The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1854-05-16 00:00:00

proof.—lt was well known, Mr. Aspinall said, that, whe i
spirits:ere changed from one vessel to another, or expose
to•the air, they lose some of their strength, but only in a"
small degree. At 26 under proof it was sent from the
yard of the gentleman who had sold it, to the Duke of
Bridgewater s place. It occupied four or five days in
coming, andon its arrival here was found to be muddy,
and-42 1-10ths under proof. It was alleged that 15 or 16
gallons must have been taken out by the defendants' ser-
vante,-and their place supplied with impure water. The
original value of the gin was 10s. a gallon, but it was
worthnow. about ss. 9d.,- and could only be used for recti-
fying purposes.—The• defence was principally that the
plaintiff had not proved conclusively that the deterioration
had taken place whilst it was in the defendants' posses-
sion. Witnesses were called to prove that. Mr. Aspinalr
having replied, the learned assessor summed up, and the
jury returned a verdict for the plaintiff, damages £l3 105.
ACTION. POE FALSE INPEISONNENT.—GYEENFIKLD
V. STKEs.—This was a case the circumstances of which
must already be familiar to the local reader. It has
been not less than four times:tried before various courts.
At the October Court of Passage, the present plaintiff
obtained a verdict against the defendant with i.:40 da-
mages ; but, the case being removed to the court above, a
new trial was-ordered on the ground that the Assessor
would not at that time allow evidence of justification to be
taken.—Mr. Aspinall and Mr. Brett appeared for the
plaintiff, and Mr. Millward and Sir George Stephen for
the defendant. —Mr. Brett opened the pleadings. John
Greenfield was -the plaintiff; Benjamin Sykes the defen-
dant, and the declaration was for falsely imprisoning the
plaintiff; to which the defendant pleaded that he was not
guilty by statute. —Witnesses were then ordered out of
court —Mr. Aspinall stated the case. He said this was a
case which would require somewhat more than usual care
on the part of everybody,. in consequence of the difficulties
which they had heretofore encountered in coining to justice
and right conclusions. They must see this time if they could
not come to thereal facts, and a verdict which would be satis-
factory to the parties•and every one else. The plaintiffwas
a person who had for many years carried on business as a
plasterer in Liverpool, and up till the time the action arose
was doing a fair and.remunerative business. He had been
employed by the Corporation of Liverpool about the mar-
kets and other things, and had also attained a reputation
for some facility in curing smoky chimneys. He men-
tioned that, because by it he had earned a nickname, that
of " sweep," which might be repeated by some of the wit-
nesses in the course of the proceedings. The defendant is
a publican in Great Charlotte-street, his house adjoining
the Fish Market, which lies between it and the Amphi-
theatre. rt appeared that on the 31st of May some party
or other had committed against the defendant some offence
which he chose to consider a felony, and which was no
doubt an unpardonable joke on the part of somebody or
other. Somebody or other broke Mr. Sykes's windows,
took out a bottle of champagne and drunk it, and several
other bottles also were removed. That was the whole
matter. It had given rise togreat litigation,—on the part
of Mr. Sykes three times, and the present plaintiff was
now anxious to vindicate his character. That proceeding
having taken place on the 31st of May, or ratherthe morn-
ing of the Ist of June, Mr. Greenfield, he should be able
to prove to them, had nothing whatever to do with it. but
he was in the habit of going to Porter's public-house,
which is next door. He was there that night, and learned
to his surprise that Mr. Sykes had been saying that he
was one of the parties who had been guilty of an impro-
per act at his place the night before. The first step

that Mr. Greenfield took was that which an innocent
person unjustly charged necessarily would; he went
to Mr. Sykes's, ordered something to drink, and then
immediately asked about it. He had some conversation
with Mr. Sykes, and, to his surprise, it resulted in Mr.
Sykes deliberately making a charge against him. He had
him taken to the Police-office in the presence of a great
number of persons, although he was warned as to the con-
sequences of such a search. Bail was offered for Mr.
Greenfield, by persons who knew his position, and were
anxious that he should not suffer the indignity of a night
in gaol. The charge being that of felony, however, bail
was refused, and Mr. Greenfield imprisoned. He was
brought before the magistrates the next day, and the case
was dismissed. Now, if Mr. Sykes had been a prudent
and not a vindictive and malignant man, enough had
already taken place to show him that he should not pro-
ceed further against a respectable man, but he did take
proceedings to make Mr. Greenfield pay for a broken
window. Those proceedings lasted for a long time ; they
had occupied two days before another tribunal, and the
result_ was exactly what he anticipated that day, which
s

could have shown Mr. Sykes that he should hai'e with-
drawn the charge, and allow Mr. Greenfield to clear his
character. Now, Mr. Greenfield had a right to vindicate
his character, to appeal to a jury of his countrymen, and
after a long course of litigation, such as few men had been
visited with, to redeem his character.

Anthony Thomas Slack, a policeman, proved that he
was sent for on the Ist of June, a little before one o'clock,
when the plaintiff was given into his custAdy, on a charge
of felony.

