The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-08-17 00:00:00

TATTERSALL'S, MoNDAY.

ST, LEGER—The betting to-day was confined to a few
horses, but was not destitute of interest. Inn and Don John
were at the previous week's quotations, and not much sought
after. Lanercost was backed by several parties, and was a
pont or two better than before; Grey Momus was alto in
high force in influential quarters. The odds were !ikewise
taken rather freely about Appleton Lad, who rose a point or
two; the layers, however, were neither .-aree nor shy. Cob-
ham, although backed for a trifle at 14 to 1, was-obviously
out of favour: it was hinted that he is not up to the mark.
The other betting • does not-require observation. Closing
prices:—

7 to 2 against Colonel Peel's Inn (t 4to 1)
9to 2 „ Ld. Chesterfield's Dun John (t sto 1)
7to 1 „ Mr. Parkins's Lanercost (t Sto I)
10 to 1 „ Ld. G. Bentinck's Grey Morons (t freely)
12 to 1 „ Mr. Bowes's Appleton Lad (t)
12 to 1 „ Mr. Mr. H. Comnhes's Cobham (t)
18 to 1 „ Ld. Westminster's Albemarle (t 20 to 1)
25 to I „ Mr. Thompson's Talleyrand
33 to I „ Major Yarburgh's Easter (t)
40 to 1 „ Mr. Gascoigoe's Watchman (t) -
DERBY.
2000 even betted•on the field against twelve.
THE LATE GOODWOOD STAI(ES.—'I'he stakes are.withheld
from Mr. The()bald on the- .objection that Lnutherbourg is
five years old, one year more than stated in his nomination.
The matter is not yet decided.

Lonn SuFFnmo's .STUD. —The following horses,' part of
the above noblemaors racing establishment, were sold by
Messrs. Tattersall yeste'rday afternoon :—Cowboy. 4 yrs.46o
guineas; Bamboo, 3yr5.140; Sphynx.2 yrs.Bs;-EsPagnolle
with a colt foal by Glances, 41; Lunacy, 50; Specie, 40;
Zafra, 30; Galopade's dam, 50; Young Pipyline, 27; a Bay
Yearling Filly', by Camel out of Zafra, 21; a 13ev Yearling
Filly, by Mulatto out of Lensey, 20; Alan, 2 v 5.160; Alms,
2 yrs. 29; a Filly 4 yrs. by Gustiives out of Peggy. 45; Cal-
listo, 120; Georgians, 25; Albania, 91; Juliana, 54; Price
150.

The racing 'stud of the lato Duke of Leeds will be sold a.
Doncaster, on Wednesday in the race week, by Messrs.
Tattersall.

STEANI-SPEED LEGISLATION.—Lord Brougham, last even-
ing in the Hbuse of Lords, drew up art act of parliament,
writing the same on his knee!—the house being in a state of
" darkness visible"—endorsed it, presented it, moved its first
reading, gave notice of its second reading to-morrow, and a
further notice for the suspension or the standing orders so as
to enable its passing its remainder stages forthwith, in Ilia
short space of five minutes! The object of the bill is to amend
that clause in the imprisonment for debt bill, which enacts
that only 3s shall be payable on advertising insolvents' sci.e-
doles in Country newspapers, by increasing the aniiat!it.—
Morning Herald:

GLOUCESTER Mcstc.►r. FESTIVAL—The stewards of the
approaching musical festival are taking every pains to render
it the most attractive meeting ever witnessed in that city.
The very first talent in England, both vocal and instrumental.
has been engaged, with a power in the orchestra hitherto un-
precedented in that cathedral,—perhaps the best adapted to
music in the kingdom. A new plan has been devised for in-
creasing and improving the accommodation for refreshment
at the evening concerts, by flooring over the Crown Court to
a level with the galleries, and using it as a refreshment room;
thus avoiding the incou‘enience experienced on former occa-
sions of going up and down stairs, and through cold passages
to the county and city grand jury rooms, which will, on this
occasion, be furnished with every convenience, as cloak and
and shawl rooms. The performance are to be extended to four
days, and the whole will conclude with a grand fancy and full
dress ball and supper, for which Weippert's celebrated band
is expressly engaged.

LIVERPOOL ASSIZES.

CROWN COURT.-TUESDAY.

His LORDSHIP took his seat at nine o'clock.
CHARGE OF MURDER.
James Macklin, aged 2:3, Patrick Canning, 18, Edward.
Con (illy, 21, James Darning, IS, Marlin Murphy, 26, 'George
M'Carty, 19, and Patrick Morland, 20, were placed at the bar,
charged with having been concerned in causing the death of
William Horner Ross, late an inspector of police in thts town.
All the prisoners were dressed iu cleanly and decent, and some
of them in respectable attire.
The indictment stated, that James Macklin did on the
28th May last, cast and throw against the ground one William
.I.lorner—li4ss, .3,41 wita_a .large stick, heat him about tile_
head, sides, and back; and that Patrick Canning, Edward
(_1(inolly, James Durning, and Martin Murphy, did, while the
said William Horner Ross was on the ground, feloniol:sly
beat, strike, and kick h►m, giving to him thereby divers mor-
tal strokes, wounds; and contusions, whereof he languished
from the 28th of May to the 6th of June, when he died.
George M`Cartv and Patrick Modand were charged with
having been present, and aided and abetted the above named
prisoners.
•
The prisoners pleaded not guilty.
Mr. ARMSTRONG and Mr. RustiToN conducted the prose-
cution. Dr. 13nowNE, assisted by Mr. MURPHY, appeared
for all the prisoners but MA:arty ; the latter was defended by
Mr. WILKINS.

Mr. AI:3ISTRONG stated the case to the jury. This, he said,
notwithstanding his long experience in criminal courts. was
one.of the most painful and important cases in which he had
ever been engaged. The learned counsel then went on to de-
tail the leading facts of the case, after which he proceeded to
call his witnest,es.

George Wharton. an inspector of police, deposed that, on
28th May last, he went to a field near the tanneries in Tox-
teth-park, to prevent a tight of which he had received infor-
mation. The general effect of the testimony of this witness
is embodied in the evidence of the officers afterwards called.
It appeared that, in the course of the fray, he was knocked
down and severely injury. This -was not, however; until he
had seen the deceased, Itoss, knocked down and severely ill-
t rea :ed.

;James M`Quan, police-officer 70, stated, that he was on
duty in the Park-road on the 28thot May. William Horner
Ross and Cowan were there. He was called upon with them
to quell a disturbance in a field near Parliament-street. lle
saw there the prisoners Canning, Connolly, pruning, and
M`Carty. Ross told them to go away, and. they replied that
they were doing no harm. liesaid, If they did nut go away,
they Would ;etch a sufficient force to make them. Therowd
then returned further into the field, and Cowan was sent for
furrlfer assistance. A ring was foraged in Cowan's absence,
and two men stripped and commenced fighting. Ross walked
up to them and told them to.t stop fighting, and to go away.
Wharton and several other officers came up. They endea-
voured to dis;u'rse them. At first they seemed as if they
were going to aisperse: • One of the men who had been Light-
ing was taken into custody. As soon as he was taken into
custody, the men all turned upon the officers. Ross was
first attacked. The prisoner M'Carty said, "Come, go it."
Patrick Canning had a stick about IS inches long. Ilestruck
Ross twice owthe head,. his hat, being previously knocked off
in the scuffle. Connolly struck Ross- about the head and
shoulders with his fists. Canning struck him and knocked
him down. When he was on the ground, Murphy, Canning,,
Connolly, and Macklin continued to strike and kick hint. He
did not get up at all during the whole time. Had seen Can-
ning Wore,.but did not previously know the other men. He
saw the...other prisoners so well that he could say positively they
were the parties. Ile and his comrades attempted to rescue
Ross, but they were beaten off. Ross was then left surrounded
by the cross d.

'Cross-examined by Dr. BR9WNE.—Connolly, Durning,
and Murphy struck Boss before be fell. He was knocked
down about a minute from the eummencemeutof the striking,
and he (witness) conceived that it was the blow front Can-
ning that.knocked him down.

