The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-04-14 00:00:00

SHAW V. SCARISBRICK ESQ.

This action was brought, nominally, against the late High-
sheriff of the county, Charles Scarisbrick, Esq., but the real
defendant was Joshua Oglethorpe, one of the sheriff's offi-
cers. The record set forth, that a writ had been made out
against William Hamilton, and that the defendant, having
been furnished with the execution, had failed to arrest him
that he had given the writ to others, who were not officers,
&c. The defendant had entered various pleas, amongst
which, the first was, that no debt was owing by Hamilton.
The account charged to be owing by Hamilton was £6O.
Mr. Oglethorpe was called and ordered to produce the war-
rant. He said he had not it. When asked when eit was,
Mr. Wightman, his counsel, directed him not to answer,
unless on oath. The question was repeated and the witness
was mute. Mr. Serjeant Atcherly directed that the subpoena
of the witness should be read.. The subpoena was read. It
commanded Joshua Oglethorpe to produce the warrant ; and
again he replied that he had not got it. He was asked where
it was, but not one word did he answer. His lordship inti-
mated that the witness was not bound to answer till he was
sworn. Mr. Serjeant ATCHERLY . Then I will submit to be
nonsuited, and wilt settle with Mr. Oglethorpe another day.

SERVICE AND ANOTHER V. HART.

Mr. \%TIGHTMAN,Henderson, who, with Mr. appeared for
the plaintiffs, Mr. Thomas Service, and his brother, who
are painters, stated, his clients claimed £49 from Mr, Lewis
Joseph Hart, who amongst other pleas, pleaded a tender.
As the proof of this issue rested with the defendant,
Mr. CROMPTON, his counsel, stated the case. He said
the claim arose out of the employment of plaintiff to do some
work on the premises of the defendant, who was a shop-
keeper, in the Crescent, in this town. When the work was

. _
finished, there was some dispute, as was frequently the case
with contracts, about the money due to the plaintiff, the
latter claiming £49, and the defendant not being willing to
pay more than £45. As the plaintiff had declared his in-
tention of going to law, Mr. Hart, at first, determined to re-
sist the demand, as he was of opinion that the work of the
plaintiff had done his premises more injury than good ; but,
at length, he was persuaded, rather than go to law, to pay the
amount claimed. It had been offered and refused, and he
would call Mr. Harding to prove the. tender of £49.
Mr. John Harding, who said that he was a book-keeper in
this town, stated, that he made a tender of the money to Mr.
Thomas Service on the 25th of October last. The reply was,
that the business was in the hands of an attorney, and he had
nothing farther to do with it. He (witness) said, Mr. Hart
did not wish to have anything to do with an attorney, and he
offered Mr. Service £49 6s. 9d. . _

Mr. WIGHTMAN cross-examined the witness minutely,
touching the circumstances that had occurred, and the words
that he made use of in making the tender. It came out,
that the witness was clerk to Mr. Yates, attorney, and that•
he had been sent to make the tender by Mr. Yates. After
the witness had answered even question put by Mr. Wight-
man, and pointed out Mr. Thomas Service, the learned
counsel told him to look steadily in the face of Mr. Service,
and tell him, on his oath, if there were one word of truth in
all that he had sworn to. In the midst of the loud laughter
that followed this question, Mr. Service exclaimed, that
there was not a word of truth in all that the witness had
said, and that he had never seen him or received any tender.
Mr. WIGHTMAN said, he was unable to contradict the
witness, except upon the testimony of Mr. Service, whom
he could not call.
A verdict was taken for the defendant.
It was intimated to his lordship, that there were no more
causes for him to try. Hereupon he bowed a farewell to the
jury, and left the court, which broke up at four o'clock.

NISI PRIUS COURT.-SATURDAY.

ALLEGED ASSAULT AND FALSE IMPRISONMENT.-THOMAS
V. QUICK AND ANOTHER.
_ _

In this action Mr. John Thomas, a tidewaiter, was the
plaintiff; the defendants were Thomas Quick and Thomas
Browne, police-officers ; and the action was brought by the
plaintiff recover compensation in damages from the defen-
dants for an alleged assault and false imprisonment. The
defendants pleaded not guilty.
Mr. Alexander and Mr. Murphy were the counsel for the
plaintiff; there appeared on behalf of the defendants Mr.
Cresswell, Mr. Sergeant Starkie, and Mr. Crompton.
The jury, after a few minutes consultation, found a verdict
for the defendant.

