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

proof.—lt was well known, Mr. Aspinall said, that, whe
spirits are changed from one vessel to another, or expose
to the air, they lose some of their strength, but only in a
small degree. At 26 under proof it was sent from the'
yard of the gentleman who had sold it, to the Duke of
Bridgewater's place. It occupied four or five days in
coming, and on its arlival here was found to be muddy,
and 42 1-10ths under proof. It was alleged that 15 or 16
gallons must have been taken out by the defendants' ser-
vants) and their place supplied with impure water. Thor
original value of the giu was 10s. a gallon, but it was
worth now about ss. 9d., and could only be used for recti-
fying- parposes.—The defence was principally that the
plaintiff had not proved conclusively that the deterioration
had taken place whilst it was in the defendants' posses-
sion.. Witnesses were called to prove that. Mr. Aspinall
having replied, the learned assessor summed up, and the
jury returned a verdict for the plaintiff, damages £l3 IN-
ACTION FOR FALSE IMPRISONMENT.—GREENFIELD,
v. STSES,—This was a case the circumstances of which
must already be familiar to the local reader. It has
been not less than four times:tried before various courts_
At the October Court of Passage, the present plaint&
obtained a verdict against the defendant with £4O da-
mages ; but, the case being removed to the court above, a.
new trial was ordered on the ground that the Assessor
would not at that time allow evidence of justification to be
Aspinall and Mr. Brett appeared for the
plaintiff, and Mr. Millward and Sir George Stephen for
the defendant.—Mr. Brett opened the pleadings. John.
Greenfield was the plaintiff; Benjamin Sykes the defen-
dant, and the declaration was for falsely imprisoning the
plaintiff, to which the defendant pleaded that he was not
guilty by statute.—Witnesses were then ordered out of
court.—Mr. Aspinall stated the case. He said this was a
case which would require somewhat more than usual care
on the part of everybody, in consequence of the difficulties
which they had heretofore encountered in corning to justice
andright conclusions. They n'iust see this time if they could
not conic to thereal facts, and a verdict which would be satis-
factory to the parties and every one else. The plaintiffwas
a person who had for many years cal ried on business as a
plasterer in Liverpool, and up till the time the action arose
was doing a fair and remunerative business. He had been
employed by the Corporation of Liverpool about the mar-
kets and other things, and had also attained a reputation
for some facility in curing smoky chimneys. He men-
tioned that, because by it he had earned a nickname, that
of "sweep," which might be repeated by some of the wit-
nesses in the course of the proceedings. The defendant is
a publican in Great Charlotte-street, his house adjoining..
the. Fish Market, which lies between it and the Amphi-
theatre. It appeared that on the 31st of May some party
or other had committed against the defendant some offence
which he chose to consider a felony, and which was no
doubt an unpardonable joke on the part of somebody or
other. Somebody or other broke Mr. Sykes's windows,.
took out a bottle of champagne and drunk it, and several
other bottles also were removed. That was the whole
matter. It had given rise to great litigation,—on the part
of Mr. Sykes three times, and the present plaintiff was
now anxious to vindicate his character. That proceeding-
having taken place on the 31st of May, or rather the morn-
ing of the Ist of June, Mr. Greenfield, he should be able
to prove to them, had nothing whatever to do with it, but
he was in the habit of going to Porter's public-house,
which is next door. He was there that night, and learned
to his surprise that Mr. Sykes had been saying that he
was one of the parties who had been guilty of an impro-
per act at his place the night before. The first step
that Mr. Greenfield took was that which an innocent
person unjustly charged necessarily would; he went
to Mr. Sykes's, ordered something to drink, and then
immediately asked about it. He had some conversation.
with Mr. Sykes, and, to his surprise, it resulted in Mr-
Sykes deliberately making a charge against him. He had
him taken to the Police-office in the presence of a great
number of persons, although he was warned as to the con-
sequences of such a search. Bail was offered for Mr-
Greenfield, by persons who knew his position, and were
anxious that he should not suffer the indignity of a night
in gaol. The charge being that of felony, however, baiL
was refused, and Mr. Greenfield imprisoned. He was
brought before the magistrates the next day, and the case
was dismissed. Now, if Mr. Sykes had been a prudent
and not a vindictive and malignant man, enough had
already taken place to show him that he should not pro-
ceed further against a respectable man, bat he did take
proceedings to make Mr. Greenfield pay for a broken
window. Those proceedings lasted for a long time ; they
had occupied two days before another tribunal, and the
result was exactly what he anticipated that day, which
should have shown Mr. Sykes that he should have with-
drawn the charge, and allow Mr. Greenfield to clear hiss.
character. Now, Mr. Greenfield had a right to vindicate
his character, to appeal to a jury of his countrymen, and
after a long course of litigation, such as few men had been
visited with, to redeem his character.
Anthony Thomas Slack, a policeman, proved that he--
was sent for on the Ist of June, a little before one o'clock,
when the plaintiff was given into his custody, on a charge
of felony.
Mr. Stephen Hurton, printer, Queen-square, was next
called. He spoke to offering to bail Mr. Greenfield out,
but that it had been refused, as he was charged with a
felony, stealing wine.
This was the case for the plaintiff. Mr. Millward then
addressed the jury for the defence. He said if any of
them were publicans or shopkeepers, nothing would be
more annoying than to have their windows broken, and
the goods stolen from the shelves. It might be well
enough to treat it as a drunken joke, perpetrated by per
sons coining from Porter's house. A joke ! breaking
plate-glass windows, at one o'clock in the morning, when
all decent parties were in bed—a joke, stealing wine and
spirits left upon the premises in the usual mode. Mr.
Millward then proceeded to comment on the fact that Mr-
Greenfield, who must have known all the circumstances,
and revealed them under cross-examination, had not been
called into the witness-box. He contended, whatever
technical difficulties might arise, that he was entitled to
give evidence on the plea of justification. Riley, a market
constable, saw a man break the window, and join others,
and drink the champagne on the Fish-market steps-
After giving information to the police, he called up Sykes,
and then they sought for the parties who had been guilty
of the outrage. Mr. Sykes then made an unceasing search
for the parties, which ultimately ended in the plaintiff
being given into custody.
The first witness called was Riley, the market con-
stable, who spoke positively to Greenfield, the plaintiff,
breaking the window with his elbow, and taking out the
champagne.
Mr. Sykes, the defendant, was then called. He stated,
amongst other evidence, that he met the plaintiff coming
out of an entry, near the neighbourhood, at four o'clock in
the morning, and he said, when told of the charge, that
" they were all drunk, and if it were only one glass that
was broken he was willing to pay for it." He spent the
whole of that morning and next day in search of the
depredators.