By the JUDGE.— Did not see any blow struck by Canning
with a stick after Ross was on the ground.
By Mr. Wit.kiNs, on behalf of IVlCarty.—The.prisoner
111`earty said, "Go it—come !" The crowd was quiet before
that, and he conceived that that was what set them on.
By the JUN:IE.—The ring was 'woken when M'Carty made
use of those words. It ass not when the ring was first 'formed
that he made the exclamation, but just after.. From the time
when the ring was first formed to the time when Ross was
knocked down, about two or three minutes elapsed. Had,
seen fights of this kind before. It was customary to have
sticks to keep the ring.
Thomas Threlfall, police officer 2°l, deposed That be was
on duty on the 28th May last in Mill-street, is the Park.
Charters, a constable, came to him, and in consequence of
what be said he and Charters proceeded to a field near the
tanneries. There was a great crowd of people: and they were
forming a ring by heating round with their sticks. Two men
were stripped, ma-king ready to fight. Witness saw Mr. Ross
there. Witness was just behind him as he walked into the
ring. He several times told them to deSist. The fighters
then made away. Ross, and witness, and two other officers
went after ofie of the fighters. They took him into custody.
The crowd immediately came after thent He had the man
in his charge. The moivd attacked-Ross, and knocked him
down. Witness saw Doming strike Ross with a square
piece of wood. It was a new Squared piece of timber, cut
away at the handle, about foutteen *inches long, and two
inches square. Witness bad seen the piece in his hand, and
told him to throw it aside. Darning struck Ross about the
shoulders. Connolly kicked Ross. He had a stick and a
rough piece of brick in his hand. Saw Canning also in the
crowd, and• George M'Carty. M'Carty did not do anything,
but he cried out, "Go on Witness waitripped; and When
he got tip he saw Ross upon the ground in a helpless condi-
tion. They retreated a few yards hack,- when sonic Other
officers came to their assistance. Tbe crowd then fell back.
He saw sonic persons carry Ross away but he did not know
who they were. •

Cross-examined by Dr. BROWNE.—About three rounds
had been fought when Ross went.
By Mr. WILK ixs.,---ltwas after Ross was knocked down
that he heatid M`Catty rail out.
Robert Ritchie was on duty on the 28th May, and went to
the tanneries with Whart,n and Fish. There was a crowd
of people, and two men stripped and fighting. One of these
two was taken into custuds by Wharton, and the other ran
away. When they pursued the fighter, about fifty or sixty
of the crowd came after them throwing bricks and stones.
The prisoners Canning, Connolly, Durning,
Murphy, and
Morland were in front. When these live came to the front,
they stopped two or three minutes, when -Macklin stepped
forward and got alongside of Ross. Some .one in the crowd
tatted-out,. Now, lads, go it!" M that moment some of
them, about 20 or 30, took staves out of their pockets. Mack-
lin, when he came forward to Rosa, laid his right arm across
the breast of the latter, and tiipped him over his knee, and
Ross fell to the ground. -When he was on the ground they
commenced beating him.. Witness was instantly pinioned
behind and knocked down. He was also cut in the head by
a blow. The crowd cried out, "'Kill the murder
them!" .Witness drew himself up on his hands..and knees,
and-saw -Ross, who was lying on the ground, with his hands
end kneeS draWn up as if to protect hiMSelf. There were
about si.e or Seven persons Over hint striking at him with
short sticks. :1.111155s was unable to identity any of the
party who were striking. He did -not recognise any person
after he was knockertdown.
William Cowan, officer 126, stated, that be went with 'toss
to the top of Hill-street, and he was sent by him into Parlia-
ment-street, to pass 'the word into the town for assistance.
He then went back and found the crowd near the tanneries,
attacking the -officers. He saw amongst the crowd Conbolly.
Murphy, and Dimling. Connolly had a stick
about IS inehes long, and in his hand a stone or brick. Wit-
ness saw him stnke Inspector Whartim. Murphy had a
stick-of the Same kind. When he saw the assistance coining
up he shouted, "stand boys!" Witness pursued Connolly.
He ran towards the edge of the pit. He either fell in, or
was knocked in. just before that he turned round and said
—"D— you, give you as much as I gave the captain."
Witness pursued and took Murphy, Witness bad no doubt
but by "captain" he meant Wharton, whom he bad just be-
fore struck.

Margaret Barwood stated that she resided in Copperas-
hill. On the 28th of May she was going into Parliament-
lane. In the field there was a crowd which increased while
she was there. Two men came into the field and stripped to
fight, and the crowd increased very much: She saw the pri-
soners Macklin and .Connolly there. She saw the officers
come up. The flzhters were parted for a time. She saw
Macklin put his arm across Ross's hreast and trip him. She
saw Connol►y throw him down and kick him most severely.
Macklin at first bad no stick, but after he had knocked Ross
dow❑ he produced a stick. He struck Ross several times on
the head with a stick. Connolly had a stick, and with this
be beat Ross on the head. One man who was beside Ross
when le was knocked down was thrown on his face. The
officers were beaten off, and Russ was left upon the ground
in a state of insensibility. He never got up after he was
knocked down by Macklin. He was carried away in a ver
contused state, and insensible.

By the Jui)GL.—She heard a man say that Inspector
Whartoo was ke9ci:ed down. This was after Ross was
knocked down,

Robert Bowerhank, officer 2eo, stated, that on the 29th of
May last he was on duty, and was sent for to the Park with
officer Cowan...Saw,.Wharton, and saw the men kick and
strike him.. Could not say who did it. Saw Charters
knocked down. Rushed in to assist the police, and was im-
mediately knocked down. Felt his head struck, and was
after that insensible.

Peter Baker stated, that he was a carter in the employ of
Daniel Chadwick:. On the 28th May'he was at his master's
stable, which joins the field near the tanneries. Witness
saw a crowd, and a man in the dress of a police-officer was
knocked down. The officer was in a falling attitude when
he first saw him, and he received a blow on the forehead
which felled hint to the grOund. He was kicked, and imire7
diately the crowd •o closed- about him that he could not see
what was done. The man who struck: the blow, to the best
of his belief, was Macklin. When he again got sight of the
policeman he was lying on his back with his knees drawn up.
Witness. went over to him when the crowd left him, and
found hint bloody and insensible. The crowd was in a riot-
ous state lower down the field. Witness endeavoured to
raise him up, but as the man was so helpless he was unable.
Witness called assistance, and :he and another person drag-
ged him into a toPewaik, where he slightly recovered. Wit-
ness asked if he should
.get him a bucket of
.water to wash
himself. He replied, "I would thank you to get me a car
and get me into the lane." Witness told the police and
:,everal other persons to come to the assistance of the man.
Peter Carrington, officer 125, stated that he knew the de-
ceased, who was an acting inspector of the police; and he
lodged with him. On the 29ib.of May he went to the Ink,
mary and saw hint. Witness produced the dress of the de-
ceased. The coat was much stained with blood.

J. -Nottingham, house-surgeon at the Infirmary,
stated that on the evening of the 2Sth of May, Ross was
brought to the. Infirmary. He was in a state of great agitai
tint), and in his (witness's) opinion . there was reason for it.
lie was much' bruised about the legs. and arms. Tne chief
injuries which he had received were contused wounds on the
scalp, which witness conceived to be of a dangerous charac-
ter. It was Monday ashen he_eptered,and on the Wednes-
day, dangerous symptoms came on. Erysipelas attacked the
edges of the contused wounds; that was a very common con
sequence of wounds of the scalp. The dangerous symptoms
increased in intensity, and on Monday he was attacked with
inflammation of the Grain. lie died on the following Wed-
nesday. In his opinion, death was caused by the injuries on
the scalp. The proximate cause of death was inflammation
of the. brain. The blows must have been violent, for the
scalp was divided, but the skull was not anywhere fractured.
There were five wounds, four of them considerable. Two
on the right side of the forehead, and three on the left.
This was the case for the prosecution. •
Dr. 13KowNF. addressed the jury in defence of those for
whom he was retained. lie called the attention of the jury
to the circumstance of Canning being the only person amongst
the' prisoners who had ever been known before by any of the
witnesses. Ile was known by M'Quan, who, he said, was
•cootradicted by all the other witnesses. confusion of
the time, be urged, would hiuder the parties present from
making very correct observations. He also pressed incon-
sideration the. very slight nature of the evidence against
Morland.

Mr. WILKINS addressed the jury on behalf of M'Carty.
Persons, he said, might be present at a scene of the descrip-
tion of which they had heard, with the bestintentions. They
might be there to quell a fight, or to prevent mischief. As to
the expression which had been used by M'Carty which one
witness said was 4• Go it, come!" and another said was "Go
on !" he conjured the jury to put the more merciful construc-
tion upon it, and to believe that he was speaking either to
the parties who were tootling away or to the policemen.
Several witnesses were called to speak to the characters of
the prisoners.
His LORDSHIP charged the jury very. impressively, re-
minding them of the very awful duty which he and they had
to perform. His lordship proceeded at some length, and with
great perspicuity, to point out the bearings of the law on the
case, and the thirerence between murder and mauslaughter.

After some remarks as to the- caution and deliberation with
which evidence as to identity ought to be weighed, his lord-
ship proceeded to read over the evidence, commenting very
minutely thereupon as he went on,
The jury requested permission to retire at a quarter-past
tiro o'clock. ['hey returned at half-past three o'clock, and
found the prisoners Macklin, Canning, Connolly, Burning,
Murphy, and M`Carty not guilty of murder, but guilty of
manslaughter. Morland they acquitted, The jury stated,
that they considered it -a very aggravated - case of man-
slaughter, but, having some doubts on their minds respect-
ing the murder, they gave the prisoners the benefit of thew.
His LORDSHIP having commented on the enormity of
the offence, said. it was necessary for him to pass a severe
sentence._ They had all been found guilty of manslaughter
under circumstances of great disorder and cruelty. They
had `attacked a defenceless Man, for when -Ross was'Abifii he
was defenceless. He was not a voluntary servant, but was
acting in the discharge a public duty, under which he was
compelled to interfere. His lordship distinctly said, that if
the verdict had been for murder, he would hsve selected one
for execution, and that one would have been Telacklin. His
lordship concluded by sentencing all the prisoners to trade-
portation for life.

