The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-04-10 00:00:00

HUMBLE AND ANOTH4R V. MITCHELL.

The plaintiff in this case sought to recover the difference in
price, between two stated periods, Iu the value of 100 Northern
and Central Banking Company shares. Oa the Bth of July,
1837, it was stated by the plaintiff that he bought the shares in
question of the defendant, at £2 lOs per share, and that the de-
fendant refused afterwards to sign the transfer Dote, and com-
plete the contract. On the 4th of August, 1837, the plaintiff
made a tender to the defendant of the amount ►.f the purchase
money of the shares, which he refused, and„ the action was
brought to recover the difference between the price of the shares
when bought and when the tender was made. The sale and
the tender were proved, and two gentlemen, named Barber and
Sinclair, of Manchester, were called to prove the value of the
shares at those periods. They, however, proved the value of
the shares when the tender was made at £2 7s 61 less than the
purchase price, though no actual dealings had taken place at
that rate. The first actual transaction after the 4th of August
was at £3 10s, which, being within a " reasonable time" of the
date of the tender, was taken as the price, the defendant object-
ing. A verdict was accordingly entered fo► the plaintiff,
damages, £lOO, costs, 40s, subject to a motion in court.

Y ESTER DAY.
RANDLESON V. MURRAY AND ANOTHER.

Mr. CUESSWELL, and Mr. COWLING, appeared for the plain-
tiff; and Mr. ALEXANDER for the defence.
The plaintiff in this case is a labouring luau, and the defend-
ants, Messrs. Thomas and Henry Murray, are persons in a
respectable station in Liverpool. The action was brought by
the plaintiff to recover compensation in damages from the de-
fendants for a serious injury he received, in consequence of the
neglect of the defendants' servants in foweiing a barrel of
flour, which fell in consequence, and broke the leg of the plain.
tiff. It appeared that Randleson was employed 'by a carter,
and sent to the defendants' warehouse in Gibraltar-row to bring
away some flour, when the servants of the defendants lowered
some flour so carelessly, by means of can-hooks, instead of by
nippers or slings, which are much safer, that it fell a height of
six stories upon the plaintiff, injured his back, and crushed one
of his legs and thighs to pieces. He was obliged to have his
leg amputated in consequence, and was thus, when quite a
young man, rendered a cripple and unable to get his .icing.
For the defence tt was urged that the men who lowered the flour
were not in the immediate employ of the defendants. but in the
employ of a master porter rthined Wharton. It was, however,
contended in reply, that the men were in fact and in law em-
ployed by the defendants. Several surgeons were called, who
spoke to the injury which the plaintiff had suffered. He had
lost his leg, and hail never since been well in health in conse-
quence. Witnesses were called who deposed to the extretne
carelessness of the porters who lowered the flour. His Lord-
ship said he had no doubt the master porter employed by the
defendants, was their servant, and he did not think the men
employed by the master porter were the less servants of the de-
fendinis.
For the defence it was contended that this action was got up,
not by the plaintiff, but by his attorney, Mr. Blackhurst, of
Preston, who made a tool of the plaintiff, and brought the ac-
lien to put the costs in his pocket. A witness was called, named
Newton, who deposed that the plaintiff had told hint that Mr.
Blackh'nrst wanted him to enter au action against Messrs.
Murray, and promised to do it for him for nothing. That he
(wi4ness) advised him to do no such thing as he (plaintiff) was
very comfortable, and Mr. Wharton, who would have to pay
the expeuces, had been very kind to him.
His LottosuiP, in summing up. said one part of the defence
was, that this was a stale action brought long after the acci-
dent, and that it would not have been brought had it not hap-
pened that Mr. Henry Blackhurst, the attorney, had heard of
it. Any attorney who thus hunted out actions on the principle
of " no cure no pay,' in his opinion interfered improperly, and
in a manner disgraceful to an honourable profession. But the
jury must take care and not mix up with the cases of Randle-
son the plaintiff, and Blackhurst, the attorney for Randleson,
might be entitled to damages, though he had had the misfurtune
to fall into the hands of Mr. Biackhurst the attorney.
The jury, after a short consultation, found a' verdict for the
plaintiff—Damages £lOO.
SFENCE AND ANOTHga ASSIGNEES, V. ROLLO,
This was an action brought by ,the assignees of a bankrupt
firm, Messrs. Moleson, Pearson, and Dempsou, to recover from
the defendant the price of the third part of a share in the
Laten Mining Company. Et appeared that the three partners
of the firm bad purchased a wl.ole share in the Miring Com-
pany, each paying a share. Mr. Molesou afterwards sold his
share of the share to Mr. Rollo, at the price of £360. of which
stun he had paid £270, leaving a balance of £9il unpaid. For
the defence it was contended that Mr. Bello way a creditor to

the bankrupt estate, and that the share was purchased front the
partnership, and not from Moleson individually, which was de-
nied by the plaintiffs.
Verdict for the plaintiff—Damages £9O.