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

CHRONOLOGY OF .REIVA.R.KABEE
EVENTS, on May 16.

Felicia Dorothea Browne was born in Liverpool, on the
25th of September, 1793. Her father was an Irishman,
and her mother (whose maiden name was Wagner), was of
mingled Italian and German descent, the daughter of
the Imperial and Tuscan Consul at Liverpool. She
married early. Mrs. Hemans resided several years at
Bronivylva, St. Asaph, North Wales ; then removed to
Wavertree, near Liverpool, and finally to Dublin, where
she died on the 16th of May, 1835, aged 41. The poetry
of Mrs. Hemans may be likened to a cathedral chaunt—
deep, solemn, and impressive.
The King of Naples, in a proclamation, justified the
massacre of the 16th May, 1848, on the ground of neces—
sity. The loss of life was very great, 1,777 bodies being
interred on the 16th.

Violent affray at Banchi, incited by Mazzini.
The Chartist National Convention broke up.
The North Star left the Thames for the Arctic regions,
in search of Sir John Franklin.
Address from the Irish nation to the Sultan, signed by
the leading people of Ireland, thanking his Majesty for his
generous donation of £l,OOO for the relief of distress in
that country. The money was transmitted to England
by Lord Cowley, the British Minister at Constantinople_
Peter the Great laid the first foundation of the city of
St. Fetersburgh, 1703.
The Baptismal Font at Walton Church erected, 1754.
The Rev. Gorronwy Owen, curate, and a celebrated Welsh.
bard, composed English, Welsh, and Latin verses in com—
memoration of the event.

The old meeting-house for the Quakers, in Hackin's-
key, Liverpool, recorded as .a meeting-place for Protestant
dissenters, 1709.

The Rival Liverpool Regiment of Volunteers, com—
manded by Pudsey Dawson, Esq., mustered in Mosslake—
fields, 1,200 strong, 1798.
The Welsh Calvinistic Methodist Chapel, in pail -mall.
Liverpool, opened 1787.
Making Liverpool a parish, distinct from Waitcw, defer—
mined on, 1654.

Battle Of Alianera, 1811. es in May.
Baronets were first created by King Jam---
1611, in the ninth year of his
reign. WVONIAWC.
Liverpool, May 15, 1864. RE

----
LORD WATERPARICA rampant radical, was, on Tuesday,
elected, without opposition, M.P. for Litchfleld, in the
place of Lord Anson, called to the House of Lords by his
father's death.
HASTINGS ELNCTION.—The representation of Hastings
having become vacant, an election took place on Wednes-
day, and Mr. F. North, a Liberal, was returned without _
opposition.
THE VACANT JIIDGESIIIP.—It iS said that the seat On
the bench, vacant by the death of Lord Cockburn, has
been offered to Mr. Neaves, formerly Sheriff of Orkney •
and Solicitor-General for Scotland during the
latter Erskine Perry, .k...2,..--7111"1-1
Derby's administration. Earl 'a
.., 1,00).
DEVONPOUT ELECTION.—The candidates were sLiN I.IN A-
.. It
H. Maxwell, a Conservative, and Aire
rejected of Liverpool, a Radical,
by a majority of 10131 to 089. was returiaect _-: •-__ . 13
s ~.---._ \.: ---3
' ' . '_l4-'-! i