CHARGE OF EMBEZZLEMENT.
John Corbett Peel, a fashionably-dressed and good-looking
young man, was placed at the bar, charged with having em-
bezzled certain monies, the property of the 'company of
proprietors of the Bank of Manchester. The indictment set
forth that the prisoner being employed as a clerk in the Bank
of Manchester, at which Mr. Burdekin was the chief officer,
did, on the 31st of May last, receive £1,038 Os. ,on ac-
count of the said Edward Burdekin, and embezzle hat and
kept the same • another count charged bins with stealing and
embezzling £300; another with stealing and embezzling £6O;
and a fourth with having stolen and embezzled a Bank of
England note for £300; a Bank of England note for £lOO,
100 sovereigns, 100 half-sovereigns, EX/ shillings, and 100
sixpences. '!'here were various other counts in the indict-
ment, setting forth the offence in various ways. -
Mr. Starkie and Mr. Dandas conducted the prosecution,
and Dr. Browne and Mr. Wilkins defended.
Mr. STaate IR, at some length, stated the case to the jury.
Mr. Thomas NlThittenburry Olivant stated that-he was a
director of the Bank of Manchester, In May last, the pri-
soner was a cashier on a salary. There were two other
cashiers, who were stationed at each end of the counter, the
prisoner's situation being in the middle. Each had a sepa-
rate desk, and separate drawers and tills. ' The cashier kept
a balance-book. The book produced was the money-hook of
Mr. Peel. This contained the items of cash which he had on
hand at the close of each day. it was his (witness's) duty
every week to examine the prisoner's accounts. It was the
cashier's duty, at the close of every day, to sum up his book
and to count the money that he bad in hand. When witness
examined the accounts, it was his duty to see the gold, notes,
silver, &e. all told, to convince hint that it was correct. The
cashier then put it into the box assigned to it, and carried it
into the safe. He was the accountant of the bank, and re-
sided on the premises. If money were paid into.the bank the
cashier ought to put it in the cash-book. If £lOO were paid
in £5O of which were gold and £5O paper, he would put the
gold into the drawer. He would then make a credit-ticket
for the whole amount, Ibld it in the notes, and put it in a
drawer for the purpose. The credit-tickets are collected by
the note copier, who also tickets the notes. He puts down
the copies of both tickets, as notes iu the copying note-book.
The copier keeps the notes until past bank • hours, when be
returns them to the same cashier. On. the 31st May, , went
and examined Mr. Peel's money and account, having ex-
amined it on the 17th May,.
,Witness went on the 24th May
last, did not see the prisouer. Witness on the 31st, found
him at his desk, with the not,i-book. Ile appeared to be
adding it up. He did not do so. Ile appeared extremely-
unwell, and complained of being in great pain. Witness
left him, saying, probably he would be better directly.. Wit-
ness was away about ten minutes or a quarter of an bons.
On his return the cash was still not made up, and the prisoner
was gone. Witness proceeded to make up the cash, and
he found it amount to £24,954 15s. Id. The amount of silver
receipts as found in the till as his receipts was £l4 16s. 9d.;
gold,-167 sovereigns • notes, £1,644 ss. That ought to have
been, if correct, all that be had received in the course of the
day. Seine entries were made by Mr. Burdekin, on the
night of the 31st. When he made the examination, he found
in a baud' 1,0(X) sovereigns a sovereign ton many. That
money which was found in the drawers was always carried to
the safe. The balance, on the 30th of May, £27,99235. 10d.
Some of the balances in the book had been altered since he
looked at them and found them right. There had been
erasures Loth in the amounts and in the columns.
Mr. E. Burdekin, manager of the Bank of Manchester,
having taken the money-book, said the items of the 30th of
May and the summing up were in the prisoner's hand writing,
£27,992. 3s. 10d., this ought to have been the sum of money
in his hand on the 35th. This agreed with the balance asshown
by the general cash-book-. The general cash-book had three
columns of E. s. d.: one for each cashier, and three separate
balances were struck in the evening. On the 31st of Mav the
balance was £25,994. 15s. Bd. by the general cash-book. 'Mr.
Olivant named the actual casli really iu hand in the prisoner's
department, and it was £24,951. The. 7d., which was afterwards
augmented by £2. This left a deficiency of £1,038. Os. ld.
There was no entry in their books or check note to denote
money paid by Wrigley and Co. on the 31st, but there was
the amount in their pass-boa. Each cashier had a drawer,
of which he kept the key. Mr. Burdekin here described the
course of business in a similar manner to Mr. Olivant. Mr.
Peel had been employed since 1831.
John Dounnette, c'opying clerk at the bank, stated, that it
was his duty to enter the prisoner's notes, of all descriptions.
He kept the note-book and the rough cash-book. This wit-
ness gave further particulars as to the course of business, and
proved that, on the 31st of May, there had been no note of
any amount for Wrigley and Co., and some other firm.
henry Worthington Collier stated that he kept the general
, cash-book. He showed that he had handed to the prisoner
accounts of his balance front time to time. He had not re-
ceived any account for Wrigley and Co., or for Bridge and
Co. on the 31st.

Richard Greenough stated, that he was one of the cashiers
of the bank. He,proved that at the time spoken of by the
complainant, when the prisoner complained of illness, he went
to the prisoner and offered to assist him. He said he was so
ill that he could•not make up the balance. He had taken out
his money, and laid it o❑ his desk. Witness advised him to
go home, and he did so. After the examination of his money,
witness went to his house at half-past seven, but be was not
at home. Witness want again at ten o'clock, when he was in,
and found him still complaining. Witness said he had conic
from Mr. Olivant to ask for some explanation respecting his
accounts; in which there was nearly a thousand pounds defi-
cient. He said it was devilish strange, it was right the night
before; but be hoped he should be better the next morning,
and he would be at the bank. He did not ever return to the
bank.

Cross-examined by Doctor BROWNE. Sometimes the
cashiers borrowed from each other where a particular deno-
mination of money was wanted. Ile remembered recently
to have borrowed two £5OO notes from Mr. Peel's cash, while
he was down weirs. Ile wanted large notes. Ile told Mr.
Peel, on hiS return, and the money was passed to Mr. Peel's
credit at night. RLsinembers a mistake Of £2,500 more than
the check having been paid out of the stamp-office account,
which is kept by tlieM, to Mr. Shuttleworth's cheek; that
was in the morning, and the money was brought back, and
the mistake discovered before the day was over.
Thomas Dance, a porter, proved that the prisoner's
money was in the same state when it was brought up on the
morning of the 31st, that it had been when it was carried
down on the preceding night.
James Wrigley proved the payment of £3OO on the 30th
of May, viz. a £2OO and £lOO Bank of England notes. Wit-
ness produced his pass-hook, with the entry in it.
James Mott proved the payment of £6O on the above
date, and its entry in the pass-book. The prisoner's hand-
writing to two letters was proved.
The post mark of the first was Loughborough, June 2d,
1833. It was e.ridressed to J. R.. Powles. Manchester.
It appeared that the prisoner had ridden from Manchester
to Loughborough, (79 miles,) in eight hours, resting only
one hour all the way. The letter stated that he had ridden
through a heavy rain, without the possibility of getting a
drop of comfort for the first 45 males, as he started at two
o!clock in the morning. He requested his friend to go to
Plymouth-villa, his residence, and take away whatever he
liked, as he would not wish those banking people to get a
single stick.
Sawley, a police-officer, of Manchester, stated, that he
went in pursuit of the prisomir, and found him at Amster-
dam. Ile at first refused to yield to the warrant, as he said
it did not extend to that country. •He then said he had not
taken so much money as was charged in the warrant.
Ultimately, Sawley took him into custody, and brought him
to England.

Mr. Burdekin stated that be saw the Trrisoner in the Man-
chester prison. He confessed to him, that he had embezzled
£2,250.

Dr. BRowNE arldressefl the jury in defence of the prisoner.
His lordship went minutely into a statement of the law re-
lating to larceny and embezzlement. applying it to the case
as he proceeded.

The.jury found the prisoner guilty of embezzlement, under
the second and third countF.
The Judge, in a feeling address, passed sentence of trans-
portation for seven year's.
The court adjourned at a quarter to eight o'clock.

NISI PRIUS COURT.—Turtstmr.
(Before Mr. Justice WILLIANts.)
STENVART V. SMITHET.

Mr. Alexander and Al r. iVigTit;an— appeared for the
plaintiff, and Mr. Cresswell and Mr. Watson fur the de-
fendant.

