The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-10-26 00:00:00

" TO THE DRAPERS OF LIVERPOOL.

" The Memorial of the Committee of Drapers' Assistants.
" Most respectfully sheweth,—That, in consequence of the
protracted hours of business in the drapers' shops in Liver-
pool, a preliminary meeting of the drapers' assistants was
convened, and a resolution passed that a general meeting
should be called, by advertiiement, for the purpose of taking
into consideration the best means to be adopted in order to
attain the object they had in view; and that this general
meeting passed several resolutions, which have been pub-
lished in some of the Liverpool newspapers. That, by one
of those resolutions, your memorialists were appointed a com-
mittee, with full power to adopt such measures as might be
deemed expedient for endeavouring to attain their object;
and that another resolution declared the proper means to be
by a respectful appeal to the good sense and kind feel-
ing of their employers.' Fhat your memorialists, in obe-
dience to the trust reposed in them, beg leave most respect-
fully, on behalf of the drapers' assistants, to present this
memorial, with an ardent hope that it will meet with that
attention which they think it merits; and, with such hope,
they take this opportunity of submitting the following ob-
servations. That, according to the present hours, the as-
sistants are obliged to remain behind the counter for the
accommodation of only a few customers who call at a
late hour; and the profit on the articles then sold is ge-
nerally so trifling as not to be regarded as a sufficient
ground for causing the great prostration of bodily and men-
tal energy that must naturally ensue from such confinement.
That there is no absolute necessity for the hours of business
being so contracted as they are at present; because, if it
were a general rule to close at an early hour, persons desi-
rous of purchasing would therefore call before the customary
hour of closing, or defer the purchase to the following day.
That these protracted hours, whilst they afford no real bene-
fit to the employers, are calculated seriously to injure the as-
sistants, not only by impairing their health and undermining
their constitutions, bnt by devviving theta of every opportu-
nity of improving their minds, through the medium of conver-
satiln, reading, or the attendance at public or private lec-
tures, or any place of instruction. That it has been unjustly
insinuated, that, if an additional hour or two were grants d
to the assistants, the time thus gained would be spent at the
tavern. But your memorialists indignautly repel this un-
founded aspersion ; and respectfully submit that the present
hours, by depriving them of every opportunity of better so-
ciety—by excluding them from every source whence they
might imbibe useful knowledge, rather tend to make them
resort to such places, as the only mode of recreation during
-the short interval between the toil of the day and the hour of
repose : but, that, if a reasonable time were allowed, it
might, and no doubt would, be devoted to the attainment of
those acquirements which are calculated to excite an honour-
able emulation, and which, if properly pursued, might reuder
many of them a credit to the town, and, perhaps, some of
them an ornament to their country. That every evidence
that can be adduced on this subject tends to prove that the
protracted hours of business are alike injurious to bodyand
mind; and that the continuance of such a system is neither
to be approved of nor encouraged by a humane and intelligent
community. That your memorialists humbly submit, that
in the mouths of November, December, January, and Fel -
ruary, the shops should close at 7 o'clock; in the months of
March, April, September, and October, at 8 o'clock; and
in the months of May, June, July, and August, at 9 o'clock;
and that these hours are mentioned, not in any way of dicta
tion, but are merely suggested for your kind consideration.
May it therefore please you, gentlemen, to take into early
and humane consideration, the case of your memorialists,
and grant their request, by curtailing the hours of business,
and they trust that their subsequent conduct will be such as
to prove that the boon conferred was well deserved.

Signed by order, and on behalf, of the Committee,
• "J. STANFIELD, Secretary."
The report, which was then read by the Secretar was as
follows:

lIEPOKT OF THE COMMITTEE OF DRAPERS' ASSISTANTS.
" Your committee, in reporting progress, have the pleasure
to announce that,,with only two exceptions, they have found
a willingness on the part of the employers to adhere to any
general rule that may be adopted by the trade, with regard
to a curtailment of the hours of business; but not without a
great diversity of opinion respecting the time of closing.
Inis, your committee regal d as a circumstance that may rea-
sonably be expected in a large commercial town, where there
are so many opposite interests. Some have highly approved
of the apporthinment of the hours as suggested in the me-
morial; buf•A'.'much greater number have dis'approved of
so many variations, and have argued in favour of only
two changes in the year. Among the latter, some approve of
only 8 o'clock in the winter, and 9 o'clock in summer; and
others, 7 o'clock in winter, and 9 o'clock in summer; and
others, 7 o'clock in winter, and 8 o'clock in summer. But
there are some who are opposed to any gradation in the
hours, and who think that the hour of closing should be 8
o'clock throughout the year. There are others, however,
whose sentiments are very different front those of their neigh-
bours, and who would rather the hour was fixed at 6 o'clock
all the year round, because, as they state, theme would still
be the same consumption of articles in their line of busi-
ness, and a relaxation so salutary could not, they think, be
more highly appreciated by their assistants than by them-
selves.