Mr. Stephen Hurton, printer, Queen-square, was next
called. He spoke to offering to bail Mr. Greenfield out,
but that it had been refused, as he was charged with a
felony, stealing wine.
This was the case for the plaintiff. Mr. Millward then
addressed the jury for the defence. He said if any of
them were publicans or shopkeepers, nothing would be
more annoying than to have their windows broken, and
the goods stolen from the shelves. It might be well
enough to treat it as a drunken joke, perpetrated by per
sons coining from Porter's house. A joke! breaking
plateglass windows, at one o'clock in the morning, when
all decent parties were in bed—a joke, stealing wine and
spirits left upon the premises in the usual mode. Mr.
Millward then proceeded to comment on the fact that Mr.
Greenfield, who must have known all the circumstances,
and revealed them under cross-examination, had not been
called into the witness-box. He contended, whatever
technical difficulties might arise, that he was entitled to
give evidence on the plea of justification. Riley, a market
constable, saw a man break the window, and join others,
and drink the champagne on the Fish-market steps.
After giving information to the police, he called up Sykes,
and then they sought for the parties who had been guilty
of the outrage. Mr. Sykes then made an unceasing search
for the parties, which ultimately ended in the plaintiff
being given into custody.
'i'he first witness called was Riley, the market con-
stable, who spoke positively to Greenfield, the plaintiff,
breaking the window with his elbow, and taking out the
champagne.
Mr. Sykes, the defendant, was then called. He stated,
amongst other evidence, that he met the plaintiff coming
out of an entry, near the neighbourhood, at four o'clock in
the morning, and lie said, when told of the charge, that
" they were all drunk, and if it were only one glass that
was broken he was willing to pay for it." He spent the
whole of that morning and next day in search of the
depredators.
Mary Murphy, the bar-maid, called—spoke to the same
admission, if it were such, being made. •
Robert Smith, chicken-butcher, corroborated their tes-
timony.
... .

Joseph Parker, a policeman, was on the beat in Great
Charlotte-street at the time, and assisted Mr. Sykes in his
search. Riley was drunk at three o'clock in the morning.
He had had considerable drink. There was the neck of a
broken bottle lying on the Fish Market steps.
P. C. Wilson, 303, gave like testimony. Riley was not
so drunk but that he could get over the Fish Market gate.
Francis O'Neill, another noliceman, said that Riley was
sober at half-past one o'clock.
This closed the case for the defence.
Mr. Aspinall submitted that there was no case. His
learned friend must prove that he was seen committing
the offence, and that he was immediately apprehended.
The learned Assessor read the act, which was known as
Peel's Act, and said that he was inclined to think that
there was no evidence of his immediate apprehension, but
it was a question which he should put to the jury.
The jury found that he had not been apprehended
" immediately," and it was then held, as the pleas stood,
that there was no justification.
Mr. Aspinall then replied, speaking principally as to
the damages which should be awarded.
The learned Assessor then lucidly summed up, and the
jury returned a verdict for the plaintiff. Damages £lO.
The court at half-past six adjourned till nine o'clocl
this morning.

CHRONOLOGY OF REMARKABLE
EVENTS, on May 16.

Felicia Dorothea Browne was born in Liverpool, on the
25th of September, 1793. Her father was an Irishman,
and her mother (whose maiden name was Wagner), was of
mingled Italian and German descent, the daughter of
the Imperial and Tuscan Consul at Liverpool. She
married early. Mrs. Hemans resided several years at
Bronwylca, St. Asaph, North Wales ; then removed to
Wavertree, near Liverpool, and finally to Dublin, where
she died on the 18th of May, 183,5, aged 41. The poetry
of Mrs. Hemans may be likened to a cathedral ehaunt--
deep, solemn, and impressive.
The King of Naples, in a proclamation, justified the
massacre of the 15th May, 1848, on the ground of neces-
sity. The loss of life was very great, 1,777 bodies being
interred on the 16th.
Violent affray at Bauchi, incited by Mazzini.
The Chartist National Convention broke up.
The North Star left the Thames for the Arctic regions,
in search of Sir John Franklin.
Address from the Irish nation to the Sultan, signed by
the leading people of Ireland, thanking his Majesty for his
generous donation of £l,OOO for the relief of distress in
that country. The money was transmitted to Englind
by Lord Cowley, the British Minister at Constantinople.
Peter the Great laid the first foundation of the city of
St. Petersburgh, 1703.

The Baptis-mal Font at Walton Church erected, 1754.
The Rev. Gorronwy Owen, curate, and a celebrated Welsh
bard, composed English, Welsh, and Latin verses in com-
memoration of the event.

The old meeting-house for the Quakers, in Hackin's-
key, Liverpool, recorded as a meeting-place for Protestant
dissenters, 1700.

.The Royal Liverpool Regiment of Volunteers, , c°"1"
manded by Pudsey Dawson, Esq., mustered in Mossmuo"
fields, 1,900 strong, 1798.
The Welsh Calvinistic Methodist Chapel, in Pall-wall'
Liverpool, opened 1787. deter-
Making Liverpool a parish, distinct from Walt°
mined on, 1654.
Battle of Albuera, 1811.
Baronets were first created by King James I. in MAY)
1611, in the ninth year of his reign. MiCvonAWC.
Liverpool, May 15,

LORDWATEEPABK,a rampant radical, was, on Tuesday,
elected, without opposition, M.P. for Litchfield, in the
place of Lord Anson, called to the House of Lords by his
father's death.
~ ' HAariNna ELECTION.---TIIC representation of Hastings
' having become vacant, an election took place on Wednes_
day, and Mr. F. North, a Liberal, was returned without
opposition.
VACANT JVDorEirllr.—lt is said that the seat on
TUE
the bench, vacant by the death of Lord Cockburn, has
been offered to Mr. Neaves, formerly Sheriff of Orkney.
and Solicitor-General for Scotland during the Earl of
Derby's administration.
I)EvoNroRT ELECTION.—The candidates
11. Maxwell, o ere Perry, the 100o-
axwell, a Conservative, and Sir ErskinwSir 3.
rejected of Liverpool, a Radical, Thp - latter Nym rct kO.
1)),a nAjolity of 1091 to 689, - unal
k 1%
flatNi 1)r'V-i
- . 1 • 1 A