This was an action brought by the praintiff, who was a
steward on board the Shearwater gevenment steamer, plying
between Liverpool and Kingstown, against the defendant
Captain Smithet, for an alleged balance of wages and fees
due to him whilst acting as steward on board the Sbearwater.
It appeared for the plaintiff, that he had beer. engaged as
steward eight or nine years on board the Shearwater, and had
been in the habit of receiving £4O a year wages, and was to
find the captain in such eatables and drinkables as he might
require on board, and also to supply the second steward, the
stewardess, anti the cabin boy with victuals, he being allowed
to have the profit of the sale of such victuals and liqnors as
might be required by the passengers. Formerly it was the
custom, when the Shearwater was engaged by the Post-office-
and under its pay, for the captain to receive half-a-crown
from each passenger in addition to the passage money. But
on the boats being taken from the Post-office by the Ad-
miralty, this payment was ordered to be discontinued to the
captain, and an order to that effect was posted in the cabins
of the various government steamers, at the same time re-
commeneling, that a payment of 2s. 6d should be given to the.
steward for his care and attention to the passengers.' The
plaintiff eventually in October last left the employment of
the captain, anti took the Clarence Inn in Liverpool, and
his nephew took his situation as steward on board the
Shearwater. The nephew afterwards left the ship, and the
plaintiff then claimed the settlement of a balance of his
count from the captain, the defendant; and sent in his
It appeared, that after the order respecting the half-crown
fee from the Admiralty, the steward afterwards collected it
and handed the money over to the captain, it being contrary
to the general.orders of the government that any of their
officers should directly receive such fees. But it was Coil-
tended fur the defence that it could never be the intention of
government to take this emolument from its officer, the de-
fendant, and give it to his servant, the aggregate amount of
fees being £3OO or £4OO per annum, more than their officer
received as his pay as a lieutenant, and which would in fact
be paying the steward, his servant, a greater amount for
serving out porter and ale and brandy to pass'engers, than
was paid to the defendant, a gentleman of station and educa-
tion, and from whom was required to fill his station great
knowledge of navigation, and great courage to sail the vessel
in all weathers, and on whom the heavy responsibility of the
lives of the passengers and the value of the vessel rested.
This the counsel for the defendant contended would be ab-
surd, and it was an impudent attempt to extort money on
the part of the plaintiff. It appeared that on the strength of
this order stuck up in the cabins, the plaintiff thought he was
entitled to the fees, and was no longer bound by his engage-
ment to the captain; and, in the first account he handed in,
he made a kind of attempt to split. the difference, and
give the captain the• lion's share, charging for
self one shilling for each passenger, and paving the
wages of the second steward, stewardess and cabin-
boy, as a sort of setoff for the captain. After charging
for several items of provisions, geese, a quart of brandy, &c.,
furnished to the captain from on board, and giving the cap-
tain credit for £3O, received part of the head-money, he made
the defendant debtor him for £lB 10s. The captain refused
to pay this en the ground that the plaintiff had nothing what-
ever to do with the fees, and the plaintiff then made out an-
other account charging his wages and the wages of the second
steward, stewardess, and cabin-boy paid by him in addition
to the provisions, &c., giving credit to the captain for the
whole amount of fees received, making the balance due from
the captain £lB 17s. The captain refused to pay this on the
ground that he had paid the under-steward, the stewardess,
and the cabin-boy himself, and, therefore, the plaintiff had
no right to charge him with the amount of their wages. The

plaintiff then sent to the defendant an attorney's letter
through Messrs. Howard and Wiche, demanding immediate
payment of his account, and charging Captain Smithet, in
addition to .the provisions before named, with the whole
amount of the fees received, making his claim £79. This
Captain Smithet refused to pay, and the plaintiff brought his
action against him, but claimed in the record, in addition to
the whole of the fees, his wages, and the wages of the under-
steward, stewardess, and cabin-boy, for along period, making
this his fourth claim £l3O 13s. ld., for which sum the action
was brought. The learned counsel for the defence severely
commented on the nature of the claim, and said, it was pre-
posterous to imagine that Captain Smithet could have enter-
ed into such an engagement with his steward as to pay him
after this rate, and there was no evidence that he had done so.
The steward was no government officer; he was merely the
servant of the captain. The accounts were also put -in-settled
by the plaintiff, showing that he had been regularly paid his
wages, and the alone) had been given to him to pay the other
cabin servants, and that the plaintiff was £l4 in the captain's
debt.

His Lonostur proceeded to sum up, and spoke of the va,
riation in the plaintiff's demand, !citing alone the absence of
all proof that the captain bad agreed to give hint the fees, a
variation which bespoke of itself a want of accuracy, when
the jury stopped him, and sail, they had made their minds up,
and would not further trouble his lordship, and found a ver-
dict for the deftlidant.

BRYAN AND ANOTHER V. NIX.

This was an action brought for the recovery of £GS6 lOs.,
the value of a quantity of oats. It appeared that Messrs.
Bryan, Herd and Co., of Liverpool, were in the habit of re-
ceiving consignments of oats from Messrs. Tenpenny & Co.,
of Longford, in Ireland, and on the receipts of the bills of
lading were in the habit of accepting bills drawn on them by
Tenpenny and Co: for the value of the consignments. It ap-
peared that Messrs. Tenpenny were in the debt of Messrs.
Foster and Nix, of London. who, in February, sent down
their chief clerk, a Mr. Walker, to Longford, to endeavour
to obtain a settlement. Messrs. Tenpennv had
.a relative in
Dublin, who saw alter the transhipping of the oats from the
canal boats, which came from Liingfoid on board the vessels
which were to convey them to Liverpool; and it had been
customary, for greater expedition sake, to forward these canal
boat receipts of the cargoes of oats to Messrs. Bryan, Herd,
and Co., who had accepted for the consignment on their re-
ceipt. In February,. 1836, a consignment of oats was made
by Messrs. Tenpenny to Bryan. Herd, and co_ in the usual
course, and the canal boat receipts were forwarded, on which
Bryan, [-herd, and Co. accepted Tenpenny and Co's drafts
on the consignment to the amount of £656 lOs. On the ar-
rival of Messrs. Foster and Nix's clerk in Ireland; he seized
on these consigned,oats fur the debts. of. his. firm;, and the
plaintiffs having accepted bills on the receipt of the canal
boat receipts of this consignment for the amount, brought the
present action for the recoyet v of the amount from Foster
and Nix, the oats being then theirs, and not the property of
Messrs. Tenpenny. The defence was, that the canal boat
receipts were not of the sante nature as bills of lading, and
that, therefore, the consignment was not regular and com-
plete.
The jury found a verdict for the plaintiff, establishing the
canal boat receipts as of the sante nature as bills of lading.

HORSFAT L AND OTHERS 1% PIM AND ANOTHER

. .
Mr. Cresswell and Mr. Watson appeared for the plaintiff•,
and Mr. Alexander and Mr. - for the defendants:

This was an action brought •by Mr. Horsfall, Sir John
Tobin, and mans, other individuals carrying on business
under the firm of Forrester & Co., engine-makers, against
Messrs. Pita and Hutchinson, two of the directors of the St.
George's Steam-packet Company, for the balance of a debt
of £8,700, for the manufacture of a marine steam-engine for
the steam-packet Vulture belonging to that company. It
appeared that the plaintiffs originally contracted with the
Cork Steam-packet Company, in December, 183.5, to furnish.
them with a marine engine of a certai❑ description, for a
vessel building for that company by Mr. Russell, ship.
builder. Soon after, the Cork Steam-packet Company was
dissolved, and the St. George's Steam-packet Company en-
gaged with this Cork Steam-packet Company to take their
contract with Messrs. Forrester & Co. on the terms agreed
on with the latter firm. This was arranged between the two
Steam-packet Companies, and Messrs. Forrester & Co. were
notified of the arrangement, but still held the Cork Company
responsible under their first contract. The terms of payment
were one-half cash, to be paid in cash on the vompletion and
trial of the engines, and the other half to be.paid in bills at
six months. The engines were completed and the first half
payment was male, and afterwards one bill was accepted for
half the remainder, leaving the £2.200.dne to the plaintiffs
from the defendants. Ou the trial of the engines it was found
that the. paddle-shafts were placed too low, and in conse-
quence, when the vessel was loaded the paddles were too
tleep, and the engines could not work properly. On this
ground the defendants refused to pay the fourth quarter of
the debt, and also on the ground that it had cost them £7OO
to get the paddle-shaft raised to the proper water-line, and
£l4OO to get Hall's patent adapted to the engines, which was
ordered, but which the plaintiffs had refused to adapt to them
in the process of the manufacture. It was acknowledged by
the defendants that the engines in themselves were as good
as could be. In reply to this, the plaintiffs urged that the
fault of the engine-shaft being. placed too low was not to be
attributed to them, but was the fault of the ship-builder. It
was the duty of the ship-builder to furnish them with sections
showing the water-lines of the vessel. whe❑ light and when
loaded, and to inform them of the draught of the vessel.
This was not the engine-maker's business, and he knew no-
thing about the draught of the vessel other than he was in-
formed by the sections of the ship furnished to him by the
ship-builder. Messrs. Russell had furnished the plaintiffs
with sections of two vessels, the Clonmel and the Vulture,
building by them. In the section of the Clonmel, the water;
lines were inserted showing the draught of the vessel when
loaded and light, but not in the section of the Vulture; but
Mr. Forrester was informed by Mr. Russell, jun., that the
Vulture would draw'a foot less than the Clonmel, which
would give the Vulture a draught of water of 8 feet when
light. and 10 ft. 3 in. when loaded ; whereas, when tried, the
Vulture when loaded drew 15 feet—five feet more than the
section directed the engine-makers. The plaintiffs made the
engine according to the section, and of course the paddles
were too deep by the half 4.5 feet. Afterwards the paddles
were 'raised 21 feet, at an expense of £7OO, which it was
attempted to charge on the plaintiffs, as being owing to their
fault. As to the second point, of refusing to adopt Hall's
patent, when the plaintiffs were told to do so, i❑ July, 1836,
the engines were too far advanced, to make any difference in
the, original contract plan.
The jury found a verdict for the plaintiffs—damages,
£2,274; the amount of the remaining bill due, with interest.
The.court adjourned at seven o'clock.