BREACH OF PROMISE OF MARRIAGE.
FENESSY V. SHARP.
This action was brought by Miss Catherine Fenessy to re

cover from the defendant, Mr. George Sharp, a pawnbroker
carrying on business in Liverpool, compensation in damages
for a breach of promise of marriage.
Mr. Alexander and Mr. Murphy for the plaintiff; Mr.
Cresswell for the defence.

Mr. ALEXANDER having opened his case, called
Mr. Richard Fenessy, who, said, I am a joiner and cabinet
maker in this town. The defendant is a pawnbroker. He
was a widower seme time since. He had married a sister of
my wife. He had no surviving children by her. In the month
of May, 1837, my sister, the plaintiff, came over from Ireland
to Liverpool, and resided with me. The following day was
Sunday, and on the evening of that day Mr. Sharp came to
my house, and I introduced Miss Fenessy to him. From
that time up to.last May Mr. Sharp came to my house every
night in the week, except Saturday night. We were on very
intimate terms, and when we were not at his house he was at
ours. Some time after I was induced to suppose that an
affection had (sprung uli between the plaintiff and defendant.
In January, last year, I had a conversation with him re-
specting my sister. He was in our house, but he called me
out, and said, " Mr. Fenessy, I know what our Mrs. Fe-
nessy's humours are. It's all about me and Miss Fenessy."
I said, " I know it." He then gave me his hand, and said,
" Tell Miss Fenessy, that, whatever Mrs. Fenessy does, or
says, above all things for Miss Fenessy not to take any no-
tice of her, for, in a short time, I will marry her ; but do not
let Mrs. Fenessy know anything about it." On the follow-
ing Sunday, Sharp invited me to (line with him at his house.
My wife was then taking care of his house during the day
time, in consequence of his having lost his housekeeper. I
and Sharp went out to take a walk in the evening. In the
course of conversation, we turned to the subject of his mar-
riage, and Sharp distinctly told Ide, that the reason he did
not marry was, that, if he did, the Misses Watts would stop
his business. The Misses Watts were the daughters of the
person to whom he scrved his time, and with whom be after-

wards formed a partnership. He said, he thought, that
after the summer, his plate stock would cover what he owed
the Misses Watts, and that by the next -January he would
marry Miss Fenessy. 1 then told him that I would insure
my life for his for £lOOO, and he said that insurance would
not shorten life. My object was' that it should be for Mr.
Shaip's benefit. Ile spoke often to me about the marriage,
and always as of a fixed and settled thing. I had afterwards
some conversation with him respecting the substance of some
rumours. In the early part of September Mr. Sharp was in
Whitechapel, in company with a person named Smith. I
told him (Sharp) that.l was looking for him, and asked him
if he had said my sister Catherine was pushing herself upon
him. He said that he had not said so, nor had he ever any
reason to say so. I then said that Mrs. Fenessy had told
me that that was the reason of his having promised my sister
marriage. He, went back with me to my house; to show that
he had said no such thing; and I said to Mrs. Fenessy,
" There is Sharp, to explain the words he is said to have
made use of in respect to my sister, Catherine Fenessy."
•They went into the house, and sirs. Fenessy said to him,
" You did say so." He said, " I did not." She said, " You
did ; and you also said that you had taken a second thought,
or consideration, I forget which." And he said, " I did say
so ; that she was a Catholic and I a Protestant ; and that it
would be for life, and we might not live happily together,
perhaps." He then said that he was determined to marry,
but not in the same family as before, let the consequence be
what it would. , _ _

Cross-examined.--Mrs. Fer►essy was very kind to the de-
fendant on every occasion when she had an opportunity. She
went every Saturday night to his house, and stood behind
his shop for him. Her objection to the marriage, I suppose,
was on account that she had reared his first wife from a child
until she was married to him. My sister, the plaintiff, is 32
or 33 years of age. I could not swear that she is any more,
nor could I swear that she is not 34, seeing that 1 have not
got the register.
Re-examined.—l believe Sharp's stock, from his own ac-
count of it, to be worth fully £lOOO. He showed me his
books, that he was making something more than £lOOO
a-year by his business. He has repeatedly told me that, but
not since May or June. _ _

By Mr. CuusswELL.—l know there is a large mortgage
on his stock, somewhere about £3OOO.

