if it were intendato proceed with all these
cases.

Mr. MURPHY said, perhaps it might be conceived that,
now a sufficient example had been made to answer the ends
of public justice, and he was ready to undertake, on behalf
of the other defendants to give bail for future good behaviour,
and that they should appear at the bar if they offended again.
The ATTORNEY-GENERAL intimated that he should pro-
ceed. He could nut do otherwise ; he had a public duty en-
trusted to him, and it was in some measure an anxious one,
as his lordship knew.
_ _ THE QUEEN V. LEECH.

James Leech was charged with a seditious conspiracy and
unlawful possession of arms at Manchester.
The ATTORNEY-GENERAL said, at the outset of the case,
that if the prisoner would express his sorrow in any way for
what he had done, he would accept the defendant's own re-
cognisance to appear and receive judgment when called upon.
His LORDSHIP explained to the defendant, after his plea
of guilty had been recorded, that he would be liable to be
called up immediately to receive judgment if ever he attended
any more of these meetings.
The defendant was then set at liberty on his own recogni-
sance of £2OO to appear to receive judgment when called
upon, and to keep the peace for two years.
It was stated that, in accordance with the Attorney-Gene-
ral's motion for the commitment of the convicted defendants,
James Bronterre O'Brien, Wm. Vickers Jackson, Reginald
John Richardson, Wm. Butterworth, and those convicted to-
day, were now in custody of the gaoler.

NISI PRIUS COURT.—TUESDAY.
GAY V. MARTIN.
This was a special jury case, appointed to come on this
morning. The action was brought by Mr. Gay, a travelling
jeweller, against Mr. Martin, the proprietor of the Saddle
Inn, Dale-street, to recover the value of a large amount of
jewellery,. which, as our readers will remember, was stolen
from the Saddle Inn, some few months ago, without, how-
ever, any impuation on the ,servants of the establishment.
When his Lordship had taken his seat,
Mr. WIGIITMAN, on the part of the plaintiff, intimated to
his Lordship, that an arrangement had been made by the
parties, by which his Lordship and the Jury would be re-
leased from trying the case. Mr. Gay, though a loser to
a large amount, nearly £1,700 by the abstraction of a quan-
tity of jewellery from the house of the defendant, under cir-
cumstances, however, which excited no reflection on the de-
fendant, was quite well aware of the hardship of forcing Mr.
Martin to pay the value of the missing property, although
that gentleman was legally liable. He (the plaintiff) had
therefore Undertaken to enter into such arrangements as
was satisfactory to the defendant, although Mr. Gay would
be a loser to the extent of two-thirds of the value of his
property.

Mr. OttasswELL, who had been engaged for the defence,
ho was quite well aware that the landlord, unless he had
told the plaintiff that he would not take care of his pro-
perty, was answerable for the loss. Ile (the learned coun-
sel) had intimated to his client. that the law was against him,
though the facts might be in his favour. Mr. Martin had,
therefore, consented that the Jury should give a verdict for
the plaintiff for £5OO.
Verdict accordingly,
ASSAULT AND FALSE IMPRISONMENT.--WORSLEY V. SMITH

AND OTHERS.

This was an action brought by Henry Worsley, a gentle-
man residing at Worsley-lodge, at West Leigh, against James
Smith, Win. Taylor, and Thomas Darwell, for assaulting,
handcuffing, and imprisoning him.
Mr. Cresswell and Mr. Addison appeared for the plaintiff;
Mr. Alexander and Mr. Wightman for Smith and Darwell;
and Mr. Wilkins for Taylor.

Mr. CRESSWEL stated the case for the plaintiff. He said,
that Mr. Worsley was a person having some landed property,
on which he resided, in the township of West Leigh, in this
county, The attack which had been made upon him by the
defendants was one of a most grievous description ; they as-
saulted him, put handcuffs upon him, shut him up in a
dungeon, and on the next day took him before the magistrates.
The circumstances were of a most unusual kind, showing a
very great disregard of the law on the part of those who ought
to have known much better. The first defendant, Mr. Jas.
Smith, was an attorney,. residing at Pennington, near West
Leigh, and acting as clerk to the magistrates at Chowbent. It
appeared, that on the 10th of September last, the plaintiff
was at the White Horse public-house; he had apparently
been making merry in the course of the evening, and from
there he went to another public-house, the Royal Oak. Tay-
lor, who was the sexton of the parish, was a man extremely
fond of drink, and when he came in contact with any one
making merry, clung to him for the purpose of getting a glass
or two. On the evening in question Taylor saw the plaintiff,
and followed him to the Royal Oak. After having sat there
awhile, it was proposed that Mr. Smith should be sent for to
join them ; and according Taylor went to the house of Mr.
Smith, and invited him to the White Horse, in the name of
Mr. Worsley. Mr. Smith went, and joined the company.
The conversation turned on various matters, amongst others,
he understood, on a vacancy in the church, and :difference
arose as to who was the fit person to fill the office. Mr.
Smith, for the purpose of showing that he was a person in
the confidence of people in a higher sphere, produced a let-
ter, and said vauntingly to the company, " Read that." It
was a letter from Lord Normanby, concerning the police of •
the district, and had been written by his lordship on the oc-
casion of some disturbances, or anticipated disturbances.
Mr. Worsley took the letter • but, not considering it of the
same importance as Mr. Smith evidently did, did not think
it worth his while to read it. Mr. Smith, seeing this, said
again, " Read that letter." " Oh, no," replied the plaintiff;
" Rome was not built in a day ; I can't read it now," and
put it into his pocket. Mr. Smith, too proud of the valu-
able document to trust it in the possession of another person,
demanded it back ; but Mr. Worsley refused, on which Mr.
Smith and Taylor made an onslaught upon him, and took it
from him by force. Mr. Smith declared, that during this
struggle the plaintiff had struck him, and thereupon said,
"Go for the constable." Darwell, the constable, came ; put
handcuffs on the plaintiff, and took him to the dungeon, a
narrow, filthy, vile place, scarcely fit for the basest of man-
kind, and there shut him up on a night in September. The
next morning, the attorney, perhaps thinking that he had
done wrong, endeavoured to free himself from responsibility,
and coolly said, that if Mr. Worsley would make an apology,
he would not take him before the magistrates. " No," said
the plaintiff; " I have done no wrong, and ought myself to
demand an apology." He was then taken before the magis-
trates at Chowbent. After this, Mr. Worsley directed his
attorney to write to the party on the subject, suggesting an
arrangement, so as to stop further proceedings. This was
an opening for Mr. Smith ; but no—he expressed his surprise
at the letter, saying that he was not the aggressor, and that
certainly he would not make any reparation of any kind
whatever. Now, in the first place, the defendants had no
right to imprison the plaintiff at all, for if there had been an
assault—and it was not pretended on the record that there
had been, a simple denial having been pleaded—the constable
should have witnessed it before he locked up a person in a
dungeon.
. _

