The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-08-16 00:00:00

THE LIVERPOOL STANDARD.

will dispel the clouds, scatter the mists; raised by selfish-
ness and ambition, from the eyes 'of the credulous and
the unreflecting, who suffer themselves to be led away
blindfolded by the god of error, the enchantment of false
flimsy appeals to the passions, alike destitute ,of every
attribute of reason, of sense, and every plea of propriety
to boot, in.connexion with that Which is really the public
good.
Genuine patriotism scorns the identity with that sys-
tem, which the miscalled " liberal" whig administration
have presumptuously laid down for us—it disclaims the
principles—,it disclaims the association—it abhors the ac-
tions of men whose actions do so belie their professions.
Talk not of liberalit y—tito liberality of an unwhiggish
association of heterogenous materials, after this ; for the
remnant of the old and virtuous of the whigs themselves,
have long since disowned the political jugglery and de
ception,—its confederating machinery of jesuitical craft
and barefaced dissimulation!

We cannot close these observations without descanting
a little on what bas taken place in the " upper house,"
or hereditary legislative assembly, since Mr. Rice's dis--
play " elsewhere ;" and here we find the noble premier
losing his balance altogether, and lacing no longer found
gentle and " lamb-like ;" but positively irascible and
downright irraionally • splAetic. 0, fie, Lord Mel-
bourne, is this the only benefit of that soft and tender
training of which the world so recently have heard—to
lose your temper as a statesman, because your co-legis-
lators, the peers, carried out. the fine sentiment of the
Camden motto, to which it was your duty, in common
courtesy to others, and in self respect, to have bent with
that calm dignity 'which best befits the wisdom of the
wig ? (qu. ? whit !) •
So then, on the.bringing up of the newly born child to
the House, of Lords, on Thursday evening, by Mr. Su
tient Rice and others, my Loyd of. Melbourne gave no-
tice, that "he would move the suspension of the "stand-
ing orders for the purpose of passing the bill through its,
remaining stages the following day ; and further, that
the Alteration of the 'day fair the bill coining into opera-
tion, viz., from the Ist to the 13th of September, was re •
quisite " in consequence of the unnecessary delay to
which the 'bill- had been subjected in their lordships'
house."
We will not forget our dit. d breeding by declaring his
lordship's assertion to be, in the O'Connell phrase; "
mighty great lie ;" but, with alldue deference to ' hiS
placid self, we freely tell his lordship that it is the very
reverse of the fact, and, as he has had time to cool or to
be cooled upon it, his worthy, shifty co-adjutor can satis-
fy him that he alone, with all his agility and springiness,
is responsible for said " unnecessary delay," in another
and far less consistent place,. by frivolous "puts off"
and unnecessary postponements. But what' of all this
delay and twaddle ? Why the delay, after all, is just
two days ! So much for the value of the assertion-
which the lords treated with merited contempt.
In parting with his lordship, however, on this question
which (and no thanks to him) is settled in favour of the
press, and its personal supporters, we hope that in future
he will consider the value and propriety, as a statesman,
and for the present the unpropitious head of the councils
of our gracions protestant King,'of exercising some mo•
deration, and more sound discretion. It teems that this
minister, having passed through his grand climacteric,
has yet to learn that the happiness and benefit of others
do not depend so. much on our being free from bad
or angry passions, but in having the sense to control
them The castigation of our able, contemporary 'of
the Times, and the speech of Mr. Walter, in his place,
on Friday night, offer a 'rebuke of the most caustic kind,
and were justly merited ; and though we have not had
the shaft pointed directly at ourselves, We have laboured
feebly to sustain the honour and usefulness of our avoca-
tion, without at present the prospect of " writing our-
selves up a county member," as the chief of the Whigs so
classically expresses it; but we have thus far fulfilled an
imperative duty, and that under the fullest respect for
candour and for truth.

After the demand made by the House of Commons for
a free conference with the Lords, on the subject of the
amendments made by their lordships in the municipal cor-
porations act amendment bill, the granting of that con
ference with the managers of the Commons' debate there-
upon in the Lords, and subsequent free conference, in
which the Lords insisted upon maintaining their amend-
ments, by a majority, on the division, of 40 to 29, the
bill has been thrown out in the lower house, the managers..
for the Commons refusing to concur in their lordships'
decision. This took place on Thursday evening, and being
the first free conference which has occurred rot a century,
is not less remarkable for its novelty than for the temper
which has been displayed upon the occasion, not by the
managers on the part of the upper house, who maintained
its dignity, and vindicated the trust in their hands, but
by the prime minister, who also on this occasion lost sight
of that dignity befitting his high station, by dealing out
language to their lordships, whilst in the exercise of their
high functions, totally unwarranted by the usages of the,
house, or the nature of the proceedings before it, their
lordships' opposition, or even the established usages of
gentlemanly society ; but for which temerity the philo-
sophic leader of " all time talents" paid dearly, in the
severe reproof administered by Lords Lyndhurst and
Abinger.

