The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-01-26 00:00:00

KIRKDALE EPIPHANY SESSIONS.

These sessions commenced yesterday,
before
Lord SKRL-
MERSDALE, chairman, and a full bench of magistrates.
The following gentlemen were sworn on the grand jury
WILL/1M MOLLINRUX ROTHWELL, Esq., Foreman.
Robert Johnson, Great Crosby John Lyon, Everton
John Lupton, Ditto John Melling, Everton
Richard Gore Bamshaw, Altcar Hadfield Nicholson, Everton
.William Banishaw, Altear Daniel Bentley, Liverpool
John Moore Davis -John Dumbeil, Pembroke-
Edward Sutton, Lydiate place
William Darwin, Sefton i John Jones, Liverpool. and
Daniel Phillips, Melling I Joshua Rawdon, Everton,
Robert Weatherill Esqrs.
The CHAIRMAN, in delivering his charge to the grand jury,
said, I have looked over the calendar, and I find no case which
appears to me to call for any remark. You are, gentlemen,
perfectly conversant with the forms of courts of law; most of
you have been before on the grand jury, and those of you who
have not will receive instruction from those gentleman who have
been here before. • You will understand that your duty is not to
try every prisoner who comes before you, but to ascertain on
your judgment whether there is sufficient grounds on which to'
put him-on his trial. You will examine no evidence in favour
of the prisoner, you will leave that to the court. Your duty is
to examine whether there is sufficient evidence to put bins on
trial or not. If there is sufficient evidence you will find a bill ;
if there is any doubt, you will leave that doubt to be ascertained
by the court, and the prisoner will have the advantage of coun-
sel, or if not, of the court, to urge that doubt in his favour. In
order to save expense to the county, it is rather desirable that
you should take the bills, in the first instance, which come from
the most distant-parts; from the neighbourhood of Warrington
for instance ; and I have had it mentioned to me that it would
be rather an accommodation if you would take the case, No. 12
in the calendar, (a case from Halewood,) in order to the conve-
nience of the prosecutor and the public, as not being in the im-
mediate neighbourhood of Liverpool. I recommend you to take
that case as soon as you can, and to bring all bills into court as
soon as you have them seedy.
The grand jury then retired to their duties.
Previous to the grand jury presenting any bills several finance
orders were made relative to the repairs of various bridges in
the county.
. A motion was made, and confirmed by the magistrates, for
turning and stopping up a footway in the township of Pen-
nington.
A motion was made for diverting and turning a footway in the
township of Ashton-in-Mackerfield.
Abram Lowe, aged 28, and Thotnas Clarke, aged 51, i?leaded
guilty to having stolen about five bushels of oats at 'W arring-
ton, on the Ist of January, the property of Thomas Greenall
',Litton. . _

Several witnesses were called who spoke to the general good
character of the prisoners.
• Mr. LAWRENCE, on behalf of the prosecutor, wished to re-
commend the prisoners to mercy.
The CHAIRMAN, in summin!, up, said the court should deal
mercifully with they taking their previous good character into
consideration. But they must make a difference in the punish-
ment, Clarke being at the time a servant of the prosecutor,
which agravated his offence.
The sentence of the court was, that Abraham Lowe be im-
prisoned two months and Thomas Clarke three months in the
House_of Correction.
Pusill and John Broadhurst, two lads, pleaded guilty
to stealing, on the 21st of January, at Warrington, a silk
pocket-handkerchief from off a hedge, the property of Eliza
Haines.—They were sentenced to be imprisond fourteen days
to hard labour and to be once whipped.
Thomas Howard and Richard Bossow were charged with steal-
on the '2sth of November last, about five hUndred oysters
and a bag, the property of Daniel Kaye.
Dr. BROWN app eared for the prosecution, and Mr. VENAISLES
for the defence.
The prisoners were seen on the night in question coming out
of prosecutor's cellar, where the oysters had been placed, and
were seen by Mr. Jones, the constable, going up au entry with
a bag. Mr. Jones, suspecting all was not right, followed them,
and Howard then dropper! the bag, which was found to contain
' the oysters belonging to Kaye.
Daniel Kaye examined.—Left about five hundred oysters in
it bag in his cellar on the morning in question. Had not the
least apieion of an!, body getting them. Did not see the.oysters
again. Could not swear to oysters ; oysters were all alike, and
oyster bags were all alike.
Cross-examined.—Could not tell what number of oysters
there was. He knew a mark on-his bag.