Evidence in support of his statement having been heard,
Mr. WILKINS put it to his lordship, whether there had
been any case made out against Taylor.
The JUDGE.—Yes ; not a very strong case, but quite suf-
ficient to go to the jury.
Mr. ALEXANDER then referred to the act 3d and 4th Wil-
liam IV, c. 90, and contended that under the GOth section
Darwell, the constable, was protected from action for an).-
thing done in his capacity of constable, unless 21 days' notice
thereof were given to the inspector. Here no notice had
been given; the township had adopted the act in question,
and the constable was therefore entitled to the protection of
that clause, and to his acquittal. '
Mr. WlintrarAN followed up by observing, that if the act
protected the constable, it would also protect the other de-
fendants, who had merely aided and assisted him.
Mr. CRESSWELL maintained that there was no power in
the act to appoint constables, and that Darwell was no con-
stable under the act. The 3d and 4th William IV. related
to lighting and watching, and did not at all interfere with the
appointment of constables properly so called, but merely en-
abled inspectors to appoint watchmen, and to give to then'
the same authority as constables, during the time that they
were on duty. It was to enable those whe were vigilant
guardians of the night to apprehend people in a summary
manner, when disturbing the peace, &c. ; but it would be
monstrous to suppose that that applied to constables, and t°
say that, under all circumstances, they might apprehend men
on a charge of assault, without having seen the affair. That
would be giving them an authority et variance with the law
of the land. The act cited was to establish a force in the
nature of a police force, and quite independent of the ancie't
office of constable, recognised by the common law. Their
powers were limited to the hours when on service ; they wereto do certain specific acts in accordance with certain spec"'
rules laid down in the act. Now, it had been proved that
parwell was not on service at the time—that, in fact, he wag
roused up from his bed.
Mr. ALEXANDER said he could prove thist Darwell had
been appointed under the act.
Mr. CRESSWELL would rather it had been given at die
proper time. He apprehended that Darwellwas totally 11-
side the protection of the act. And how could it be Ina°
out that Mr. Smith was a disorderly person under the mean'
ing of the act?
Mr. ALEXANDER could not see the distinction drawn by
Mr. Cresswell between the constable for the country and the,
force appointed by the act. He recited the clause giviaa
power to apprehend in case of disturbance, to imprison, at,
to take before the magistrate with all covenient speed. "
he contended, was all that had been done, and was what the
act impowered Darwell to do. The objection that the act did
~
not extend its protection to Darwell because he happened `/
be in bed was, in his opinion, incorrect, because the duty °,
the constable commenced at the moment he was summoneu.
His LORDSHIP said that it did not appear to him that
Darwell was under the protection of the act, because the prn-
tection was only to persons in respect of any thing dollen'
pursuance, or under the authority or colour of the act. It arc
peared to him that the defendant was not acting under colonc
of the statute, because the 42d section gave authority to sweL;
in persons as watchmen, sergeants, &c; and they were 000;
invested with the like powers and authorities of constables l!
watchmen. Therefore, as watchmen, they had only the Privir,
leges of constables, and a constable was not allowed to take, l'tr.
a person merely because he was charged with having couny
ted a breach of the peace by an assualt. Unless the wat',,o
man had seen the assault he had no right to apprehend. `.t
show that a constable acted under colour of this statute, I
must be proved that he was in the position described by g.‘e;
tion 41 ; it must be shown that he was on duty, not only 3-1,
constable, but as one of the watchmen, sergeants, or pat° ,
appointed by the act ; but it appeared from the evident
ec
that he was not, and that it was not his duty to be on ano'r
beat. Darwell was, therefore, not acting as a watchman•
did he pretend that he was acting as a watchman, but.:ls-4
constable, and he was entitled to all the protection 2170
all the privileges of a constable, but to nothing more.
apprehending the plaintiff, therefore, he had stepped beyo"
his duty.
Mr. ALEXANDER addressed the jury on behalf of his t;4.1;
clients. He hinted at the outset that, by the decision ef ;of
lordship, and the rules of pleading, he had been deprive c,
the opportunity of bringing witnesses to give a further 3,.
count of the affair which had been submitted to the Pri)ii;
and, though he bowed with deference to the opinion of
.e'n
lordship, he intimated that the objection which had bly,
raised by him would be tried before a. higher court. E,ebot
ing, however, on the story already given, lie contended 10,1
it formed a justification of the defendants' conduct. It the
been admitted that the plaintiff had been drinking in g 0
w course of the evening; that he left one public-house fries'
to another ; that, apparently with the most perfect
ship, he sent for Mr. Smith to join him ; that this gentility
produced a letter on an interesting local subject, which it
then probably the subject of conversation ; that he handeuli
to the plaintiff, who put it into his pocket, and pertinacil:ss
refused to deliver it, although Mr. Smith stated that he of
tired, and wished to go home ; and there could be no d°,•fig
that this shabby retention of an important letter, belonsihe
to another person, produced a warm feeling between of
parties. In the scuffle which ensued, and the origius
which was to be attributed solely to the plaintiff, it had I,,cet
admitted that Mr. Smith had received a blow •, and the
of Mr. Worsley having been bound over to keep the no
by the magistrates, was a proof that they considered bin'
blame.
M f
r. WILKINS then addressed the jury on behalf o 1 to
client, maintaining that such an insignificant individol,
Taylor, who had been described as " Drunken BillY'beea
sexton, bellman, and tombstone engraver, had not
~del
brought there under the expectation of extracting dani,f,
from him, but for the purpose of shutting out his testiln°
which a feared.
The jwusry found for the plaintiff, damages £2O as
Smith and Darwell, and for the defendant Taylor.
His LORDSHIP, on the application of Mr. Cresswelh,
titled that there was probable cause for snaking 'rap°
party in the action.
,l•
RUNNING DOWN OF A VESSEL.—ROBINSON D. ROO-so
ts
This action (in which Mr. William Robinson wasitoly
plaintiff, and Mr. James Robson, sew., and Mr- Jame' c° to
son, jun., were the defendants) was brought to recover eA to
pensation for a vessel belonging to the plaintiff, allege,"the
have been run down and destroyed, on the evening °I. the
Gth of January, 1839, while at anchor in Yarmouth-r° the
by a vessel belonging to the defendants, and throughoe
negligence of the person having the management• the
sum claimed was 4:750, the value of the vessel ; X2ej'ight
value of the provisions on board ; and £35, the 111;310•
that she would have received ;—making altogether ?srtic•
It appeared that on the eve of the memorable and desoes-
tive storm, whose ravages were so severely felt in Llano'
pool, the George and Ilenry, a brig belonging to the Fargo
tiff, bound from Stockton to Southampton with a ethen
of coals, put into the Yarmouth-roads, there being ,flaig
indications of an approaching storm. Later on the ev`i•soal
the Wyndham, a vessel belonging to the defendants', ing'
Shields to Rye, coal laden, finding the wind gradually 115 the
returned into the roads, where she had been lying 11;1 will
Ist until the morning of the Gth of January. The van c and
then pretty stiff, and the weather hazy; mingled oQit);
rain were falling. The Wyndham, in making for thatileasge
the harbour beyond that part of the harbour where the
wl Y, the
and Henry was lying at Anchor, came in contact ~ ettio%
last-named brig, catching her on the starboard, and e.°ooe-
her down to the water's edge, so that the crew had iwever'
diately to get on board of the 'Wyndham. She. . she
hail sustained considerable damage from the collisionta'uing
was making water fast, and the crew took to the b„,,oat,', hourj,
with them the crew of the George and Henry. 'I vc,'' ace°.
after they were picked up by another vessel, and aule
It was contended, on the part of the plaintiff, that `hate
of
aster arose through unskilfulness on the part of the: corn-
the Wyndham, (the captain had, in a fit of insani'l;', )11ri
and
witted suicide in the course of the voyage,)ha",
ALEXANDER, on the part of the defendants, that t‘irocii as
been, as well as mutual loss, mutual negligence, illa-ajjefllt
the vessel lying at anchor had no lights, and that, s°,lanalg
and unexpectedly did they come into proximity, that,.,..ni,jeo
all was done that could have been done to prevent ci,intitl,l
it was unavoidable under the circumstances. The Tet. coin"
witnesses said, that though the night was liazY, t" svit-
see to some distance, (a quarter of a mile,) whilat_tel more,:
nesses for the defence stated, that they could 110 c isectice
than two or three ships' lengths before them. Evlatbst the
also called, on the part of the defence, to show the lost
Wyndham (the value of which, 'and not that er, ;it hay'
vessel, could only be recovered) shad been overrated, it b‘or-,
ing been sold, seven months previously, for .1:60u, aTo
ing suffered depreciation of 5 per cent. per aunts%
p,
wOnld
(the learned JUDGE observed, in his stinirningn.i.;)the
have to be added, if the jury found for the plaloing
timated sum of £B7 for freight, the valise of the
.1,,' being
the injury, and the amount of the accruing freight,
that the plaintiff was entitled to recover.

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The jury found for the plaintiff; damages £689 lOa.
TRESPASS.--CRITCHLEY V. HOPE AND OTHERS,
Peter Critchley, of Golborne, in this county, was the plain-
tiff ; the defendants were Mr. Wm. Hope, sheriff's officer,
and two of his followers, Martin and Richardson ; and the
action was brought by the plaintiff to recover the value (about
£8) of certain articles of household furniture, alleged to be
his property, seized by the defendants under a distress war-
rant, directed against Thomas Critchley, the father of the
plaintiff, for a debt due by him to one Mr. Rigby. Thomas
Critchley resided in a cottage, together with his wife, a daugh-
ter, and two sons, one of whom was the plaintiff. Evidence
was called to show that, at the time of a prior distraint for
rent on the goods of the father, Peter Critchley, the son,
came forward, and was permitted to buy them up at a valua-
tion of £s' and 'that, in addition to those articles, there had
been seized by the defendants several others. It was also
stated in evidence that the son was in very good employment
in a factory, and that out of his earnings he assisted in sup-
porting his father and other members of the family. The
father, it was said, had been out of employment for nearly
two years.

Afr. 6REsswELL, for the defence, contended that the
transference (attempted to be proved by members of the fa-
mily) was nothing but a juggle, got up to cheat Mr. Rigby
out of his claim, as it was anticipated that an execution would
be brought against the father by him.
The jury found for the plaintiff; damages £5 4s.

CROWN Co URT.—WEDNEsn Av.
(Before MrUCC C
His Lordship took his. seatJUS
at nine o'clock. OLERIDGE.)
QUEEN V. SCOTT.
Samuel Scott was indicted for a seditious conspiracy, un-
lawful assemblage, seditious speeches, and unlawful posses-
sion of arms, at Manchester.
Mr. Sergeant ATCHRRLEY (the attorney-general for the
county) Mr. KNOWLES, and Air. WILSON. for the prosecu-
tion; Mr. MURPHY for the defence.
Boothby, an inspector of the Manchester police, stated
that on the 23rd July last, he attended an open air meeting
at Hultne. Saw Samuel Scott there. Attended another
meeting on the 25th, at which also was Samuel Scott. On
the 26th, attended a meeting of a similar character, at which,
also
Scott, was present. Much inflammatory language was
used at both meetings.
_ William Robinson, a clerkijl the police office, stated that
heo some
the meeting on the 23rd July, and made notes
:ome of the sayings of the speakers. A delegate from
London said the Woburn family were the worst enemies of
the people; one half of their property belonged to the poor,
and they must have it back again. One of the speakers ad-
vised the multitude to
arm themselves. Two, or three shots
were fired on the outskirts of the crowd. Notice was given
of two or three other meetings.
Pickeringhe commencement
a
beelnihoctinillaesd at t Pi ice -° ffi
ocfe the of
trial, fa chhteds tedri
d, Int aodt
answer. He caused some delay. On his arrival the Judge
asked him why he had not answered at first. He said, he
lodged with his brother at Edge-hill, and did not know it
was so late. His Lordship fined him forty shillings. This
had the effect of making the poor fellow very melancholy,
and it was not without difficulty he could be made to speak
loud enough to be heard. He deposed that he saw Scott at
the two meetings above alluded to, and he carried a flag on
which were some letters. He knew Scott, and overheard
hint say to a person who stood near him, that he would blow
the police to the devil.
James M`Donnell deposed to having been present at the
meeting of the 25th, at which Scott was. Persons named
Smith and Doule addressed the meeting. They used much
violent language in speaking of the national debt, and of the
enormous expense of kings and queens. They said all who
were in favour of the charter should be armed against the
12th of August. He said physical force was the only mode
of getting rid of such abuses.
Other witnesses gave testimony generally to the violent
and inflammatory language used at the meetings at which the
defendant was present.
Archibald M'Mullen went to the prisoner's house on the
4th August, between five and six o'clock in the evening.
Scott descended the stairs without his coat. Witness asked
him if a man had not lodged there, and left something behind
him. This witness said to him being anxious to get up stairs.
Another officer said, " Yes, he has left a pair of pistols."
The prisoner said, " I'll be-damned if any one shall go up
my stairs without a search warrant." He was seized upon,
when he struggled fiercely to get free, and called to the peo-
ple outside to break the door open and come—now was the
time or never. An officer named Wovenden went up stairs.
Three leaden bullets and some percussion caps were found in
the defendant's pocket. On the floor up stairs were found
two ball cartridges, and some tins for melting lead. The
crowd was so great outside, that they took him out at the
back door, through another house. He still called to the
mob, and resisted to the utmost. The mob pelted them with
stones and they were compelled at last to take refuge in the
Town-hall. Wovenden, who a'ent up stairs in the prisoner's
house, stated that he found about seventy or eighty ball car-
tridges, a quantity of powder and bullets, a quantity of paper,
cut up for making cartridges, and a card with a memorandum
on it. Boothby found a gun in the clock. case. Scott said
he had purchased it on the preceding Friday. His hands
Were stained with powder. Mr. Beswick proved that he had
received 68 ball-cartridges (produced), 168 leaden bullets,
half a pound of gunpowder, and a fowling-piece, also some
percussion caps, and tins in which lead had been melted.
The card produced was a ticket of the Mancster-. Political
onion, and a list of what was termed " Thhee visiting bad
members committee."
His LORDSHIP, in putting the case to the jury, said the
evidence of conspiracy was very slight, as though he was at
tile meetings, it did not appear that he was a leader or a
sneaker, and there was a great difference between the leaders
. and the led, and between the misleaders and the misled.
The jury found the prisoner guilty of attending illegal meet-
ings, and of having unlawful possession of arms, but acquit-
ted him of conspiracy.
The ATTORNEY-GENERAL moved that he be committed,
and he was taken into custody.
RELEASE OF CHARTISTS UNDER RECOGNIZANCES.
The ATTORNEY-GENERAL ordered the following defen-
dants and prisoners to be called and placed at the bar :
Thomas Hart, William Tillman, William Simpson, James
Mellor, Benjamin Fitton, Joseph Stowell, John Durham,
Thomas Bird, Richard Walker, Thomas Swires, William
Beattield, Edward Coar, Richard nankin, Thomas Rawson,
and John Quin.
The ATTORNEY-GENERAL hoped his lordship and the pub-
lic would not think he was abandoning his duty in taking the
course which he was about to pursue. The convictiouswhich
had already taken place, he hoped, would be sufficient exam-
ples fur the future preservation of the public peace. The lead-
erg of the multitude had already been there convicted, and it
Was not the wish of her Majesty's government that those
who had been guided by theism should be hardly dealt with.
His learned friends who defended the prisoners had intimated
• him that the prisoners had expressed such a degree of con-
trition for their offences as would warrant him in treating
them with leniency, in the hope that they would not offend
again. 'Therefore, if they pleaded guilty, he would suffer
them to go at large on their own recognizances, that they
would appear and receive judgment if- called upon, and two
sureties that they should keep the peace for two years. •
The prisoners all pleaded guilty, though some of them did
80 with apparent reluctance, anti with the qualification that
they did not admit that they had behaved as alleged in the
record against them. However, they acceded, under the ad-
vice of counsel.
His LORDSHIP said it was his opinion that the Attorney-
General had acted very properly and with great leniency. He
thought that by some of the prisoners it had been received
in a proper spirit. These prosecutions had been instituted
bY government—not because the government was wounded—
not because these persons had opposed them—but because
it was their duty to protect the sacred rights of property and
Personal security. They ha:l a sacred duty to perfornain
protecting the rights of property and the personal security of
the peaceably disposed subjects of the realm. The Attorney-
General had but one object, that of selecting the leaders, and
making such an example of them as would have a wholesome
effect in future. They were to understand that the Attorney-
General prayed him now to abstain from judgment so long
as they behaved well. They would be allowed to go at large
upon their own recognizances of £lOO each, and would be re-
quired to give two securities of £25 each that they would
keep the peace for two years. If they behaved improperly in
this manner in future, it they broke their recognizances, they
would, be brought up again to receive judgment.
Several of the prisoners immediately gave bail, and were
dismissed. Stowell, who could not give bail at the last
assizes, and has been in prison seven months, in want of bail,
Was allowed by the Attorney-General to go free on his own
recognizances.

