The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-08-25 00:00:00

PRFSPNTATION To PRINCE. A LIIIIRT.—FIimIy print
- t R }al v'sit aclindf•cca•ii r► to notice a mpenificent

...i (with great strirtic ta•ti-) a view of Liverpool,
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received by Mr. G. 1.1 I atYri-nce, we find the Prince is so
poor Law, i..•alid all alt),,ir that its principle was to • iii giatifi.d with vs piiwers that he has trianTtitti-qt it
reduce the loiter
' ac really " '"Y to the unfortunates, Who play." Mr. Chmdbartt has sine.. received %et intoap 'full
io our isoattls of thiattlians fir temporary met t, through Lord Al emir)). Gloom of the 4tP01:"Itof
edhetnatical Iti,trunp-nt Maker to his
stagn film of trade or Optician and M m rases of siektips..
We can support you in the
Ri•yal Hishties., the warrant for which aptiears a gene-
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, Choose between our die- ral one—not being confined to Liverpool. which is cer-
htlidnipvanic; hgirmet..t a compliment as .311 r. Chadourn could have
of such wages as we offer

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wages

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workhouse for so mile!
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THE LIVERPOOL STANDARD.

THE ASSIZES

the murder. Cave information to the police on the
Saturday night. His wife was not examined before the
magistrates, as she was out of town from the day after
the murder.

ROWN COUNT.-I ESTHRDAY

The court opened at nine o'clock, and an unusual num-
ber of people were in attendance to hear the trial of the
two boys accused of the murder in Tuer-street, Manchester,
On the Judge (Mr. Justice Wightman) taking his seat,
Marian Dannett, Hannah Gee, Thomas Bond, Ann Bent,
Edward Bond, and Thomas Croft, who had pleaded guilty
of bigamy, were called up for sentence. The learned
Judge remarked upon the frequency of these cases, which
shewed that the marriage tie was almost disregarded.
The sentence upon Thomas Bond and Edward Bond was
6 months' imprisonment, Hannah Gee and Ann Bent 4
months, and the other prisoner 2 months. With respect
to Thomas Croft, whose ease was brought before the
Court by Mr. Sergeant Wilkins, the sentence was im-
prisonment for 12 calendar months. _ _ _

Thomas Lamb, policeman, deposed to his having been
called by the preceding witness, and knocking at the sta-
ble door. Was on duty on that beat, and dispersed the
people who were making a disturbance in a court in
Burns-street. There were about forty or fifty of them.
Had been twice up Jenkioson-street that night, but bad
not continued any time. Was off his beat a part of the
night at a fire.

Elizabeth Bridge lives in Jenkinson-street, opposite
Seddon's coal-yard. Saw the blacking-boy come out of
the yard after she bad closed her father's shop, a little
after eleven o'clock. He came over, and she lent him a
candle to look at Seddon's dandy ben. When he got
the candle, he went away in the direction of the coal-
yard. After some while Dean brought back the candle,
saying it was that which the boy had borrowed.
Matthew Mills, shopkeeper, Jenkinson-street, went, on
the evening of the murder, to the Spread Eagle Inn, for
ale. On returning, about a quarter to twelve, saw two
boys come out of Seddon's stable, whom he identified as
the prisoners. About ten minutes afterwards they came
into witness's house, and Seddon asked his wife if they
bad any cakes ; but they had none. Subsequently they
were furnished with some bread and cheese, and some
small beer. Seddon gave some of the cheese to Dean,
but be said he was sick and could not eat, and put it on
the table again. After leaving the shop they came back,
and Seddon asked for the bread and cheese. The prisoner
Dean appeared very sick, and hung down his head. It
struck twelve o'clock when they were in the shop.

A number of mint cases were next disposed of, and the
prisoners sentenced. The jury list was then called over,
and the absentees fined five pounds.

