The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-08-27 00:00:00

BALDWIN V. BENNETT AND ANOTHER

This was an undefended action, brought by the plaintiff,
William Baldwin, against the defendants, John and Joseph
Bennett. The declaration contained counts for goods sold
and delivered, and interest on an account stated, and a pro-
mise to pay on request. The plaintiff was a dealer in oil and
tallow, residing at Manchester. The defendants were cotton
spinners. The action had been brought for the recovery of
the sum of £7l 10s. 6d., being the value of 331 gallons of
oil, and interest on that amount for six months from the
sale, which took place in July, 1839.
Verdict for plaintiff for the sum claimed.
BRAG V. JACKSON.

In this case, John Bragg was the plaintiff, and John Jack-
son defendant. The declaration set forth that the defendant
had assaulted and falsely imprisoned the plaintiff. The de-
fendant pleaded " not guilty."
Mr. Cresswell and Mr. Martin appeared for the plaintiff,
and Mr. Dundas for the defendant.

Mr. CRESSWELL stated the case to the jury on the part of
the plaintiff. He had to lay before them a case requiring their
serious attention. It was not one of an ordinary character.
At the time of the occurrence the plaintiff had been engaged
in an act of charitable interference, on behalf of an unfortu-
nate fellow-creature, and the conduct of the defendant had
been harsh, cruel, without justification, and excessively cal-
culated to injure the plaintiff in his reputation and feelings.
It would appear in evidence that at the last spring assizes a
young man, of the name of Coates, had been convicted of
forgery, at the Chester assizes. Coates' father, who was
dead, had been a respectable man ; the young man himself
had been decently educated ; he had unfortunately acquired
bad habits, and had uttered a forged bill purporting to have
the acceptance of a gentleman of the name of Vickars, a
cotton-spinner, near Stockport. The fraud had been
committed on the Bank of Stockport, and he was con-
victed. Subsequently, the convict's uncle tried to get
up a petition on his behalf, in the hope that the chief
secretary would advise her majesty to extend a degree of
mercy to him ; for he had been sentenced to transportation
for a period of ten years, and the prayer of the petition was
to procure a remission f that sentence. It being desirable
to obtain the sanction of the party who prosecutes, and whose
name is forged to a petition of the kind, for if he adds his
name, it will be taken for granted tkat he thinks it a case in
which the clemency of the crown may fairly be interposed,
the convict's uncle was anxious to obtain the signature of
Mr. Vickars. Accordingly, not being acquainted with the
gentleman himself, he applied to the plaintiff to know if he
were acquainted with him. He said he was, and promised to
speak to him on the subject. A note was then sent to him,
and afterwards the plaintiff and the uncle of the convict met
Mr. Vickars in Manchester, and got him to sign it. Having
procured his signature on the 13th of May, they proceeded
to the bank at Stockport, for the purpose of seeing whether
the manager, who happened to be the defendant, would sign
it also. They accordingly presented the petition to him,
stating that they had got Mr. Vickars to sign it, and expres-
sing a hope that the defendant would likewise attach his
signature. He (the manager) begged of them both to
leave it with him for a time, and that he would give an
answer. They said they would, left it with him, and de-
parted. In consequence of the convict having executed a
deed of gift to his mother, in order that two or three things
of which he was possessed might become her property, in-
stead of being forfeited to the crown, the plaintiff and the
convict's uncle then proceeded to the mayor, and made ap-
plication to him to have the said things given up. The mayor
said he would take time to speak to his brother magistrates
on the subject, and while they were debating the matter to-
gether, the defendant entered, and spoke to the two men
with reference to the petition. They then went into the
mayor's room, and had a private conversation with his wor-
ship, after which they went back to the bank. On their ar-
rival there, they found that the defendant had two policemen
in attendance, and by those policemen the defendant had
the two men apprehended on a charge of having forged the
petition. This was a very cruel proceeding to say the least
of it. What interest could the plaintiff have to get a peti-
tion of the sort signed ? Could he have had any other
motives than those of charity and kindness? Could the de-
fendant be defrauded by it in any way ? if he chose not to
had been
justly convicted an sentenced, sign it upon the ground that
genuineness,o r. Vickars' sitrna-
ltianteedthe young mamand
intight have said
and asked signa-
ture }lief
pgruoaprrdieatygahianvset writtena Butto
thatthe Saecpreertsaorny
found that the petition had been gotten up by improper
question whether he had signed it or not; and if he then
of means,
State nhieigdhotuhbatveed thesent for that gentleman,
who was going about in the cause of mercy,
whether he
ercy, presenting a
because the defendant fancied there
was variance between the hand-writing hetombigehotnvnh.tihs
would sign it, should—because
of Mr. Vickars to
manner which he usually wrote his
petition of the kind, and asking a gentleman
the petition and the
h d degree of
and taken into custody. showed a
name—immediately impute a felony, and have the parties
apprehended
harshness, violence, and cruelty most painful to the feelings
of the plaintiff. The defendant said, he was ready to swear
that it was not Mr. Vickars' hand-writing, and the Mayor
said, when they were brought before him, that he would
hold them to bail. The plaintiff's father then bailed them,