QUEEN V. WARDEN AND LLOYD.
John Warden and George Lloyd were charged with sedi •
tious conspiracy and riot at Great Bolton, on the 12th August
last.

Counsel for the prosecution as before. The defendants,
one of whom (Warden) was a member of the Convention,
defended themselves. Warden is a rather tall and common-
looking man, tolerably well dressed Lloyd made a great
display as he stood up taking notes. He had on a new white
fihirt, with the collar open a.la-Byron, and a blue coat with
bright brass buttons, thrown far open at the breast, so as to
display his chest and shirt bosom. Warden desired that the
witnesses should go out of court.
Frederick Baker stated, that in August last he was a po-
lice_officer at Bolton. A placard was posted up by the
magistrates, warning the people against any assemblage on
the 12th of August last. On that day the people assembled
in considerable numbers, and business was entirely stopped.
The constables were assembled to be in readiness to disperse
the people, who in the evening paraded through the streets
with bands of music. On the morning of the 12th August,
about six o'clock, witness saw Lloyd addressing the mob.
Witness read some notes of inflammatory language used by
the defendant Lloyd, which notes he had made soon after the
riot, for the purpose of impressing the sayings on his memory.
Ile here said, in reply to a question from counsel, that he
had been for a considerable time accustomed to report for
newspapers. lie detailed some sayings of a seditious ten-
dency uttered by Warden. Several of the parties who
walked in the procession had bludgeons. Great terror was
created, and the police were hooted. Warden and Lloyd
were both taken into custody, but Warden -was rescued by
the crowd and recaptured. The mob were very violent.
Warden, in cross-examining Baker, asked him if he were
aware that the language he had just read, as uttered by him
on the 12th of August, was a literal transcript of language at-
tributed to him by the Bolton Chronicle.
The witness replied that he was not aware of that.
Ott cross-examination by Lloyd, Mr. Baker was asked to
mention some of the newspapers tbr which he had been a re-
Porter. He replied, for the Morning Herald. When asked
what were the nature of the subjects which he reported, he
said, general intelligence. He was regularly
employed as
reporter upon the Morning Herald, though an agent. The
defendant put his questions very loudly and pompously. He
cross-examined at tedious length, and to but little purpose.
Mr. Baker, on re-examination, said, after the prisoners
were under arrest, some in the crowd called out--" Now,
lads, to our pikes."
Peter Statou, reporter to the Bolton Chronicle, corrobo-
rated the testimony of the last witness. He said he saw the
crowd in the Market-place on the 12th of August, and he
heard the defendant Warden tell them to fall in, and " march
for the second grand moral demonstration."
Mr. Saddler, of the Stockport police, proved that he found
a letter in the hand-writing of Lloyd in the house of Thomp-
s°ll, a gunmaker, of Birmingham. This letter, which was
Signed by Lloyd, and contained his address in full, was an
order for goods of Thompson's manufacture. He informed
Thompson that he could, in a few hours, sell " hundreds of
them," if he bad them.
One of the questions put by Lloyd in cross-examining a
witness was as follows—" Did you observe any striking defi-
ciency in the smattering of females perceptible in the streets
of Bolton on that occasion ?"
Warden held in his hand a written copy of his speech. Oc-
casionally, when at a loss, referring to and reading from this,
'le addressed the jury at great length. The greater portion
(if the defendant's speech was an essay on the principles of
ehartism. He quoted Shakespeare frequently, and Cowper
°apee, in the course of his address.
which
LORDSHIP referred to some portions of the evidence
came out on cross-examination, which showed that
gle defendants had endeavoured to appease the mob when
IheY showed a disposition to violence. He put it to the
,earned sergeant whether some arrangement could not be
',Tide so as to set the prisoners at liberty under recog-
"izauceq.
The ATTORNEY-GENERAL after a brief conversation ac-
-s,eded, but the prisoners refused to plead guilty or to enter
reeognizances for their future good behaviour.
theloyd addressed the jury. He told a very moving tale of
distresses which he had suffered subsequently to his cap-
Lure during the alleged riot. He said his wife had had a
tremature accouchment from the fright occasioned by his
re ving been apprehended. One of his children, when he
tuned, he said he had found had gone mad, and it died in

his arms, Tic had to beg from his neighbours for money to
purchase a coffin.

The defendants called a witness to prove that on the day
when they were concerned in the movements of the people
there was no rioting, and but little difference in the appear-
ance and business of the town. They observed that they
had witnesses to character. His lordship told the defend-
ants that there was no impeachment of their characters.
Mr. Sergeant ATCHERLEY addressed the jury in reply,
commenting briefly upon the strong language used by the
defendants on the 12th of August, and exhorting the jury to
consider the objects of the defendants in being out on that
day, and using such language. He remarked upon the eh-,
curnstance of a placard having been issued by the authorities
of Bolton, directing peace and good order to be kept on the
12th August, and also on the letter found in the possession
of the gun-maker.

The JUDGE summed up the evidence very minutely, and
The JURY, after a short consultation in the box, acquitted
the defendants.

His LonnsHip addressed the defendants, and said that
what had passed to-day in the court would, at all events
convince them that in a court of law they were dealt witli
fairly, and without reference to party politics.
Tames Wheeler was called up. He pleaded guilty to a se-
ditious conspiracy, &c., at Manchester, and was enlarged on
entering into recognizances as the others had done.
The Court adjourned at seven o'clock.

NISI PRIUS COURT.—WEDNESDAY.
MORRIS V. PERRY.
This was an action to recover the value of a bill of ex-
change for £6O, alleged to have been drawn by Messrs. Wit-
. hams and Thomas, on Mr. Thomas Perry, the defendant, in
favour of the plaintiff, Mr. James Morris. The plaintiff, it
appeared, is the owner of a colliery at Upholland, having in
Liverpool, an agent named Mr. George Fowler, and tne
de-
fendant is a bricklayer in this town, having, it is said, some
connection with Messrs. Williams and Thomas, who are in
the coal trade.
: • Mr. Alexander and Mr. Cowling for the plaintiff and Mr.
Cresswell and Mr. Watson for the defendant.
Mr. ALEXANDER having stated the case, called
Mr. G. Fowler, who was examined by Mr. Cowling. He
said—l manage Mr. Morris's coal yard in Liverpool. 1 know
the firm of Williams, Thomas, and Co. I have supplied them
with coal and slack. About October last they owed Mr.
Morris upwards of £l7O. I saw one of the partners about
the debt, but could not get the money. About the 20th of
October, 1 saw Mr. Williams and Thomas. An arrangement
was made that they should give me their bill on Mr. Perry,
for £6O. On the 23d I saw Mr. Thomas at our office. He
brought a blank bill stamp, filled it up and gave it to me. I
copied it into my book, and desired him to call on Perry, the
acceptor. I afterwards went to Mr. Williams, and asked for the
bill ; he said that he had sent it to Mr. Perry, who had not
returned it. I called upon Mr. Perry, and he said that he
had returned the bill. On going again to Mr. Williams, he,
again said that Mr. Perry had not returned it." [The wit-
ness testified to some ineffectual endeavours on his part to
obtain possession of the bill.] I afterwards called upon Mr.
Perry, who said that he himself would pay the bill to Mr.
Morris. He fixed the 7th of January for payment. I called
on the 7th of January • but he said he had been disappointed
of some money, and that he would pay the bill on the 14th.
On the 14th lie said that he had been disappointed again, and
fixed the 21st for payment. On the 21st he said that Wil-
liams and Thomas had been to say that he was not to pay
me. It was then appointed that I should meet them the
day afterwards, and 1 met them accordingly at Mr. Perry's
office. Neither of them attended. Two or three other times
were fixed for meeting. We met on the 28th. Mr. Perry,
Mr. Thomas, Mr. Williams, and Mr. Perry's clerk were
there. Mr. Perry said to Williams and Thomas, "As to the
bill, that is out of the question ; you know I tore it up before
your face," (meaning Williams and Thomas.) He said to
them again, " What objection had you that 1 must not pay
the bill ? Did you not owe the money ?" " Yes, and more,'-'
they said, or a great deal more," Williams said that his ob-
jection was that they owed other people money. Mr. Perry
said that he would consult his attorneys, Messrs. Leigh and
Sanders. I said I was glad that he had such respectable at-
torneys, and that I should be glad to leave it to them, and to
Mr. Leigh, the attorney for Mr. Morris. The witness pro-
duced his bill-book, in which was the entry of the bill he
deposed to having received from Mr. Thomas to copy. The
entry showed that the bill had been drawn on the 23d of
October, by Messrs. 'Williams and Thomas, that the acceptor
...as Mr. Perry, that the amount was £6O. payable at three
months, to the plaintiff or his order.
Cross-examined by Mr. CRESSWELL.—Mr. Perry had
told me before that he had refused to receipt the bill, because
the debt due by him to Williams and Thomas would not he,
by the custom of the trade, payable before the bill became
due. He said that it was of no consequence to him to whom
he paid the money, provided Williams and Thomas gave him
leave. He also said that if they would consent, he would
pay the bill to me. I will not swear that he did not say,
moreover, that he would not pay Williams and Thomas, in
order that we might have every satisfaction if there had been
any fraud on us. He said something to that effect. He said
he saw plainly how it was, and that he would not pay any
one but us. He said that several times. Ido not know
how long it is since I swore that he said that he would pay
us, if Williams and Thomas would consent. He said that if
we would settle among ourselves, he would then pay the
money. Williams and Thomas brought an action against
Mr. Perry for it. Williams and Thomas owe altogether to
the plaintiff £l7O. They have owed that since October. I
have brought no action to recover the debt. I would not
bring an action because they have given up their establish-
ments and gone into lodgings. I think they could pay if
they would. lam afraid, however, that I should lose my
money if I brought an action. They might go to gaol per-
haps. I would not draw a bill upon them, because I would
not have been satisfied with their acceptance. I would ra-
ther have better security. I should not like to have their
draft unaccepted. I did not • refuse to take the bill without
an acceptance. I told them it would negotiate much better
if it were accepted.
Mr. ALEXANDER.—That is my case.
Mr. CRESSWELL.—What is the case?

