The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1849-04-03 00:00:00

hat the

.. -
order when delivered to the ship. None of the witnesses,
who were parties in the employment of plaintiffs, heard
Mr. M`Lean ever say to Captain Stewart that he might
dispense with a stevedore; and none of them saw how the
cargo was stowed in the ship.
Mr. Robinson (Lowndes, Robinson, and Bateson,)
proved the forwarding of the necessary documents to
Buenos Ayres. and the mode in which the interrogatories
lost in the Dublin were recovered.

John Price, clerk to Mr. Phipps, law-stationer, deposed
to the bill produced being a correct copy of the bill of
lading.

Captain Keno pthorne deposed to the wreck of the Dublin
off the old Head of Kinsale, and the recovery of the papers
connected with the case. Could not recover the charter
party and the bills of lading.

At this stage of the case, by the agreement of counsel on
each side, the case was withdrawn, his lordship desiring
them to return a verdict of £360 for the plaintiffs.

THE ASSIGNEES OF REUBEN HEMINGWAY V. DARNED AND

Mr. Martin appeared for the plaintiff; the Attorney-General
defended with Mr. Crompton.
Mr. MARTIN stated that this was an action upon a bill drawn
by Mr. Reuben Hemingway, an African merchant, upon Messrs.
Arnold Leete Roscoe and Co. for .€1,300, which had been en-
trusted to a Mr. Holmes, for the purpose of being discounted
at Messrs. Barned's bank, and which those gentlemen detained,
and stated that they had placed it to Mr. Holmes's account.
Mr. Hemingway had subsequently been made bankrupt, which
would anat.!o tho laarnad 00,1011.01 Isivx: am
box to prove the facts of the transaction. Having explained
the law, as connected with the case, he proceeded to call the
witnesses.

Reuben Hemingway proved going on the 12th of February to
the office of Mr. Holmes, a provision merchant, to purchase
200 casks of beef. Had a bill for £1,300 in his pocket, and
stated to 114 Imes that if he would give him the difference out
of the bill he would buy the beef. Holmes stated that he could
not give the difference out unless his bankers would take it, and
asked to be allowed to send the bill to the bankers to make the
enquiry. The bill was sent to Messrs. Barneds' by a clerk
named Wallace, to explain to them the transaction, and ask if
they would discount it. There was no private correspondence
between Wallace and Holmes before the former went with the
bill. Witness remained in the office until Wallace returned,
who stated that Mr. Lewin Mozley was in London, and that
they held a large quantity of the acceptor's paper, and should
not like to take more until he returned, although they had no
doubt the bill was a good one. Witness left the bill with Holmes
to go to the bank, in consequence of what passed between them ;
but made no further arrangement as to the appropriation of the
bill, with instructions to leave it at Barneds' until Mr. Lewin
Mozley came back to give his answer about it. Called again
on Saturday, the 14th, when Holmes again sent Wallace to the
bank to enquire if Mr. Mozley had returned. Witness waited
until he came back, and said that he had not returned. Holmes
asked if Wallace should go back for the bill, which witness said
he did not back. Called again on Wednesday. Holmes paid
him on that day, or after the 12th, £214 on account of some
share translctions which had been between them. This had
not any relation to the bill. On the 18th, the house of Stock-
dale and Sons failed largely in witness's debt. Went on that
day to Holmes's office for either the money or the bill. Some-
thing passed between them, and in consequence went with
Holmes to Barned's. Saw Mr. Elias and Mr. Charles Mozley.
Told then he had come for his bill ; but Messrs. Mozley
laughed at him and told him he ought to have known better;
that when a bill came into a banker's hand, from a customer,
it became theirs. Told them that it had only been sent through
Holmes for discoun', and that Holmes had nothing to do with
it. Witness insisted upon having the bill, when he was told
that Holmes had chequed against it for a large amount.
Turned round upon Holmes, and asked him how he had de-
ceived him ; when Holmes stated to Mr. Mozley, that he (Moz-
ley) knew that he had drawn the cheques in question on the
understanding that they were to have Rankin and Gilmour's ac-
ceptance for more than the amount, the money for which he
had already paid him. Mozleys said they were sorry for wit-
ness, but that they would not part with the Bill. Four or
five days before the bill became due, witness went to the bank,
and asked Mr. Mozley if he had the bill under his control. He
said he could get it, and subsequently witness got the money
and retired the bill at Mozley's. The indorsements at the back