" Your committee deem it their duty to state that some em-
ployers have insisted that their district of the town, being in-
habited chiefly by the working classes, it is necessary that
they keep open longer than is requisite for those whose shops
are situated in the opulent parts of the town. They state
that, if the hour of closing were 7 o'clock, the poor man,
who leaves otT work at 6 o'clock, would scarcely have time to
go home and take his evening repast before the shops would
be closed.

‘• With regard to the hour of closing on Saturday, a great
diversity of opinion prevai!s. Some think that 11 o'ciock
should be the limit ; others maintain that 1.0 o'clock is suffi-
ciently late; and many insist that no definite time should be
named. Your committee, whilst canvassing, have several
times been asked, why the memorial made no mention of
Saturday night. The reply was, that 'as they had only sug-
gested the hours of closing on other business nights, they
thought it bet ter to avoid any notice of Saturday, and to leave
that to the discretion of their employers.
•‘ Your committee cannot but congratulate you and theM-
selves on having attained one important object—an acknow-
ledgement on the part of ali the employers (two only excepted)
that they are willing to adhere to any general rule or tides
that may be adopted by the principals relative to the h urs
of closing, and a willingness on the part of all, without ex-
ception, to consent to some curtailment. They ail agree in
the main point, that a reduction of the hours is absolutely
necessary, and ought to be granted. Yoour committee would
therefore suggest that a deputation be appointed to wait on
some of the drapers who employ the greatest number of as-
sistants, and request them•to call a meeting of the employers,
for the purpose of adopting some general rules respecting the
curtailment of the hours of business. By so doing, your
committee. think that you will be pursuing a line of conduct
that must be satisfactory to your employ-era and creditable to
yourselves."

The resolution and report r:Pre carried unanimously, as
were several other resolutions (inserted in our advertising
columns,) the movers and seconders of which Mess's. Schole-
field, Dauver, Jones, Trip, (of London,) Salt, Walters,
Stringier, and Rollin, addrer‘sett the meeting in support of their
object at very considerable length, and with much ability and
temperateness, the speeches of Messrs. Scholetield and Trip
especially, apart from the good sense which pervaded them,
were adorned with many of the graces of eloquent composi-
tion.

Several of the speakers also alluded, in their addresses, to
the propriety of forming a reading-room, or institution, in
which the drapers' assistants might have the means of culti-
vating thdir intellectual faculties, by means of lectures, con-
versation, and reading, and Si do away with the fear which
had been entertained that the leisure h-ours Which they might
gain would be devoted to evil purposes and idle amusements.
A collection was made for the purpose of defraying time ex-
penses incurred and to be incurred—the residue of which was
to go towards the formation of the proposed institution.
At the close of the proceedings a vote of thanks was passed
to the chairman, and three cheers given for the press.

STATE OF TRADE, MorinAv.--Trade to-day has been
almost in a state of complete stagnation, only a single buyer
being present, who was but very little disposed-to do any
thing. The yarn market is wretched, and without any pros-
pect of improvement.—Blackburn Standard.
COUNTERFEIT CotN.---An immense number of counterfeit
shillings are now in circulation, and during the last week the
tradesmen in Camdem and Somers Towns have suffered
thereby to a considerable extent. The coin in question
has the impress of the head of George 111., and bears the
date 1816.

The complaints against the exorbitant charges on the Lon-
don and Birmingham line, the total disregara of regulations
as to the convenience of passengers, and the frequent in-
stances of impertinence in the company's servants, are daily
increasing.—Warwick Advert;Nei'.