James Clough deposed to being. a chimney-sweep in War-
rington and seeing the prisoners on that night, in the street;
one of them had a bag.. They went down an entry.
James Jones, deputy-constable of Warrington, deposed to
meeting the prisoners on the night in question, and seeing them
turn up a dark entry, not a thoroughfare. They had something
in a bag, but he could not tell what it contained. He followed
them and found them striving to conceal themselves in a dark
entry in 016 entry. Ile asked them what they were about,-and
seeing Howard's hat high on his head, took it off and found it
full of oysters; he then searched him and found his breeches
and other pockets full of oysters. Boscow was standing close to
him: He found nothing on Boscow. He then took them both
into custody. A bag of oysters was found about two yards from
where they had been standing. He produced the bag.
Cross-examined.—Did not find any oysters on Boscow. Did
not open his mouth to see. Prisoners were close together.
Many people went about selling oysters.
William Bate deposed to finding the oysters in the yard in a
bag.

Daniel Kay recalled.--There were more bags marked like his
in Warrington. The bag he missed had a similar red mark to
what was on that bag.

Cross-examined.—There were plenty of bags in Warrington
marked in the same way. Could not swear to that bag as his
own. Had known the prisoners for nine years. Never knew
any thing dishonourable of them Believed them both to be
honourable men. Could not swear they stole his bag.
This was the case for the prosecution.
John Wilkinson deposed to the general good character of the
prisoners, and to their buging to a public-house between
eight and nine o'clock on the night in question fourpenuy worth
of oysters. Howard put some in his hat and some in his
pockets.
Cross-examined.—Could not tell how many he put into his
pocket. Could not tell where the oyster-man was who sold
the oysters. • -
Several witnesses gave both prisoners good characters.
The jury found both prisoners guilty, but recommended thein
to mercy. The court sentenced each to be imprisoned to hard
labour for two calehdal. months.

James Massey, aged 23, pleaded guilty to stealing on the -27th
of Nosember last, at Formby, eleven sovereigns and four shil-
lings, the property of James Howard. The prisonerhad broken
into the house of prosecutor during his absence ..by breaking a
window and withdrawing the door-belt, and had gone up stairs
and taken the money from his trowsers pockets. He had after-
wards come to prosecutor, aud -asked him if he would forgive
him, which he said he would, and then he acknowledged to
stealing the money as stated:
Two witnesses spoke to the previous good character of the
prisoner. •
After some consultation, the- CHAIRMAN said the prosecutor
had made a promise to the prisoner which he was not authorized
to make, and under the circumstances of the case the court
would give him time to consider whether or not hi Would with-
draw his confession and stand his trial.
The prisoner then stood down. On being put up again, he.
still pleaded guilty. The court, after commending his plea as
the wisest course, then' sentenced him to be imprisoned to hard
labour for six calendar months. •