-.,.
_. ... .._. r. Jn 6

assistance of a constsble, inflicted a grievous insult on the
plaintiff. What was the cause which first gays offence to Mr.
Fegan ? The fancied wrong that Mr. Gratiras had done him.
lie knew nut whether it was that Mr. Gi.ittri a had, in his paper,
exercised so opiuiou adverse to inns, or whether he, had not done
justice` to some of his exhibitions of magisterial autharity and
judgments : he could not profess to judge, but hey shouldjudge
for them Selves whether Mr. Fegan and Mr: Whittle had not to-
gether been guilty of inflicting a grievous Mita yon Mr. Griffiths,
and whether they would find any, the slightest palliation fur
what bad been done. 7u fact, Mr. Feg in ciltnitted that he had
dune wrong, and if he had, Whittle had done wrong a 150.., It
would appear that the magistrates of Wigan are lit thehabit.of
holding their petty 'sessions, and sit, two together on certain
days. Mr. Fegan hail obtained his office on the passing of the
municipal reforM bill: s Why by a coincidence of opinion,
amongst those iu the town, Mr. Fegau should ever have been:
recommended to the important office of magistrate, he could
not guess. Unquestionably it would strike all, that Mr, Fagan
?could be little adapted by education, by teeling, "tra, occupation.
or judgment, for the *office he filled, and left them-to regret that
the magistrates should not have been appointed by the ,respon-
sitiitity of the crown's minister, father than on the recominenda-
tionof others whose judgment in the matter could be little re-
lied on. It would appear that Mr. Griffiths was in the habit of
taking notes before the magistrates of such cases as were likely
to create public interest. Every newspaper editor employed
souse person to attend in courts of justice whese proceedings at-
tracied attention, to take note of such cases as were calculated
to give pleasure or interest the readers of their paper; but.
was it ever heard of till the present time that a judge—in-
' deed, they would not care anything about the matter
iu any of the higher courts—should- get into his head
that a newspaper editor was to publish every case that
was heard its his court. It was one of the absurdest notions
he ever heard in his life. It appeared that Mr. Fegan had taken.
great offence against Mr. Griffiths because he had not published'
all the reports of all the cases brought before their worships the
magistrates of Wigau. Perhaps Mr. Fegan was ambitious of
the fame of some of the Lornian police magistrates, renowned
iu the reports for their sayings and the laughable cases brought
before them, and therefore was offended that some such case
was not reported. On the 231 of June the petty sessions was
held at Wigan; and Mr. Griffiths's clerk had in the first instance
gone to take notes, and Mr. Whittle oils him " if he did not.
report every thing he should report nothing, and the clerk upon
this told. Mr. Griffiths, who went himself to see what was the
matter, when Mr. Whittle said to itim, " This won't do at all;
you have left out Dauber's case." To whist; Mr. Griffith said,
" What is the harm of that?" Said Whittle, "If you don't
publish every thing you shan't publish any thing; don't sup-
pose you are to sit at that table, and take notes without." Sup-
pose •every newspaper eilitisr in Liverpool were to publish
all the trash they talked at the assizes; the readers of those
papers would be titles-iv disgusted, and vote the editor a very
great goose for his pains, and condemn his paper as a dull
affair, and commit it to the flames, and send for some other
paper where better taste was shown in the selection of
matter. Mr. -Griffith replied to the constable I can't
and won't." "Thou you be off from the table" said he,
-` end take your suction among the crowd, and what is moo es
if you don't publish every thing, you shan't come here at
all." "1 choose to manage my own affairs in my own way,"
said the plaintiff. " Oh, take him to prison, take 'him to
prison," said the magistrate, and Mr. Griffiths was accordingly
seized by two constables, taken through the public market;
placed in custody, and lodged in gaol. As soon as he was there,
he sent for his attorney, who applied to the magistrates on his
behalf to know what they intended to do next, when they replied
"that he must enter his recognizauces, himself in £2O. and two
sureties of £lO. each." "What to do?" asked the altos ney.
"Oh, to keep the peace towards the magistrates of Wigan."
(Laughter.) The jury would say what compensation should be
paid for this injury and insult on a respectable man. Mr. Fe-
gan had afterwards aggravated that insult by offering £5. in
compensation, when an apology for his conduct would have
been worth ten times £5. to Mr. Griffith. He called
Greehadge, who deposed that he was in the office of the;
plaintiff, who was editor of the • Wigan Gazette." Mr. _Vegan
was a Justice of Peace at Wigan, and M r. Whittle was the Chief
Constable. Mr. Griffith had been in the habit of attending the
Petty Sessions for the purpose ref reporting the cases that came
before the Court. On the 23d June, witness went to the Petty
Sessions for Mr. Griffiths, and Mr. Fegau was there on the
bench, and Whittle was present. Whittle asked where Mr.
Griffith was, and then askefflim why Dauber's case was not re:
ported. Mr. Vegan inquired of Whittle, " What is to do now?
and Whittle said, " Another case left out,"—(a laugh,)—and.
Fegan said, " Aye, let me see, that case of Dr. Lambe's was
not in;" and they went on grumbling, and he (Witness) said he
would go and fetch Mr. Griffiths; and he came and took his
seat at the table where he usually sat, under the bench. Whittle
asked him why that case of Dauber's was not in, and Mr. Grill=
fiths said, " rdon't know," and Whittle said, " If you come
here you must report impartially ; you are not to pick out cases
here and there; you must report all or none." Mr. Griffiths
said, " Ile should do as he thought proper, and_not submit to
his interference." Whittle then said, " Stand behind among
the crowd ; you shall not sit there at that table. 'Mr. Griffiths
said, " lie should not leave the room, till they made that a clear
court, and then he should leave it with the rest of the people."
Whittle then said, " Leave the room, Sir!" Mr. Griffiths said,'
" I shall not." Mr. Fegan then said, "'He must either report'
impartially and correctly, or he shall not report at all, and he'
shall not sit at that table; and unless he reports every case, he
shall leave the room." Mr. Griffiths then said to Mr. Fegan,
" I wish you would mind your business and I will mind mine."
Both Mr. Fegan and Whittle then ordered him to leave the
room, and he refused. They then called constables, and ordered
them to remove him; the plaintiff seemed unwilling to go, and
Fegau called out, " take him up Milgate, take him up Milgate,
take him to pr son." The plaintiff was then conveyed between
two constables to the lockup, where he remained about half
an hour, till he was released on bail being given fur him by
Mr. Ackerley, his attorney, and another gentleman. The wit-
ness was cross-examined at great length, to show that both the
plaintiff and defendant were' irritated.
Mr. Ackerley, solicitor, proved the giving bail for the libera-
tion of the plaintiff.
Mr. ALIMANDER raised a point of law, if his Lordship did
not think the defendant justified in committing the plaintiff on
the ground of his being insolent to the magistrate in the execu-
tion of his office, quoting Chitty's edition of Burns, vol. 3,
page 164.
His LORDSHIP overruled the point. He said, we should live
in a strange country if a magistrate had a right to do that.
Mr. AsaxaNusii then addressed the jury fur the defence. lie
said, they must attribute the unlawful proceeding of the magis-
trate to his ignorance of the law, and not to a wilful breaking'
d theuc a i
injurynn, pre
to
the of it. He lamented with his friend Mr. Cresswell, that the
class of persons admitted as magistrates under the municipal
e iy eeiitll, 1 e
that t.
e
act, a ere not fitted for their tgaelcioutiilt bel
vi
defel
s°ctdleLiamn occupation,
wasii(n' small,
°rfeeling
' H
he bad only been imprisoned twenty
minutes, and called on the jury to give light damages. •
His Loanstile briefly summed up the case, and the jury
found a verdict for the plaintiff damages £7O.

