The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1847-03-30 00:00:00

THE LIVERPOOL STANDARD.

JENKINS AND OTHERS V. MORRIS AND OTHERS

The plaintiffs in this case, Messrs. Jenkins, are slate
merchants, in Liverpool, and they sought to recover
434 15..5d , upon a bill of exchange drawn by William
and Robert Harrison, and alleged to have been accepted
by Mr. Edward. Maundy, anc?" others, trustees of the
Clarence Temperance Hall," in this town. The defen-
dants, whom it was sought to involve as trustees, were
Messrs. Penney, Morris, and Edward Jones. The other
trustees were Maundy and Stephenson. The Messrs.
Harrison, whose names are to the bill, executed work at
the hall. They were unable to pay him the balance due,
and a bill for £34 ls. sd. was drawn upon Maundy, who
had since failed, and others of the trustees. It was drawn
and accepted, it was alleged, in the presence of all the de-
fendants. The evidence having been gone through, it
was suhmitted, on behalf of the defendants, that the bill
bound Maundy alone. A verdict was recorded for the
plaintiffs, with liberty to move for a nonsuit.
The business during the day had been so rapidly dis-
posed of, that the attornies and witnesses in several cases
called on were found not to be in attendance. In some
the records were withdrawn ; and his lordship ultimately
finding it impossible to proceed, at half-past three o'clock
commenced to try
CRIMINAL CASES.
ARSON.

James Lord, a youth apparently about 17 years of age,
pleaded guilty to two indictments, charging him with
having, at Rochdale, feloniously set fire to a plantation
belonging to Ann Taylor. He was sentenced to be im-
prisoned and kept to hard labour for one year, and to be
three times privately whipped.
James Chadwick, a younger boy, who pleaded guilty to
an indictment, for the same offence, was sentenced to six
months' imprisonment, and to be twice whipped.

•• ROBBING A • FACTORY.
Samuel Worthington and William Shuttleteorth
pleaded guilty to the charge of getting into a factory in
the night, in Manchester, and stealing various articles of
value therefrom. The prisoners had formerly been em-
ployed at the factory, which was, at the time of the rob-
bery, standing idle.

The' prisoners were sentenced to be imprisoned and
kept to hard labour for fifteen calendar months.

CHARGE OF BURGLARY.
Robert Phythian and Thomas Hignett were charged
with a burglary in the house of Ann Little, at Halewood.
The evidence adduced was far from proving that the
prisoners entered the house with a felonious intent, and
the jury acquitted the prisoners.
The counsel for the prosecution said Phythian had been
before convicted of felony.

Mr. Baron ROLFE.—I would not say that if I were you.
Magistrates have no right to commit for a serious offence
like that of burglary because a man has a bad character.
The court rose at a quarter past five o'clock.

CROWN COURT
. MANSLAUGHTER

-FRIDAY

George Fletcher Cooke, surrendered in discharge of his
bail, and pleaded not guilty to an indictment charging him
with the manslaughter of James Briggs, at Manchester,
on the 22nd December last.

Mr. Monk and Mr. Aspland were counsel for the pro-
secution ; and Mr. J. Pollock and Mr. Owens for the

prisoner

It appeared from the evidence that, on the day in ques-
tion, the prisoner was at the King's Arms public-house,
Ducie Bridge, in Manchester. He was in the house, and
the horse was standing across the footpath. The police-
officer on duty desired him to remove the horse, on which
he mounted, and galloped off, and when near Ducie
Bridge he came up to the deceased, who was with a horse
and cart. The horse on which the prisoner was riding,
knocked the deceased down, and the cart wheel passed
over his body, producing death in a few minutes.
Mr. PoLLocic addressed the jury in behalf of the pri-
If the jury were of opinion that the prisoner so
far improperly conducted himself by his negligent riding,
as to produce the death of the deceased, they must find
him guilty ; if, on the other hand, they should be of
opinion that the horse ran away with the prisoner—that
he lost the control of it, and did all in his power to pre-
vent mishief they must acquit him.
The jury after five hours deliberation acquitted the pri-
soner.

ported her helm, and put herself in a proper position at
the moment she saw the tug at a distance. Those on
board the Finn M'Coull did not see the Venice until the
collision took place, on account of her not having a proper
light. And, by the collision the defendant's vessel sus-
tained much damage. The Finn M'Coull kept the side
which she ought to do.—Mr. Nicholas Murphy, who was
in command of the steam-tug at the time of the collision
(the captain being sick), Mr. Johnson, mate, Barney
Doran, seaman, William Evans, seaman, William Ponah,
the keeper of the Formby light-ship, and Lieut. Saars-
field, of the Royal Navy, and superintendent of the City
of Dublin Company's boats, were examined in support of
the case for the defendants.

