The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-04-07 00:00:00

ary, that he made the tender. On the 15th January he was
aware of the unfortunate state in which Messrs. Richardson
and Thompson were : they were in straitened circumstances,
but not insolvent. This was not generally known He did
not recollect on what day it was that an act of bankruptcy
was committed by Mr. Richardson. Up to the 20th he had
made no tender of the puichase money, or of calls.
Mr. ALEXANDER then addressed the Jury for the defence,
He called their attention to the fact deposed to by the wit-
ness just examined, that, a few days before the present con-
tract was made, Messrs. Richardson and Thompson, although
in solvent circumstances, had been making an attempt to
come to an arrangement with their creditors. The contract
was made on the 20th January •, on the evening of which day
Mr. Vero left town for Ireland, and did not return till the
end of the month. By that time it was perfectly clear Messrs.
Richardson and Thompson had become insolvent. Now, the
contract had been made on an express understanding that the
calls on the shares should be paid immediately, before the ex-
piry of the month ; and where was the probability that men,
who had just become bankrupts, could raise the sum of
£l2OO ? It was all very well for Mr. Townley to say, " Oh,
You may rely upon me; I will undertake that both the pur-
chase-money and the calls shall be paid ;" but brokers were
not in the habit of relying so much on one another. What
would Mr. Cooke have been thought of upon the Stock Ex-
change, if, on the credit of such a statement, he had made
the transfer? But he (Mr. Alexander) contended, that no
transfer could have been made. To whom should it be made ?
From first to last, as they had heard from the evidence, the
name of the transferee had been kept a mysterious secret.
Mr. Cooke had, in vain, endeavoured to learn it. The trans-
fer, to comply with the legal requisitions, must have been
made to a person able and willing to pay ; but who was there
that was able and willing to pay ? Was Mr. Vero to transfer
his shares to men who were about to go into the Gazette,
and thus become a creditor for the amount to the bankrupt
firm of Messrs. Richardson and Thompson? Most cer-
tainly not; but, even if he had been willing, it could not
have been done, inasmuch as no transferee had beeu men-
tioned: Mr. Alexander referred, in conclusion, to a case
reported in sth Bingham p. 399.
Mr. CRESSWELL replied, maintaining that, in point of
fact, Mr. Townley would have been the transferee, he having
received authority from Messrs. Richardson and Thomp-
son to receive the transfer ; and that, although no actual
tender of money had been made before intimation of re-sale
had been given, Mr. Townley had always expressed his rea-
diness and willingness to fulfil the contract. In point of
fact, there could have been no tender while Mr. Vero was
absent, because Messrs. Okill and Cooke had always stated
that nothing could be done until their principal came back.
But, when the principal did return, a tender was made, and,
admitting that Messrs. Richardson and Thompson were
bankrupts, was it likely that, with the fact of a rising mar-
ket, they would not have found money to complete the
purchase, if the promised notice of Mr. Vero's return had
been given to them, and they had been allowed the opportu-
nity, to which they were entitled, of completing the contract
into which they had previously entered ?
The learned Jolene summed up. "He told-the jury, that
th must not look to any general question; but to the issues
joined by the parties, the first of which was, that the defen-
dant did not make any contract. It had been shewn by Mr.
Cooke, however, that a contract bad actually been made,
and the contract, in the terms stated, had been produced by
him. On the first issue, therefore, the verdict must neces-
sarily be for the plaintiff. But it 'did not follow that the
plaintiff was therefore entitled to any damages, if the defen-
dant could shew that he was entitled to a verdict on the other
issues. The next plea of the defendant was, that neither
the bankrupts, before their bankruptcy, nor their assignees
since, were ready to transfer the shares, or to pay for them,
theo pay the calls due. To this the plaintiffs answered, that
y were ready ; and the question was, not whether any
The
was tendered, but whether they were
toerady to pay it.
.question which the jury would have determine on
this issue was, whether, at the time the shares were re-sold,
the bankrupts were ready to pay the amount of the contract
and of the calls. Now, it had been given in evidence, that,
live days before the contract was made, Messrs. Richardson
,a,ml Thompson were in straitened circumstances; and, al-
sthnonli.igh they. might have been able qwentually to pay twenty
'lungs in the pound, it would be It r the jury to say, whe-
t,her they (the bankrupts) were ready, at the time of the
cc.O.;tract to meet the sum for the purchase-money and the
then If the jury were satisfied that they were ready to pay,
n it was no matter whether a tender had been made or
;ut• But the defendant had no right to re-sell until he had
given notice, in order to ascertain whether they were ready
Imeet the purchase-money and calls. The third issue was,
,eat the defendant had not dispensed with any conveyance
()" execution and the question was, whether the evidence
seeed that he had done so or not. If Messrs. Richard-
te and Thompson, down to their bankruptcy, were ready
VePtay, however insolvent they might have been, and if Mr.