The JUDGE.—The case for the bill on the record

Mr. CRESSWELL.—But for what value? They did not
even pay for the stamp, and it was never accepted by Perry.
The JUDGE.—That is for the jury to say, on the evidence.
Mr. CRESSWELL, for the defence, then addressed the
jury, and, after designating the action as a most absurd one,
stated that the bill had never been accepted, and, as the
plaintiff had never paid for the stamp, the bill was only worth
the paper on which it was written. The value could scarcely
amount to a farthing ; but, lest the jury should give that far-
thing, and throw the costs of the case on the defendant,
which were very heavy, he should cal/ Mr. Thomas, who
would prove that he himself had drawn the bill, and that Mr.
Perry had always refused to accept it. The plaintiff, there-
fore, tho' he had his right of action against 'Williams and
Thomas, had none against the present defendant. He,
however, had been sued because the plaintiff knew that Wil-
liams and Thomas were not solvent, and they wished to ex-
tract this sum from Mr. Perry.
John Thomas was then called. He stated that he drew
the bill, and purchased and paid for the bill stamp. The bill
never went out of his hand till he delivered it to Perry. He
never offered it to Fowler. He told Fowler that if Perry
would accept it he might have it. Mr. Perry said, on being
applied to, that he would not accept a bill for his father.
He did not accept it. He (witness) would take upon himself
to swear that Fowler did not copy the bill into his bill-book,
in his (witness's) presence. He had not brought an action
against Mr. Perry. Mr. Williams had done so. They
(Williams and Thomas) had never been in partnership to-
gether, except in regard to a small coal-yard in Grafton-
street, and•that had been given up. He was not in partner-
ship with Mr. Williams in October. According to the best
of his recollection, the bill was made payable to himself, and
it was not endorsed.

Mr. ALEXANDER, in reply, said that he had heard nothing
to convince him that there was not a proper claim on the de-
fendant, unless, indeed, the witness Fowler was to be con-
victed of perjury, and Thomas to be believed. He submit-
ted that in deciding• between the two, the preference should
be given to Fowler, inasmuch as his story was the more pro-
bable one, and was supported by the production of a written
book.

The Jury retired to consider their verdict at ten minutes
past three, and returned into court at ten minutes to f►ve,
when they gave in a verdict for the defendant.
Two or three other cases were disposed of, but they were
of no general interest.

CROWN COURT—YESTERDAY.
THE MURDER CASE.
Mr. Justice COLERIDGE took his seat on the bench at nine
o'clock, and the two unfortunate men, who had last week
been condemned to suffer the last penalty of the law,,were
placed at the bar. They both appeared to be much agitated
and distressed in mind. His LORDSHIP addressing the
prisoners by name said—You are brought up here again after
the awful sentence which has been passed upon you in con-
sequence of an omission of mine when I was passing that sen-
tence ; and I have now to state in addition that, after death,
your bodies are to be buried within the precincts of the gaol
in which you will be confined. Costello, since you were last
before me I have had occasion to consider your case, and
there are circumstances connected with it which give me
great hopes that mercy may be extended towards you, and
that your life may be spared; but you must prepare
yourself for the next severest punishment of the law ; and I
sincerely hope that you will be grateful for this extension of
mercy—not to me, but to the law which is considerate of all
cases in which its rigours can be relaxed. If I were sure that
you have occupied yourself since the awful time when you
were warned to prepare for dissolution, I should feel the
greater hope that you will never forget the awful situation in
which you have been placed. Towards the close of this ad-
dress Costello appeared to rally a little from the agony of
mind by which he was overcome even to tears, and at its
close retired from the bar. The other, and more unfortunate
prisoner, a large stout man, stood as if stupitied, or in ex-
pectation of some ray of mercy in his own behalf; but his
Lordship ceased to speak, and the prisoner, warned and
partly assisted by the officers, walked slowly and falteringly
from the bar, apparently in such a state of mind that pre-
cluded a perfect conception of the awful fate that awaited him.
- CHARTIST RIOTS (continued).

Mr. Sergeant ATCHERLEY, addressing his Lordship, said
that he had, since he left the court on the previous day, been
endeavouring, so far as was consistent with public justice,
to abbreviate the remaining trials in which he was engaged as
prosecutor, and he had hopes of attaining his object by his
lenity to the greater portion of the prisoners yet in custody,
on condition of their acknowledging their offences.
Henry Green. Thomas Brown, Thomas Morris, James
Doodson, and William Bullow, were then placed at the bar,
and on being arraigned respectively pleaded guilty to a
charge of riot at Bolton, and, after an impressive address,
were discharged on their own recognizances.
Joseph Galley, and Jeremiah Doodson, were indicted for
a seditious conspiracy and riot at Hindley, and both pleaded
guilty.
Mr. WILKINS stated in behalf of Doodson, that he had
already suffered six months' imprisonment.
The ATTORNEY-GENERAL said that he should, on that
account be contented that he should be discharged on
his own recognizances. The other prisoner was required to
find two sureties in £2O each, before he was discharged.
The JUDGE said that the defendants ought to feel grateful
for the lenity shown to them. These prosecutions were not
instituted by private individuals, otherwise in all probability
no such chance. would have been theirs. The government
prosecuted, and the government was not vindictive, though
it was obliged to secure the properties and the lives of
peaceable subjects. He hoped they would go home with a
proper sense of their offence, and not again be guilty of
breaches of the peace. He hoped, above all things that they
would no longer entertain the foolish notion that uneducated
persons such as they were, alter the laws and government of
the country. Such objects were beyond their reach, and the
attempt would only end in their own discomfiture and punish-
ment. The prisoners were discharged on their own re-
cognizances. His Lordship addressed the other prisoners
before named in a similar manner.

John Deigan, for an unlawful assembly, and seditious
speeches, at Castletown, then pleaded.guilty, and was bound
over in his own recognizances in the sum of .£lOO. He stated,
in reply to his lordship, that he was a bookseller. Ile was
impressively admonished by his lordship.
Nathaniel Green was required, in addition to his own re-
cognizances, to find two sureties in £25 each.
A young man, named Walter Scott, was then brought for-
ward, and created some risibility in the court from his name
and blunt appearance. Walter, however, showed himself to
be no " magician." He scarcely appeared to be sensible of
the limits held out to him, and reluctantly promised, after
declaring himself to be a " chartist, " to conduct himself bet-
ter in future. He had been found in a riotous assembly with
stones in his pocket. His lordship strongly cautioned the
prisoner, and he was required to find two • sureties in £25
each, before being discharged.
Charles Morris stood indicted for a riot at Little Bolton.

Sergeant ATCHEILLEY said that there was a great riot in
August ; stones were thrown, damage was done to the Town-
hall, and the prisoner was active, and was seen destroying
part of the furniture in the Town-hall.
This trial was of a nature similar to that which preceded
it, but of minor interest. After the examination of a few
witnesses, the prisOner was found guilty.
Daniel Ball was indicted for riot at the same place, and
attacking a person named Henderson, on the same day. The
case was proved, and the prisoner, who had been out on bail,
was placeti in custody.
Robert Ball, brother of the last prisoner, was then brought
forward, arms having been found in his house. He expressed
his gratitude to the Attorney-General for his lenity in offering
to liberate him on finding sureties. His lordship addressed
the prisoner in a very impressive manner on discharging
him.

Peter Murdy was indicted for a riot and attack upon
Henderson, a constable, of Bolton. The Attorney-General
pressed for punishment in this case, the prisoner having been
one of the ringleaders. The prisoner showed great contrition,
and prayed to be liberated, as he had an old father to main-
tain. His master, a master -tailor, gave him a good chaiacter.
William Willoughby next appeared, Mr. Wilkins pleaded
guilty.
The ATTORNEY-GENERAL said that pistols, powder, and
balls were found upon him ; but he had no proof that he had
previously been a chartist ; and was willing to believe that he
might have been led away.
John Wild, George Johnson, and William Aitkin then
appeared to a charge of conspiracy and tumultuous assem-
bling, and endeavouring to excite the people to arise against
the government, &c., at Ashton-under-Lyne.
Aitkin sharply cross-questioned the principal witnesses.
Wilde and Johnson also cross-questioned. It did not appear
from the evidence that there had been any serious disturbance
at all, connected with politics, in the place. The Attorney-
General for the county, and Mr. Knowles and Mr. Brandt
were for the prosecution. The case occupied a considerable
time, but was not of peculiar interest Mr. Philips, a re-
porter, said he was present at the meeting at Ashton, and
saw a cap of liberty, a band of music, and a carriage. He
read a report of a large portion of the speeches delivered on
the occasion. It appeared by this that Wilde had called the
ministry a set of cowardly fellows, and called upon them to
act as well as speak. Johnson also spoke strongly against
the government, and moved a vote of confidence in the con-
vention. It appeared that there were cheers and firing of
pistols at the stronger sentences of the speakers, and at the
close of their respective speeches. One of the speakers called
upon the people to arm, and some more pistols being fired,
he added, that they hoped the day would soon come when
these weapons would be directed to the proper quarter. The
same speaker made a ludicrous allusion to the fate of peti-
tions from the people presented to the House of Commons.
The members presenting them were not allowed to say any-
thing, and they (the petitions) were received with yawning,
couging, and other discordant sounds, including the crowing
of a cock ! The petitions were, as the phrase went literally,
` bagged." A member recently asked the speaker, "Pray,
Sir,.how many petitions have you bagged to-night ?" and the
reply was, " I have bagged 20 brace." (Laughter in the
court.) The witness was cross-questioned by the defendants
at some length, but nothing material was elicited.
This closed the case for the prosecution, and it being past
one o'clock, the jury were permitted to retire for a short
time.