BAPTISM 01, CONVERTED JEWS.—We understand that nn
Friday evening next, a sermon will be preached in St. Simon's'
Chapel, Sir Thomas' Buildings, to which "the children of the
House of Israel" are invited, and that two converted Jews will
be baptised on the occasion, making a total of seventeen siiuce•
the above place •was •opened for divine worship, under the
ministry of time Rev. H. S Joseph. We rejoice to find that so
many dthe Jews in this town have been led to embrace christi-•
anity. Several others are now inquiring after the truth and
under probation, previously to their admission into the christian
church. It is gratifying to witness such conclusive evidence of
the futility of those arguments which have been so much pressed
upon the christian public to dissuatk them from all exertions
for the conversion of the Jews.
LIVERPooL AND NEIV YORK STEAM NAVIGATION COMPANY.
—Great surprise has been expressed, that Liverpool, which is
so intimately connected with New York, should have allowed
London and Bristol to get the start of her in the enterprise -to
navigate the Atlantic with steam-ships. We understand that a
company has been started in Liverpool, under the 113 Me of the
"Liverpool and New York Steam Navigation Company," who
propose to build steam-ships for the purpose oft tinning between
Liverpool and New York. We trust that the scheme will pros-
per, and that Liverpool will, at length, take proper place in
keeping up and facilitating the intercourse between the Oil and
the New 'World. We are evidently on the eve of a revolution
in transatlantic navigation.