CHARGE OF MURDER

'James Seddon, 17, and Joseph Dean, 12, were placed
at the bar, charged with the murder of George Ray, in
Manchester. The elder prisoner is a heavy looking lad,
with rather a forbidding countenance, one of his eyes
being apparently distorted, and both sunk in his head.
The younger boy has nothing decidedly bad in his ap-
pearance, except a smirking look—rather out of place,
considering the serious position he occupied. Neither
appeared affected. The mother of Seddon, who was in
court, and cried much at the appearance of her son, was
advised by his counsel, Mr. Sergeant Wilkins, who was
retained for the defence, with Mr. Taylor, to withdraw.
On the jury being sworn, three were objected to, on the
ground of their residence in the locality of the murder.
The witnesses were ordered out of court. Mr. Pol-
lock was for the prosecution, with Mr. Owen, and
stated the charge, that, on the 19th of June, they bad
murdered George Ray, a boy of about thirteen years of
age. The case, the learned counsel remarked, was one
depending for proof upon circumstantial evidence, which
was not all times to be depended upon ; but in the pre-
sent instance, the crime was established by so strong a
chain of circumstances as sufficed to fix it upon the pri-
soners. The younger boy, Dean, would be proved to be
in the habit of tending cows in Chorlton, in the suburbs of
Manchester. The prisoner Seddon had for some period
before the murder supported himself by keeping a coal-
yard in Jenkinson-street, where his parents keep a small
provision shop in a cellar in the same street. The learned
counsel handed over to the jury plans of the locality
for their guidance.

Margaret Allan, the younger, was next called, and de-
posed to being at the window of her father's house, atter
twelve o'clock, on the night of the murder, and seeing the
prisoners enter Seddon's hut.
Margaret Allan, the elder, recollects her daughter (the
preceding witness) looking out of the window, and making
some remark to her. She herself looked out, and saw
Seddon coming out with something on his shoulder. He
crossed the street, and went towards Tuer-street.
Thought it was coal he carried. A little boy pulled the
door to after him.

Cross-examined by Mr. Sergeant WILKINS : Was not
examined before the magistrates in Manchester, or the
coroner. Only gave information to the police a fortnight
ago. Saw Seddon come out with the sack on his shoul-
der, and the little boy followed him about half a minute
afterwards. When first asked about the subject, said
that she bad never stated Seddon to be the party sbe had
seen. Had never said to any of her neighbours, that she
was glad she had neither seen nor heard anything about
the matter. Had been an hour the first time, and an hour
and a hall the second time, with Mr. Taylor, at the
Town-ball, in Chorhon. Told him nothing the first
time ; did not wish to have any hand in it at all. Told
him for the first time on Sunday week.
Re-examined : Had mentioned what she had seen to
some of her neighbours.

On the morning of the 19th, the deceased left his home,
with an ass, carrying tins of blacking, in which he dealt,
accompanied by his brotner, who generally assisted him
in carrying on his business. About eight o'clock in the
evening they first met the prisoners; and the deceased in-
tended to call upon Seddon's father to sell some of his
blacking. He had at the time received about four-
teen shillings. At about a quarter past ten o'clock,
the two prisoners were seen again in company with de-
ceased ; and they were proved to have offered a bet
to the deceased as to the amount of money he had
in his possession. At about twenty minutes to eleven
a witness saw the prisoners with the deceased
again, who on that occasion had been joined by his little
brother ; and the deceased had in his hands a knob stick,
which was afterwards found near his body. A little after
eleven the deceased was seen in search of his little brother,
who had again left him. and the three persons (said to be
the two prisoners and the deceased) went in the direction
of the coal yard of the boy Seddon, which they were seen
to enter, Seddon himself stating that the object of the visit
of the deceased was to see a Bantam hen. About a quarter
of an hour after entering a noise was heard in the stable,
and shortly afterwards the deceased came out and went to
a house in the neighbourhood for a candle to look at the
hen. This was the lest occasion on which he was seen
alive, and about a half an hour afterwards the candle was
returned by the young prisoner Dean. About a quarter
to twelve o'clock the prisoners went into a provision shop
in the neighbourhood and Seddon asked for something
to drink ; but Dean was apparently very ill and could not
tlrink. He seemed "down-hearted," and shortly both went
to the coal-yard. At nearly one o'clock a witness saw
two persons come out of the coal yard, one of them car-
rying a burden covered with a wrappering, end went down
Tuer• street, in the direction of the Black Brook, where
the b