Thomas Burgess, a lad, and Betty Burgess, his mother, pleaded
guilty to having stolen on the 21st ofJanuary, at Warrington; a
shirt, the property of Mary Harrison. •
It appeared that the linen had been exposed to. dry, and the
lad had stolen the shirt and the mother had received it, knowing
it to have been stolen. The prisoner Betty Burgess, is a widow,
and pleaded necessity fur the act.
The Court in passing .sentence said, they had reason to be-
lieve that she had been induced to thiS by hunger, and they
should deal mercifully with her. They were sentenced to be
imprisoned, each 14 days to hard labour.
Jane Ilf‘Donald, aged 22, was charged with having at War-
rington, • on the 14th of DeceMber last, stolen a shoe, the. pro-
perty of Peter Haugh. • The prisoner had broken prosecutoz's
shop window, and taken a shoe out of the window ; hearing the
window break he went into the shop and sawprisonef, who said
she had done it for the purpose of being transported, and if that
would not do she would do something else. She *as sentenced
tube imprisoned to hard labour one month. -
John Air Gary, aged 14, was charged with having stal4i
Everton, a cloak and tippet from Miss Farnworth's school, on
the 26th of November last. -

Miss Sarah Smith deposed to being at Miss Farnworth's
school, and on the day in question seeing two boys watching at
the door; one' of them entered the house and took a cloak and
tippet belonging to one of the young ladies, and gave it to the
one at the door, who ran away with it. She gave the alarm,
and Mr. Palmer, who was' teaching dancing in the house, ran
after him. The prisoner at the bar was the boy who ran- away
with the cloak. _

Mr. Jamei Palmer deposed to,bcing in the house at the time
teaching, and pursuing the prisoner, who dropped a bundle,
which he took back.

John Smith, constahle of Everton, deposed to taking the pri-
soner into custody, and taking into his possession a bundle con-
taining a cloak and shawl.
Miss Smith identified the cloak and shawl as the young lady's
property.
The prisoner bad been twice before convicted.
The jury found the prisoner guilty, and the Court sentenced

,
him to be transported seven years.
James Light wood was. charged with, on the 20th of January,
stealing, at Warrington, a basket, the property of Mr. Lever,
of Leighton, left in the care of the landlord of the Horse-shoe
public-house. On the night in question prisoner had come into
the house about ten o'clock, and gone into the bar and removed
the basket, when the landlord saw him amid stopped him. Ann
Jones, the servant, saw him in the bar with his hand on the bas-
ket, and he had removed it; no. one else was in the bar. A Cer-
tificate was read and deposed to of a previous conviction of the
prisoner for felony. The prisoner said he was intoxicated, and
went into the bar, and the only way he touched the basket was
with his elbow. The landlord, on being recalled, said he had
hold of it. 'the jury found the prisoner guilty, and the court
sentenced him to be imprisoned six cailendar months.
Samuel Lummux and Mary Brannen. were charged with hav-
ing stolen 41$s. of bacon, the property of Mary Hutton, of
Warrington, on the Ist instant. The prisoner Lummux pleaded
guilty. Prosecutrix left a piece of bacon on the counter on the
•nig,ht in question. Mary Acton, servant to Mrt:?Hutton, de-
posed to seeing the prisoner Lummox take the con from the
counter and taking it up the next yard. Melares,.the con-
stable of Warrington, deposed to goiag to the house of the pri-
soner Brannen in consequence of some information he had re-
ceived, and finding a piece of bacon on a box in the house.
Prisoner said she did not know anythint, about it. Met Lummux
afterwards near Brannen's house with 4d. in copper in his hand
Lummox, in Brannen's hearing, 'afterwards told him that he
had stolen the bacon from Mrs. -Hutton's shop and sold it to
Brannen fur dd. firs. Hutton identified the bacon which was
produced. The prisoner said she had bought the bacon but did
not know it. was stolen. A lad deposed to the prisoner Bran-
nen telling him and the prisoner Lummox to go out and steal
what they could and she would buy it of them. The jury found
the prisoners guilty. The court sentenced Lummox to be im-
prisoned three calendar months, and Brannen to be imprisoned
six calendar months.