We have little to add in the shape of explanation or
commentary on those points of the discussion, which
Lord Lyndhurst has himself. so fully eludicated in his
usually powerful and conclusive style, and which he
simply confined to two, as leading questions for their
lordships' consideration—the first relating to the admi-
nistration of charitable trusts, the second to the election
of the mayor and aldermen, which, under the municipal
bill, is at present vested in the council.
We would remind our- readers that, under this bill, a
temporary provision was made, by consent of both houses
of parliament, for the purpose of enabling them to lake
time for considering the most effectual and safe arrange-
ment with a view to the permanent and secure application
of all funds under the charitable trusts. A provision was
theretbre made in the bill that the existing trustees, who
were trustees under the old corporate system, should
retain. the trusts for one year. And it was now merely.
proposed by the House of Lords, and to all appearance
with the consent of the other house, that, previously, tg
-its adoption. -by them; the same arrangement should
be made for another year, no complaint having arisen,
to enable, parliament to legislate upon it. Against this
arrangement a violent opposition has been set up else-
where, that is, in the lower house, and which has led to
the divisions on the new bill, and the amendments intro-
duced by their lordships forming the" bone of contention"
between them and the Commons.

Lord Lyndhurst maintained upon the latter question,
that in the event of the council, on the election of mayor
and aldermen being equally divided, there could be no
objection to the appointment of a presiding officer chosen
by lot ; but that he, admitting the propriety of such ar-
rangethent as consented to by the House of Commons,
did object to the principle propounded that such officer so
Chosen "ought not to have a casting vote, in case of an
eqUality of voters on any question arising in council."
And his lord Ship declared further, that such an objection
was a perfect anomaly to the principle of the "municipal
bill itself." Now we do fearlessly maintain that but one
opinion can possibly exist in the mind of any rational
man as to the correctness of his lordship's views, and the
reasonableness of their full application to the point in

question. •
The municipal bill of last session gives a casietirclgouvnoctze.i
to the mayor ; if no mayor, to the senior alderman; if no
alderman, to the presiding officer chosen by the
itself from its own body ! Was there ever then anything
more preposterous than to deny the propriety of the ap-
plication of the principle generally with regard to the
casting vote ? Why our active friend Mr. Councillor
Rathbone will assuredly take fire and support both Lord
Lyndhurst and ourselves in this virus, for we feel assured
that he is the last man who would quietly sit down under
such a restriction planted upon his official importance; and,
as singular evenfs happen in human affairs, even Mr. Rath-
bone might be chosen by lot to Neside over the calm
deliberations of our own town council ; and we therefore se-
riously advise him to write to his friend LOrd John Riu.'

remoneeote with his lordship upon this glaring
ministerial inconsiAency,
even threa;en him with
resignation (as a councillor) if this question of the " cast-
lug 'vote" be not fully recognised, in favour or every man
who may chance to be chosen by lot to fill the important
station of municipal president over the high destinies—the
talk and learning of his fellow•cits !

To beserious—the cause must be weak indeed which
needs the aid of scurrility and detraction for its snpport.
Let, the petulent, the un-argumentative'conduct of Lord
Melbourne and his colleagues before the peers of Pigland
be contrasted with the calm dignity exhibited by the con-
servative party in both houses—firm, deliberative, clear-
sighted, and uncoMpromisingM principle and in action;---
it grasps the difficulties of complex questions, afFecting
the public weal, and grapples with the labour-of debating,
yielding only to conviction on fundamental premises for
the public good. The country is hourly becomingsensi-
ble of this moral influence on our national policy, and it
cannot fail ere long to sink the vampire of agitation to its
tomb. As for ourselves we have little fear of any gross
malversation arising, with regard to the charitable trusts,
always under the control of parliament.

The sensible and truly statesman-like letter of Lord
Stanley to Mr. Hodgson; on the subject of the new cor-
poration schools designed by our radical *junta, must
indeed have proved a " bitter pill." If the protestant
clergy and gentry: of this opulent town and neighbour-
hood needed any corroborating authority to uphold them
in the great and good work they have taken in hand,
here they have it in characters of inestimable value not
to be mistaken. The illu§tration given by Lord Stanley
of the perfectly distinct wants of an Irish and English
population is at once unique, simple, and convincing—
free from any feeling of intolerance and bigotry on the
one hand, and from party spirit on the other ; its argu-
ment at once strikes on the understanding in " accents
loud and deep;" it grapples quietly, yet conclusively,
with the sophistry of abstract principles; it exposes
their fallacy and unveils at once to the reflecting mind
their weaknesS, unfolding a comprehensive view of one
of the most important objects connected with English
polity and English happiness; namely, the education of
the least provided for portion of the human species of'
our own family of system of practical and safe cultiva-
tion, bas'ed on the 'sa'Cr6d foundation of religion, and
applicable to all the phases of moral rule proportionately
as iyhall be regulated by sound principle and upheld by
christian ity.

The letter of Lord Stanley is so explanatory in itself,
so elucidatory of all that is valuable in this question for
our consideration, that it would really be offering to his
lordship an ill compliment to attempt to give effect to
that, by our humble criticism or commentary, which has
the light shining upon its face, that any man of plain
understanding " who runs may read" a lesson of simple
truth, conveyed in a truly christian spirit, holding itself
responsible for its opinions, but showing that those
opinions were adapted to the wants and circumstances,
the prejudices and religious feelings, of a perfectly
separate community.