CROWN. COURT.—WEDNESDAY.
Ilis Lordship took his sent at five minutes before nine
o'clock.

CDARGE OF MURDER.

William Hodge, aged 25, was charged with the wilful mur-
der of Mary Moore, at Withington, on the 19th of June last.
The indictment charged the prisoner with having, with a
certain hedge-stake, beaten and wounded the deceased, and
the second count charged him with having beaten her with a
certain blunt instrument.

The prisoner is a strong, well-built, and tolerably good-
looking young man. He was dressed in a blue .coat, bar agatt
vest; st►iped fustian tron•sers, blue shirt, and cotton handker-
chief. He presented himself at the bar with an appearance
of great firmness. There was, however, anabruptness about
his manner that gave indication of his firmness being assu-
med. He pleaded not guilty.
Mr. STA lIKIE and Mr. BRANDT appeared for the prosecu-
tion. Mr. WILK INS and Mr. Por.Locx for the defence.

Mr. STARKTE stated the case to the jury, to whom a plan
of the road between Manchester and Houghsend was pro-
vided. Mr. S. pointed out to the jury the several places as
indicated thereupon which he had occasion to mention. The
learned gentleman entered into minute details of the circum-
stances which were to he brought for Ward in evidence. '
Joseph Moore stated that the deceased Mary Moore was
his wife. She was ‘IS years of age, and was in the service of
Mrs. Charlton. She attended the Manchester market with
the garden produce of Mrs. Chornon. She set off to market
on the 19th of June, at half-past six in the morning, and he
never saw her again till she was brought home on the next
night a corpse. She had on a market-pocket, in which she
kept the money which she received for produCe. She put
the money in loose. She had also a private pocket of her
own, in which she had money of her own, which was safe
when her body was brought home. She usually went to Mrs.
Chorlton to pay her money before she came home. She had
on a black straw-bonnet. She was in the habit of wearing
flannel round her head.

By Mr. WILKINs. —Witness knew the place where the
occurrence took place. Any one, from the windows of his
witness's house, could see the spot. The house of Mr. Wood,
a constable, was in that lane, and there was an end window
to Mr. Wood's house, from which the spot could be seen. It
could also be seen from a neighbouring farm-yard. Moss-
lane was a public road to Manchester.
Thos. Hooley, a seSvant to Mrs. Chor!ton. stated that he
went with the cart to the market on the 19th of June, with
Mrs. Moore. He saw her at market, and saw her receive
'copper and silver money there. She put the money in a
pocket under her apron. She sold .all the produce by eleven
o'clock in the morning. Witness parted with her, and she
told him she viould go to the end of Tibb,street. Ile took
the cart past the end of Tibb-street, but he cOuld not see her.
He got home betwixt twelve and one o'clock.
Cross-examined by Mr. Wax INS—She might receive one
or two shillings in copper• in the market.
Lydia Hodgson stated that she lived at No. 6, Lower
Brook-street, Chorhon. She saw Mrs. Moore about eight
o'clock on the morning of the 19th June, at market. She
saw her receive silver and copper money—half-crowns, shil-
lings, and sixpences. She called at her house before she
went home, and remained about an hour. Witneis paid her
a half-crown—two shillings and one sixpence, and fourpence
in copper. She put it in her pocket under her apron. This-
pocket she called her master's pocket. She set off in the
direction of home. She had a reticule basket and two jugs,
which she brought from her•.

Cross-examii;ed by 11.11:‘VILICI NS.— Mrs. Moore had some
copper, but not much.
James Mee stated that he lived in Moss-lane. Ile had
'known Mrs. Moore twenty years. He saw her last on the.
19th of June, in hisishippon, at two o'clock. by his watch,
which was, however, twenty minutes too fast. Witness walked
outdown the lane a little, and was soon overtaken by Mary
Moore; he addressed her, and she replied. He asked how.
the market had been, and she said " very fair." She told
him that gooseberries had been selling at 3d. per quart.
They walked a little together, and then she bade him "good
bye." He saw her for a short distance, but not far. It was
just before she would arrive at a pond that he lost sight of her..
By Mr. WI LK IN S. ---I r the deceased had not been murdered
lie.thought she would have arrived at Mrs. ekorlton's about
two o'clock in the day.

Lydia Hodgson recalled and examined the
She saw deceased a quarter before one, and she was perfectly
sober.

Johnßoundritts said the deceased was his sister-in-law.
On Wednesday evening, the 2jth June, he went to search.
for the deceased. He sought in Eason's field, where there
is a pit. The grass was trampled down about the pit side,
and on searching a. ditch, which runs from the pit, he found
the deceased. She was lying in the water, which was level
with her top coat. Her knees were first taken hold of. She
seemed to have been very touch struck ou the side of her
head with some instrument. Her bonnet and cap were hang-
ing at the back side of her neck. There was a private foot-
path through the field, which was about 500 yards from Mrs.
Chorlton's.

By Mr. WILKINS.—IIe first began to search about seven
o'clock in the evening. Searched first in Mr. Wood's field,
adjoining. He was accompanied by Mr. Wood's son, a con-
stable. The body was found about nine o'clock. About the
pit was much trampled in several places,-and it " looked like
enough" that several persons had bee❑ there. Could not
perceive that they had got in anywhere but through the gate-
steads. It did not seem as if a heavy body bad been dragged
through the long grass. The path through. the field was
sometimes used on trespass as a footpath to Chortton's, but it
would not be the road to her house.

Re-examined by /Qr. STA RK LE.—Tre thou,lit something
had been put i❑ the pit. because, at the near,st point to the
footpath, the grass was trampled and disturbed. There had
been grappling in that and other pits during the day. The
body could not have floated front the place where he thought
something had been pushed in, to the place whereit was
found in the ditch.

William Lee stated that he was in the service of Mrs.
Chorlton. He searched for the body of Mrs. Moore, and
whenlfound, she had her market pocket on, under the apron,
but there was no money in it. She had her private pocket
on. It appeared that in this pocket were all the money and
things which she had when she left borne.
By Mr. WILKINS.—IIe was in that lane from ten o'clock
to a quarter past twelve in the morning. He saw some
strange men there. They were pitching and tossing for above
an hour, and he left them there. They were close to the
turning_ to Mrs. Chorlton's.
By. Mr. STARKIE.—Does not know the names of those
men, but has seen them since. They were before the coroner.
Mary Baynly stated that she saw the body at the gate when

it was brought out of the field, she accompanied it home,
and saw it again at eight o'clock next morning. She assisted
to lay it out. There was under the cap the flannel which she
wore. :.he washed theittand delivered them to the consta-
ble. There were on the bonnet and cap mire and green
weeds. There were two holes in the cap,-on the right side
opposite the wound on her head. There was a hole in the
flannel opposite a wound cri the top of the head. Her clothes
were all wet. Her left baud was straight down by her side,
and it was grasped full or grass. Her right hand was raised
upitearlier ear. The list was clenched.

Cross-examined by Mr. WiLxlNs:--There were four men
engaged in carrying the body.
Samuel Dale stated, that on Wednesday, the 20th June,
about one o'clock in the afternoon, he went to fish in a pit
in Withington. Ile found a reticule-basket at the bottom of
a field near the hedge; - That was the field where the body
was found, and from that spot, the place where he found the
reticule, was distant about twenty yards. In the basket wits
a can about half full of treacle, some tobacco, ginger, pieces
of check, two small jugs, and some tape. The check was wrap-
ped in blue thick paper. lie took the basket to the office of
Mr. Allcock, the deputy-constable, and left it there..
By Mr. WILKINS.—There is a little footpath runs across
the field to the pit side.- The handle of one jug was broken
off. The paper of the tobacco was a little wet when lying
there. The check was made into a parcel ; some of the treacle
was upset. The lid of the treacle can was. On.
By the JUDGE.—The reticule could not. have been thrown
there from the footpath.
John Chorlton stated that he was fhe son of Mrs. Chorlton.
Mrs. Moore took to the market produce which ought to have
realized from £3 to £3 10s.. She usually-Came (Elect to their
house. Witness knew the prisoner at the bar Ile had worked
for them, and left them about a month before.- De had worked
about two months in the garden.
By Mr. WILK:NS.—There were about 30 servants on their
farm.• The prisoner called at their house on the day he was
taken into custody, which was some time -after the murder.
The coroner's inquest was sitting on that day, and the circum-
stance was the talk of the neighbourhood. Ile had been sent
for by witness to go and work.
Ilv Mr. STA nKlu.—Witness sent for him at the instigation
of Beswick, the constable.

By the JuDGE.--The prisoner knew that they and Mr.
Wood employed many people near the spot,
.41.1inor Beuion stated that Mrs. A;our who was cousin to
her mother. She (witness) recollected when the liody was
found. Saw the prisoner on the day the murder nas com-
mitted. It was beside Mr. Brooks's new road. Shp had a
basket, and he requested her to let him carry it.
The prisoner here exclaimed—=" I never saw you on that
day at all."
Witnesi.—" You did—you know you did."
Prisoner.—" You are a liar."