James Chadwick, aged 17, and Thomas Downes' aged 17, were
charged with having stolen two half-crowns and a hat, on the
7th ofJanuary, from the person of James Thorp.
. James Thorp deposed to going to the colliery where he work-
ed.about seven o'clock on the morning in question, and meet-
ing prisoners on the canal banks, who cursed his " knolistick
eyes" and begun laying on him with their " fisteises ;" they
then knocked- him down, and got two half-crowns out of his
pocket. He held Downes fast, who then called on Chadwick
to " pill out his knife and stick hint." Chadwick pulled a
knife out but had not time to open it before somebody came up.
Cross-examined.—He never had any quarrel with them be-
fore that morning. He had offered to make it up with them if
they would make an apology for beating him and taking his
money. He had rather not take their apidogy now.
William Cnlquitt deposed to being on the canal bank on the
morning of the 7th.of January, and seeing three persons scuffl-
ing ; when he got up to them, two of them run away ; the per-
son who remained was Thorp; he then pursued tem with
Thorp.
Cross-examined.—Heard Thorp say he would be satisfied if
they would pay all the expences and make an apology.
Two witnesses spoke to the good character of the prisoners.
The jury found both prisoners guilty.—The court sentenced
them to hard labour for six calendar months.
Sainuel Hadcroft, aged 18, pleaded guilty to stealing; on the
30th of November ,last, at Warrington, a shawl and bunch of
keys, the property of John Newton. Prisoner bad been dis-
covered by prosecutor on his premises, endeavouring to .coticeal
himself under his bed, With the shawl in his possession. On
being discovered, he pretended to be drunk.—The court sen-
tenced him to be imprisoned three months.
Robert Miring, aged 29, pleaded guilty to stealing, at Win-.
dle, on the 21th of November, four crass steps, the property of
the St. Helens and Runcorn Gap Railway Company.—The
court sentenced him- to be imprisoned one calendar month.

Peter Hampson, aged 18, and Richard limper, aged 22
pleaded guilty to stealing, at Warrington, on the 14th of Dec.•
eight locks, and four cupboard hooks, the property of Thomas
Ashley. The things stolen had been packed up in a parcel, and
sent by the cat rier, and, during his absence from his cart, th
parcel had been stolen.
The court sentenced the prisoners to be imprisoned three
calendar months.

Thomas Lea, aged 17, and Edward Rawlieson, aged 15, were
charged with' havieg(on the Ist of January, at Warrington,
stolen a pair of shoes,, the property of Matthew Gerrard. Oa
the evening in question he was absent from his house about three
hours ; on his return missed several pairs of shoes. He is a
shoemaker.
Thomas Clare, deposed to Lea offering him a pair of shoes to,
take to the pawnshop, which he refused and said he would have
nothing to do With them. He then asked him if he knew any-
body that Would pawn them. A person named Richard Wood-
.ward offered to pawn them for him, and he took them to a pawn-
shop and was there told they were stolen. Prisoner afterwards
swapped the shoes, with another man, for sixpence.
William Ashton, ostler tit the Red Lion, at Warrington, de-
posed to seeing the prisoners on the 4th of January. Being of-
fered two pair of shoes, by prisoners, he bought them of them.
He gave the shoes afterwards to Mr. Jones, the constable.
James Jones, deputy constable of Warrington, deposed to
Ashton corning to him about some shoes which he gave to him.
Ile?produeed the shoes.
Matthew Gerrard identified the shoes.
The jury found, Lea had been previously convicted, the pri-
soners both guilty.
The Court sentenced Lea to be transported seven years, and
Rowlinson to be imprisoned three calendar months.
The Court then, at half-past five o'clock, adjourned to half-
past nine o'clock this morning.

