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

the timber.

Re-examined.—Believes he fetched it during last winter
The cart was borrowed from John Bradley.

James 'Wright, a carter in the employment of John Brad-
ley, proved that in the last winter his master's cart was lent
to the last witness to fetch a load of timber. The next morn-
ing the cart being wanted, witness went to Brining's for it,
and found it outside the gate. He took the timber to Mr.
M'Crea's chapel, and William Webster, a joiner, who was
working there helped him to unload it.
Mr. VENABLES cross-examined the witness as to the time

that this happened, t
William Webster,

nytl►ing material

)iner, of Wa

id he was em-

He went there in the month of April, last year, and remained
till July, in the present year—all the time. Ile recollected
the last witness Wright bringing a load of timber to the
chapel; it was about the 15th or 16th of October, 1840. It
was the only occasion that witness was aware of, of his bring-
ing timber. Witness helped him to unload it. The timber
was put into the roof. The witness then described the se-
veral pieces of timber, and was asked some questions as
to the value of them ; but it is immaterial to give his testi-
mony on these points. Witness helped to unload a second
load of timber which came from Mr. Pearson's, on the rth
f i....
October. The whole of this load was. used in the ceiline
The defendant generally paid his wages after April. Th'e.
defendant came to the chapel whilst witness was engaged in
putting the timber into the roof ; sometimes he came two or
three times a
day, and sometimes he did not come for a day
He together. never
gave any particular directions. Mr.
M'Crea paid witness
his wages during the whole time he was
engaged in fitting the timber in the roof ; and witness had
oftener than once heard him say the chapel was his own.
Remembered fetching
cumber from John Padlev and others
at different timesNfie,errheae use of the chapel ; had always the
directions of Mr. togiven do so, who had given him money
to pay for it. lie hadwitness money more than once
to pay for the timber at Charles
given him money upon severalesPadleY's : and he had also
things. occasions to pay for other
Cross-examined—Witness wasivaivjoill‘rineyman working upon
his own account at this time. Crea employed him.
He bad seen a person nuMed Heath about the premises.
The chapel was not finished yet, but
Crea was the
be performed in it about May 1840.
and continued so up to th
esiinre service
i, began to
present time.
officiating minister,
chapel. Air.
There was a subscription raised to build thee
aeyments
Heath was the treasurer. Witness had received
from Mr. Heath, who gave orders during the time th
was building. Witness had seen him pay workmen three
h
times, but had never seen him pay for timber. Ili work-
men men he paid were witness himself and another who took a
job from him to make some pews. Mr. Heath did not give
orders for the replacing of the roof in witness's hearing,-nm.
did be ever him say lie was going to replace it. Mr. Heath
came sometimes when the roof was being replaced, and said
it would be a far better roof than it was before, and he gave
some directions concerning it, but witness does not remem-
ber what. Mr. M'Crea gal, e no particular orders or directions
about it, hut he used to say it would be a good thing when
it was done. Witness had been paid for his work in replac-
ing the roof; not by Mr. Heath but by Nr. M'Crea. Mr.
M'Crea paid him for all the work that was done with the
two loads of timber from Pearson's. Swears this positively.
Re-examined.—Witness does not know whether the pews,
for which Mr. Heath paid him, were erected for himself; but
he supposes they were for anybody who would take them.
The transaction as to the pews took place about last June
but one (1840).
Charles Thistleton, examined by Mr. James, said he was
in the employment of Mr. Pearson during his lifetime, and
he remembered making out and sending by post to the de-
fendant in December, 1£440, an invoice for some timber. It
was addressed to "The Rev. J. B. M'Crea, Wutedoo Ter.

Witi-7,-e;,;,: wlai:e. iti,

the directions of Mr. Pcurioi,

seAt it

Cross,.examinpd :---Witness was in the employment of Mr.
Pearson in October, 1810. Mr. Pearson died on the 25th of
August in the present year. Witness knew Mr. Heath by

sight. Does not know who ordered the timber ; it was given
to Mr. Pearson, and from Mr. Pearson to witness. Does
not know that Mr. Heath ordered it, nor did he ever hear
Mr. Pearson say that he had. Saw Mr. Heath in the yard
a day or two before the first load went away talking with Mr.
Pearson ; he was not in the counting-house. Never saw Mr.
M'Crea there. Believed that Mr. Heath had been applied
to for payment for the timber. Mr. Thistleton, the plaintiff's
attorney, was brother to witness ; he did not tell witness of
Mr. Heath being applied to, but the late Mr. Pearson did.
Re •examined :—Mr. Heath was a joiner and builder. Had
transactions previously to this with Mr. Pearson, but not in
the name of Mr. M'Crea. The timber sent corresponded
with that described in the invoice.

The invoice was then put in and read ; jt was as follows
Liverpool, 23d Dec., 1840.
" Rev. J. B. Crea, per Robert Heath.

" To Thomas Pearson, Dr.

" Timber (detailing the particulars) £l9 Os. 9d.
" SlR,—ilerewith I hand you invoice of timber, and by
instructions I beg to state, that unless the amount is remitted
by return of post, I shall take proceedings against you.
" Waiting your answer, I am, sir,
" Yours respectfully,
" P. P. Thomas Pearson,
" CHARLES THISTLETON."

John Deane, who was the next witness, said he was a
plasterer residing at Waterloo. He did the plastering at Mr.
Crea's chapel, and Mr. M'Crea paid him for it. Some slates
were once blown off the roof, and witness replaced them at
the request of Mr. Crea who paid him. He paid witness
partly in cash, and gave him his acceptance for the re-
mainder. Witness had beard Mr. M'Crea say the chapel was
his, and thnt he had received money from different people to
enable him to build it.
The Witness was cross-examined, but his testimony was
not at all shaken.