Elizabeth Jackson, wife of Thomas Jackson, already
examined.—On the night of the murder beard a noise of
a cow, and woke her husband, and sent him out. Got
up herself afterwards, and stood beside the window, and
heard the clock strike one. Afterwards looked out in
the direction of the coal-yard, and saw two persons enter.
They came out at the side-door, and afterwards went in
again. They next came out, carrying ts-;mething with
them, and laid it down on the flags in Jenkinson-street,
and then dragged it in again: Afterwards she saw one of
them come out, carrying something, cross the street, and
walk down the channel on the opposite side, in the direc-
tion of Tuer-street. It was something dark-coloured
which he carried. A boy subsequently followed Seddon
in the same direction, with something like a basket in his
left hand and a stick in the other. When he was turning
the corner of the street be hit it with something which
gave a sound like a can. Her husband came in shortly
afterwards, and she told him what she had seen. In the
morning she saw the deceased boy Ray brought into the
Spresd Eagle yard. She went in the morning and looked
into Seddon's coal-yard, when she saw the prisoner Dean.
Seddon's father she also saw coming out of the place.
She had mentioned the matter previous to going to Burn-
ley, but did not give information to the police until a
week ago.

Cross-examined by Mr. Sergeant WILICINS.—WouId
not say how long she had been a married woman, or how
she knew that her former husband was dead. Did not
say to Mr. Taylor that she could not swear it was Seddon
she had seen.

of the deceased was subsequently found. The
ynunger prisoner carried a box and a stick, both of which
were subsequently found near the body ; and a witness
deposed to a noise being heard, as of some rubbish being
thrown into the brook, and two persons answering the
description of the prisoners, were seen leaving the spot in
the direction of Ormond-street. About four o'clock the
body was discovered, laid in such a position as gave
reason to believe that it had been carefully deposited, and
the circumstances forbid the idea being entertained that
the deceased had fallen in. A contusion was found on
his temple, which accounted for his death. Several arti-
cles, identified by the mother of the deceased, were found
in Seddon's stable, some of which were claimed by Dean.
The box in which the deceased carried his money was
found carefully secreted in the stable, and in various
parts of the stable money was found hidden, and some in
the box of Seddon.

Jane Williams.—Resides at 28, Tuer-street. On the
morning of the murder, between twelve and one o'clock,
heard a scuffle in the neighbourhood of the bridge over
the brook and saw no one on the bridge, but two persons
were walking quickly down Ormond-street, one of whom
seemed taller than the other. Heard a falling cf some-
thing int,. the brook instantly after the scuffling noise.
Has heard similar noises on the bridge before and since.
Cross-examined.—Cannot say whether the persons she
saw in Ormond-street were men or boys.

Mary Jackson, daughter of Mr. Jackson, a preceding
witness, went to her lather's yard the morning after the
murder. Saw the two prisoners, and said t'.) Seddon.
"Well, Jim. what became of that lad last night." A few
minutes after saw Seddon driving some hens ont of the
stable. Dean was in the hut lying on a bench. Had seen
him with a dark coloured mackintosh.

Mr. B. Booth, the first witness called, deposed to the
correctness of the plans of the locality of the alleged
murder furnished to the Court and Jury ; but on cross-
examination by Mr. Sergeant Wilkins, it appeared that
there was some error in the plan, not showing accurately
in w.

Ann Haslam.—Lodges, with her husband, at Mr.
Gregory's, in Jenkinson-street. Seddon occasionally
slept there ; did not sleep there on the 19th, the night of
the murder. Saw bis father go to the stable at eight
o'clock on the following morning. The prisoners came
out of the stable that morning. The witness deposed to
having gone to Seddon's coal-yard for coals the week
before, and he had none._

laces the Black BrOok is covered or built over.
The witness admitted that nearly fifteen windows over-
looked the bridge over the Black Brook, some of them
being those of the Eagle Tavern, where a number of flys
were kept for hire. There are also many courts in the
neighbourhood. The cabin of the elder prisoner is only
boarded on the side of Jrnkinson-street.
-Th.p.r.•41.-Peffervtb, ft.tt. of
witness called, and deposed to seeing his child alive for
the last time at eleven o'clock in the morning of the 19th