To- those who are ignorant of the great principles in
which human nature , should be trained to preserve a
truly great or rational society, or who,are determined to
Maintain the opposing creeds in morals, and to reverse
the ordinary rules of logic to make religion subservient
to morality, rather than that morality should be depen-
dant on religion and subject to bible instruction, the
letter of Lord Stanley may indeed prove ineffective, be-
cause no reasoning, no argument, no illustration how-
ever impartial, candid, and convincing, or however just
the inferences and conclusions, or judicious the advice,
will keep men so obstinately blindfolded from running
onwards in their downward career of levelling depravity.
Nor would the recklessness of such enthusiasts for popu-
lar rule and voluntary principles be.of any great moment
to society provided the evil consequences of their igno-
rance and inrdination rested solely at their own doors;
but when society in general is liable to be disturbed from
its propriety, and the whole frame-work of our christian
institutions broken up to please the fancy, serve the cu-.
pidity, or gratify the ambition of those knavish liberals,
we have described, it is our bounden duty and our pro-
vince to resist them to the utmost of our power.
There. is, however, a class of men to whom we would
now more seriously address ourselves ; (for we consider
the former out of the pale of early conviction;) and it
is to this class that the weight of responsibility attaches
fur aiding the evil-minded in their nefarious and irrele-
gious designs. In plain terms, then, we mean those who
• are not influenced by any sinister motive, but who are
weak enough to imagine that they can conscientiously
and safely proceed in juxta-position with their more
desperate associates in reforming, or, as they
conceive, improving the condition of the popular
classes, and in facilitating the instruction of the ris-
ing generation especially. Now it is to this class
that the letter of Lord Stanley is particularly applicable;
and, in charity, though we have felt it. our duty to be
somewhat severe on our fellow-townsman Mr. Rathbone.
for his acting the part and character of a fussy busy -bodY,'
Under apparently the influence of a bad feeling; (bit we
hope not an irreclaimable malignant spirit) we would in-
clude him therein especially, and counsel him to study
the sound and just logic contained in this appeal to the
understanding, which will teach him both humility and
self7respect ; whilst it may have the effect of rendering
the remainder of his Councillorship not merely harmless
and innoxions, much less distressingly troublesome to
his fellow-councillors, and the worthy Mayor in the bar-
gain; but positively useful in some respects to the corn-
munity, were it only that of a stimulant to others to ho-
nesty and fearlessly do their duty !
Differing then (which, as strict protestants, we consci-
entiously do) from the principle of Lord Stanley's views,
with regard to " scriptural instruction," in the Irish
schools, we are constrained to admire both his explana-
tion and intentions; but even admitting for a moment,
that the system is best adapted to the wants of an Irish
population, his lordship has frankly declared, that in his
" humble judgment all the circumstances which justified
and rendered necessary the Irish arrangethents, for Ire-
land, are wholly wanting when the parallel is attempted
to be established in England." Here, gentlemen, is
food fur sour digestion.

- TO THE EDITOR OF THE LIftERPOOL STANDARD.
Siit,—Having this morning seen reported in the Albion a
cause entitled. "Coward i,. Houghton,' held at the present
assizes, and understanding that the counsel for the plaintitl: stated
at the trial that the defendant Was a solicitor in this town; I beg
leave, through the medium of your paper, to state that 1 was not
the defendant in that cause.-1 am. your obedient servant,
THOS. HOUGHTON, Solicitor, South John-street.
15th August, 1836.

PIGEON SHOOTING.—A match at Pigeon Shooting, for a
Sweepstakes, came off on Wednesday last, at Mrs. Hughes,
13(mling Green Inn, Zooldgical Girdena:3"The Shooting was
.of
aitl°lindgesicalipthtieoilr'
one bird; and Mr. Jarvis being'eVen,,they agreed to divide the
Jarvis,nth eMtire.;,TrOrs,.ixastincilitAhl rm.
missed
stakes. •
CIVIC PEAST.—On Friday evening his worship the Mayor
(Tare a sumptuous entertainment at the Town Hall, to the
sudgeg, the leading BarriSterS, the High Sheriff; and several
members of the.' Old and -New Councils. • Among the latter
:Infiirtshyk•
were the late Mayor, Aspinall, Sir Thomas Brancker, Sir
John Tobin, Mr. Charles LaWrence, 111 r. Rathbone, &c. The
other guests included Mr. Ireland Blackburne,- M.P., Mr. Fort,
-Major SWinburn, Mr. Potter, of Bade, &c._The
entertainment was furnished by Mr. !!Dine, of the Mersey.
rr TIE ISLE OF MAN.—One of the advantages of oppu_
sition in branches of trade in tho cheapness and accommodation
which is resorted to in order to secure the custom of the public. •
A new steam-boat has been chartered between this port and the
Isle of Man, by the old conductors of the Mail Packet; the di-
rect cOnsequence of this has been that Messrs. Nloore and Chris-
tion the present contractors of the mail boat have reduced
their fares so low that this trip may now beaccomplished for'
Trip. NEw RAILWAY' STATION.—This splendid terminus of
the Liverpool end of the Liverpool and Manchester Railway.
was'opened yesterday. the whole of Lime-street, and the Hay
Market were crowded through:int the day, witnessing the arri-
vals of the trains of passengers. This will prove a great con-
venience to travellers on the line •frOm. its centr
three shillings!
ato n b
in
7
centrical situation,
and obviates the alternativet,iphhiiellh,
beforebefor th. ae "
e old obliged
s t station submitted to, of either paying an extra tax, iu coach hire, or
walking a riffle and a half
CroWn-street could be reached.
LIABILITY OF Junoas.---On Saturday, along'trial Locke a,nd
others v 'Moon came on, and was 'expected to continue the
day,' it' ended, however, about fouro'clock, and a fresh jury was
required, the other having retired. On calling over a great
number of jurymen suinutoned, it was found that a jury could
not be impannelled, when his Lordship fined the following
jurymen £5 each, for not answering to their names :—Josh.
borax Aspinall, Joseph Akers, Peter Anderton, J. Altanson,
E. Balshaw, .Thothas Bouch, Thomas Bailey, and William
Addams. These fines Will be enforced, unless the parties can
apply to. have the Jienalties removed on some good cause of
C
absence. IR the rown acJut twenty were fined vartM
ous sums.