ADVANTAGUS OF THE MIDDLE STATION IN SOCIETY.—The
wisdom of the prayer of Agur must be admitted by all The eligi•-
bility of the middle station of life is become almost proverbial,
and is the conclusion which a candid inquiry can hardly fail
to lead to; and that either upon the religious and moral views
on which Agur found his preference, or in regard to mere phy-
sical enjoyment. That it is preferable to a state of poverty',
none will be found to question. That it is preferable to a state
of great affluence, is a doctrine that will not be relished by the
ambitious and worldly minded ; but the philo•mpher,who considers
the temptations to indolence and dissipation which affluence af-
fords, and which are seldom effectually resisted, and that want
of relish for social and innocent enjoyment, which is the fre-
quent effect of an unrestrained course of enjoyment, can hardly
fail to concur in Agur's supplication. This leads us to desire,
that as large a proportion of mankind as possible be placed in
the middle station of life, neither very rich nor very poor. Un-
der this class several kinds of men are comprehended—those
who enjoy a modern competency frotn landed or other property ;
most of those engaged in commerce, or who gain a livelihood by
following the liberal professions; many who are employed in
manufactures, but who are occupied in superintending others
rather than in manual labour. These persons are not idle, but
their employments are not servile or incessant, and they have
leisure and opportunities for intellectual improvement. Though
something is deducted by the existence of this class from the
quantity of manual labour performed, the loss fully repaid
by their exertion in superior occupations, fiom which all
inllranks
derive advantage. But all cannot and ought not to be the
middle station. Such equality, were it practicable, Which it is
not, in civilised society, would be subversive of social order and
ha ppiness.—Hamilion's Progress if Society.

SPECULATION-JOINT STOCK COMPANIES.

The London papers give a list of the joint stock companiei
brought forward in England in 1835. They are as follows
Aggregate capital.
41 Mining companies, of which, judging from the •
titles, five or six are foreign and the rest British.
. The sinus range front £15,000 to £500,00D £2,994,000
35 Railway companies, of which two are foreign :
The capitals range from £50,000 to .E 4,000,000 34,040,000
43 Miscellaneous; such as banks, loan companies,'
steam navigation, &c., with capitals ranging front
1.:15 000 toL2 100 00(
f 19,811,000

8-1.5,
The amount is said to be as large as in 1825, but three-fourths
of the sum subscribed will never be paid up; and only a small
number of the schemes will find their way into parliament. 1 t
must be observed that several rival companies are included in
the railway list; for instance, there are four " London and
Brighton" railways, and two "Great Northern," of which only
one will be executed at the utmost. It is good to bring the
Whole of these projects together, and make the public aware of
the amount of capital they nominally involve. It is thus ren-
dered obvious that there has really been a fever of speculation
in the country, and that a large proportion of the schemes,
whatever were the intentions of their proposers, must prove
baseless, since if is morally certain that men would take alarin
and withdraw at all hazards, long before half the sums sub-,
icribed were paid up. The Scottish joint stock companies am
not included in these ; but speculation in this country has been
sobriety itself compared with the doings in England. The no-
minal capital of all the joint stock schemes broached in Scot-
land in 1835 will not, we suppoie, exceed £l,soo,ooo.—scots-
inan.

OPENING OF A SPLENDID NEW THEATRE IN

AMERICA,

According to the latest New OrleanS papers, ti most enter-
prising English actor, named Caldwell, after having built sit
or Seven', theatres in the most southern and western states, anal
obtained a patent right. to light the whole of New Orleans with
gas, and (credat Thespis !) realised about half a of dol-
lars, still bent on speculation, on the Ist of De: ember last,
opened the most splendid theatre that has.hitherto graced Ame-
rica.. It. is as large as Drury-lane; and far more decoratively
gorgeolui"; it was built in six mo,iths, and cost three hundred
thousand dellarsll! and though not qiiite finished, and under
the ban of the puritans (who preached and prophesied that the
roof, would fall and destroy thousands of sinners) Caldwell
opened it at the very hohr appointed. The ladieS kept away in,
fear; but it ivas crannied with coats, Waistcoats' and faces of
all colours and shades, from the pale Liverpool dandy super-
cargo, to.thq-jet black nigger fiord Asliantee: aline in the play-
bill states, no." SLAVE'S" money Nvill be taken without a Writ-
ten permit hoot his owner!