James Hughes.—ls Hamer's cleaner at the Spread
Eagle. About five minutes to four on the morning after
itlie-mora or -ere i be--,rtatrt,---lvturttuvr, an a saw the body
of the deceased lying across the Brook, which at the time
contained very little water. His head was out of the
water, and other portions of his person quite dry. Got a
policeman, who assisted in taking him out. Observed
two marks on the right side of the neck. A tin can
(produced) was found bilithe body:
Cross-examined by Mr. Sergeant WILKINS.—It wag
thought at first that he bad fallen into the brook in a fit.
His trousers were unfastened, and his head was upon a
stone. There are many stones in the brook. A club
was held at the Spread Eagle that night.
Joseph Bayley, police-constable, deposed to having as-
sisted to take the body out of the brook, and confirmed
the evidence generally of the preceding witness.
John Taylor, superintendent of police in Manchester,
on the morning of the murder went to the spot, and as-
sisted Dr. Golland in examining the body. Produced a
cap and jacket found on the boy. Directed two officers
to apprehend the prisoners, who were brought to the
police.office in Chorlton-on-Medlock. Both of them
said they had left the deceased about eleven o'clock at
the corner of Burns-street, and had not seen him since.
Went afterwards to the cabin in Jenkinson-street, and
found a box unl-ckeil. and 2s. 411. in capper in a stock-
ing. Fi'und alSti a blue and white handkerchief, which
Seddon said was his. The money he raid was coal money.
There were no coals in the yard. Prisoners said they had
slept in the stable on the preceding night. Described the
bridge over the brook, the construction of which accounted
for the scuffling noise mentioned in the evidence of the
witness Williams.
Cross-examined by Mr. WILKINS : The witness said

Y I of J

ulv, when be sent him out with goods for sale (black-
ing and blacklead). He had with him a boy, Charles
Holehouse, eleven years old, and a donkey carrying his
goods in two square boxes and two other boxes. He had
also a round box for his money, which witness gave him
that morning. When the boys didnot return

at the usual
hour went in search of them and found the little boy cry-
ing in Jenkinson-street with the ass. After searching in
vain for the deceased, returned home. Only founa two
of the boxes with the ass. Went out again and found his
son's body at about four o'clock, a crowd being round it.
(The witness was here considerably affected.) Nothing
material was elicited on cross-examination.

Chas. Holehouse Ray, brother of the deceased boy, was
next called, and deposed to his accompanying his brother
during his day's round, and to the latter counting his
money about eight o'clock at, night, in Green Heys field,
when he had fourteen shillings. The younger prisoner,
Dean saw him count the money. Both were beside de-
ceased and saw the money. Dean offered to pay for a
glass of rum if the two boys would drink it. They after-
wards played a game at cricket, the prisoners looking on,
and the deceased then sent witness away with the ass,
telling him to wait for him in Jenkinson•street. Deceased
put his money in his box, which be carried on his back.
Ilia silver was in a small box placed in the large one where
he put his copper. It was never taken out until he left
him. Witness met his brotber again when he was going
to serve Seddon's shop. No one was with him at that time.
Cross-examined by Mr. Sergeant WILKINS. The de-
ceased was a head taller than witness—about the size of
the elder prisoner, but stouter.
Richard Melling, examined by Mr. Owens, deposed to
meeting deceased and the prisoners, in Coupland-street,
Greenheys, about 8 o'clock in the evening of the alleg d
murder, when Dean gave witness a challenge to fight Sed-
don. Prisoners were sitting together on the flags, and de-
ceased was getting something out of his panniers. All
three went together to Greenheys field.

that the handkerchief was very like one worn by the pri-
soner Seddon, and that boy, from whom Dean said he
had received a marble found in the hut, said it resembled
one which he had given him.
John Leigh, policeman, in company with Inspector
Reeves, apprehended the prisoners on the morning after
the murder. Seddon was in his father's house, and Dean
at the door. Found upon them four keys, two flageolet
keys, and twopence in copper. Afterwards went into the
cabin, and on the chimney-piece found a key which un-
locked the stable door, where he found a box, (produced,)
which both denied to be theirs. Seddon claimed the
flageolet-keys as his own.
Inspector Reeves proved the apprehension of the pl:i-

George Gillespie, examined by Mr. Pollock : met the
prisoner and the blacking boy at a quarter past ten on the
night of the murder, at they corner of Chatbam-street.
Heard Dean ask the blacking boy how much money he
had, when the latter replied that he had more than Dean,
who offered to bet a penny it was not so. Seddon and
Dean afterwards walked down Booth street, to the cor-
ner of Jenkinson•street, where Seddon's coal-yard was.
When prisoners went away, deceased said something to
witness. Seddon and Dean came back in five minutes,
and the latter whispered to witness to know if the blacking
boy had been saying anything to him, and be gave no an-
swer. Left them all together.

. . . .
1 goners, and their declaration that they had seen the
blacking boy on the preceding night, and that they had
left him at eleven o'elock in Jenkinson-street. Produced
a marble, a mackintosh, and two handkerchiefs, taken

from the prisoners. The witness deposed to finding some
money secreted in various parts of the cabin.