LIVERPOOL ASSIZES'.

CROWN COURT.-FitIDAY
IIIGHIV A Y 110BISEILV.

Watiara Failass was charged With having feloniously asvatilted
Saint-fel Sims, Heaton Norris. and stealing frontsitis person
one silver watch und.other property, on the Bth April last. The
'prisoner pleaded not guilty...
Dr. BROWN conducted the case for the prosecution, Mr.
Bit/is:DT the defeuce. .
Samuel Sims sworn.—l am a druggist at Lower II illgate, in
Stockport.: I had been to the house of Mrs Slack ; it is about a
mile front the thickly populated part of the town. It was about
1 eleven o'clock when I left Mr. Slack. Ile sent a servant with
me with a lantern„ who accompanied me about balf..a
When I had sent the servant home I walked briskly for about a
quarter of a- mile; and..theo commenced runniog. When run-
ning I cause in contact with something, but could not at first
see what it was. The shock .was very violent, and the person
immediately. .struck me. 1 found I had run against some one,
and made au apology. The prisoner said nothing, but continued
to strike me. I then used an oak sapling which I heel in my
hand. I was on the tootwalk. It Is a by-road, leading to Dols-
bury. Ou being struck I receded to the other side of the road,
defending myself. I struck both prisoner's arms, but don't
think I hit his face. I struck several blows. Prisoner never
spoke. Whilst I was engaged, my stick was taken away from
me, and I was thrown on my back nearly half way through the
hedge. It was a quickset hedge. I then found two persons
upon me. One, who wore a dark jacket, held my hands, while
the other rifled my pockets. Both afterwards rifled my pockets.
They took from my small clothes some silver and a -bunch of
keys. From toy waistcoat pocket they took a silver pencil case,
a knife, and comb. The •untu whit tisst attacked me bad his
hand upon my mouth. He wore a dark pocket. I noticed the
fustian -felt particularly soft. When I was struggling, the man
whom I afterwards noticed to have a light jacket said,'' D—n
his eyes, 13111, stick the knife into him." I then said, " Spare
my life and you such have all I have." I then drew out, my
watch and gave it to the man in a light jacket, who then rose
up and walked off towards Dida.iurv. he other man was still
upon me, and I asked hint leave to get up, promising to he still.
He let. me get up, and stroked his hand down my pockets to see
if there was anything in. , He found something in my coat
pocket, and said, "What's this ?" I said, "My knife; "but if
you are not satisfied toy coat as well." I gave him my
-knife, and he walked off. 1 noticed his dress. Ile wore a round
jacket, similar to a sailors. 1 could 'not see his troWsers, from
the hedge darkening the lower part of his body. I took notice
of his size; Its was about two inches smaller than myself. There
were several papers in my pocket, some of which fell on the
ground, and prisoner gave me them. About seven minutes
elapsed from commencing the attack to his leaving.me. He had
his hand on my mouth, and one knee touched the bank. Find-
ing my hat was off, I requested them to give me my hat. One
of the men called to the other and said, "Give him his hat." I
cannot speak to his voice. One said, "If you. will fetch your
hat you shall have it." I went a few paces after them, but not
considering it safe, turned back. I got my hat in the course of
the night. I then, ran towards Stockport, and saw alight in the
lodge, of a factory. There was a private watchman. named
Buckwright, accompanied me to the house of a police officer of
the name of Edwards. We went in pursuit. Buckwright seized one
of the men about 3110 yards from the place where I was robbed,
but on another road. When we came up with Buckwrights he
was in the lodge of another factory, and, oh seeing prisoner, I
caught hold of his jacket and said, " this is the jacket I have
so lately handled." I turned hint round and said, " His face will
be scratched." We found it scratched, and appeared very re-
cently done. , It was about half an hour from the time of the
robbery. I don't recollect making any other remark in his
bearing. He was given into the custody of Edwards. The
prisoner corresponded in size. Saw him again at the Court
House next day. I said in his hearing to Sadler, "If this is
the man his arms will be marked." They appeared to be very
recently done. The bruises were from the elbow down to the
wrist. . I have not seen the other man since.
By Mr. BRAN DT.—When I first went out it was dark and
rainy. Did not know what I ran against. It was quite unin-
tentional. I thought I was the aggressor. The fustian jacket
is very commonly worn. 1 have very rarely handled velveteen
jackets. Velveteen has not so soft a feel as the jacket the pri-
soner wore. Both prisoners went in the same direction when.l
left theme, from Stockport towards Didsbury, The place where
they were taken into custody was nearer Stockport than where
the robbery took place. It was in the lodge of Mr. Orrell's fay-
tory that I saw the.prisoner in custody. When my apology had
no effect I defended myself. I was most decidedly excited. -Ks
they rose up from.me I observed their size, and the jacket of the
prisoner distinctly,
This witness gave his evidence in a clear and explicit man-
ner, and was particularly complimented by the learned judge.
Robert Buckwrig,ht.—l am a watchman at Heaton Norris.
Was called to assist Mr. Sims. It was a quarter-past eleven.
I'went to get the assistance of Edwards, a police-officer. I met
two men, near Mr. Orrell's factory. coining towards Stockport.
I took Furness into custody. I shied my lantern, and saw the
men answered the description Mr. Sims gave me. I took the
prisoner-and charged him with the robbery. Prisoner denied
it. The other man ran off, and was pursued by a man who was -
wills me, but he escaped. The other man wore a white coat.
It was a jackatoped coat. I asked the prisoner what he was do-
ing with that man. He said be had met him on Brinksway
Bridge with another man who wore a round jacket. They were
coming from the bridge. The men he met asked him to pay
for a pint of beer, and' he said he had no money. They then
legged him down. I searched him in the lodge, but found no-
thing upon him. Mr. Sims pointed out the place where the-
robbery was committed.