Several placards were then read by the clerk of the crown.
One of these was a notice from the magistrates to the effect
that illegal asernblies had been held in the night, and warning
all persons to abstain from attending such meetings on pain
of being proceeded against by law. Several proclamations
from the government of a similar tenor were also read.
Mr. Aitken addressed the jury in his own behalf. He felt
the difficulty of his position in defending himself against the
combined efforts of the Attorney-General and the learned
gentlemen who were with him ; particularly as all the educa-
tion he had received, was gained by himself after hard work
in a cotton-mill. He went on to say that, so far from desir-
ing to destroy property or injure any of his fellow-beings,
he had saved the life of a policeman, amd had to the utmost
of his means assisted the poor people in distress in his local-
ity. He enquired why he was selected as a victim for prose-
cution when greater delinquents than he had been allowed to
escape? It was well known that an individual high in the
confidence of the present government had uttered language
far more violent than he, and why did the government des-
cend from an olympus to a mole-hill. He could answer the
question. It was because they could not, by any means de-
spoil him of the twenty-six joints to his tail. He then went
on, in a bold and rather eloquent strain to contend for the
liberty of the subject, both in thought and in speech. Lord
John Russell himself, when he lately visited 'this town had
said, that the people had a right to meet land discuss their
grievances. But when they did meet to discuss them,
they were guilty of riot, and disturbance ; if They
spoke at such meetings, they were seditious ; and if they
carried arms for their protection, they were guilty of con-
spiracy forsooth. True, indiscreet speeches might be made,
and in these he might have taken part in the heat of discus-
sion ; but his language was not more violent, or less consti-
tutional, than persons of a higher class. He drew a strong
picture of the distresses of the people, particularly in the
manufacturing districts. These were the consequences of
misgovernment, and the persecution of himself and others for
endeavouring to bring about such changes as would remove
these disgraceful and growing evils. The rights he espoused
were the inalienable rights of every British subject. The
pistols were fired, indiscreetly by boys, and disapproved of
by him. His sole intention was to ameliorate the condition
of his fellow-beings in his own neighbourhood, and, in con-
clusion, he trusted the jury would consider his motives, and
be guided thereby in deciding upon the case before them.
Wilde, also an energetic speaker, then spoke at considera-
ble length. He complained that they had not a fair trial, the
depositions not having been given them, so as to enable them
to prepare their defence. Mention had been made of moon-
light meetings ; hut it was omitted to be stated no such
meetings ever were held within the parish of Ashton, and it
was not even stated that any of the defendants were present
at the places where they occurred. Even magistrates were
present at the meeting. And did they say that the meeting
was illegal and the law violated ? No such thing. Had they
said so there would not have been a soul in the market-
place in ten minutes. On the contrary, they remained part
and parcel of that meeting until it broke up. Not even the
constable had given them the slightest intimation that there
was any illegality in the meeting, and he was therefore as
guilty as they. He might add that he did not believe that
they were prosecuted at the instance of the magistrates. The
main question was—was the meeting legal. He contended
that it was. The object was to obtain universal suffrage—a
national right which every man ought to enjoy. The defend-
ant here read a number of extracts from several celebrated
ancient authors, in support of his position. He denied that
he or those with them sought such rights by physical force.
He was charged with endeavouring to excite the people to
violence. This he denied. Indeed, -he believed that those
who resorted to violence were themselves. It was not his
speeches that had excited the people. It was to be traced to
other causes. It was but recently that a poor-law commis-
sioner said in the House of Commons, that the working-men
had 6s. a week, and that that was quite sufficient for such
people, though he admitted that he himself, independent of
his salary, had 20s. a day for his travelling expenses. Such
expressions end such things as these were the real causes of
the popular discontent. He had, moreover, ever considered
that the law should be equally administered ; and if it were.
so, Daniel O'Connell would himself be before the court as a
defendant.

Jackson, a local preacher, then spoke. He said that he
knew they were not prosecuted for their attendance at the
meeting, but because their names afterwards appeared to a
report of that ineeting. He contended that the meeting was
legal ; but if it were otherwise, they were not so well ac-
quainted with the law as those before them ; and if they
differed in many points of law, surely great allowances
ought to be made for them if they made a mistake. lie
went on to avow his radical principles, and contended that
no charge of conspiracy could be made out against them
from the evidence. There had been no riot in Ashton since
the movement began. He complained of the case being
brought forward twelve months after the meeting took place.
The evidence did not show that business was interrupted on
that occasion, or any one was in the slightest degree hurt,
nor did the magistrates counsel them on the illegality of their
conduct. He trusted, that as they were pure and innocent,
so far as motives went; and pure, so far as action went on
that occasion, the jury would return a verdict in their behalf.
His LORDSHIP, previous to summing up, congratulated
the jury that this was the last of these cases of riotous assem-
bly, the consideration of which had occupied their attention
so long and so painfully. Such of them as had been released
would, he trust, not be again found contravening the law ;
but he feared that, in others, in which it would be necessary
to inflict punishment, the parties were too firmly attached
to peculiar opinions, to have much hope that a change would
thereby be wrought in their minds. His lordship then
summed up the evidence. The motives of the defendants
might have been good, and the question was, was the meet-
ing a legal one ; and he did think, looking to the language of
M'llowell, counselling force to effect a change in the consti-
tution of the country, that the meeting was not legal. His
lordship then urged upon them all the points that might pos-
sibly advantage the defendants. He reminded them that the
constable had stated, in cross-examination, that there were
present several master cotton-spinners. It had also been
said that magistrates were present, but if so, their conduct
should not be taken into their consideration, as their abstain-
ing to act might have been from apprehension of the greatness
of the meeting. The defendants however, might have thought
their legal attendance stamped the meeting with a degree of
legality.
The jury then retired.
The convicted chartists were then brought up to receive
sentence. The whole were placed in the dock together, but,
as their offences were of various grades, they were, with few
exceptions separately addressed.
His LORDSHIP first addressed the four parties who were
tried on Monday last, namely W. Butterworth, W. Vickers
Jackson, William Richardson, and James Bronterre O'Brien.
He spoke nearly as follows :—You are now to receive the sen-
tence of the law, having been convicted of a seditious con-
spiracy, and unlawfully assembling, and of having, by sediti-
ous speeches exciting the people to provide themselves
with arms, and to use such arms so as to effect a
change in the government and institutions of this country.
Although you stand the first amongst a great many who have
been convicted of or have pleaded guilty to similar offences,
and some of the others were of a most serious character, the
case with reference to two of you in particular, is one which
derives considerable aggravation, for, being leaders of no in-
considerable influence, a great deal of the misery and suffer-
ing of parties and their families, which had been the result of
chartist agitation, had its origin, and may be justly attributed
to the course those of you to whom 1 allude, have so long
pursued. In considering the respective cases before me, I
find different degrees of responsibility, and though where
parties are implicated in illegal assemblies, all are equally
guilty in law, I shall apportion different degrees of punish-
ment. Many, so far as the hand goes, were greater actual
aggressors than you, but they are less responsible, inasmuch as
they instigated by those who guided that hand,and whose moral
guilt was therefore greater. I do not intend to reason with you
as to theopinions you haveembraced in politics. That is beyond
my province, even were it possible, was desirable to effect a
change in your mind. These opinions may be theoretically
right, or they may be wrong. That evils do exist, and it
may be great evils, and great distress amongst portions of the
community, is no doubt true, and deeply to be regretted ;
and it is the duty of every man to lend his abilities and his
means to redress and alleviate them ; but these endeavours
must be kept within the limits of the law. All I have to
look to is the breach of the law, and to consider what should
be the punishment which would be adequate to vindicate the
law. At the first meeting on the 23d of April all of you (named)
were present, and used violent and inflammatory language.
But on minutely examining the evidence, I found a consider-
able difference in the delinquency of the respective parties,
and though the law considered all equally amenable, I have
meted out the punishment of each with a regard to their re-
spective conduct. The case of you, Richardson, stands in
the most favourable position. I cannot, however, but ex-
press my regret that a person of such standing and respecta-
bility in life should have been led to say, that the savings'
banks were instituted only for the purpose of enabling the
government to exercise its tyranny over the people. No-
thing could be more preposterous. If he (Richardson)
believes this to be true, he was indeed deluded; and if
he knew it not to be true, he is assuredly very guilty.
You also used an expression with regard to the police which
was altogether unjustifiable. Is it, I would ask, right or
proper to excite popular odium against a body of men,
honestly, and usefully, though perhaps in some few instances
over-zealously, preserving the peace and the property of the
community, and that too, not on their own responsibility,
hut under the direction and control of others ? Is it right, I
would ask any ruin of correct feeling, to rouse large bodies
of the people against such men without the slightest cause,
and to denounce them as a bloody, base, and assassin po-
lice. I have stated, however, that taking all the circum-

