The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-02-05 00:00:00

WALSA t

was, whether the agreement to sail on the 4th day of Fe
bruary constituted a condition precedent, or whether it wa
merely an agreement for the breach of which the defendant

lea to b:

we', ...........- __ _ _..,as action. The case was argued in
Michaelmas vacation by Mr. Serjeant Bompas for tl-
tiff, and by Mr. Seri". eh_ ~. .. . -

defendants, and the

court observing, that the q';
1 importance, said that they v

.stion involved was one of great
Juld take time to consider it.

The Lord Chief Justice Tindal now delivered judgment.
After stating the facts, his lordship said that, in questions of
this sort, the decision in each case must depend upon its
own particular circumstances, It could not depend, as Lord

Elleriborough observed in " Ritchie v. Anderon," 10 East,
upon the mere formal arrangement of the words of the
charter-party, but upon the common sense meaning to be

Smitttite

about half

-JL ELECTION

On Tuesday, the day of election, the appearance of the
town of Walsall at a very early hour exhibited symptoms of
betokening the violence which succeeded. Ac-
violence

an early period 01

o Mr. John James, formerly a supporter of the liberal can-
lidates for Walsall, but during the present election a warm
friend of Mr. Gladstone. The threat was duly execut-
ed. Mr. James, on his way to give his vote, received
a tremendous blow on his head, and, had it not been for the
prompt succour afforded him by friends, there is little doubt
he would have sustained serious injuries. It will be seen by
the subjoined statement of the polling, that both parties com-
menced vigorously ; but the conservative party were most
upon the alert, and displayed an alacrity worthy of the cause
in which they were engaged. At half-past nine o'clock, the
numbers were, according to the statements of Mr. Glad-
e plain- stone's committee—

Gladston

Gladstone
Smith....

HALF-PAST TEDI

Gladstone
Smith....

HALF-PAST ELEVEN

the day occ

ss of the conservative candidate at this period of
casioned the utmost excitement amongst the
nd so outrageous was the conduct of the mob,

that the magistrates deemed it necessary to call in the mili-
tary stationed in the vicinity of the borough. Accordingly,
ast twelve o'clock, parties of the Scotch Greys,
nd Barr, entered the town, to the no lit-
ening rioters. The troops from Wed-

nesbury immediately took tie'p a position opposite Mr. Smith's
committee-room, in the High-street, that being next to the
Public-office, in which the magistrates usually preside. Ac-
land, on perceiving the military array in front, stepped upon
the balcony, and proceeded to address the assembly. Point-
ing to the troops, he observed that he was as much surprised
at their appearance as any elector in the borough could be;
but he exhorted the people to preserve the peace, as it was
the evident object of the tories to provoke them to break it.
This exhortation was received with loud cheers, and almost
immediately afterwards the troop in front retired, and took
up quarters in the Dragon-yard. The military force from
Barr took up a position in front of the George, and after-
wards at the New Inn, and their presence in the borough at
once inspired confidence amongst the electors.
The Liberals taunt Mr. Gladstone's magisterial friends
with bringing in the troops, without necessity, to serve the
cause of their candidate. It ought to be mentioned, how-
ever, that this step was taken with the consent of magistrates
of both parties, Mr. Cotterill, who proposed Mr. Smith,
being the gentleman whose name was signed to the order.
This is a sufficient answer to any charge of undue influence
brought against the Conservatives.