By the JUDGE.—I looked at his face, but did not go to the
place of the robbery.
By Mr. BnalvDT.—When I came up to him I could not see
him until I shied the light. I heard footsteps coming, but it
was so dark I could not see him. At the first blench I thought
it was a man of the name of Thompson. Prisoner said he had
been at Cheadle. Mr. Sims asked me if I had searched the pri-
soner, and I said yes, but found nothing upon bins. Prisoner's
face was scratched. He had a fresh scar near his eye; done,
as I thought, by rubbing on the ground.
By Dr. BROWN.—Prisoner did not say what time he left
Cheadle. I did not ask him.

Joseph Sadler.—Am a superintendent of police at Stockport.
I received an account of the place from Mr. Sims, and easily
found it. There were marks of struggling. It was a gravel soil.'
. I noticed the elbows of prisoner's jacket.• I also noticed his
knees. They were dirty. It was of a light, grand soil. I no-
ticed his face. There were several scratches on his face. They
appeared to have been done recently. I had the prisoner
stripped in my office in Mr. Sims presence. There were
marks on his elbow, and a very distinct mark on his left shoulder.
They appeared to have been done with a stick. I told prisoner
what he was charged with. He denied it, and said he had been
at Mr. Munday's publif!-house, and afterwards went to Cheadle.
I asked him what he went to Cheadle fir, and he said, to get some
money that a person owed him about a fight. He could 2501 tell
the name of the person. He gave no answer about the dirt on
his clothes and the marks on his face. I asked him what time
he left Cheadle, and he said nothing.
By Mr. BRANDT.-1 believe prisoner made me no answer to
the question at what time he left Cheadle. If I have stated the
contrary, it is a defect in memory. I think I have a perfect
recollection of the conversation. The jacket was of the softest
description of cotton velvet, called moleskin. There was a
mark on the left shoulder; it was just beginning to turn black
and blue. It could not be made by a fall on a stone. I did
not keep his jacket and trowsers. The soil at Brinksway Bridge
is a wet black soil. The front of the trowsers were dirtied with
a loose gravelly soil. Prisoner passed the night in the lock-up.
I did not see hint until the next morning.
Richard Buckwright by the JuoGE.—Prisoner said he had
been legged coming over Brinksway Bridge. It is a dirty, wet
road.
Joseph Sadler, by the Jona-E.—l asked him before the ma-
gistrates to account for the dirt on his clothes, but he gave no
answer.
The prisoner, in defence, said he had been fighting the day
before and the week before with Parish's son at the theatre.
The learned JUDGE summed up the evidence in a very clear
and perspicuous manner.
The prisoner addressed the Judge, and requested to account
for the marks and dirt. This was immediately granted, but
nothing was stated of any consequence.
The jury returned a verdict of guilty after a few minutes con-
sideration.—To be transported for fourteen years.
Samuel Wharf (2-1) was charged on two counts in the indict-
ment with having wilfully and maliciously cut and stabbed one
Clara Ann Wharf. The prisoner pleaded not guilty.
Mr. Peel conducted the prosecution. The prisoner was un-
defended.