stances into account, your case requires the smallest amount
of punishment,
Here Mr. Richardson expressed a wish, before sentence
was pronounced, to hand in some papers, with reference to
a complaint under which he laboured, with a view to some
alteration or alleviation of his sentence. He wished that a
fine should be imposed, so that he might be released.
The Learned JUDGE said, he was aware of the fact alluded
to ; that his complaint was one which could, he thought, be
as well dealt with in the gaol to which he could be consigned
as elsewhere; but that, if it was found not fitting, some al-
teration might be made. He then said :—The sentence of
the court is, that, for the offence you have committed, you
be imprisoned in her Majesty's gaol of Lancaster Castle for
the space of nine months, at the expiration of which, he
should become bound, himself in £lOO, and two sureties in
X 59 each, to keep the peace for three years ; and be further
imprisoned until the said sureties shall be found.
William Butterworth was next placed in front. His Lord-
ship, in addressing him, by mistake imputed to hint some
language employed by another chartist. The prisoner re-
spectfully disclaimed the imputation ; and his Lordship,
immediately on recurring to his voluminous notes, said to
the prisoner :—You are quite right as to the Scotch being
armed, and ready with their blue bonnets to come over the
border. That was uttered by another party. The language
you used was that the people should arm themselves with
guns, pikes, &c. The sentence of the Court was that he
should be imprisoned for nine months in Lancaster Castle.
Jackson was then brought forward, and the JUDGE said to
him :—You have been found guilty on two charges, and it is
a matter of deep regret that you, a person having a chapel
or meeting-room as a minister of our holy religion,
should have used language more likely to proceed from
a follower of the camp from his infancy, than a mes-
senger of peace. You counselled the people, if a police-
man came, to give him a pike, and that if he asked
for a gun, they should give him the contents. You
also expressed your regret, when the mob tore the palisades
from a church in Birmingham, that they were " dissuaded
from using them against the brutal and bloody policemen of
London.' I trust you have in your meeting-room used
language very different from this. The sentence of the
court is, that you be imprisoned 18 months in Lancaster
Castle; that you find three sureties, yourself in £2OO, and
two sureties in £l5O each, to keep the peace for three years;
and that you be further imprisoned until these securities are
found.
Mr. O'Brien was then called to the front of the bar, and
addressing his Lordship, claiming an arrest of judgment, on
the ground, it appeared from replies by him to questions of
the Judge, that he had been betrayed by the attorney of the
parties, who was employed for two of the parties tried with
him. Two witnesses whom he expected would have been
called for those parties, were not called, and they could have
disproved the report of the meeting upon which he had been
convicted.
The JUDGE.—I .cannot deal with this now. lou con-
ducted your own case, and if any witnesses were present to
have availed you, you might have called them. You have
shewn no cause for arrest of judgment. Should anything
transpire shewing that you have been precluded from the
fair means of defending yourself, that may form a ground of
application hereafter in the proper quarter.
Mr. O'Brien said that he cared not for the punishment
that might be inflicted upon him. All that he regarded was
his character; and he wished that his lordship, in place of
consigning him to prison in this country, would grant him
the favour of banishing him for life. He well knew that,
himself being imprisoned, his family would be left destitute
upon the country, as it would be beyond his power to assist
them.
The JUDGE.—Mr. O'Brien, you know very well that 1
cannot accede to your request, and that it would be improper
if I could. You have been going round the country exciting
the people to revolt and violence.
Here Mr. O'Brien interrupted the Judge, by saying—that
such meetings he viewed latterly with disgust ; that he had
not attended them from any wish of his own, but in compli-
ance with tile earnest entreaties of others. As God was
his judge, he had never advised any body of men to arm
themselves against the law. And he must add that he,
single-handed, had gone up to London to arrest the grand
holyday, which, had it taken place, would, he believed, have
deluged the country with blood, and involved a vast de-
struction of property. He was the only man who could have
averted such a calamity ; for not even the government could.
He considered it therefore atrocious, that, having saved blood-
shed and rapine, he should be brought there, and surreptiti-
ously found guilty of the offence imputed to him. In allusion to
the reporter's statement, that he had just come from Chow-
bent, Leigh, &c., and that he had there found all the people
armed—it was as false as hell. He knew not a single indi-
vidual in Chowbent, and but two in the other place.
The JUDGE said that the matter uttered was irrelevant.
Mr. O'Brien was a man of great ability and of great ac-
quirements, and it was to be lamented that he had not turned
them to better account. He had himself said, he had within
a short period addressed two millions of persons,and whatever
he had advanced as to the legalityof other meetings at which
hehad been present, the particular one for his attendance at
which he was now convicted, was found to be of an illegal
character. His Lordship then recapitulated some of the
violent and exciting language used by the prisoner. He then
sentenced the prisoner to be imprisoned in Lancaster Castle
for 18 calendar months ; at the expiration of which to find
sureties, himself in £5OO, and two sureties in £l5O each.
The prisoner requested of his lordship that, if he had the
power, he should banish him for life.
The Learned JUDGE said that he had no power to do so.
The prisoner then hoped that his lordship would order the
indulgence of pen, ink, and paper in the gaol.
His LORDSHIP said that similar applications had before
been made to him, and that his reply now, as then, was, that
he could not interfere with the internal regulations of the
gaols. The subject might, however, be made a matter of
application by prisoner to the Secretary of State.
THE REMAINING SENTENCES.
We regret that we have not room to insert the feeling and
appropriate addressss of his Lordship to the remaining chart-
ist prisoners whe were successively placed before him to re-
ceive sentence. We must content ourselves with a summary
of each

William Vickers Jackson, before sentenced for one offence,
received an additional sentence of six months for the second
offence.
John Kaye, for conspiracy and illegal assembly, 6 months.
in Lancaster Castle, and find sureties afterwards for three
oears himself and £2OO, and two in £5O for three years.
Christopher Doyle.—Six months in the Hou,e of Correc-
tion at Preston, and sureties for three years, himselfin £3OO,
and two sureties in 1.300 each.
Christopher Smith, who had threatened to slaughter any
policeman, &c.-18 months at Preston, with sureties for 3
years, himself in £5OO, and two sureties of £lOO each.
William Baker, on whom was found a dagger, 18 months,
at Kirkdale, and hard labour.
Davidson, 6 months, and hard labour.
Samuel Scott, 8 months at Kirkdale, with sureties after-
wards.

Charles Morris, one year, with sureties afterwards of .£lOO,
and two of £2O.
Daniel Ball.--Eighteen months in Kirkdale, and sureties.
Peter Murdoch, 6 months in Kirkdale.
Wm. Willoughby, 3 months and hard labour.
The jury, after half an hour's deliberation, returned a ver-
dict of guilty against Aitken, Wilde, and Johnson. Sentence
was deterred until to-morrow (this day.) Aitkin was, at his
own request to the Judge, liberated on finding one surety in
£5O to appear to receive sentence.

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 £51.35. Od., and costs £lO. ls. 5d.) I recommended him
to settle it, as no one knew of it but himself and me. 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 Cath 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 coming 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 had 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 the 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 Frazer, 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. I 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 picking my body out, or I
should come to some harm.
Cross-examined by Mr. .Muttritv..—Burgoyne was sober
when he spoke to Mr. Plunkett. The conduct of Bur-
goyne to Plunkett was civil until the latter insulted his
wile. Burgoyne called him a monkey and a puppy
for insulting his wife. Burgoyne addressed hint as
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 hell rope. Mr. Cash appeared
to walk lame at the time. He carried a very thick stick.
Persons fit 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 coining 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"11 fight you a duel with either swords
or pistols ;" but that was Iv hen Plunkett was standing in a
fighting position. Plunkett said, " Bring, pistols for two,
and coffee for ones 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 the 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 boom
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- at 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 halm 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 lie 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 Parnworth 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, a police-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. MURPItY.—I had desired the
sergeant to inquire if the commanding officer was in, and he
returned, saying he was.
Cross-examined by Mr. WILKINS.—Mrs. Burgoyne had
said to Mr. Plunkett that he was very mannerly. He said,
Very mannerly," and she said, " Yes, as much manners
as a pig." I never heard Mr. Plunkett called 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.—lle did, my lord, with the left foot.
The JUDGE.—A gentleman kick at a woman !
Cross-examination resumed.—Shortly afterwards she Caine
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 Ras nut 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.
[if the trial closes_in time, we shall publish the result in a
second edition.]

NISI PRIUS COURT-YESTERDAY.
PHILLIPS V. 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 down the gate, because it
stood across a road which he had a right to use. In his first
plea he said he 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 thedefendant.
Mr. WIGHTMAN opened the case, and said, the plaintiff
was Samuel Nuel, and the defendantWillia►n 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 account 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 an 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 spewed 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 fifth 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 lie 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 for
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 cross-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 £450. 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
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. his impossible for them to see
everything.
Re-examined.—If 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.
d uTe
ehde J
If the
tGhEe hel
captaind
wereevidenced of at,
his e
vf
dc
et
ni
eu s tm hues
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bo e-
taken.

Mr. ALEXANDER said lie 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 of his insurance, and witness
recommended him to the defendant's 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.—l carry on business in Canning-place,

at No. 25. Have been in business seven years as a eistonis
and commission and excise agent. Have known the plaintiff
18 months : be has dealt in tobacco during that time. He
has bought and sold between 600 and 700Ib-. in bond in that
period. Never knew where he lived. He was brought to
my office about 18 months ago. in consequence of some
tobacco in bond having been irregularly packed by the
officers. Believe he lives somewhere about Cornwallis-street,
but have never been to see him there. Cannot recollect
whether it was before April last year that I knew him. It is
more than a year ago since I paid tobacco duties for him.
Have seen him twice about these tobacco:transactions, before
the policy was effected. The tobacco was worth 2s. 6d. a
pound.
Thomas Hughes, woollen draper, Liverpool, examined.—
Has two shops, and carries on a large retail. Hai known the
the plaintiff nearly 20 years; has dealt with him for ten years,
and he alway paid witness. He has introduced foreign
customers and others to witness.
Cross-examined.—The foreign customers were captains of
ships ; and he brought them for such articles as they wanted.
The goods he bought from me were for himself and his wife.
Re-examined.—The purchases were not confined to articles
for his own use. His purchases have amounted to £5,
and £10; and he paid ready money, but not always.
Mr. William Armroyd, cutler, of Paradise-street, said he
had known the plaintiff ever since lie was a child, and that he
had frequently bought cutlery from witness. He had intro-
dnced customers, principally foreign captains. His credit was
good with witness.
Cross-examined.—The largest credit we gave him was £8
or £9. Had been a cutler 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 his wife lived very retired.
Cross-examined.—He took his apartments from me at Gs.
per week, 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 account.
Casper Wolfe Schlesinger, is a commission agent in Liver-
pool, and 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 al • I dined with him. The knives were in pack-
ages. There were fort., or fifty-of them. Mr. third gave me
no invoice dr 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 5f money in payment from the plaintiff; I had a £5
package of silver, and above £3O in gold.
Re-examined.---Have sold both thr6ugh 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 st 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. W IGHTMAN would call his lordship's attention to the
defendants 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
ury?
ALEXANDER.—Before you trouble the jury, we will
trouble his lordship.
Mr. WIGHTMAN.—My learned friends have not pleaded
that the goods were not delivered on board the ship, but that
the plaintiff was not interested.
The JUDGE.—You say they were goods ; the defendant
denies it.
Mr. WIGHTMAN,—The bill of lading shows that.
The JUDGE.—The bill of lading is not evidence.
Mr. ALEXANDER.--Then we will sec 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 ricordo 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 willgive 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 premiuni?
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 of much less value.
The jury immediately found a verdict for the defendant
upon 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 and 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. CRESSWELE (with whom was Mr. KNOWLES) stated
the case. The plaintiff was a labourer, who, until he met
with this unfortunate ccident, 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 lie was carried to the Infirmary, where
he remained a period of seven weeks, from which time lie
had been unable to obtain his g, as before, by his own
industry. Since the Ist of August last he had not been
able to do more than three or four clays' work. lie had
' been employed in this warehouse to stow away some casks
of oil, and then he, together with some 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 himself 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 being too weak to bear that burden, it broke.
They were told to use the ladder by the defendant'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.
Wm. 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._ _ - •

Tho-ma's Cunningham said the plaintiff lodged with him.
Remembered bim going to the Infirmary, where be stayed
seven weeks. When he came back he
was in a very weak
state, and now went on crutches, being very lame. lie had
worked but four days, or half days, since that time.
John Harding, clerk to Mr. Yates, the plaintiff's attor-
ney, produced the copy of a letter dated 27th of September,
1839, from Mr. Yates to the defendant, applying for com-
pensation for the injuries the plaintiff had received. After
this letter the defendant called on Mr. Yates, and said he
could do nothing till he had seen his warehouseman, who
had left him, but as soon as be had seen him he would call
again. The witness
then produced the copy of anotherle
letter, dated 9th October, from Mr. Yates, requesting a
name of the defendant's attorney; also one from Messrs
Worthington and Holt, dated 11th October, assertinn• that.
there was no legal claim upon the defendant, but proposing
to leave the matter to the President of the Infirmary. Mr
Yates' reply on the 12th was next read, deer • M.
ming 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 crutches. Ex-
amined him Yesterdayfoundic for the first time since he left the
e 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 house
twice.