The first stone for the foundation of the monument to be
raised at Smolensk°, in commemoration of the battle of the
sth of August, 1812, has been recently laid, with great cere-
mony. Tne monument is to consist of a cast-iron pyramid,
ornamented with appropriate devices.
In an action before the sheriff, on Friday, Mr. Morton,
ironmonger, of Huntingdon, recovered the amount sought
for against a Mr. Duncan, of the university of Cambridge,
for the hire of a gun. The sum in dispute was about £3 33,
the costs to the defendant will be somewhere about £BO
Cant bridge Chronicle.

GLASGOW Urn vEnsrrY.•-The approaching election of Lord
Rector, with its accompanying bustle, is now engaging the
thoughts of the students. The candidates already spoken of,
are Mr. Colgohoun of Killermont, Sir John Herschel, and
Sir James Graham. The College is now so thoroughly Con-
serval ire, that it is likely no Radical candidate will be brought
forward this year.-6'cottish Guardian.

THE BAGGAGE!—A controversy is now going on among
the evening organs of the 'ministry touching the baggage of
the autocrat of all the Canadas. It is agreed on all hands
that sonic of his vice-Majesty's domestic servants have re-
turned ; but the return of the baggage is furiously disputed
—some of the papers affirming that large quantities of it
have arrived, and others declaring that not a trunk of it has
yet been shipped.

During the last week, whilst ploughing a field beloning to
mouse
Richard Finch, Esq., at Headington, near this city, a
was turned up, and of course killed. The labourers, however,
were tempted by curiosity to proceed till they arrived at the
nest, where, it will be hardly credited, they found upwards of
23 scores, or more than 460 beans and peas, chiefly the former,
deposited very carefully as the winter stores of the unfortu-
nate little quadruped.—Orford Herald.
The Bang Up coach from Worcester to Wolverhampton
was upset on Sunday morning at the Cross, Worcester, im-
mediately after starting from the Unicorn inn, in
consequence
of the snapping asunder of the hind axle. There were
several outside, passengers, two or three of whom received
severe contusions, but none, it is hoped, of a very severe
nature, the whole being able to proceed on their journey as
soon as a fresh coach was procured.
PARIS GOURMANDERIE!—A fellow, • who, it appears, had
for some time followed the regular trade of cat-hunting in
the streets of Paris, with two large dogs to kill his game,
was arrested on IrVednesday night in the rue de la Pupintere,
and conducted to the prefecture of police for the offence.
His " game bag" was already stored with half a score tab-
hies and ton-tulles, who might next day have re-appeared en
gibelotle at many a traiteur's outside the barriers.

An order has been issued to the proper officers in Notting-
ham and throughout the county to charge the owners who
use dogs in drawing trucks with. the dog tax. This is very
proper, and should become more general, until some legis-
lative act is passed to lessen the danger arising from dogs
becoming rabid, of which there have been lately many (right-
ful instances.

FRIDAY MORNING, OCT. 26, 1838.

(*' The Publication of the STANDARD commenced this
morning at 5 ►►'clock.

TUE "Two Trrur.Ans."—A fierce controversy has
been commenced in Ireland between the "titular"
Popish bishop of Tuam, and the " titular" of Dublin,
Dr. Murray. The subject of dispute is, the national
s)stein of education adopted' in Ireland, Which is
strongly defended by the Dublin hierarch, and as
strongly opposed by the usurper of Tuam. The quar-
rel is a very pretty one as it stands, and affords ano-
ther very striking proof of the boasted unity of the
infallible mother church of Rome. We earnestly hope
that this schism between these apostate bishops may be
the means of promoting the truth, and of showing to
the world the hollowness and the absurdity of the pre-
tensions to indefectibility made by the Church of
Antichrist.

The Dublin papers of the present week contain two
long epistles from these apostate fathers—the one
from Dr. Murray, addressed to the (Roman) Catholics
of Ireland—the other from Johnny Mgiale; addressed
to Lord John Russell Both of these letters are preg-
nant with instruction, and justify a some what ex-
tended notice of their contents.

