The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-04-02 00:00:00

NISI PRIUS COURT.-TUESDAY

Mr. Baron Rolfe took his seat at a quarter past nine this
morning.
WILD AND OTHERS V. HOLT AND ANOTHER.

Mr. Dundas and Mr. Cowling appeared for the plaintiffs
Mr. Cresswell and Mr. Alexander for the defendants.

The case involved the right to certain coal in the township
of rnornham, in this county : it was tried at the last assizes,
but a new trial was granted on the ground of misdirection on
the part of the learned Judge.
Mr. COWLING opened the case. The declaration in the
first count stated, that the defendants had broken and en-
tered into certain coal mines of the plaintiffs, and taken
therefrom great quantities of coal which they converted to
their own use ; that they spoiled and destroyed other coal,
by means of which the plaintiffs lost other coal, and were put
to a great expense. To this declaration the defendants
pleaded, first, that they were not guilty ; secondly, that the
mines and coals were not the plaintiffs. On these pleas issue
was joined.
Mr. DUNDAS was about to open the case, when

Mr. CRESSWELL made a proposition to the other side to
try the question of right to the mines, and to refer the ques-
tion of amount.

Mr. Dux DAS preferred, if the case were referred at all, that
the whole of it should be referred.
Mr. CRESSWELL was sure his clients would agree to refer
the whole case, if Lord Suffield's agent would become a
party ; and that his clients should have an indemnity against
Lord Suffield. They only wanted to pay the right party, not
to keep the money.

Some consultation took place, which ended in an agree-
ment to refer the whole case to Mr. Frederick Robinson,
who should be empowered to make such terms as he might
deem right.

Mr. CRESSWELL further suggested that, if Lord Suffield's
agent pleased, he might have power to become a party before
the arbitrator.

The JUDGE expressed his satisfaction at this arrangement,
and his conviction that it would promote the interests of all
parties.

A verdict was taken for the plaintiff, for 405., subject to
the reference.

ASHWORTH V. BAMFORD.
The parties in this case reside at Rochdale, and the action
was brought to recover £5O alleged to ne owing by the de-
fendant to the plaintiff upon a promiss.,ry note. The details
were of no interest except to the prisoners themselves. The
jury found a verdict for the plaintiff; damages £47, there
being a set-off for the difference.

BUTTERWORTH V. SMITH AND ANOTHER.
The defendants in this case are cotton spinners in Man-
chester, and have their works at Bacup. The father of the
plaintiff was the manager of the works, and he engaged the
plaintiff at a salary of £l5O per annum, to act as book-keeper,
cash-keeper, &c.' but did not inform the defendants. In ad-
dition to this, the defendants occasionally had accommodation
in the plaintiff's house, including dinners and beds, for which
he charged Ws. 6d. per week. The action was brought to
recover a balance of money due upon these accounts. The
case was perfectly uninteresting. Verdict for the plaintiff,
that he was entitled to a salary of £l5O per annum, and to
Ss. per week. Damages £76 15s.
GREGORY V. GREENWOOD.—RUNNING OVER BY AN
OMNIBUS.
The plaintiff in this case is Mr. Samuel Gregory, a pattern
designer, at Manchester ; and the defendant is Mr. John
Greenwood, the keeper of some omnibuses plying between
Pendleton and Manchester.
Mr. thindas and Mr. Atherton appeared for the plaintiff:
Mr. C. Cresswell for the defendant.