Ite-examined.—l 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. ALEXAYDER then addressed the jury fur 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 spew 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 lifted.
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.—l 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 he 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 13 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 lie 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. 1 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 BARYON.—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 Times, Feb. 1.
We regret to state that Madame Caradori Allan has been
attacked with measles of so -virulent 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 W.—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, &c., was lately laid by
the side of a door of a cottage in Kirkunichael, •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 be
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 fi om
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 oar 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 trifling 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, halt 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 arid die are no complete, and that early in the
next week the printers Nyill be actively. engaged in striking off
impressions. Three different forms will he 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 areb about the size of
a shilling ; each sheet will contain 2-10 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 figures, reading letters. The whole
effect is poetical, as well as artistic. Tire 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
superadded a great protection against forgery.—Athencenni.
DEER lIUNT 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
m
were a, c mpanied 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 tremeaous pace through the
great gates into Park-street, along the High-street, ancr 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 throughpe?scod-
street,
.'towards Clewer, where it was caught in a ditch, the
adnd near fore leg, and
flirouumndwisi
difficulty
itsit earsrescy
uewith life. The 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.

Never was a country called upon to exert itself, either for
its own interests, or for those of our common humanity, in
a louder, more emphatic, or more pathetic tone. The colo-
nial empire of Britain contains a population equal to that of
the whole of Europe. It is so extensive, that the sun never
,sets on its confines. Alas ! that its daily beams should have
hitherto shone to reproach the mother country for such un-
natural neglect of her distant offspring ! But a truce to com-
plaints and lamentations. We are now beginning to perceive
that our interests and duties are identical, and that we can-
not forego our oligations as Christians, without endangering
our securities as Englishmen.
Look at India, with her 300,000,000—the icy chains of
Hindoo caste are melting away before the beams of Chris-
tianity. You behold all the elements of a mighty Christian
empire springing out of the ashes of Hindoo barbarism and
idolatry. If you would cultivate the Assam tea plant, rather
than the fatal poppy, step forward to give your countenance
to a meeting which is to embody the moral sentiments of our
merchants and traders, and to speak a language which can-
not be mistaken, either at the India House or the Treagury.
Look at the West India islands—the thousands and tens
of thousands of the swarthy Africans, whom your liberality
has enfranchised. Will you give theni only nominal freedom
from slavery? Will you render their new liberty a curse,
rather than a blessing ? No ! you are prepared to introduce
them to the glorious liberty of the Gospel,—to come forward
to aid the contributions which are to send missionaries,
schoolmasters, and catechists, to instruct them in their du-
ties towards God and man.

But turn your eye to a still far interesting and affecting
spectacle—behold the new world of Australia supplicating
your Christian generosity and succour. It is there you send
the wretched convict—it is there you relieve yourself and
your country of the worst of criminals. Have you no duties
to perform to those whom you thus banish and expatriate ?
Have you no interests in preventing the creation of an em-
pire of ferocious vagabonds and of unreclaimed criminals?
This meeting, be it remembered, is called to support and
succour a society which has been stripped of all the aid which
it heretofore derived from parliamentary bounty. The pre-
sent Ministers have thought fit to cut off the grant which it
so long enjoyed, and they now also are resolved to deprive it
of the clergy reserves, which might hereafter sustain its ope-
rations in our North American colonies. These Ministers
feel no reluctance to prOposing grants for Maynooth, but they
scruple to give any aid to the Protestant Society for the Pro-
pagation of the Gospel. Well, be it so. The merchants,
bankers, and traders of the city of London are of far more
real importance than all the lords of the treasury. and we
think they will also show that they have far more sound wis-
dom, and more practical Christianity, than some of our le-
gislators at the court-end of the metropolis.
The moral spectacle which the Egyptian Hall will exhibit
on Wednesday will,be such as ancient Tyre and Carthage
could never boast. Hail to the union of commerce and re-
ligion ! The Primate of all England and the Bishop of Lon-
don will then sit next to the first magistrate of the first city
in the world, to move resolutions which may influence mil-
lions yet unborn. The commercial genius of Britain will
henceforth go hand in hand with the diffusion of Christianity.
Methinks we may already realize the sublime anticipations
of prophecy.—He shall have dominion from sea to sea—from
the river even to the ends of the earth. They that dwell in
the wilderness shall kneel before him—his enemies shall lick
the dust. All kings shall fall down before him ; all nations
shall do him service.

THE HILL COOLIES IN GUIANA.

(From the Scottish Standard)

We had lately occasion to expose the gross misrepresenta-
tions made by the itinerant agitator, Mr. Scoble, at a meet-
ing of " the friends of Negro emancipation" in Edinburgh,
respecting the condition of the Hill Coolies in British Guiana;
and we gladly avail ourselves of an opportunity that is afford-
ed us, by having a letter from that colony put into our hands,
of presenting our readers with a full confirmation of the flat
denial we were then enabled to give of Mr. Scoble's calum-
nious statements. The letter, which is from a gentleman of
high respectability, and long connected with the colony, to a
near relative in the neighbourhood of this city, and dated the
4th January last, thus alludes to the happiness and prosperity
of the Hill Coolies :

" The Christmas holidays have passed as usual in a peace-
able way ; but little work will be done till the 6th current,
when I expect the people will return to their labour in ear-
nest. lam happy to say, that although we do not get nearly
the labour that we used to get, the want does not, in general,
proceed from misconduct so much, as from the desire of the
best disposed and most industrious men to keep their wives
attending to the children and household matters, seeing that
they can by their own labour obtain enough to keep their
wives from field work. The people, besides, are acquiring
property of their own, and so soon as they have enough of
money to buy a few acres of land, and build a small hut upon
it, they in six months can raise as much provision as will
keep the family, and only labour when they choose for hire,
which will seldom exceed a third part of the year; and the
money so earned is spent in the purchase of luxuries, for
they pay no taxes, they have fuel for nothing, and as for ne-
cessary clothing, it is a mere nothing ; hence the want of
labour to cultivate the soil to a profitable e:itent. Any in-'
dustrious man in this colony, by the labour of his hands,
may become in three years the owner of a house and land,
quite sufficient to maintain him by fifty days labour in
the year. How cruel, then, is the fate of the poor Coolie of
the East Indies, born without the smallest hope of raising
himself in the scale of humanity from the wretched condition
in which the superstition of his caste has brought him up,
and how unfeeling is the conduct of the government under
which he lives, to keep him in that state of misery ; not only
so, but enact laws to prevent his accepting an offer which
will assuredly elevate" his mind and his bodily condition.
Oh how much I would give to be able to make the words
of the poor Coolies here to be heard by the British nation,
were it only to expose the fallacy of those who, under the
garb of philanthropy, raise their hypocritical voices against
the immigration of the poor Coolie of II
indostaninto the
West Indies. When I asked the poor Coolies if they in-
tended to remain here after their term of service had ex-
pired, one of them answered, no ; he should not remain to
take a cup of water after that time, but would return to In-
dia, his native country. And when asked, what he would do
there? Ile quickly answered, to see his children, and take
them all to this country, along with all those who would be-
lieve his words; and added, Seib, here we are all some-
thing—all are good to us, but in our own country we are no
one. Poor Coolie treat bad in Bengal. Send shin and get
plenty Coolie here to this country, for they will bless you,
Sail)! And when told that no more Coolies were allowed to
come hither, his eyes flashed indignation, and he said some
one told lies upon them. But when informed that no one
here could do so, but it was Indian netb law, he hung down
his head and seemed much distressed. The others came
round him asking the cause of his distress ; and on hearing
the reason they all cried. At last this man said, 'then I
shall not go back—they' will keep me there;' in which the•
others joined when they heard of his determination."
We trust, after this, that " the friends of Negro Emanci-
pation" in Ediuburgh, will estimate the harangues of such
men as Mr. Scoble at their true value, and not suffer them-
selves to be led away by the mere excitement of the moment.

RESPITE FOR THE BOATMEN.—A respite from the home
office has been granted for Jame's Owen, George Thomas,
alias bobell, and William Ellis, alias Lambert, for the mur-
der of Christiana Collins, until Saturday, the 11th of April,
to afford the opportunity of making further inquiries into the
evidence adduced at the trial.--Staifordshire Gazette.
The WHALE FISHERY.—The total number from England
and Scotland will he about 30 ships. Last year the total
number was 41. The decrease in this trade during the last
10 years is very striking, and in twice that period still more
so. In 1832 HUH sent 30 ships, Peterhead 11, England 39,
and Scotland 42 ; total, 81. In the four years from 1818 to
1821, not less than 140 ships sailed from the United King-
dom in each year, with about 6000 men on board. The
greatest number of ships was 142, with 6137 men, in 1820,
when Hull sent 62 ships, and the greatest number of men
6291, in 140 ships, in the year 1819, when Hull sent 66
ships. The average number of ships sent from Hull during
the 11 years ending 1820, was 55 4-11, and the average num-
ber leaving the United Kingdom each year during the same
period 133 4-11. The average number of men in each ship
was about 45, those leaving Hull being of a large class, carry-
ing 48 to 50 and upwards. Should the ensuing season be
prosperous, it may have the effect of encouraging more
owners to send their vessels in the following- year ; but the
government bounties, formerly so great an following
hav-
ing long since been abolished, there is no probability of this
trade becoming again that which it was long celebrated for
being—the most famous nursery of British seamen.—Port of
Tyne Pilot.