As an apology for his previous silence in reference
to Mr. M'llale's attacks upon the Irish system of na-
tional education, Dr. Murray asserts that it was stea-
dily advancing over the country—that it was settled
in every (Roman) Catholic diocess of the kingdom,
With the permission of all, and the zealous eountenance
of almost all their prelates=that it held out to an
important, though hitherto neglected class of the com-
munity the advantages of a highly improved education,
without interfering with their religious opinions—
that a public and indisputable evidence of its perfect
freedom from danger to their religion was to be found
in the fact that their own zealous clergy were anions
its most efficient supporters—that more than eleven
hundred Catholic clergymen, many of them bishops,
were among the successful applicants for aid towards
the building or maintenance of national schools—that
the experience had of the fruits produced by those es-
tablishments gave a new impulse to their zeal fin- the
wider extension of the important benefits whiCh they
were diffusing among their floCks—and that iiew'claims
were constantly pouring in upon the commissioners
for further aid. These circumstances Dr. Murray al-
leges as sufficient reasons for being satisfied with the
system, and for declining to notice the attacks of Dr.
Mr. Mg-Tale. If what the titular cf Dublin has stated'
on the subject be true, it would indeed Le a wonder

that he should be, in any measure, dissatisfied
with the system. It offers no violence to the
religious belief of the Papists—every thing which
might give them any offence is carefully smoothed
down or obliterated from its books—the whole machi-
nery is fraught with "important- benefit's". to the 'IZO•
man Catholic flocks; and the Priests eagerly appro-
priate the whole of the funds in dispensing these
"benefits." From all this it as evident as daylight
that Dr. Murray, at least, considers the system favour-
able to the growth of popery, especially when lie
states that, " after an intimate acquaintance s it h the
working of this system for nearly seven years, he i 0
discovered in it no source of danger to the Catholic
religion:" Every expression calculated to bring hi'
"craft into danger" has been most scrupulously ao`i
unhesitatingly excluded from the authorised forms of
instruction adopted in the national schools. The most
ample and unlimited concessions have been made on
behalf of the Protestant commissioners, until there
has been nothing more to be demanded on behalf of
the Papists. The system harmonises most perfectly
with the whole theory and practice, doctrine and disci'
pline, of Popery. It is such that "'eleven hundred
Roman Catholic. clergymen" are 'enraptured with it,
whilst the Protestant clergy, with some very trilling
exceptions, have kept entirely aloof from it. No won-
der, then, if these things be true, that Dr. Murray
should be perfectly " satistied".with the working of
this system of education.

Dr. Murray seems to take especial pleasitre in re"
iterating the expression of his conviction that the
Irish system of education is not, " in any manner:
hostile to the religion which he holds dearer than life:
He says, that it will " continue wholly free from dan-
ger to the (Roman) Catholic religion, as long as the
zealous pastors of the Romish church' Will continue
to do their duty," and that "it will be their fault if
any undue tampering with the religion of the children
be permitted." How completely does this declaration
.
set at rest the foolish hopes of those weak-winded
Protestants who have been lookin for some
„contia;
gent advantages to the besotted
Popish pOpulatiat

Ireland, from the introduction of this system—who
have deluded themselves into the vain belief that it
will pave the way for the ultimate conversion of the
Popish flocks from the errors of their ways. Dr.
Murray, and his "eleven hundred clergymen," will
take precious care that the system shall work bene-
ficially for the interests of the " Holy Mother Church."
In proof of the general concurrence of the Popish
Bishops on the subject of the national school system.
Dr. Murray states, that he received " numerous an-
swers" to his applications on the subject, to two Of
which he particularly directs the attention of his Ro-
man Catholic countrymen, as coming from " those
districts in the North, where Protestant prejudices (I)
'""t supposed to be in full vigour, and where, if any
cwnger to their religion lurked in the system, it could
not fail to be soon called into ruinous activity." These
replies are from the Roman Catholic Primate of
Drogheda, Louth, Armagh, and Tyrone, and from the
titular Bishop of Down and Connor ; and both of
them are expressive of the most perfect satisfac-
tion with the working of the system, and especially
With its friendly tendency towards Popery.
In a subsequent part of this letter, Dr. Murray,
after enumerating the rules enforced by the commis-
sioners on the subject of religious instruction, pro-
ceeds to state in what manner these rules may be con-
sidered as unobjectionable in the opinion of the Popish
clergy. He says, that " the pastors, in whom the
ever faithful Catholic people confide for the religious
instruction of their children, have unrestricted liberty
to explain to them and impress on their minds, even
within the walls of the national schools, every article
of their faith, and every principle that should regu-
late their moral conduct." What more gould be de-
sired ? There is no restriction whatever placed upon
the interference of the Popish priesthood—the schools
are, to all intents and purposes, Romish seminaries—
endowed out of the national funds, to which Protestants
contribute at least three fourths,—and they are, ac-
cordingly considered the fittest instruments within the
reach of the Popish hierarchy, for perpetuating the
spiritual slavery of the Irish peasantry, and thus se-
curing the ascendancy of the Papacy. What more,
We ask, can be desired ?