John Holehouse, half-brother to the deceased, swore
that the articles found upon tie prisom rs were like those
in the possession of the boy Ray. The flageolet keys
were the same as he had. He knew them because one was
perfect and the other imperfect. The small tin box found
he had seen nearly every night.
Sarah Ray, mother of the deceased boy, deposed to the
resemblance of the handkerchief found in Dean's mackin-
tosh. It was discoloured as at present when she gave it
him, on the morning of bis death.
In cross•examination the witness stated that she had
identified a handkerchief, before the magistrates is Man-
chester, as having been hemmed by herself.
Sarah Lightbound, a washerwoman, had washed such
handkerchiefs as those produced for Kay's family. Wil-
liam Henry Balmaine, chemist, had examined the box
and corn produced, and found that they were stained with
blacking: on the keys he could not detect its presence.
Peter Tuer proved the letting of the coal yard to the
prisoner, Seddon, and leaving with him the key of the
stable to spew the premises to parties wishing to take it.
He considered him a boy of industrious habits.

Joseph Green examined: saw the prisoners and de-
emed, at twenty minutes to eleven o'clock, going towards
Bootle-street. lbey stopped opposite him in John-street,
and deceased went down an entry on the right hand of the
street. When he came out, they all went on towards
Bootle-street. Deceased had a stick in his hand.

Elizabeth Cooper lives in Burns-street, and at past
eleven o'clock on the night of the murder, saw three
boys, one of whom came to her and asked if she had seen
a little blacking boy with an ass. The other two stood in
Jenkinson•street, near the cellar of Seddon's father.
The boy who asked the question was the murdered boy.
Could not see who the other two boys were. The mur-
dered boy joined them, and they went away. About half
an hour after, the smaller of the blacking boys came up
with the ass from Jenkinson-street.

Cross-emanined by Mr. Sergeant WILKINS. A
person named Lambert lived next to the coal shed; was
about to be confined. A great number of people were
about their doors in the evening. There had been a row
in one of the courts in the neighbourhood, which con.
tinued from eleven till after one o'clock, and the police
were obliged to disperse the people collected by it.
Juo!ith Grimsbtrw, lives in Burn's-street, heard the pre-
ceding witness, asked if she had seen the blacking boy.
At the time it was a quarter to eleven by her clock.
Heard the other boy inquire for his brother about half-
an-hour after. Saw Seddon about ten minutes past
twelve opposite her door, and heard him call out Joe ; and
Dean came out of the court in Burn s-street, where the
row was. Seddon asked Dean what he stopped so long
for ; and both went towards the coal-yard. About twenty.
five minutes to one saw them again coming from the
Bootle-street end of Jenkinson-street, and Dean went in-
to the court again, and was driven out with the rest of
the people by the police. Seddon afterwards went into
the court and sat on a step. He afterwards came across
to witness's door, and whilst speaking to her All Saints'
clock struck one. Told him to go home to bed, and he

Henry Bailey sells coals in behalf of Lord Vernon,
had supplied the prisoner Seddon up to within a month
prior to the sixteenth of June, when he owed £i 14x. 2d.

•
In consequence of its not being punctually paid, he de-
clined to give further credit.
Cross Examined.—Prisoner has paid witness as much
as seven pounds at a time.
Mr. Walter Golland, surgeon, swore to hiving exa-

mined the body of the deceased, and demribed the inju-
ries found, which wrr • eternally slight. On removing
the scalp, found a quantity of clotted blood between the
scalp and the bone on the right temple ; and the brain was
much injured. The cause of death was a violent blow on
the right temple, which might have been inflicted by an
oaken spindle or a poker produced.
Cross-examined.—Had said that the injury might have
resulted from a fall. Examined the eves of the boy Sed-

don, and considered his vision very defective.
Re-examined.--A fall to produce such injury must be
from a considerable height. Thinks a fall from the bridge
over the brook might be sufficient.
A statement made by the prisoners, and signed before
the magistrates, was read to the court and jury, giving
their version of the proceedings of the day, Seddon and
Dean both stating that they left the deceased at eleven
o'clock, and attempting to account for the money and the
articles found.