Mr. MARTIN replied, contending that the balance of
evidence was in favour of the plaintiff.
Mr. Baron ROLFE summed up. The jury before they
found a verdict for the plaintiff, must be satisfied that
the injury done to the Venice was caused by the negli-
gence of the persons in charge of the Finn M'Coull.
The jury, after a
,short deliberation, found a verdict for
the defendants.

This case lasted from nine in the morning till half-past
four in the afternoon.

ROBSON v. BROWN.—In this case, Mr. William Rob-
son, a master mariner in Northumberland, is the plaintiff,
and the defendant was formerly an attorney in the same
county. They became partners in a shipowning and col-
li9l, speculation, and fitted out a ship, the Christine

Murray, in which the. defendant had seven-eights share,
and the plaintiff, who also acted as master, the other one-
eighth. In July, 1846, the plaintiff ceased to be master of
the ship, and some dispute arose as to settling the
accounts, which were referred to an arbitrator, who made
the balance of £4O Bi. Ild. now claimed to be due to the
plaintiff. Mr. Addison, who appeared for the defendant,
raised the very singular plea that the arbitrator had by
mistake assigned the balance to the wrong party. and
produced a statement of accounts, by which that £4O Bs.
lid. was the exact amount due to the defendant.

As the statement of accounts had formed no part of the
award, his LORDSHIP said he must abide by the latter ;
and a verdict was accordingly returned for the plaintiff
for the amount claimed.

WILLIAMS V. MIDDLETON.—This action arose out of a
share transaction. Mr. Robert Williams, the plaintiff,
is a surgeon, in Merionethshire, who in 1845 employed
Mr. Hughes, sharebroker, of this town, to purchase him
some shares in the Chester and Birkenhead Railway,
which were accordingly purchased by Mr. Bentley, a con-
fidential clerk, from Mr. Middleton ; and the action was
brought to recover £149 15s. for ten of these shares, the
scrip of which had never been delivered.—Verdict for the
plaintiff. • . .

PASS AND ANOTHER V. BAXENDALE.—This was an
action to recover £149 4s. 9d., the amount of a mortgage,
with interest. The deed was produced, and a verdict
recorded for the plaintiffs.
The Court rose at twenty minutes past five.

CROWN COURT
RAPE.

SATURDAY

James liatton, aged twenty-three, was charged with
having violated the person of Sarah Grundy. The pri-
soner was found guilty, and sentenced to twenty years'
transportation.
Alexander Macdonald was indicted for having violated
his own daughter. As the principal witness did not ap-
pear, the jury acquitted the prisoner.
Peter Coulon, 23, was indicted for a rape on a child,
ten years of age, named Martha Rooney, at Liverpool, on
the 30th day of January last. He was found guilty of an
assault, and sentenced to two years' imprisonment, with
hard labour, and at the end of that time to find security,
himself in £5O and two of £2O each, for his good behaviour
during two years longer, and be further imprisoned till
such security be found.

CONCEALING BIRTH

Sarah Manse Vs:as• indicted for having concealed the
birth of a child at Manchester. It appeared, that, on the
4th of February, the prisoner prematurely delivered her-
self of an illegitimate child, the dead body of which was
afterwards found secreted in a box in her bedroom. The
jury found the prisoner guilty ; but his LORDSHIP, from
the nature of the evidence, which was altogether uninte-
resting, took a lenient view of the case, and sentenced the
prisoner to a fortnight's imprisonment only.

The JUDGE said he took the meaning of the term " nett
proceeds "to be the nett sum that came to the party. It
appeared that a portion of the oil had been sold to Messrs.
Stockdale, arid they becoming insolvent a loss was sus-
tamed by the defendants, and, under these circumstances,
it W4S contended that the payment of commission, to the
plaintiff should be made accordingly. A person who had
been in the African trade was called as a witness for the
plaintiff, and he gave evidence to the effect that the cap-
taM was to pay on the price to be paid by the vendee and
not on the actual sales.

The JUDGE gave it as his opinion, that, as to the £l7O,
the plaintiff could not recover, as it appeared he had re-

ailed to perform

with the vess(
the engagement he had made
After some discussion between the opposing counsel
and his lordship, a nonsuit was entered against the plain-
tiff, with leave to move to enter a verdict for £370, if the
court above should overrule the decision of this court.