STEAM NAVIGATION ACROSS THE ATLANTIC.—We have in-
setted, in another place, an account of the departure of the
Sirius steam-ship, from Cork to New York. She is expected to
reach that city about the 20th inst., and the Great Western,
steam.ship, which was to take her departure from Bristol on
Saturday, about the same time. The Sirius is' it will be seen,
chartered by the British and American Steam Navigation Corn-.
paiiv, who, through the failure of a party in Glasgow, a ere un-
able to get their own steam-ship ready at the time they expected.-
The Victoria, one of their steam-ships, of which an account is ••
given in another page, is building at. Limehouse, on the Thames. •
She is expected to be ready in a month or two, and will, when .
fully equipped, take her departure front Liverpool for New York. •
Of the practicability of navigating the Atlantic by steam-vessels
there can be no doubt : the only question to be settled is, will it
pay. if it will, steamships will, in a very short time. monopo."
lize the conveyance of passengers and light goods between the
Old and the New Work!. The experiment as to the practica-
bility of steam-vessels crossing the Atlantic as well as to their
paying their enterprising owners will be fairly tried during the
present year.—ALiva.

LIVE TuntioT.—We are requested to contridict the fiilloning
paragraph, which appeared in the Chronicle, or Saturday I,w
" LIVE TuttuoT.—We are happy to announce to our readers,
that. during the ensuing week, they will have au opportunity of
obtaining that delicious luxury—live turbot, at an exceedingly
low price. Mr. Newton, 14, St. John's Fish Market, has; we
believe, received an abundant supply, at prices varying from
uinepence to a shilling per pound."—We are assured, that no
such article has been recently imported into Liverpool. We
are also informed, that it is not true that the Coleraine and Port-
rush Salmon Fishery has been let, as announced in a former
number of the same paper.

POLITICAL UmoNs.—At the Warwick Assizes on Monday
last, Mr. Justice Park, in the case of Forty v. Allport, said, that
political unions were disgraceful to all men who were members
of them, and ruinous to the country. As an bid man, he re-
commended all young men to avoid any connection with
them.

A hs mu OF FlRE.—Early on Saturday morning„ a dense smoke
was perceived by oneof the workmen who sleeps on the premises
of the extensive colour works of Messrs. J. and J. Taylor, Sed-
don-street. He inpantly aroused Mr. Goldsmith, the principal
assistant, who, without waiting for his clothes, fortunately suc-
ceeded, by dint of great exertion and presence of mind, in ex-
timmishing the flames before they had committed any consider-
able damage to the properly. B-ut for this prompt interference
there can be no doubt, from the inflammable nature of the ma-
terials used on the works, a moist disastrous conflagration must
have ensued.

THIF. DISPENSARIEs.—There is, it will be seen by the adver-
tisement, a vacancy among the physicians belonging to these
institutions. Dr. Nicholson, uho has held the situation of phy-
sician for sevent4rryearS, has found himself under the necessity,'
from the pressure of his private practice to resign his office into"
the hands of the committee. We understand, front gentienten'
whose connexion with the institutions has given them ample
means of observation, that Dr. Nicholson has, during his lung►
period of servitude, displayed the greatest zeal in the performance
of his 'plolessional duties, and that the committee, while they
recognise the necessity, regret the fact of the resignation of so
skilful and zealous en otficer.—Albion.

'1'141; NORTH UNION RAILWAY.—This greatfundertaking is
in rapid progress towards, completion ;.and notwithstanding the
xnany unforeseen 'and unfavourable circumstances that have,
from•Aitne• to time, retarded the works, the whole line will
probably be opened towards the end of August.• • •
CoAL-PiT Tuesda.y last, Thomas Longworth
and Joseph •Lawton, two colliers, went into the pit at Fat ti.ortho
nei:r Bolton, to makesothe repairs in the walloluring the atsvuce
of the workmen; when either trom want of caution ni taking
out the bricks and stones, or by misadventure, a great portion
of ine wall fell down with such force as to carry Lon,'rworth •
along with it out of the tub in which be stood ;'and haYingforced7-
the timber in which the:conducting rod is fastened, the• whole
was precipitated to the bottom: Lawton remained in the,tot, ;
hat when brought out, both men were dead. Lawton has left a
widow and one child, and Longworth a widuurand three children,
to bewail their less.