went towards Tuer-street.
Thomas Jackson.—Lives near Seddon's yard, and saw
the prisoners and deceased go into the gate of the yard
about a quarter of an hour before he heard All Saints'
clock strike eleven. The blacking boy had a box and his
stick. A short time after thought be heard a struggle
inside the stable. A policeman came up, and he spoke
to him. The policeman knocked several times at the
stable door, but was not admitted, and went on his beat.
Was past the stable door again between twelve and one,
when all was quiet, and when he came home his wife told
hi© something. Found a stick (produced) in the Brook

This closed the case for the prosecution.
At about five o'clock, Mr. Sergeant WILKINS com-
menced the delivery of a powerful address in defence of
the prisoners, which occupied two hours and ten minutes.
The learned counsel, after an impressive warning to the
jury against the danger, in a case where human life was
to be affected by their verdict, of depending upon dream-

next morning.
Witness was cross-examined by Mr. Sergeant WiLittws
as to what he had said to the policeman on the night of

stantial evidence alone; and in a review of the testimony
of the various witnesses who had been examined, showed
many important discrepancies, and endeavoured to
show that some of the witnesses were not to be
credited, having only come forward at the last hour, he
suspected in order to get up a case for the sake of getting
to Liverpool. He commented also upon the inipraba-
bility that such a murder could have been deliberately
committed by two such boys, and contended that there
was nothing to shew that death had been caused by vio-
lence at all. The articles found upon the prisoners he
shewed could all be accounted for, as belonging to them,
except the box, which might have been accidentally left
by the deceased himself when in the cabin.
At ten minutes past seven, his Lordship commenced
summing up, which occupied until about a quarter to
nine, at which hour the jury retired ; and returned into
court at ten minutes past nine with a verdict of not guilty
as to both the prisoners.
The elder boy, Seddon, maintained his appearance of
stolid indifference to the last; and whilst the jury were
absent eat heartily in the box. Dean's countenance be-
came agitated, and he cried bitterly. When the verdict
was given, he brightened up a little, and bowed as he
left the dock, Seddon showing no emotion. Dean was
ordered to be given up to his friends.

NISI PRIUS COURT.-YESTERDAY.
RUSSEI I, V. GEMMELL.-RAILWAY 31IARES

This was an action to recover the price of some railway
shares. Mr. BAINES and Mr. JONES appeared for the
plaintiff, and Mr. CROMPTON for the defence.
Mr. BAINES stated the case. The plaintiff, Mr. John
Russrll. is a sharebroker in Liverpool, and the defendant,
Mr. J hn Gemmel!, jun., is an agent for the sale of ale
and beer in the same town. In September last the de-
fendant was disposed to have some shares in the Shrews-
bury and Herd, rd Railway, and instructed the plaintiff
to buy 50 of them for him. In accordance with these in-
structions the plaintiff, on the 13th of Sept., bought from
Mr. Croxton, another sharebroker, 50 of these shares, at
£2 lls. 6d. per share, on which £1 only had been paid ; the
premium, therefore, was £1 lls. 6d., and the total
amount was £l2l 15s. This money was actually paid to
Mr. Coxton by the plaintiff, early in October. The de-
fendant had been duly informed of the purchase of the
shares prior to this, and at the time of the plaintiff's pay-
ing the money for them he obtained scrip, and sent it to
the defendant. The defendant promised to pay the
money in a day or two, and take up the shares ; he also
sent a letter to the same effect. Immediately after this,
the shares began to fall in the market, and might have
been falling in price ever since, for he, the learned counsel,
understood they were now very low but what his client
said was this—that he had paid £l2B 15s. for these shares,
which the defendant had commissioned him to procure,
but which the defendant had never taken up nor paid for;'
and there was also a sum for his commission of £3 15s. ;
amounting altogether to £132 10s. The purchase of the
shares by the plaintiff for the defendant having been
proved, gs well as the actual payment of money for them,
his Lortlhip directed the jury to find a verdict for the
plaintiff. Damages £132 10s.