William Wall, plumber and glazier, of Waterloo, said he
was employed by Mr. Isil`Crea to execute part of the plumb-
ing and glazing at his chapel. Mr. M'Crea did not refuse in
the first instance to pay : he paid part of the amount in money
afterwards, and the remainder through witness's attorney.
Was obliged to give directions to his attorney to apply to Mr.
M•Crea for payment; and his attorney afterwards paid him
the money so obtained from Mr. Nl`Crea.

Cross-examined.—Mr. Heath gave no directions to wit-
ness. Mr. M'Crea gave him directions. Witness was after-
wards employed to put stronger glass into the roof, and Mr.
M'Crea gave him directions for that.
John Padley, timber-merchant, of Waterloo, was next
called. Mr. M'Crea had called upon him for the purpose of
ordering timber for his chapel ; and he had ordered small
portions at different times. 'When he first called upon wit-
ness, Mr. M'Crea told him he would pay witness when the
timber was delivered, but he did not wish it to be booked to
him, observing that he did not desire to have his name mixed
up with secular matters. He paid witneJs for the timber so
supplied in the course of the week it was delivered. After-
wards he let the account run for two or three weeks, and as
he did not call to pay witness booked it to him. He had
since paid witness the amount of his account except a few
shillings. Mr. M'Crea asked witness about strengthening
the roof of the chapel, and asked him to do the job ; but
witness declined.

Mr. \EN ABLES cross-examined the witness, but without
eliciting anything, except that neither Mr. Heath nor Mr.
Waddington had given any orders to witness concerning the
chapel.

Mr. JAMES then called for the lease of the land on which
the chapel was built, observing that he had given the other
side notice to produce it. _ _

.
Mr. VENABLES.—I have no lease here.
The ASSESSOLL—You must first prove they have it,
Mr. JAMES.—Then, that is my ease, sir.

Mr. VENABLES then addressed the court and jury on the
part of the defendant. The plaintiff's counsel said this was
the case, yet he had not ventured to call either Mr. Wadding-
ton or Mr. Heath, who could have given the jury the whole
history of this transaction, especially as to whom credit was
given for the timber. He had a right to make strong obser-
vations upon the fact that Mr. Heath was not called, because
his evidence instead of involving the case in mystery, would
have rendered it perfectly clear. He (thelearned counsel) had
no right to say that Mr. Heath instructed or paid the attorney
who had brought this action, but he was not called to show
what part he took in this transaction, whether as principal,
agent, or otherwise; and he (Mr. 'enables) had always
found that when material evidence was withheld, suspicion
was cast upon the party who withheld it. It was the bounden
duty of the plaintiff to present to the jury every witness who
could make out the material facts of the case. It was not
sufficient for him to leave his case involved in mystery, or in
a state liable to induce the jury to draw their inferences from
part of the facts ; but they might have the whole if Mr.
Heath was put into the box, for he would be bound to admit
that it was upon his credit alone that the timber was sup-
plied. Mr. M'Crea was a gentleman of eloquence and
character, and though not strictly belonging to the protestant
church he was attached to a sect which was highly honoured,
whose doctrines were pure, and therefore entitled to respect
and admiration. He was a man of consummate eloquence,
who could captivate the attention of his congregation in an
extraordinary degree, and they would leave the chapel much
edified by the doctrines there promulgated by him. Although
he did not belong to the Church of England yet we were
bound to respect a man whether he differed from ourselves
or not on religious topics who did good in his station ; the
jury, therefore, would give their best consideration to the
observations to be made in his behalf. Mr. M'Crea belonged
to the Scotch Secession Church, the same denomination as
the respected Dr. Ralph of this town, their doctrines were
the same, and they were as pure as those preached by the
clergy of the Church of England. In the summer of 1829
Mr. M'Crea visited Waterloo for the purpose of reno-
vating his health. He there engaged a room for the pur-
pose of administering divine worship, and his congre-
gation were so delighted with him, Mr. Heath among
the number, that they entered into a subscription to
build him a chapel, Now experience would tell the jury that
it was very common for a minister to speak of a chapel as
being his own, without meaning more than he had a life in-
terest in it. Mr. M'Crea had been very active in the per-
formance of his duties since May, 1840, therefore, strictly
speaking, he was inducted into the chapel, and no person
could eject him. He might keep it during the period of his
natural life, if the life was not extended beyond the term for
which the lease was granted, and no human being could eject
him. Stripping the case, however, of all the extraneous matter
w;th is had been clothed, the single point for the atten-
tion of the jury, was, upon whose credit were the loads of
timber furnished. The learned counsel then contended at
some length that Mr. Heath was the roan upon whose credit
the timber had be,-a,supplied, from these facts—first, that he
was at Mr. Pearson's yard, and in conversation with him
within a day or two of its being delivered ; secondly, that Mr.
Pearson had applied to him in the first instance for payment,
and lastly, that he had taken very great interest in the manage-
ment of this case.

The ASSESSOR, in summing up, told the jury they must
look at all the circumstances of the case, and from them say
whether Mr. M'Crea had so conducted himself as to have
allowed credit to be given to him for these goods ; and before
they found for the plaintiffs, they must be satisfied that the
goods were supplied upon his credit. The learned assessor
then went minutely through the evidence, pointing out the
parts most important for the consideration of the jury.
The jury immediately found a verdict for the plaintiffs,
damages £l9 Os. 9d.

The business of the court terminated about 12 o'clock on
Saturday.

VESSELS ENTERED FOR LOADING.

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