.sked about it M

Mozley

face of his account of .'1360. It is not the custom
to pay away bills without the parties endorsing them, although
they sometimes did so. In 1844 people were anxious to get as
many good endorsements as possible.
Re-examined.--Taking Bills without endorsements is fre-
..

quPntly don

The JUDGE reminded the Attorney-General that he had
omitted the most important feature of the case—the instruc-

LIUII KlVell to 1-vainice to explain aoout to e purcnase or beef,
and the conversation which Holmes and Hemmingway had
with Mr. Alozley as to the .el7OO borrowed to pay for Sandars'
oatmeal.

The ATTORNEY-GENERAL then submitted that he would call
Wallace. Mr. MARTIN objected; and after slight sparring
between the learned counsel, the Judge decided that the At-

Mr: MARTIN defined to address the jury. He was afraid of
his temper, end was satisfied with the view of the case taken
by his lordship. _ _

'The Jury were asked if they would hear his Lordship's sum-
ming up, bnt they expressed themselves perfectly satisfied, and
gave an immediate verdict for the plaintiff—damages .el3OO.

RICHARD AND OTHERS V. NICOL

This was an action brought against defendant, as chairman,
on a policy of insurance granted by the Marine Assurance

property- of Messrs. Pritchait

fhoniewa;rd voyage from Bombay

air. WATSON stated the case to the jury. The ship was va-
lued at £9OOO, and what they sought to be recovered was about
£2OOO, or as average of about £26 lOs. per cent. A portion
of the amoun - was paid into court, and all that was to be de-
cided was connected with the re-coppering at the Mauritius,
having been coppered before sailing with Muntz's patent metal.
After leaving Bombay she was exposed to tremendous gales,
sprung a leak, discharged part of her cargo, and was ultimately
compelled to put into the Mauritius. She was found tremen-
dously strained, and a survey having been called, her copper
was found wrinkled, including a leak, and, in the judgment of
the surveyors at the Mauritius, it was necessary to strip her of
copper altogether. The expense to make her fit for sea was
upwards of £4000; but they only claimed £2240, the rest of
the expense falling upon the owners. The question which the
jury would have to consider was, whether the damage to the
copper, being below low water mark, was the effect of wear and
tear, or was occasioned by the straining of the vessel from the
perils of the seas. The Learned Gentleman described at some
length the injuries which had been sustained by the vessel, and
the reports upon her given by the surveyors.
Captain Henderson was examined by Mr. COWLING at great

lengih, and gave evidence of they

in the openinr; address of Mr. Watson. The witness described
very minutely the condition of the vessel when surveyed at the
Mauritius, and spoke very decidedly as to the necessity of re-
caulking, as a measure of safety during the voyage home, and
of recoppering, to protect the ship from the w0r..,,5, which are
most destructive in the Indian Seas.
The court then adjourned till nine o'clock this morning.

The chief officer of the steamer Pee came home under arrest,
having, in the exercise of his authority, cut down two of the
seamen with a cut!ass.

DISEASES OF THE CHEST, OLD COUGHS, COLDS, AND
ASTHMAS, PERMANENTLY CURED BY HOLLOWAY'S PILLS
This fine medicine is universally acknowledged to be a most
certain remedy for asthmatic complaints, obstinate coughs,
and colds, or indeed any affections of the chest whatever. Pa-
tients suffering from either of these afflictions should have im-
immediate recourse to Holloway's Pills, a few doses will give
great relief, and if continued for a time, permanently effect a
cure.
~They are equally efficacious for that insidious disease,

jatenza, the cure of which is greatly assisted by a little of
Holloway's celebrated Ointment being well rubbed ieto the
throat and chest es ery night and morning.