(From a Second Edition of the Morning Post,)

By an extraordinary express from Marseilles and Paris,
we have received our letters and journals brought by the
Atalanta steamer. Our dates from Bombay are Feb. 29,
China Jan. 7, and Calcutta Feb. 16. The following is the
letter of our Bombay correspondent

Bombay, Feb. 29.
The accounts from China, which are to the 7th of January,
continue of the same unfavourable complexion as those pre-
viously received. The reports which were previously in circu-
lation respecting the imperial displeasure at the failure of
the Commissioner Lin's attempt to eradicate the traffic in
opium turns out to be totally unfounded. His master's con-
fidence in him is unshaken, and instead of being degraded,
as reported in the Canton papers, he had received additional
marks of the imperial favour. The decisive measure adopted
by Lin of excluding British commerce for ever from the eni
pire has received the approbation of the emperor, and the
commissioner has not only been relieved from all the respon-
sibility of the ordinance, but the power of modifying it has
been taken out of his hands; and he is thus precluded from
entering into any negotiations for the restoration of our
intercourse, all of which must be henceforth directed at once

to the court at Pekin, and not to its minister at Canton.
Before the Emperor's pleasure had been know, the com-
missioner issued a fresh edict (a copy of which I transmit
herewith), prohibiting the evasion of the new law by the
transhipment of British goods to foreign bottoms, to be con-
veyed to Canton under the protection of a foreign flag, to do
so. The Captain of every American and other foreign ship,
before being permitted to enter the port of Canton, was re-
quired to give bond to the following effect :—" If we have
got on board the goods and merchandise of any ship belong-
to the English nation, no matter whether taken on board
within or without the Grand Ladrone Island, or on the.high
seas, or at Singapore, or at Penang, or at Manila, or while
touching at any other of these foreign possessions. If any
thing of the kind be found on board, we are hereby perfectly
willing that both ship and cargo be confiscated."
The Thomas Coutts had commenced taking in her home-
ward cargo, and was expected to leave about the end of
January. She was being loaded by the merchants at the rate
of £8 to £9 per ton. The Royal Saxon, Captain Towns,
had also succeeded in getting up to Whampoa. It appears
her Majesty's ships Volage and Hyacinth had left their an-
chorage Tankoo, and repaired to Macao, for what reason
does not appear, unless to enjoy Christmas-day at that place;
and the captain of the Royal Saxon took advantage of their
absence and entered within the Bogue, of course having pre-
viously signed the required bonds. Connected with this
event is the capture by the Chinese of Captain Gribble,
of the firm of Gribble, Hughes, and Co., who proceeded
after the Royal Saxon in a Chinese fast boat for the
purpose of putting a tea taster on board, which, having
accomplished, as he was returning to the fleet his boat was
seen and chased by a Mandarin boat with about fifty rowers,
and was overtaken close to the shore—himself taken out and
carried away—but all his Chinamen escaped by jumping
overboard and wading ashore. On the circumstance being
made known, a number of the boats of the fleet at Tangkoo
was manned with the greatest promptitude and went in pur-
suit, but failed to come up with the boat. On the 3rd of
January it was ascertained that Captain Gribble was in con-
finement at Canton,'"and it was expected that he would be
immediately released therefrom by the Commissioner.
The officer and crew of the Sunda, wrecked on the coast
of the Harnan had been conveyed to Canton, where they
were at once admitted into the city, and introduced to the
Commissioner and all the other public authorities. They
were treated with great kindness ; the sailors were regaled
with a pork feast, and the whole party was sent on to the
English fleet without detriment. Lin talked much with the
captain, and was greatly delighted with Mr. Thelwall's book
against opium, a copy of which appears to have been on board,
and which was read to him, it is stated by a cabin boy. He
is also reported to have said that notwithstandidg all that had
passed, the English might return, if they would engage in
the lawful trade ; but this is inconsistant with the edict.of
eternal exclusion, to which he had obtained the Emperor's
sanction.

The late conduct of Captain Elliott seems inexplicable,
even making every allowance—and great allowances ought to
be made--for the difficulties of his position. He appears to
have made an attempt at reconciliation, which has only
afforded a fresh opportunity to Lin to degrade him still fur-
ther. This vacillating conduct of the Superintendent is
lamentable, and it is matter of congratulation that all further
negociations with the Chinese will be speedily placed upon a
different basis, and entrusted to other agency. Captain
Elllott's position has been a very difficult one, and his feel-
ings are not to be envied when the accounts of the dishonour
his bills have met with from the British Government shall
have reached him.
A very great error appears to be prevalent in England in as-
suming that the opium trade was the sole cause of the late
crisis in China. It undoubtedly accelerated it, but, inde-
pendently altogether of matters connected with opium, the
time had arrived when the interference of our government
with respect to China was absolutely necessary to place our
relations upon a proper footing. The British Government
ought to have peremptorily interfered in 1834, on the occa-
sion of the murder (for it was little better) of their represen-
tative in China, the late lamented Lord Napier the occur-
rences connected with which had nothing whatever to do
with opium. Nothing however was done at that time,
the attention of people in England being engrossed with
some petty affair of politics, and the insult was tamely
submitted to. Nothing short of a crisis such as has
the occurred, and the consequences of which will be felt through-
out length and breadth of the land, was sufficient to rouse
the British Government to a sense of the importance of the
interests at stake.
•
cu.
With regard to the •oijaercstettol
communicate.expediti nto China, I have
not any additional parti
pfee rwa t daysi o n s
weLsohradl Ahuecalrcl ainndorheasdeafirrn7treetily awt
hCaatl ctulitet a
p,
laatni d
obi! ao
will be.
board Sir J. J. Gordon Bremore, comm commanding
i no on
Madras on
H.M. ship Wellesley, Captain. T. Maloa.l(.iiitiol,eare(n,dac,toiliiatnvi
the British squadron in the Indian sea,
ed y
i r a
witht l
the 11th instant, from whence she was to
for Calcutta in order to enable the commodore
Lord Auckland, as to the measures to be adopted in relation
to the expedition destined for China. sai
sail
to rcnomnt.e
The expedition is said to consist of the following troops ;
from Ben,,al, her Majesty's 21st and 26th regiments of native
infantry ;from Madras one regiment of Queen's troops four
of native infantry, one regiment of artillery, and one of en-
gineers ;—troin Ceylon, one regiment of Queen's troops,
,
total ten regiments. General Sir H. Arbuthnot, Commander-
in-Chief at Ceylon, is to command the above-mentioned
force; and Generals Oglander and Walker are to have divi-
sions.

The expedition is not intended to arrive in China before
May next. Two vessels have been chartered each to take in
200 tons of coal and some stores, and to proceed to Madras ;
from thence receiving troops they proceed to Ceylon and
Tr will change the troops and proceed
to vessels, the Ernaad Hiaernar, icnhcoinna. Trincomalee
light where
other
ry
Rai-
many, Nassurat Shaw, Indian Oak, Edmonstone, Alla Al-
lenie, and Mahomed Shaw, each receiving 300 tons of coals
and provisions, and, taking troops, will proceed direct to
China.
Tenders for tonnage to convey her Majesty's 55th regi-
ment, had been issued, but afterwards countermanded.
Brtaaingdadoiefr
tShteewisraorrtthofetVneDllio.vri has
si.on obneetnh appointeddepattu to r
eo
ft h coin_
Major-
General Welsh.

RETURN OF KILLED AND WOUNDED OF A DETACHMENT
• UNDER THE COMMAND OF LIEUT.-COLONEL ORCHARD,
C. 8., BEFORE THE FORT OF PESHOOT, ON SATURDAY,
JANUARY 18, 1840. _

Camp, Peshoot, January 18, 1840.
Detail.—Artillery—Killed, none ; severely mounded,
none; slightly wounded, 2 sepoys.
Sappers and Miners—Killed, 1 sepoy ; severely wounded,
1 naick and 1 sepoy • slightly wounded; 1 serjeant.
Ist European Regiinent—Vled. 1 private ; severely
wounded, 1 ensign and 3 privates ; slightly wounded, none.
37th Regiment, Native Infantry—Killed, 1 havildar and 6
sepoys; severely wounded, 1 lieutenant, 1 havildar, 1 naick,
and 9 sepoys; slightly wounded, 1 drummer and 5 sepoys.
His Majesty's Schah Shoojah's 3d Regiment—Killed, 1
jemadar and 9 sepoys ; severely wounded, 2 havildars, 3
naicks, and 10 sepoys ; slightly wounded, 7 sepoys.
Total—Killed, 16 ; severely wounded, 20 ; slightly wound-
ed,

troopei of Captain . Christie's horse wounded
Seven horses drowned in crossing the fords.

NOMINAL ROLL OF OFFICERS KILLED AND WOUNDED.

Lieutenant Collinson, 37th Regiment, severely wounded ;
Ensign Hicks, Ist European Regiment, severely wounded ;
Jemadar Gunace Tewary, His Majesty's Schah Soojah's 3d
Regiment, killed.

J. R. POND, Lieutenant,
Detachment Staff.
J. ORCHARD, Lieutenant-Colonel,
Commanding Detachment.
By order of the Right Hon. the Governor General of India
in Council, T. M. MAI)DOCK,
Secretary to Government of India.

(Front the Bengal Hurkaru, of Feb. 13.)
The Governor-General held a levee this morning at ten
o'clock, and a large assemblage of civil, military, medical,
legal, clerical, and miscellaneous officers were honoured by
receiving a bow from his lordship. There would be no diffi-
culty in saying who were there, but it would be hard, per-
haps, to say who were not, for Calcutta had poured out all
her " bettermost people" into Government-house for the oc-
casion, and red coats, blue coats, black coats (legal,) black
coats (ecclesiastical,) and other coats of all sorts, were ming-
led in the presence chamber thickly and confusedly, afford-
ing every one an excellent opportunity of seeing his friends
without the trouble of calling on them. The commander-
in-chief, the members of council, the judges, the law com-
missioners, &c., as in duty bound, were all present ' • and his
lordship, who appeared to be in very good health, bowed for
an hour by the cathedral clock, and then withdrew from, as
he had entered, the presence chamber to the tune of " God
save the King." A company of the Cameronians, were in
attendance, as a guard of honour, ordering arms on a Mirza-
pore carpet, and presenting them amongst the chandeliers.
We observed, that some constables, were present also, but
did not learn that any pockets were picked.
It gives us great pleasure to be the means of recording an
act worthy of the Bombay column of the British army of
the Indus, in which are displayed in one view, the valour,
the generosity, the highmindedness, and the ennobling spirit,
that animates the whole. All our readers are aware that the
gallant corps which stormed the fortified city of Ghuzni be-
came possessed of a ,magnificent sword, that belonged to
Prince Hyder Khan, the Governor. As a part of the general
prize property, the weapon was ordered to be sold by auction,
and accordingly, after due notice, it was brought to the ham-
mer on the arrival of the head quarters at Ferozepoor. The
officers of the Bombay column purchased it, and then, by
the agency of Major-General Wiltshire, commanding that
column, they presented it to their commander-in-chief, as a
most honourable tribute of their esteem, of their respect, and
of their gratitude ;—of esteem for his valour, of respect for
him, who had once been their own special chief, and of gra-
titude to the general who had led them to victory, to con-
quest, and to triumph. In the letters which we subjoin are
expressed in the frank simplicity of a soldier's style, those
sentiments which do honour to all the parties.
It is worthy of notice, that a similar proceeding on the part
of certain officers in one of the colonies has lately produced
the republication of a general order from the Horse-Guards,
prohibiting all such demonstrations in future. It, however,
gives us pleasure to state, that the testimonial was presented
to Lord Keane before that general order was known in this
country.