Witness went quit, ;;N:t hat she had known the prisoner be-
fore. Ile pressed her repeatedly to let him carry ber basket,
but she refused, telling him that it was no weight. They patted
at Mr Brooks' toll-gate, and he went alon,, Moss•slde-lane.
She first met him at one o'clock by Mr. l'Zley's bell. She
parted with him at the corner of Moss-lane. It was about
twenty minutes past one when she left him. She had with
her a child about eighteen months old. She walked with him
about half a mile. Had known him 14 or 15 years.
Bt' Mr. WILKINs.-.--Iler husband wasvoi king at that time '
at Mr. John Cookson's. She had come direct from Manch-el.'
ter. She left home at nine o'clock for Manchester. Her
house was at Chorltou. Witness knew a peron named John
Baggerly. She did notsee him that day. Sue was some time
since the stewardess of a club, and was turned out for fraud.
She had since paid part of the money hack agasll. She had
not been intoxicated since she had been in Liverpool, and was
not in the habit of fretting. intoxicated. Site. got back to Charl-
ton about half-past two o'clock..

By the Junte.—She was about two guineas deficient in'
her club accounts, and she had paid hack 225.
William Morgan stated that on Tuesday, the 19th Juste, he
was in Moss-lane from one o'clock to half-past. Saw the pri-
soner. in Moss,laue, between Mr. Wood's house and the road
to Mrs. Chorlton's. Witness met Mtn. lie was going in that
direction. Witness turned his head, and saw him going into
the field. Ile was three or four yards in the field. It was the
next field to where the corpse was found. Witness had seen-
him three or four times before.
Cross examined by Mr. WILLIAMS.—Resided in Ilar-
greaves-street, Huln-le, near Manchester. lied resided there
about four months. Works as a navigator or farm-servant.
Had been employed in various places. Had been before a
magistrate as a witness, but not in any other way. Was in
Moss-lane about ten o'clock. Went round through Stretford
and back, up Mrs. Chorlton's lane, about half-past 1 o'clock.
When he was there in the morning, he met 'several people in
the lane. When he came back he met no One but the in i-
soner. Ile was twice before the coroner, and he told hint
that he met four men in the morning. The four men told
him that they were looking after a job or mowing, and they
were going towards Mrs. Chorlton's. Did not say to any one
that he saw no person in the lane but the four men.
Chas. Kenyon stated that he was a gardener in Mrs. Chorl-
ton's service. He was there when the prisoner Hodge
worked for her. He left the service. Before he left, one day
he said to witness, •` Charles, this garden of yours makes a
deal of money in the summer time." Witness said, "It
does." Ile said, "Which way does Mary Moore come home
—does she come over the fields, or (lowa the lane ?"
(witness) said, "She chiefly Comes dos-n the lane." He
said, "Is she late or soon when she comes—does she always
bring the money with her home ?" Witness said she did,
and she never was late since he knew her. - Witness said,
" What snakes thee to ask that ?" He (the prisoner) said.
" It's meets nn one 'sirs her." Witness said, " Nips her!"
Ile replied, "They can't do that, she comes home too soon."
Cross-examined by Mr. WILK INS.—Knows a man named
Renshaw. The pi isoker never made any mischief between
witness and Renshaw, but he told Renshaw that he (witness)
was the greatest liar upon earth Wituess never threatened
to kick him. Would not swear that he did not. The wit-
ness was then cross-examined as to the precise expressions
.which he bed used, which were re-stated as above. Ile said
he had stated the seine before ripe coroner. The depositions
were put in and read. He had not stated, accordiug to the
deposition, that he exclaimed "Nips her !" and that the pri-
soner explained that it meant taking her monev.
Edward Jacques stated that he worked at Mr. Cotterill's
rope-walk in or between Hahne and the New-road.
On the other side was the Chester road. Remembered Tues-
day, the 19th June. On that day he saw the prisoner coming
from the Huline and Stretford road towards the rope,walk.
He was coining down by the bridge. These was a pit in the
field. Ile looked about hint as if to see if any one were look-
ing. When he got to the bottom of the hedge, he took some-
thing out of his pocket, and began to wrap it in something
blue. He got over the ,!Tap of the hedge into Townsfield.
lie put his hand into the bottom of the hedge two or three
times. He returned over the gap into the other field. lie
passed the rope-walk, and went into Mr. Shepherd's beer
shop. at the corner of Chester-street. Witness was iu a shed
at the end of the rope-walk, where the prisoner could not see
him. Witness saw the prisoner again at seven o'clock next
morning. He went to the gap that he had been in the day
before. Witness called nut, " What brings you there?' and
he stepped back iinmediatel.e. Ile went towards the Stret-
ford new road, and witness followed him. Witness islet hint
again at the other side of the hedge in Townsfield. Witness
said, " What brings you there—you are tresapaising ?" Ile
requested to be allowed to go to the bottom of the field, but
witness would tint let hitn.- lie said, "I'll go hark." Wit-
ness went back the other way; and hearing somethieg from
tan other men, he went into the field, and found the prisoner
behind the hedge again. - lie was creeping on his hands and
knees, with his list off, about a dozen yards from the gap.
Witness said, "What! you're here again?" lie jumped up,
and looked afraid, saying' " Well ; conic no more." Ott
Tuesday: witness saw him put a piece of blue paper in his
mouth as he passed. It was about as big as a man's hand.
When he retained over the field he had it tint. A piece of
paper which he saw in the hands. of Alcock, the constable,
was like it.

Cross-examined by Mr. Wit.x INS.—The field is sometimes
made use of as a cricket-field. S:tw the prisoner about file
o'clock on Tuesday.

Joshua Kitson, tlititlier tvorkman at Cotterill's rope-walk,
spoke to the fact of the last witness having pointed out Hodge
(the prisoner) to him on the 19th of June last, when he (the
prisoner) w•as standing in the gap of the hedge. The state-
ments of this witness were generally- corroborative of those
of the lest witness.

Henry Ford, another workman at the ropery, gave similar
testimony to the last witness.

Edward Sweatman stated that, on the 20th June last, he
was at the hedge above alluded to. lie found a parcel con-
taining eight half-crowns, a five-shilling piece, and twenty
shillings in sixpences and shillings. They were both wrapped
up in pieces of blue check. Witness went to search in con-
sequence of what Ititson had told him.

Cross-examined by Mr. WILKINS.—He (witness) had
spent the money. lie had given some drink to sore of the
men attba- ropery. lie had spent the money principally in
clothes. He could not remember exactly is at he gave for
them, but it was about £l. 16, lie showed die money to
Wiliiam Kitson, who was with-bim when he found the last
parcel. He did not claim a share of the money.
The JunGu told the witness that the next time he found
money he was to remember that it was dishonest to appro-
priate it to his own use.

• Cyrus Allcock, depute-constable of Hulme,-stated that the
hedge was pointed out to him, and near the spot where the
money was found an officer picked up a piece of blue paper.
He compared it with paper taken from the basket. Witness
produced a piece of check cloth. He had compared that
with a piece of check given to him by another officer. Wit-
ness produced several pieces of torn blue paper, which ap-
peared to be portions of a sheet of paper which had been
used originally as the wrapper of a ream of paper. [His
Lordship tried to fit the pieces together. Those pieces which
had been used to wrap the • parcel in the basket fitted; but
the piece found in the field would not fit at all.]
Richard Keswick stated that he was one of the constables
of Manchester. lie searched for the prisoner on the Friday
following the murder, but did not meet With hint till the 29th,
when he took him at Chorlton's house. Wittiest., when he
took hint, told him what he was taking him for, cautioning
hint. Witness showed him the spot where Mary Illoore's
body was found, and he replied that be was pot in that
neighbourhood at all on the nay in question, and if be
(Resnick) thought he (the prisoner) had committed the
murder he was devilishly mistaken. This was ahem a mile
and a half from the place where the money was found. Wit-
ness took him past the latter place, and he said he never was
there in his life, and denied having secreted any money
there.

Richard Green, a police-officer, of Manchester, stated that
prisoner having toll him where he lodged, he went there,
and found a handkerchief, or piece of check. He bad com-
pared it with the piece in which the money was folded. It
corresponded exactly in pattern, and the witness was of opi-
nion that it corresponded, as if torn off. [His Lordship was
not so well satisfied of the latter fact, and all that he would
allow was that it corresponded in pattern•]
Bridget Allen stated that she lived in Tailor's•court, Ox-
ford-road. The prisoner had lodged with her about three
months. The prisoner went out on Tuesday, the 19th, about
eight or nine o'clock, he returned between three and four
o'clock. It was past the usual dinner hour, and he said he
would go to the Cotton Tree and have' a glass. He went,
and was back before four o'clock. He was in the house at
five o'clock, and he went out before seven. He did not come
home before two o'clock. • He had paid regularly for his
lodgings while he was employed, but he had not paid for A
month, having been out of employment. The handkerchief
which Green found belonged to the prisoner. On the Wed-
nesday or Thursday she remarked that he had had his
whiskers taken off.