.„.
THE LATE MR. J. fRIESTLEY.-OR Sunday morning,
the Rev. Dr. Raffles improved the very sudden demise of
this lamented gentleman, whom he highly eulogised as a
Christian and a commercial gentleman.

St. Thomas' Bazaar, to lie held next week, is an en-
grossing topic of conversation. There will be a splendid
display of unique and valuable articles, which will no
doubt meet with ready purchasers. We understand that
the Committee have secured a great number of onto-
graphs from important individuals, among others, from
the present King of Holland. _ _

EXAMINATION OF MASTERS AND MATES.—At a meet-
ing of the Board of Examiners, held on Wednesday last,
Captain William Waddim&ton, master of the Mary Ann,
of Bridgewater, was found qualified for a second-class
master's certificate ; and Captain James Bell, late master
of [the Teazel., and Captain Thomas Campbell, master of
the Velore, both of Liverpool, were found duly qualified
for first-class masters' certificates.

THE BOROUGH SESSIONS.—The sessions, it was an-
nounced would commence yesterday morning, but after
the grand and petty juries had taken their seats, the
Recorder entered the court in his private dress, and stated
that as the assizes would not probably terminate till this
evening, (Tuesday.) he must adjourn the sessions to ten
o'clock on Wednesday forenoon_ Tt
wiLn an old law, quarter sessions cannot be held
in any town or borough when the commission of oyer and
terminer is going on in the same locality.
THE NEW BISHOPRIC OF PRINCE RUPERT'S LAND—.
We announced in our last the appointment of the Rev.
David Anderson, late of Everton, to this newls -formed
Colonial Bishopric. The Colonial Church Chronicle, for
the present month, contains some interesting particulars
connected with the diocese, which will probably comprise
all the territory of the Hudson's Bay Company. The
superficial area is 370,000 square miles, and the total
population 103,000. The native Indians who seek a pre-
carious subsistence by hunting and fishing, live in wig-
wams or tents, and there is nothing which deserves the
name even of a village in the whole territory. In 1815
there was not in any part of the country a place of wor-
ship, or idol of any kind. In 1820 the Hudson's Bay
Company sent out the Rev. J. West as chaplain to the
settlers ; and two years afterwards the Church Missionary
Society established a station there, and the missionaries
have succeeded in an extraordinary degree in reclaiming
the Indians from their roving and indolent life, and in
teaching them not only agricultural pursuits, but also how
to build houses, &c. The total population of the settle-
ment was 5,143 in 1844, of which rather more than one
half are Roman Catholics, and all the rest members of
the Church of England. The soil is remarkably fertile,
and a particular farm is mentioned which had borne an
abundant crop of wheat for eighteen years in succession
without ever having been manured. The natives and
settlers have therefore an abundance of produce, but no
market or means of export. They have also horses,
cattle and sheep in fair proportion. The settlement runs
for fifty miles on both sides of the Red River, and con-
tains four churches. At the Bishop of Montreal's visita-
tion in 1844, he confirmed 846 persons. The largest con-
gregation which met his lordship was 500, and the small-
est 200. The endowment for the new bishopric is pro-
vided partly by a bequest of the late James Leith, Esq.,
who passed many years of his life in Prince Rupert's
Land, and partly by a salary (with house) allowed by the
Hudson's Bay Company to the Bishop as chaplain to one
of the churches in the settlement. The consecration of
the Bishop will probably take place at Canterbury, at the
same time as that of the Bishop of Victoria. Mr. Ander-
son is at present perpetual curate of All Saints, Derby.