Clara Ann Wharf sworn.—l am the wife of the prisoner; he
is a dyer by trade; he had been out of work some time. On
Friday,- the 22d of July, I said something to him about being
out of work, and told him to go and make hay, or get something
to do. We came to high words, and he took. his hat and went
out. It was between eight and nine o'clock in the morning.
I saw him again between nine and ten o'clock in the evening;
I was washing my children's frocks, standing with my back to
the door. I heard he was coming; he made a noise like a tipsy
loan as he came through the yard. When he came into the
house, he said he would be revenged on Inc for what my mother
had done at him. My mother keeps a beer shop, and he had
been for some ale, and she told him it would be better to take
his money home. He ran up to me, and struck inc a violent
blow under the left car, but cannot tell with what. I ran out
at the door and said, " 0 Sam, don't ;" fur I thought he was
going-to hit the again. In following me, he tumbled over a raip
tub. I met a lady named Kerr, who inquired what was the
matter. I said, " Sam, has hurt me." The blood ran down
my neck and on her hand, and she said, " 0, Ann, go and get
some help, for Mr. Kerr is not at home." I ran to the Police-
office, about one hundred yards distance. I had said nothing
to my husband at that time. It was about a quarter of an hour
before a surgeon came. He dressed the wound. I could not
see what was in my husband's hand. When he first came in,
he said, -" Where is that b—r. cut her bloody bead off."
He kicked the door open, and ran and hit me at the back of the
ear: We have been married between three and four years. He
is a little disturbed in his mind when in liquor We never had
a word when he was sober. lie has been addicted to cursing
and swearing.
Win. Booth sworn.—l am a police officer. Was on duty on
the 221 of July last. I saw Clara Ann Wharf running. She
said, "Oh ! Booth, am I to be killed this way ? " I thought she.
was going to faint, and placed her on a form. I put my hand
on her neck, and felt the blood running down. I sent for a
surgeon. It was a very severe wound. I went to the prisoner's
house in company with another officer. I saw the prisoner
there. He had a child- in one band and a knife in the other.
The one arm was round the child, and he held an old table
knife in the other. I stood at the door for a second or two con-'
sidering how I should get to him. Stone people cried, " Booth,
don't go•he'll stab you." I said "we must secure him." 1
then said, •" Sam, 'are you going mad to-night ? You have,
killed your Wife for any thing I know." lie said; " I don't
care a d—n about it, you may have roe now." He appeared in
liquor. I rushed upon him and held the arm, while another
officer took the knife from him and gave the child to one of the
Women. The knife was not bloody' I saw no blood on the
floor, nor any other knife.
By the JUPGIL—I used the expression " Areyou going mad,"
on account of his swearing and making such noise, and not
because 1 had ever noticed any symptom of derangement.
' Mary Appleton.—l am the soother of Clara Ann Wharf.
Prisoner had been at my house. He wanted some drink and I
would not let him have any. I keep a beer shop. I told him
he had better look 'for work and support his family than keep
drinking. He was very saucy, and appeared quite intoxicated.
He went away from my house. About 25 minutes after I heard
of the accident to my daughter. 1 live about ten minutes' walk
from my daughter's house. A girl came for me and said my
daughter was killed. I went in a great hurry. Prisoner had •
been taken away when I got there. When I was going in my
foot struck against a knife. I cannot tell what became of it.
examined it. There was no blood upon it. It was a clasp
knife, quite s!rarp. It was not a pen-knife. I gave it to ray
son, a little boy about ten years of age. I don't know how it
was lost. Nut the least trace of blood upon it. •

John Knight sworn.--I am a surgeon. -Was called in to see
Clara Ann Warf ; she ,was sitting on a bench in the police.
office, She was pale, like a person
.about to ale ; it was not
faintness; she was'senFible : there was much blood about her ;:
it was flowing \Ten rapidly,.and evidently arterial. • I laid her
on her bath the bench in a horizontal position.; I exaininert
the part; l found the orifice, atili put my finger upon it. It

AUG 16 1 S

,_~- ~.~

was about an inch from the ear. but 1;elow, near the mastoid
part of thi temporal bone. I had no instrument with toe. but
sent for them. The depth Of the wound I' afterwards' found to -z
be rather inore-teo inekes. The wound corresponded with, -
the knife produced by the Fonstable, like a Cotillion meat knife.
I cannot account for the absence of the blood. If the knife had
been withdrawn rapidly I think the probability is that the knife
would not oe marked. The knife was here produeed, whick
wit; taken from the prisoner. The force of the blow was at'-
rested by the bone. Had it not been so stopped it would pro-
bably have gone into the-softpalate at the back of the -mouth:
It did not appear tothave been inflicted with a spar') knife; t
w
edges needed a little pain 'to dress it ell. There was a de-
gree of lividity about the wound as it' from pressure. I dent
think the knife produced would have inflicted such wound. The
. depth of the wound Might be more than two inches—ano-
ther surgeon put his finger into the wound. quite up to the
hand. feonsKlered that some large vessel had been divided::
and that rest was necessary. The wound would be healed by
external pressure. I should call the injury a stab. It wa:: not
a dangerous wound after the bleeding was stopped. It was a
muscular Wound. My own impression was. that had the knife
not been diverged by the bone it would have divided all the
blood:vessels on that side of the head—it would have gone
through the internal jugular vein, and into the carotid artery.
There would not have been time to tie them up. She would
have died in a minute. It might have been prodUced.by a clasp
knife, which would account fur the livid circle round the wound.
The prisoner, in defence, said he had been nut of work in
consequence of a scarcity of work ; my wife was constantly up-
braiding me, and calling me lazy and a vagabond. On the day
in question I went out without having anything to eat,•and se-
veral shopmates treated me, and I got so intoxicated that' I did
not know what I was doing. The next morning I found myself
in the lock-up, but knew nothing about the circumstance, and
asked the watchman what was up ? He said, " you have made a
pretty job of it." I said I knew nothing of it.

Clara Ann Wharf' re-examined.—He had worked about a
week and half after Whitsuntide. The knife had been out of
my possession for a week previous to the '22d of July, and dont
know what became of it. 1 can't tell what instrument he did
it with. It was not the table knife produced by the constable,
I had been cleaning the knives, and they were put in the cup-
board. My husband never went near the cupboard. Prisoner
had nothing to eat that morning in our house. I told his bla-
ther that I-had given hint cause in the morning, for we were in
a passion. .1 have often npbraided him with his father—he was
an old man, and cut his throat. The jury brought him in deli-
rious. I frequently checked myself when upbraiding him.
Mr. Knight—by the JUDGE.—The wound was less than an
inch in length. •
No witnesses were called on the part of the prisoner.
The learned JuocE summed up the evidence at great length.
and the jury after a quarter of an hour's absence tonna the
pri-
soner guilty on the third count in the indictment—that he in-
flicted the wound with intent to do his wile some grievous bodily
harm.