By Mr. WILKINS.—The prisoner owed her 10s. 6d., and
she had not yet received it. He was generally very regular
and well-behaved. His whiskers and hair were only Cut
shorter. He had previously said that the barber had cut hi"
hair so short, that he would have his whiskers cut to match.
When he returned on Tuesday, he might be a little elevated
with a glass or two; but he was no way disordered. She
told him that Mrs. Chorlton had sent tot him to go to work,
and had promised him advanced wages. He repel he
thought he should tire them before he should be tired.
Thotwts Wood. constable of Withiogion, stated that he
resided in Moss-hine. On the 21st of June he found a piece
of wood, a hedge-stake, in his field. Ile found in one of the
fences a piece which corresponded with it.
Cross-examined by Mr. WILKINS.—[II another field by
the brook's side a dirty shirt and a pair of cotton stockie.g!
were found. A pair of pattens also were found in his field'
about twelve yards from where the body lay. They were, a
)
pair of clog pat tens, and were sent by one of his (witeetts_s,
men to Joseph Morris, under the supposition that they wer
the property of the deceased.
Thomas Iloothbv a little boy, aged about eleven year''
that Allcock' had brought a basket to the itelice-'eweh-,,
Mr. Hollier, surgeon, stated that on Friday, June Iher
examined the body of the deceased, and he attributed
ide.
death to an extensive fracture-of the skull, on the right 'jure
It was sufficient to produce death instantly. The frecv'ere
was at the back of the head, on the right side. There ‘„el
two lacerated wounds of the scalp. The cap and- fiat'..l4;vi
had corresponding holes. A person receiving such!, aG,
would fall without being able to make any oit;crys*-! •

count for the, grass in the hand, there must have been a
struggle before that blow was given. There was grass on
the side- of the road. The fracture was so extensive, that
the bones•of the skull were driven into the brain.

The can and flannel were produced. Allcock, being re-
called, said the blue paper was torn when he received it.
This was the ease for the prosecution.
Mr. WILKINS addressed the jury for the defence in an
energetic speech of some length. He pointed out to the
jury what he conceived to be the culpable negligence of the
prosecutor, in not bringing forward the bonnet, pattene, and
shirt and stockings. He remarked on the various places in
which the basket, patteus, and body were found, in opposite
directions ; and inferred that it would have been a work of
time so to place the things, or that there must have been a
numler of hands employed in the murder. As a further
proof of this, he remarked on the trampled state of the grass
about the pond. He urged upon the attention of the jury,
the character of the witness Benion, and said he should call
a witness of repute to contradict her statement. Everything,
he said, seemed to corroborate this opinion, there having
beets seen four strange men there during the whole morning.
The learned gentleman concluded his address with an elo-
quent appeal to the feelings of the jury. He then proceeded
to call his witnesses.

James 'Taylor and a man named Brown were called. The
witness Morgan was called. He. could not say whether he
had ever seen them before or not. He Could not swear that
he (lid see other persons ill the lane. He went to see the
piece where the bydy was found. Witness afterwards went
over to the inquest. Ilodge was taken into custody that day.
He fell into company with Morgan, and he asked him if he
`dw any young man or any person loitering about,' except
the four men, And he said "No," he met none but the four
Poor fellows in the lane, and they were looking for work, like
himself:
Mr. Hobert Brownson stated that he was a traveller, and
resided at Hubrie. He and the last witness fell into company
with Morgan, as stated by the last witness. Morgan said he
had not seen any but the -four men.
John Bagguny stated that he was Mr. Shakspeare
iirdener. He was at Chorl;on on !lie 19th July. He saw
-Bliinor Benin!' ahonttwentv-five minutes past twelve o'clock.
She had a child and a basket, and she said she was going to
Manchester; but she had to call upon her husband at Cook-
ton's farm, which was a Mile off.
Mrs. Shepherd stated that she kept a beer-shop near the
roper)'. At live o'clock on the Tuesday night, stated as that
of the murder, the prisoner at the bar was not at her house.
Mr. STA ha itz replied at some 'leugth, remarking on the
points raised by Mr. 'Wilkins.
The Learned Jun Git recalled Mr. J. Chorlton. lie stated,
in reply to his lordsnip, that no four men came to him that
day to ask for mowing.
His Lottusuir, in his address to the jury, said the question
for their consideration was whether the prisoner was the titan
who had caused t Ire death of TA y Moore. Whoever had coin-
nutted it, there was no doubt that if she had met her death
by violence, the crime was murder. He cautioned the jury
particularly against giving way. to that propensity of the
lionum mind which has a tendency to wake Men feel pleasure
when they can by ingenuity make circumstances tit and har-
monize with each other.' Thus, if they could only see that
twhewirneoney which the prisoner had hidden was Mrs. Moore's
not every circumstance would harmonize. But they must
ticienctw, "Pou their imagination for the supply of this de-
thec upoq tile evidence. Upon the circumstance of
"f blue paper seen in the isinier's mouth, his lord-
s,) n said he rested no 'weight at an. It was, proved, he said,
that the pareel,in the
.basket was folded in blue paper, which
was of a tem ure -common enough.
the parcel had been The, hypothesis was that
n unfolded piece of paper torn otT, and
the parcel bolded up • • a it the jury •f that was
probable. The again. He put to
Pali" was presented to them in a tote state;
but if the piece or
Paper had fitted any of those
produced pieces, it would have been a strong circumstance. But such
was not the case.
The jury "Ps"'" togetheruraf few minutes, and returned
a verdict of Not Guilty. •
-
The case occupied the court till six o'clock, when the court
aGjourned.

NISI PRIUS couRT.—WEDNESDAY.
Ilis lordship (Before Mr. Justice Williams.)
took his seat at nine o'clock.

wATsori AND OTHERS V. stonT.
Mr. Wighttnan and Mr. Alexander appeared for the plain-
:ill's, and Mr. Cresswell and Mr. Henderson fur the defen-
dant.

This was an action brought by the plaintiffs, who are brass
and iron-founders at St.-Helen's to iecover from the defen-
dant, who carries on a branch of the Herculaneum Pottery
ut Eceleiton, between £5OO and £6OO, the value of a steam-
"ffine snd machinery. It appeared that the plaintiffs sold
1" the defendant a secondhand engine, which had formerly
been used at a colliery, for £220, the engine being of 8 horse
Powq- The engine was purchased by the defendant for the
I"lrfmse of grinding flints, and turned out to be inefficient.
But it was contended by the plaintiffs that the reason of its
inefficiency was because it was overworked, and was put to
do what would require the power of a 16-horse engine. They
tmtended that the engine was au exceedingly good one, and
W 55 in reality a 6-horse power engine, though capable of
%9rking 10.h6rse power. The defendant's counsel contend-
ed that the engine was a bad one, and not capable of per-
Zning the work which an engine of its power ought to do;
a-e',.t. Went very badly, and did not perform the work for
represent
"it was bought, and which, if a good one which it was
the der !-(-- to be, it ought to have dune. For this rt. son
9lilant refused to pay for it.
I,,l`.",,tJury found a verdict -for the plaintiffs—damages, £560
"'

DOE V. CORICY AND ANOTHER.
Al
113 Was au action of ejectment, brought by the
is. Mary Alice Wilson, Mr. Brown, and Mr. Blakeson,
reco
Ver possession of two small houses at Manchester.
piernises had been mortgaged, and there had been some
le4aldifricully t r ihe mortgagee in getting possession ur them.
and during the interval which th,s occupied the defendants
had paid no rent, and now refused either to pay rent or leave
the premises, saying they had occupied them so long without
Paying anybody any rent, that they had as good a right to
them as any person. No substantial defence was offered.
The jury found a verdict for the plaintiff; his LORDSHIP
remarking, that the jury adjudged the defendants to be but
squatters," they having paid no rent.

COLTON V. LOGAN ANt) ANOTHER.
This was an action brouklit by Mr. William Butterfield
Colton, wine-merchant. of Liverpool, to recover front Mr.
James Logan. and Mr. Francis Ileslop the amount of nearly
12100. advanced by hitn for wines. It appeared that Logan
and Reship formerly carried on bustne,s together, and in
the years 183-1 and 18.35 -sold to •the plaintiff a quantity of
wine, under certain conditions, for about 1600, engaging to
receive two acceptances at six months in payment, and to
protect the plaintiff from aril: cash payment; that is, if the
plaintiff had not sold sufficient of the wine to meet the bills,
they (the defendants) would make up the difference. The
plaintiff did not sell sufficier:t of the wine to meet the bills;
but meantime the defendants bad dissolved partnership, and
one partner was in difficulties, and the other had no cash
belonging the old concern toadvance to meet the acceptances
coining due, obliging the plaintiff at great inconvenience to
himself to provide near £4OO out of Ins business capital to
meet them. The wines yet remained unguld, and the action
was brought to recover from the defendants the amount of a
renewed bill for £3ll 1.95. Btl., a'partof the original payment
on.account of the wine._.

The jury found a verdict for the plaintiff—damages, £3ll
19e. Bd.

The court adjourned at six o'clock

CROWN COURT.—TuuhsDAY

His Lottlshii) took his seat a few minutes before 9 o'clock.
• . CHARGE OF MURDER.
Jame: Highams„aged 3t) was ehargeil with haying mur-
dered l'hontas Halligan, in this town, in the mouth of July
last.