It appeared that, on the evening-of the 4th January last,
between six and seven o'clock, the plaintiff was going along
Deansgate, and had turned seven or eight yards into King-
street, and when he was in the act of crossing the street, he
was run over by one of the defendant's omnibuses, which
was driven by a man named Prescott. It was alleged that
the accident happened in consequence of the improper and
negligent driving of the defendant's servant, as the night
was not dark ; there were gas lamps in the street, and the
place where it occurred was opposite the King's Arms Hotel,
over the door of which there was a lamp. The omnibus was
seen coming up Deansgate at a considerably fast pace, and
the driver, when he arrived at the corner of the street, in-
stead of making a sweep, went near the right hand side,
close to the curb-stone. The right wheel went over the
plaintiff's back, grazing one side of his head and part of his
face, breaking his collar-bone, and inflicting upon his arm
in particular such injury that, for a fortnight afterwards, he
was obliged to keep his bed. For six weeks he was unable
to use his arm, and, up to the present day, it was not per-
fectly cured. The driver had had sortie liquor. Evidence
was then given of the amount of pecuniary loss sustained by
the plaintiff in consequence of being unable to go to Glas-
gow, at the proper time to dispose of his patterns for the
spring market. One of his designers stated, that between
300 and 400 patterns were prepared for him to take to Glas-
gow ; that their average price was from I2s to 15s, but they
were worth nothing, as he was three weeks too late for the
spring market, and ie calico printers would not buy them.
For the defendant, evidence was given that the driver was
not drunk, but perfectly sober, and that the affair was en-
tirely an accident.
The jury found a verdict for the plaintiff, damages £3O.

DAVIDSON, REGISTERED OFFICER, V GIBSON.
This was an undefended action brought by the Commercial
Bank of England at Manchester, against the defendant, to
recover the amount of two bills of exchange for £213 I'ls 3d,
and £250 Is. 6d., which he had accepted.—Verdict for the
plaintiff.

ASSAULT AND TRESPASS.-CRANIESHAW V. DRINKWATER.
This was an action brought by a power-loom weaver at
Manchester, against a cord-manufacturer in Salford, who
let him power for turning twenty-six looms ; and who after
some quarrels between the parties, forcibly ejected the plain-
tiff and his hands from the premises, locked them up, took
possession of the looms and various tools and utensils, cut
some cloth from the
looms, and also detained some warps
and wett belonging to the plaintiff, whose tenancy had not
expired.—The case ended in a juror being withdrawn.
The court broke up shortly after six.

CROMWANLICCaUSLRYT.;;NUVNEDDINNEG.
snAy.
Jane* Steel, 25, was charged with having, at Manchester,
walieionaly wounded Mattel Rooke.

Mr. Green prosecuted. The prisoner was undefended.
James Longworth stated that he was a shoemaker. On
the 31st of August he was returning from Ancoats-lane, in
Manchester, and on going through Angel-street he heard a
disturbance. He went towards the place, and saw two per-
sons, Rooke and Steel. He saw Steel draw from his breast
a weapon, which appeared to be a piece of iron, and strike
Rooke a violent back-handed blow. Rooke fell backwards,
crying out, " 0 God, I'm killed !" The prisoner then
struck another violent blow on the chest. Steel then ran
oil with another person, named Rafferty. Witness pursued
the prisoner for fifty yards, never losing sight of him till he
was given into the hands of Sheriff, a policeman. When
taken into custody, Steel's hands were literally covered with
blood. The officer, witness, and prisoner then went to
Rooke's house. Rooke was lying in a, senseless state; and,
after recovering, he pointed to the prisoner and said, " That
's him." Prisoner replied, " I wish 1 had killed him."
When in the Town-hall, the prisoner was asked why he
committed the act. He replied, " They should not have
broken my jug."
Sheriff, the police-officer, gave similar testimony.

The sister of Rooke corroborated Longworth's statement
as to the conversation which took place in the house of
Rooke.

John Barton, a police-officer, who came up to the assist-
ance of Sheriff, and who went also to the house, gave like
testimony as to the particulars of the conversation.

His LORDSHIP Summed up very briefly, and the jury
found the prisoner guilty.
He was sentenced to be imprisoned one year.
STABBING.

John Wade, 21, was indicted for cutting and wounding
Wm. Graham Lockerby, in this town, on the 12th March.

Mr. Venables and Mr. Paget prosemted. The prisoner
was undefended. _ _

Wm. G. Lockerby stated, that on the evening in question
he and a friend were going along Whitechapel, and, coming
to Preston-street, they met with the prisoner and some
others, who knocked off their hats. A scuffle took place,
when the prisoner took a knife from his pocket and stabbed
him several times. A policeman came up and took the pri-
soner into custody.