Thomas Simpson, aged 36, was charged with killing and slay-
ing Richard Lock, at Toxtetti Park.
Mr. Rushton conducted the prosecution, Dr. Brown the de-
fence.

Mary Lock.---iam the widow of Richard Lock. My husband
and the prisoner were fellow-workmen.. Remembers the night of
the 31st of January, arid going to Wiun's public-house; it was
between one and, two o'clock. Prisoner and deceased were
drinking together. We came away about three o'clock. We
went home and cleaned ourselves. \Vent after, to. ,Unswort
beer-shop. Prisouer was there quite comfortable. There was
no quarrel between prisoner and deceased. We were all toge-
ther in the back kitchen. A person came to inquire for Mrs.
Simpson, when witness replied she would be there directly My
husband was dosing, sitting on a bench. Prisoner was sitting
opposite in an arm chair. Prisoner got up and struck me.
I said, " Simpson, don't strike me," and held up my arm in
defence. Prisoner then got up and pulled my husband down
by his neckhandkerchief, and kicked him all over his body.
Mrs. Unsworth iuterfered, and we got my husband into the
parlour.' We went afterwards to Swayne's. While we were
at supper, Mrs.i!Simpson's aunt came in ; Mrs. Simpson fol-
lowed her. My husband was going out up the steps. Before
my husband got to the top, prisoner ran forward to meet my
husband, and kicked him several times in every part of his
body. Prisoner then dragged him forcibly up the steps, and
knocked him down in the street. Deceased was taken into
Mrs. Swayne's, and remained in bed till one o'clock in the
morning. We lost sonic clothes and went to Mrs. Simpson's td
look for them. Afterwards we went to Unsworth's. Prisoner
was there, and also my brother, Mrs. Simpson, and Mrs. Uns-
worth. Deceased said to prisoner, " Why did you ill use me,
I gave you no reason for it ?" Prisoner then got hold of may
husband a shook him My husband said, don't kick nie
again, Tom." I and deceased came out, and prisoner came
and kicked him again. My husband was carried home and put
to bed. He never went to work afterwards. Mr. Radcliffe,
•
surgeon to the Dispensary, attended him for some time ; but
afterwards my brother got Mr. Bromilow to attend him to his
death. He died on the 18th of April. He was not ill before.
.He was a very healthy man. He complained of his heart and
kidneys.
By Dr. BROWN.—There were three kickings, very violent,
and in every part of his body. He could not walk after the first
kicking. Tins was on Sunday. He was in Swayne's on Mon-
day before the second kicking. After tea on Sunday we went
to Unsworth's. Prisoner was there. I and deceased went to-
gether. The only offence was, I said, Mrs. Simpson would be
m shortly. We--were all comfortable. Mrs. Unsworth was by
at the time. Was present at the conversation about Mae. Simp-
son's return. I never struck the prisoner. Only pushed hip'
off my husband. Prisoner gave my husband several kicks.
think Mrs. Unsworth came in before the kicking was over, but
cannot be sure. I did not see anything about a poker or pair
of tongs. Don't recollect striking prisoner with either tongs or
poker. We were turned out of the kitchen into the parlour, as
Mrs. Unsworth wished to part them. Did nut see my husband
go mound the table to strike the prisoner. It was near eleven
when we left. Thequarrel happened About ten. Never said,
" Diek, let us go into a hack street; and we'll wait till One
o'clock in the morning but we'il be revenged." . We.stopped.at
Swayne's to supper. My husband went to Swayne's to ask.hins
• to call him up next morning. The prisoner would have to pass
Swayne's on his way house., Mrs. Sweyne's was exactly oppo-
site prisoner's house. Prisoner did nut come
.into Swayne's.
Margaret Brown, Ann 11I'Culloch, and ElizabetheKay saw the
second •kicking. They did not see the beginning. My hus-
band was scarce able to exteve after. He went on Monday to
Mrs. Unsworth to look after my silk handkerchief. He got up
about half-past nine next, morniug. He had been out of work
three weeks. He never. sold old mats. I made the mats, and
we employed two hawkers to sell them. Mrs. Unsworth was
present when my husband said, " Tom, why did you ill-use me
so last night without any provocation ?" Never heard my hus-
band say, " You thought to lick me last night, but you didn't;
come out, I'm your non ; you never could stand before me."
Mr. Unsworth put my husband into the lobby. He was not at
all noisy. We went again to ,Swayne's about dinner time.
They fought for about twenty minutes. My husband was
stripped. Some men tore the shirt from his back to snake him
fight Simpson.. He was kicked before he stripped. The cod-
stables came up when it was over. My husband did not hide
himself behind a cart. Ile ran towards Ashton-street on his
way home. He could not inn well. Did not knock a child
down on his way. I never clapped isty hands to cheer fay hus-
band on. I laid my hand on his back twice or three times, as I
wanted to get him awav:• There was no provocation. Mrs.
Simpson stole my handkerchief. Deceased and Mrs. Simpson
had some words. My husband said something in Simpson 's
presence disrespectful of his wife. Something that Bill Cham-
bers had said.
By Mr. RUSHTON.—The Carpenters tore the shirt off' my
husband after he was kicked.