eete° 8 agent said that he (Mr. Vero) would return on the
eeve there was no necessity before that to tender any con-
bea'nee for execution because there could be no contract
anidore his return. He returned before the Ist of February,
Metthen Messrs Richardson and Thompson were told
Me- Air conveyance was necessary, because, on the 30th,
the 'l4" e,ro had deprived himself of all power of conveying to
(lair aZxruptse If the jury were satisfied ;that the witness
Townley) was put off, day after day, until Mr. Vero
%enlacd, then no tender was necessary ; and if, after his re-
etie 'lr. Townley was told that the shares had actually
l re-sold, then that would operate as a dispensation from
teeti,cessity of sending a conveyance, because it would be
ve'reco.tender a conveyance to execute a transfer after Mr.
un bad ceased to have power to make that transfer.
nee ~deae the fourth issue, that the defendant was ready to
ester, until the bankruptcy of Messrs. Richardson and
th4eeinPson, on being paid at the rate agreed upon, but that
iris.inever agreed to pay, and that, on the 26th, they became
feud vents, and, on the 29th, bankrupts ; wherefore, the de-
end ant, before any tender was made, revoked, rescinded,
able a‘n. nulled the agreement, after the expiration of a reason-
made for the offer and tender, and before any tender was
eri'e; It was clear, from the evidence, that, before the Ist
flue cdruarY, no tender of -£lBl. had been made • and the
thesP would be, whether between the 29th of 'January,
transferll on which Mr. Vero returned, (before which day no
teee could have been made,) and that of the sale, which
ema Place on the 30th of January, a reasonable time for offer
je;',tender had bean made, under all the circumstance. The
are} would, therefore, have to say, on each of those issues,
Talt. wes their judgment.
ie 'e Jury retired to consider their verdict. They returned
tiffs quarter of an hour, and gave in a verdict for the plain-
thir'ea°n the first issue, and for the defendant on the second,
,Nt_, and f
OFourth issues.
APPRENTICESITIP.—DURBRIDGE V. WARD.
R•hiel's,was an action on an indenture of apprenticeship, it
Nta, 1, Mr. John .Burbridge, goldsmith and silversmith, of
n.,d,lleiter,.was the plaintiff, and Mr. Samuel Ward, silver.
6 -,ro, of the same place. the defendant,
feielarti•tBv. gar- for the plaintiff, anti Mr. Martin for the de

the „aPPeared that, in May, 1835, George Ward, the son ol
ye aeferidant, was apprenticed to Mr. Burbridge for six
18*, and Continued in hixiservice till the sth of September,
t 4; when he deserted the'service, on the plea, (a true one,)
fathelle had attained his majority, and went to work with his
Irorke• The youth was said to be intelligent, and clever as a
aetiotnan, and to be worth to his employer 10s. a day. The
servin, was, therefore, brought to recover the value of the
l
betb,Les of the apprentice for fourteen days; being the period
Mron the sth of September and the bringing of the action.
kevlAirrix stated, that the indenture would terminate in
Of 1841, and he wished that there should be a settlement
aniese whole matter. To that the plaintiff would not consent,
Ili: the
youth would agree to return and serve out his time.
the f 3: 1-'°ltnsitip observed, in summing up, that, although
to le -et of the youth having come of age left him at liberty
his
save his master, vet, the father, who had covenanted that
sued°P should serve for a period of six years, was liable to be
so,. , tor breach of the covenant, if he could not induce his
fulfil the ternis of it.
wie,e sum claimed by the plaintiff was £7, less the amount
Of 'si would be due to the apprentice for wages, at the rate
Youtf,Per week (215.) The jury estimated the value of the
s services at half the sum claimed by the plaintiff, and
(14y, I°ned as reasonable by the witnesses, namely, ss. per
consequently, returned a verdict for £2 9s.
ue Court rose at a quarter to six o'clock.

CROWN COURT, YESTERDAY.
TRIAL OF THE CHARTISTS.
t:ter
ole Y
Considerable interest was excited by its being known
arid "Vera' of the chartist leaders would yesterday be tried,
„,l, the court was crowded from an early hour during the
ter„,'''• Vickers Jackson, William Richardson, Wm. But,
fre;;,,"fh, and James Bronterre O'Brien, who'had traversed
spir7 toe last Assizes, stood indicted for a seditious con-
Y, which was set forth in the indictment as with various
teritnts, such as maliciously and illegally to excite discon-
-4,1, , riot, routs • to induce the people to arm themselves,
q intina,
the
with ti mate Government into new measures. ; and also
Nell anng committed certain overt acts in furtherance of
the , °()..leets. There were four counts to the indictment ;
spir;3v, 0 first charging the defendants with seditious con-
biqTetes as aforesaid ; the two last with unlawful assem-
u_and seditious speeches.