Mrs. Frances Fenessy.—Mr. Sharp's first wife was a sis-
ter of mine. lie told her, on her deathbed, that he would
never marry any one again. [The witness then corroborated
the principal part of her - husband's evidence.] Mr. Sharp
will be 36 on his next birthday. The plaintiff is about 32 ;
she is not old.

Mr. CRESSWELL.—When do ladies, in your opinion, be-
gin to grow old? Ido Lot know, sir.
Mr. CRESSWELL.-1 beg your pardon for putting such a
question to you. [The witness was an elderly woman.]
By Mr. CRESSWELL.—I was never in any humours about
the intended marriage. I thought Mr. Sharp had a right to
please himself. He candidly acknowledged to me, when I
asked him, that he bad promised the plaintiff marriage. He
said, " I promised her marriage ; she shoved herself on me."
-(Laughter.)
Mr. William Smith, flour-dealer, was examined, and tes-
tified to the correctness of the first witness's evidence with
respect to conversation which had taken place in his presence.
Mr. Jas. Martindale, the clerk of Christ's Church, proved,
that the defendant was, on the 25th of December last, mar-
ried at that church, to Miss Healing.
Mr. CRESSWELL addressed the jury in mitigation of da-
Ifeetsliict for the plaintiff. Damages, £4O.
ASSAULT.—SHAND b. SHARP.

This was an action to recover damages for an assault, al-
leged to have been committed by the defendant, Mr. Win.
Sharp, an innkeeper, in Liverpool, on Mr. Shand, also an
innkeeper, in Liverpool. The defendant pleaded guilty.
Mr. Alexander and Mr. Addison for the plaintiff; andiMr.
Cresswell for the defendant.
Mr. ALEXANDER, in his opening statement, said, that the
parties were connected, they having married sisters, on which
the learned Judge endeavoured, but ineffectually, to have the
dispute arranged out of court.
It appeared, from the evidence, that, on the evening of the
13th of April last, the plaintiff went home in a state of in-
toxication, when his wife, seeing the state he was in, pre-
vailed on him to go immediately to bed. The bed-room of
the plaintiff was on the same floor as the kitchen, and he had
got to the door of the room when the defendant, who had
been in the house nearly an hour before, said, on hearing that
Mr. Shand had come in, that he must have a glass of ale with
him before he (plaintiff) went to bed. The plaintiff accord-
ingly returned into the kitchen, each of the parties had a
glass of ale, and then Mrs. Shand got him to bed • and, lest
he should be induced to get up again, locked up his clothes.
Not a long time had transpired, when noises were heard in
the kitchen, proceeding from the bed-room. Mrs. Shand
went up, and, on her calling out for assistance, a Captain
M'Culloch hastened to the room. The defendant and the
plaintiff were in the room. The former having hold of the
latter. The bed-clothes had been torn from the bed. The
plaintiff was standing in the middle of the bed-room, in his
shirt, which was torn, and he was bleeding from the mouth
and nose : his chest was sore, as if it had been severely
beaten, one of his ribs was broken, and the left thigh was
hurt. The defendant was torn away from the plaintiff and
induced to leave the room. Mr. Shand, in consequence of
the injuries he had received, was confined to his bed for ten
days, and the surgeon attended him for three weeks longer.
There was no evidence to show why Mr. Sharp had entered
the bed-room ; and the only evidence as to the cause of the
assault was an admission stated to have been made by the
defendant to one of the witnesses. Mr. Sharp was stated to
have said, that the dispute arose respecting the quality and
quantity of the ale respectively sold by them.
Mr. CRESSWELL contended, that several of the circum-
stances elicited in the course of the evidence showed, that
the assault had been rather a fight between two drunken
men, and was of such a nature as to call for very trifling
damages.
The jury found for the plaintiff—damages, £2O.
With this cause the business of the Assizes terminated.
That was at a quarter past six o'clock.

WIG AN.—We have great pleasure in announcing, that the
extreme distress which so long and so extensively prevailed
amongst the labouring classes in this borough, has at length,
in a great measure, passed away. Most of the hands are at
work, and the prospects of the poor begin to look a little
cheering. The relieving committee have this week had very
few new applications.—Wigan Gazette.