Elizabeth Kay sworn.—l am a widow. Live at No. 20,
tßack Parliament-street. Remember getting up on the night of
he assault
assault - it was a moon-light night. Heard Lock say
twice--"
fight no more." Simpson went up and knocked
Lock down, I then screamed out murder several times.
By Dr. BnowN.—Cannot say how. long they fought. No
watchman came up.
Margaret Brown sworn.—l am the wife of .James Brown,
live in Ashton-street, know the priseeer, and knew Lock•
Remember the night of the 31st Jatinry; Lheard. Simpst'n,
say, " Hey,, up!" when they began to tight. They knocked
each other down several times. Simpson kicked Lock several -
times. when he was down. I cried out murder. 1 said, Torn
Simpson, you have kicked. Lock to death."
By Dr. BeowN.—Cannot say how long they fought. Lock
was not able to get up; he was assisted up. The women fought
also; it was before the kicking. Cannot say how long they
f
otagnee I- was looking at the, melee Did not make any come,
plaint the next .day.. Saw a fight next day Lock and Simp-
son had some words together, and then they fought. Simpson
knocked Lock dwelt; then a carpenter struck Simpson; they
then stripped and fought about a quarter of an hour in Rice's-
place.. Cannot say what Mrs. Lock was doing. She was near
when Simpson put down his tools. Did not see Lock and hi'
wife come out of Swayne's.
By. Mr. RusivroN.—The carpenter struck Simpson for kick-
ing Lock. They were fighting before.
Aun M`Cullock sworn.—l live in Back Parliament•strect•
Remember being disturbed ou Sunday, the 31st January. Wa'
alarmed by Margaret Brown calling out murder, and "
son, you. have killed a man." Got assistance to remove Loo",
Saw Simpson no more that night. I saw Simpson on the mottl,"
ing cotton up Asittou-street with some tools. I heard Loer•
Say, " Simpson, What did you use me ill last night. fur ?". Sot
after they fought; Lock was knocked down er several rutlou,
fighting.. Simpson kicked him on the right side when he."'
down. •
By Dr. BeowN. —I took' Lock to his own house. He was'
standing against the wall in Ashton-street when I found hilt'.
He ran away from the constables. He was stupid for fight" 'g:
He came back in about a quarter of an hour, and I then te."-;
him home. I know where Toxteth-park Bridewell is. 1",, •
never taken up for fighting. 1 and toy husband have quarrelled
but that is .nothing to-nobody. Both wives saw the light, an
od
were cheering their husbands on.
Samuel Bromilow.-1 ant a surgeon. Was called in toattendLock on the Bth of April. Ile lived ten days after. i exano9,e
a •
'the hotly after death. Ile died of inflammation on the chest•a'si
abdomen. Cannot say whether it was produced by extenno
violence. It Might have been. The heart was enlarged, an
the liver also. •
By Dr. BeowN.—The heart. was about one-third larger than
the usual size, and the liver twice as large as usual. V0u),3.,
about a pint of water in the chest, and a quantity
be tud"
,ei also in t,
P t
abdomen. There was no symptom kit what
by ordinary disease. Thinking and exposure to cold Tull,
produce the disease. No external appearance to speake°oe
Only a little elevation on the right side, and no inflann"a' te
corresponding with any external .mark. I could not attribu
his death to vo,knee. in the- absence of any other "'le
' I should be satisfied that his death was caused by violeuce;',.,tti
ceived in-January last. If a man of drunken habits, his " is.
. might be prodired, by that means, and the saute 53
apparent.
t se i 3
Margaret Unsworth.—My husband keeps ved
Ashton-street. Know the prisoner and knew the deeed'ace
very well. Remember Lock and his wife coming in on Sole,
rot
31st January. They had souse angry words, and Mrs. Lock',l7.
the tongs to strike Simpsove Prisoner had not d
_one or
anything before Mrs. Leek struck at hint. My husband ranand
the tongs front her. Mr. Lock got op to strike Sitopsonyo
they both fell together. My husband called for assistanceiyA
Lock out. We got them into the parlour, and only ren,(;,,c'',l;.
there till I went to ord :r them out. It was not eight-
Mrs. Lock.gave me some angry words, and said .1„:,okont:::ot,
inpton
ilul
not go out till Simpson went out. Mrs. Loa said, ,e I sid,
Bill, and we'll have revenge if we wait till one e'cloc.•
"If you wait you shall wait a long time, for I'll keep Tntnr,rstu,
here all night." The next day they came in, Simpsan
and asked fur a glass of ale. Lock came in soon after,
j..,nui
"Simpson, you have not licked nut yet; "me oeuel'anY
man." Simpson said, "Richard, I could lick you
away, and
but won't mate a blackguard of myself."
Simpson remained for
towards his own house, at his usual dinner,hoeurirstl
thing
about twenty to in Lt Loci:
wSei_o‘r,p,_6lo)
tni hnet
door to see if Lock was waiting to tight. 111. f
stretcy. e.ee
was Simpson's hat fly round the collier of lire.et est on back,
a and saw Lock throw off his coat;
lthey i.an
on the
a blow was struck. Lock's wife was
rug, "He'll go it better then, a n.l if
.1 ,
kick. The rust" ••,e
saying " Go it, Dick," and
It was a fair tight: Stw.nother party
riven I should haY,
crag
seen Mrs. Simesed
constables came, .
seen them. When the consta
I am quite sure of
were sent for, and if there had ;been kicks 1..)
it-
persuadinv her husband to go home.
Seu,t her sister fur a jug
hi'
im watt