and immediately after they set off to Mr. Vickars, vetio lived
about eight miles off, to acquaint him with what had occur-
red. Mr. Vickers expressed his regret at the circumstance,
behaved considerately to them, and went over to Stockport
the next day to say he really had signed the petition. The
men attended the following day before the Mayor, when
their recognizances were discharged and themselves liberated.
The defendant could have no motive under heaven for his
conduct except a feeling against every body connected with
Coates, the convict; because, through means of Coates, he
had paid a forged bill. If those injuries had been com-
mitted without any reasonable excuse on the part of the
defendant, the case was one in which the plaintiff ought to
receive very ample compensation for the injuries he had
sustained.
Abraham Baker, the convict's uncle, having prOved the
facts of the case,
Mr. DUNDAS addressed the jury on the part of the de-
fendant. He denied that his client had been influenced by
any such motives as those attributed to him by the learned
counsel for the plaintiff. The defendant certainly thought
the signature of Mr. Vickars a forgery, and it was for the
purpose of ascertaining whether it was forged or genuine that
he got the men to leave it at the bank. He then asked several
persons in the town to look at the signature, and their con-
current testimony was, that it had been forged. The de-
fendant had never instructed the officers to arrest the men ;
but the officers having heard that men were going about
with a forged petition, they proceeded to the bank and
arrested them on their own responsibility. The learned
counsel concluded by telling the jury that there was
another action against the defendant at the present assizes,
at the suit of the convict's uncle (Baker), and that both
actions had been brought for the purpose of putting money
into the pockets of the attorney in the case. • -
The officers were accordingly examined, to prove that their
instructions to arrest had not proceeded from the defendant.
Mr. CnEsswELL replied.
His LORDSHIP briefly charged the jury. If the defendant
had given the instructions to arrest, the plaintiff would be
entitled to damages ; if not, a verdict for the defendant
ought to be returned.
The jury, after an absence from court for upwards of an
hour, found a verdict for the defendant.

The prisoner replied, through his interpreter, Joseph
Liardi, I beg that some time may be allowed to me, that I
may reconcile my mind to God.

The Lord CHIEF JUSTlCE.—Girolotno Capella, you have
been convicted of a cruel and deliberate murder, not in any
moment of excitement or violence, but after great delibera-
tion, and in consequence of some quarrel about money. You
proceeded with care and forethought, and actually secured,
almost at the moment when you committed this foul mnrder,
the small property which was probably some inducement for
you to commit it. The jury recommended you to mercy; I,
therefore, have not come to the conclusion that I ought to
leave you to the hands of the executioner without great care
and anxiety. It would have given me the greatest pleasure
to comply with that recommendation, if I had thought it
consistent with my public duty ; but it is necessary that ex-
amples should be made when these horrible crimes are com-
mitted. The only prayer that he (the learned judge here spoke
in the third person and addressed the interpreter)has addressed
to me-7that he may have time to reconcile himself to God, is
the only prayer that can be granted in his behalf. He must
prepare for death. He will have every consolation and every
assistance that religion can afford him, and I fervently hope
that his repentance may be accepted. The sentence of the
court is, that for the felony and murder of which he stands
convicted, he be taken from hence to the place from whence
he came, and from that place to some place of execution, and
that there lie be hanged by the neck till he is dead. His body
must then be buried within the precincts of the prison, and
may the Almighty God have mercy upon his soul.
The prisoner here requested that the interpreter might be
allowed to see him to-morrow (Saturday), as he wished to
coress to the priest.
•• • •