Mr. Armstrong and Mr. Doyle conducted the prosecution,
anti Mr. Murphy the defence.
Mr. ARMSTRONG minutely detailed the circumstances of
the case to the jury.
John Colburne stated that on the Llth of July he came
ever from Egremont, where he resided, and after attending
to some business he went to a tavern at the corner of Nailor-
street. After they had drunk seine ale they were turned out
of the house at twelve o'clock. The deceased, Thomas Hal-
ligan, was of the party. Witness turned aside fur some pur-
pose, and while he was thus turned the prisoner advanced
across Vauxhall-road, and going up to the deceased, said
" Are you the same mite you were?" The deceased replied,
"1 alt." Presently after, witness heard the deceased cry
out, ." Oh, Lord God, I am stabbed !" Witness ran after
the prisoner, and attetopted to seize hint. The prisoner
freed himself, and told him that he would serve him the same
as he had served the other. Witness tripped him and threw
him down. A scuffle enused, and he felt a touch on his arm.
A female was at hand, called out "Oh, James Highatos,
you have killed the man." The prisoner ran away and es-
caped up a court in Nailor-street. Witness aftet yr ards dis;
covered that he was stabbed in the strut. Ile secured the girl,
and kept her by the arm fur some time. At length he wept
after the deceased, who had been taken to the iutirmarv.
Being faint with loss of blood he was taken into the Intirnmarv, and had his wound dressed.
Patrick Mantle, who was also of the party at the tavern
where the•deceased was, corroborated part of the above testi-
mony. The evidence differed, however, very much, as he
stated that he saw the deceased in the middle of Vauxhall-
road hold of a man in a white jacket. Witness went towards
them, but they had separated before he got to them, and the
man in the white jacket ran away, pursued by Colburne.
Witness also ran away after hint and kicked him as he lay on
the ground, lie then returned to the deceased, who was
just falling. Witness did not know before that the deceased
had been stabbed.
His LonnsniP.—"Now Leannot see why you kicked that
man. There was one man dealing with him, and he was on
the ground. It was very barbarous to kick a man under
such circumstances."
'The witness proceeded to say that he returned to the de-
ceased, and found him. bleeding profusely. He asked him who stabbed hint, but he was unable to articulate intelligibly
and witness could not hear what be said.
Mary Ann Sweeny stated that she had known the prisoner
eighteen months. She was at the eorner of Nailur-street on the
night in question. She saw the prisoner at the bar on his
hands anti knees. His hat was a yard from him. He got up,
took up his hat, and cried out, " Chaps, that's not fair." One
or the men said, "If you don't go away I'll her you." One
f the men then knocked him into the middle of the street.
The deceased followed hint and after a little while stepped
back/ and said "You've a'kuife."
The deceased ran from
the prisoner at the bar to her. He said, "Oh Lord God,
I'm stabbed, Fur stabbed—l'm dead, I'm dead." Witness
turned to the girl who was with her, and exclaimed, "Oh it's
ntv nighains it's Jimmy Highams who stabbed the man.
-e r. Grunt, one of the visiting surgeons of the North Dis-
irsarY, stated, that the deceased was brought into the
sPdal, and on stripping him, he found that the external
rtcry had beets divided. Any attempt to have saved
the
‘.l an was hopeless.
MURPHY said, after the evidence which they had
heard
he would not incumber the court by any observations.
.","e JUDGE said there was no doubt in this case, as ibe
hy.til!nee of Mary Ann Sweeney, showed that the prisoner
11:i.,,ueco '
attacked by three men, before the stab was given.
Nwas therefore, sufficientprovocation to reduce it to
leau.ghter. p
guilt of found tne prisoner not guilty of urder, but
ye, manslaughter. [The prisoner was sentenced to two
cu4s 'toprisonmeut and labour in Lancaster Castle.]
off MURDER, AND CONVICTION FOR MANSLAUGtITEtt.
Inuro//ti ilard7ll4ll, aged 20, was indicted for having wilfully
mtiered Michael Warren, at Manchester.
theidre-rnenrandt appeared for the prosecution, Mr. Wilkins for
Mr, lice'
"Nnr in stating the ease to the jury said, the pri-
stood charged with murder, but he believed the evt-
tiei.utee would scarcely support that charge, and he was happy
hirit he could relieve their minds flora that heavy responlsi-
as `)l.,:eonsi,leriug the case under the more serious lig a,
-1 eced a would turn mato be a case of manslaughter.
Vit appeared, that on the night of the 23d June, the de-
4:e!, Michael Warren, was iii Mast-street, Shudehill,
ii,i,,i,Yhester, with the prisoner, %%lig was, it appeared,
I Ile was will, a Mena passing the place, whet e the
a noted
""d. au old man, stood. The deceased bad a companion
pwith hint, and was intoxicated. As the prisoner passed, he
Ifni
ushed against the deceased. The latter followed him, and
prisoner WAS heard to to his companion, now Mimi
what a blow P• 1 him-he sa;' by If now." When
give himself thielea,d.eete,aced eanie up to hint, the prisoner struck him two
to 'qv! °tows on the head, whereby he was thrown violently
itt e ground. Ile was taken up insensible, and carried to
titriviero kept by a Mrs. Farrell. He remained insensible
e died, next morning. A post mortem examination took
Place and it was found that there was great effusion of blood
knnitherain• The prisoner was taken into custody by
'itagc, of the Manchester police. He said to him he
tears the case would
acter. go bad with him, because of his bad
char

FORGERY.
1171.1914 i Boardman, 4 reapectable looking o Id

charged with having committed a forgery. The indictment
set forth, that the prisoner had forged an acceptance to de-
fraud Joseph Hughes, and Edward Grundy, of the sum of
£l6 15s. 10d., and of uttering the same, knowing it to be
forged. There was another count charging him with having
Uttering a genuine receipt for £ll ss. 101, so as to make it
appear to be for £l6 15s. Rh!. This, the council for the
prosecution said was the substantive offence.

Mr. Brandt and Mr. Cross for the prosecution, and Dr.
Brown and Mr. L. Peel for the defence.

The prisoner, it appeared, was the paid overseer of the
parish of Itivington for ten years. In 1830-31, Mr. Edmund
Grundy was high constable for the hundred of Bolton and
Middleton. Mr. Grundy was partner in the firm of Grundy
and Woods, bankers, of -Bury. John Shaw, who acted as a
writer for the township of Ilivington, in 1830-31, proved that
he had entered the accounts of the township in the town
ledger, from the prisoner's dictation. The amount entered
as money rolls was £75 2s. (The ledger was produced.)
March Was the usual period for examining and passing the
accounts. The accounts were cast up by a schoolmaster.
They were then submitted to the town meeting and passed.
The vouchers were not produced regulaylv, nor were the ac-
counts at all examined by them. The balance in favour of

the prisoner was 1,1 10s. 4d. Edward Bothwell, an assistant
overseer, proved that on the 3d of May last he demanded the
books and papers of the prisoner, and received amongst
them the money warrant produced. Joseph II ughes, who
was„in 1831, a clerk in the bank of Messrs. Grundy and
Woods, said it was the prisoner's duty at that tune to pay
money in pursuance of the money lolls. The amount in
question was handed to the witness. He gave that receipt
on the Gth •July, 1831, for £3l ss. 10d. The receipt had been
altered by turning the one into a figure of six, and by placing
a figure of one before the five in the shillings' place. The
total amount required fur the township of ltivington, while
Mr. Grundy was high constable, was £56 Ifis. W. The
money was received and entered as the banking account of
the high constable. The duplicate money warrants were
produced by Mr. Woodcock, attorney, of Bury. He had not
made out both tile originals nod the duplicates. The total
to be collected under' the warrant in question was £ll Se.lod.
Among the items in the above warrant, there appeared one
of £5 13s. 2d., for the proportion of the chairman's salary.
This, it was proved, had been, in reality, only 13s. 2d. A
Mr. Anderton stated his belief that the figure of five
placed iu the pounds' column was in the hand-writing of the
prisoner.

The learned JunGn stated it as his opinion that there was
not sufficient evidence of forgery, though he thought the
fraud was made out i❑ the handing over the receipt as a
voucher, as it would make Mr. Grundy liable for the
difference.

The Jury proved the prisoner guilty of uttering knowingly,
with the intention of fraud.

Witnesses were called to prove that the prisoner had pos-
sessed a good character, and a document to the like effect
was handed in.

The pi isoner ,was sentenced to one year'i imprisonment
and hard labour in Lancaster Castle.

AVING POSSESSION OF BASE COIN, WITH INTENT TO UTTER.

Willium Rodgers was placed at the bar, in company
with Mrs. Large, the latter having been convicted during
the present assizes of having heel' possessed of a mould fur
coining, of which the prisoner Large was acquitted. The
present indictment charged Rodgers with having had base
coin in ii possession, with intent to utter.
The Attorney-General for the County Palatine and Mr.
Armstrong conducted the prosecution, and Mr. Knowles ap.
peared for the defence.
It appeared that on Wednesday, the 6th of June last,
the two prisoners were on Kersal Moor, at the Manchester
races. A dispute occurred respecting a had shilling which
the prisoner and Large were said to have passed. Mr. Dig-
gles, deputy constable of Salford, and Andrews, an otlicer•of
the Manchester police; were present. They took the prison-
ers into custody, and on searching them they found on Large
IS counterfeit shillings, and on Rodgers two counterfeit shil-
lings,a ml no good money at all.
Mr. KNowt•tS addressed the jury on behalf of the prisoner
The act of parliament set fortis that the person must be
found possessed of ►hree or more pieces of counterfeit coin.
To make this out, it was presumed on the part of the prosecu-
tion that the possession of Large was a joint possession with
Rodgers. This point his Lordship said he should reserve.
The jury found the prisoner guilty. His Lord Ship de-
ferred passing sentence;