BOOTLE V. MAJOR AND ANOTHER

This was an action for damages for an alleged illegal
seizure and sale of property at Southport. Mr. Watson
and Mr. James appeared for the plaintiff, and Mr. Martin
and Mr. Atherton for the defence. Mr. Watson stated
the case. The plaintiff in this action was Miss Ellen
Ann Bootle, and the question to be decided was, whether
certain goods or chattels which were taken at Southport,
by the sheriff of Lancashire, on the 23rd of May last, on
an execution issutd at the instance of the defendants,
were or were not the property of the plaintiff. The plain-
tiff is a young person who has carried on for a length of
time the business of a milliner and dress maker, and her
mother lived, until lately, in St. Anne-street, in this
town, where she carried on the business of her late hus-
band, who was a stay-maker; but being left in rather
embarrassed circumstances she was soon compelled to
give it up. The present plaintiff went, in the summer of
1842, to Nassau, New Brunswick, where she went into
business, and by her industry was enabled to save a little
money. She returned again to this country in the sum-
mer of 1845, but during the time she was absent she had
sent home to her mother £lO 12s. She found that
her mother was unable to carry on her business, and de-
termined to go again into business herself. She there-
fore took a house at Southport, and her mother being
greatly embarrassed, she purchased from her furniture
and other things to the amount of £62 125., in payment
cf which she gave her mother £52, the £lO 12s. origi-
nally sent to her making up the amount. With this mo-
ney the mother paid off her rent, £4 arrears of taxes, for
whic there was a summons in the house, and a sum of
£2O to a creditor at Manchester, of the name of Dew-
burst. The plaintiff went to Southport in October, 1845,
and carried on business there on her own account up to
May, 1846; in which month the defendants, Messrs. Ma-
jor and Radcliffe, of Manchester, creditors of her mother,
directed the officers to seize the goods in question, which
goods, there was not the slightest doubt, were the pro-
perty of the plaintiff—she having purchased them from
her mother in the month of August preceding.
Witnesses were then called to prove that the house at
Southport was taken and held in the daughter's name,
that the sale of furniture by the mother to the daughter
actually took, place, that, in addition to this, the daughter
had purchased and paid for other household articles, with
the view of commencing in business at Southport, the
bills and receipts for which were produced in court; and
that the daughter had previously carried on a prosperous
business at Nassau.

~l9r. MARTIN, for the defence, contended that having
administered to her deceased husband's effects, Mrs.
Bootle had rendered herself liable for his debts, and had
no power, while an ac: ion for debt was pending against
her, to dispose of or transfer any portion of that property
to any other person. _ _

.
His LORDSHIP decided that it was not a disposal of pro-
perty, but merely a conversion of property of a certain

being afterwards applied to the benefit of the estate.
Mr. MARTIN then characterised the transfer of the fur-
niture to the dauclfer as a fiaudulent and woreal tran-
saction, for the Purpose of defeating his clients, in their
dtt, rapt to recover a debt due to ihem by her late hus-
band. Messrs.. Major and Ratcliffe are sateen manu-
facturers at Manchest,.r, and not being able to obtain
payment of an account for goods furnished to the hus-
band, brought an action in this court, in March last,
against the widow, and judgment went by default. They
then issued execution against this property at Southport,
for the recovery of their damages and costs of suit, firmly
believing that the property belonged to Mrs. Bootle, and
that no real transfer of it to the daughter had ever taken
place. _

Some witnesses were examined to show that from
transactions and conversations they had with Mrs. Bootle,
at Southport, they were led to believe that the house was
held by her, and that the furniture also belonged to her.
Mr. Watson replied, and the learned Judge went very
minutely through the evidence, after which the jury, with-
out any hesitation, returned a verdict for the plaintiff.

HATES V. PARSONS - ANOTHER ALLEGED ILLEGAL

DISTRAINT

The plaintiff is a licensed victualler of this town, and
the defendant is an attorney who had a claim against a
csrter named Wright, brother-in-law of the plaintiff, to
satisfy which he seized the two horses and cart, and had
them sold by auction, under the belief that they were still
the property of Wright, but which, as he (the learned
counsel) should be able to prove, were then the property
of the plaintiff. The facts were briefly these. Wright. in
May last, finding himself in difficulties, applied to his
brother-in-law to purchase his horses and cart, and the
plaintiff said he had no objection, and would give him any

sum of money which a person acquainted with their value
might set upon them. A person, named Aledhurst, a
carter, was called in, and he valued them at £4O. At
that price the plaintiff took them, and having handed
over the money to Wright, he took immediate possession
of the property. He had the horses removed to his own
stable, and his name was affixed to the cart. In a few
days afterwards, the defendant seized the goods as an
execution creditor of Wright's. and had them sold. After
the examination of Wright and Medhurst, who deposed
to the facts stated, it was agreed between the counsel to
withdraw a juror.