The LORD CHIEF JUSTICE.—There will be no objection.
The Chaplain to the High Sheriff said he would commu-
nicate the wish of the prisoner to the priest.

The prisoner, who heard the sentence with apparent calm-
ness, was then removed from the dock.

LIVERPOOL CORN EXCHANGE,—TH!s DAY

(From Messrs. R. MAKIN Sr SONS' Circular.)

The arrivals coastwise and from Ireland. since our report
of Tuesday, contain a moderate quantity of Wheat, a large
supply of Oats and Oatmeal, with a few parcels of Barley,
Malt, and Flour ; but, exclusive of about 4000 quarters of
Wheat from Europe, the imports fresh in from abroad are
trivial.

During the period between Tuesday's market and to-day,
the trade for most kinds of free Grain was extremely inani-
mate, with an obvious tendency to lower prices. Of States
Flour under lock, however, several thousand barrels changed
hands at 345. ; and Canadian, duty paid, brought 375. to
375. 6d, ; which, with a few parcels of Stettin Wheat at
Ss. to 9s. per 701bs, included the principal sales of
bonded produce.

On Tuesday night last we had a recurrence of rain, and
showers on Wednesday morning, since which the weather
has appeared more settled, and being now exceedingly fine,
harvest around us is progressing favourably.
The duties for the ensuing week have decreased on foreign
Wheat to 13s Bd, on Barley to 103 10d, on*Rye to 15s Gd, on
Beans to Bs, on Pease to 3s Gd per qr., and on Flour to Ss
24d per barrel; those on British colonial growth being gene-
rally reduced to the lowest point, except for Oats. which re-
main at 2s and Rye at 3s per quarter.
Influenced decisively by the improved state of the weather,
and the certainty of very low duties, the trade this morning
for all descriptions of free Wheat remained excessively dull ;
and in the few limited transactions which occurred, a de-
cline of 3d per 701bs from our last was conceded.

The only sale of bonded Grain reported to-day was con-
fined to about 2000 quarters of United States Wheat at 9s
per 701bs ; and in Flour under lock little further business
transpired. English, Irish, and Foreign duty-paid Flour
being in slow request, must be noted rather cheaper.
Barley, upon a very limited demand, was somewhat de-
pressed in value ; and Malt, Beans, and Peas barely sus-
tained late prices.

Owing to the increasing supplies of Oats and Oatmeal, and
the absence of country buyers, these articles were much neg-
lected to-day, and although the former receded 2d per 451b3,
and the latter 2s per sack, the sales of both were nearly im-
practicable.

ARRIVALS OF CORN,

From the 24th to the 26th August, 1841, inclusive

Wheat Qrs. I :492 ' 3063
Barley Qrs. ; 571 15
Malt Qrs. 1 4 1000

3960 I 7435
586
1004

Oats
Rye Qrs. 31
Beans Qrs. 37 •
Pease. Qrs.
Shelled Barley . Qrs.
Indian Corn
Rapeseed Qrs. _

8153
31
314 349

Oatmeal .. . Loads 3997 5851
Flout Sacks 878
Ditto. Brls. 100 i 100

Into Runcorn, Ireland and Coastwise :—Wheat, qrs. ; Beans,
qrs. ; Barley, 0 qrs. ; Oats, 1541 qrs.: Oatmeal, 963 ids. ; Flour,
sacks.

EXPORTS.—Foreign. Flour, 4 brls.—Coastwise. Wheat, 130 qrs. ;
Barley, 26 qrs. ; Oats, 16 qrs. ; Beans, 4 qrs.; Oatmeal, 20 Ids. ;
Flour, 102 sacks 6;15 brls.