Vir. I.- Sergeant Atcherly, with whom were Mr. Knowles and
fended ddison, was for the prosecution ; Mr. Wortley cle-
Itio Butterworth and Jackson; Mr. O'Brien and Mr.
tis..lardson defended themselves, the latter having the as-
of Mr. Cobbett in advice on legal points only.
1.,!: t..fcowLEs opened the proceedings.
tras"• Sergeant ATCHERLY, addressing the jury, said this
for I', Prosecution instituted by her Majesty's Government,
4 co he Purpose of laying before them the details of
allhe°llspiraey of a formidable nature, though happily
eZPressed, and when they heard these details they would
it*"te with him that it was not brought forward unjustifiably.
44.1. Was a conspiracy and combination to create discontent
ti„ngst the people ; to excite them to disorder and to tumult,
tC4 illegally to intimidate the government into changes of
Zp,„e existing law. The indictment originally contained the
17.4111 es of six defendants, but two of them, Bennet and Dean,
.re not now on their trials. The first political 'fleeting
PCid Was on the 23d of April, 1839, at a place called Batty's
ns, in Bridgewater-street, Manchester. It was the most .
14„ Portant meeting of a series. All the four defendants were
'aere ; and • • would have •to consider whether the
. the Jury
scussion was one of a peaceable and inuoxious kind, or
aWhether it was not rather calculated to excite disaffection,
m
f goad the hearers to discontentment and public dis-
-414.
"-'ace. He would not detail the whole of the occurrences,
ire they would learn them more particularly from the wit-
itlsea• Dean was in the chair, and they would have to con-
rie er whether what was uttered was within the fair bounds-
a 8 of discussion, or whether the parties had assembled for
Pala-ion and illegal purpose, and employed language cal-
Ce'tted to produce the evils which he had stated. Dean, ad-
gettong the assemblage, said, " that the government were
ge„log to understand that the people would stand it no lon-
-14 ~, that they were determined to have their liberty or die
wu that
attempt ; that they were preparing for the crisis, and
\,;.41 tnanfully meet it." A voice in the crowd exclaimed,
4,'ci ec,are all ready." Butterworth said the people of Ireland
the. were prepared, and if they could not obtain
cc ti, end by moral means they would try something else.
't ee.," national petition were refused, then they would pro-
was to ulterior measures, and a resort to physical force
%aid ''LLlougst them. Rawson, who was now on his trial,
the he had come from Bury, which would send delegates to
Nvit,k;onvention, thus proving that a correspondence existed
tieztl ?tiler towns. There, he said, they were ready for phy-
'44 !Ice. They had, he said, tried moral means, but to no
tell,' , butte crisis had now arrived when they must resort to ed that this force should be exerted in every town, vil-
latth?sical force. Enough was stated, indeed, that it was in-
terit_atta hamlet, and that " the boldest front was to be pre-
that
vd
,to the Government." The defendant Richardson said i
NI), hlp motion for a general arming had even frightened '
1,4 h„°,L,the Convention, so that he expected that some seats
'441:14)4 would become vacant. He (Richardson) also
ti,t„
t.. , would
'i'til theip
ih'i6tlier'ins:ll°eiZ
kslxrely pay more for the price of liberty, aye, even
alt. W 1 - V°o(i• The speaker then quoted a passage from
s' to
he
ee effect that the people had a right to
(Richardson) said they should do so.
qiez,i,was not his advice, but Sir William Jones's. '1 he next
‘ver was Mr. O'Brien, who said he was glad to find they
terii,itto the mark. He said he had come from Leigh, Chow-
4'eli 1,,,e, ~ and that every one had signed the petition, that
Ist,liellhf-..o,.rp.erveperayresdi with sharp aromineut and that there was
signature. He 'said he' himself did not a.d-
Le(l tvsleal force, but he thought they had done right,.
ulth that
if 111 the men in Eno-land acted like thos ot
vied: a E:nland would soon be free. The petition was,. he
1,1(1111d noticeto quit to the Commons House, and if they
, 4.,
th"..tther, rt, resort should be had to a writ of ejectment,
t,lii t etzlQie , , ,
vel 1 1 7)_ titheoue door or the window he would not say. Let
the speaker, go ou loyally until the time
at the hand all should be prepared to act. He next hoped
of vengeance would be raised, and that even