With respect to the alleged influence of the Pro-
testant members of the Board of Education, Dr. Mur-
ray is at some pains to rebut the objections of M'Hale.
While he is lavish of his praises upon his Protestant
coadjutors, he acknowledges that "it would undoubt-
edly give more confidence to the Catholic body, as well
as diminish the responsibility of the present Catholic
commissioners, if a larger proportion of members of
their communion were introduced into the Board:,
There does not, however, appear to be any substantial
ground of complaint. The Papists and Protestants
work together with a marvellous degree of harmony.
he'l latter are pronounced " gentlemen of truth and
honour," who "entered the Board with the distinct
understanding that the utmost freedom of conscience,
without the least inteferfence with the religious opi-
nions of any, should bd secured throughout every
branch of the institution." With such yielding and
pliant characters,—with such conciliating, liberal, and
conceding Protestants as fellow-workers, it is no won-
der, as Dr. Murray observes, that " the Catholic
members have never been allowed to feel their infe-
riority in number." How should they, when every
thing has been arranged to their own liking, and while
nearly all the schools are under the direct and indivi-
dual controul of the Popish priests ?
The laboured panegyric in which Dr. Murray pour-
trays the amiable points in the character of his digni-
fied fellow-commissioner, Archbishop Whately, must
Certainly be considered as very complimentary to a
Protestant prelate, who has SWORN, with all solemnity,
to "drive away all heresy" from among the people of
his charge. Dr. Murray says, that this " exalted dig-
nitary" did several years ago," while rector of a parish
in England, give publicity to certain erroneous no-
tions, which he had been led to form of the Popish
creed,' from the insidious and deceptive statements of
an apostate priest." But, under the genial influence
of an essentially Popish atmosphere, it appears that
Dr. Whately has repudiated his "erroneous notions,"
for we are told by Dr. Murray, that " his high station
has/not been degraded, as it formerly was," when he
Drenched against Popery,) "by fiery charges against
those who were represented as having a church without
a religion." We wish Dr. Whately joy of this flatter-
ing testimonial to the fidelity of his ministry, and to
the strict fulfilment of his ordination vows.
" But," says Dr. Murray, " it is said that his Grace,
and his associate, the Rev. Mr. Carlile, have contrived
to infuse the poison of religious error" (that is, as we
should say, wholesome Protestant truth)" into the
hooks published by the society." Dr. M'Hale dis-
tinctly charges the Board with this " infusiOn of poi-
son" into their accredited formularies. How does the
titular of Dublin answer this very serious charge ?
His reply is instructise. He says that he holds him-
self equally responsible with the other commissioners
for every thing contained in those books; but acknow-
ledges, at the same time, that " mistakes may have
crept" into them. By " mistakes" we are of course
to understand any texts of Scripture which unfold the
leading truths of the Christian scheme, or which serve
to slim the errors of the great fore-doomed apostacy.
With this saving acknowledgment he is content to
add, that if " any one should prove to him that those
books contain any error at variance with the Romish
faith, be would at once cause it to be expunged, with-
out dreading the least opposition from any member of
the hoard." While armed with such sweeping expur-
gatorial powers, can any one wonder that Dr. Murray
Should continue to be satisfied with the system ? But
what shall we say of his strange forgetfulness in con-
fessing that the Holy Scriptures contain matter " at
variance" with the Popish faith ?—for such is the only
inference which can be legitimately drawn front the
language which he employs. Dr. .M'Hale complains
that the pruning-knife is not sufficiently employed in
cutting down the Scripture extracts—that many pas-
sages are retained in the books sanctioned by the,bnard
which ought not to be placed within the reach of the
People. Dr. Murray replies, " Point out those pas-
sages which you conceive tube at variance with our
faith, and I will cause them to be at once expunged—
for I can assure you that they only crept in without
having attracted my notice." The admission is of
importance, as is also the following:—" It is, more-
over, to be distinctly understood that the commission-
ers do not require the books which they have published,
nor any of them, to be used in the national schools,
Provided other useful and unobjectionable hooks be
supplied." Does it not appear, from this admission of
• one of the commissioners—the one who is invested
With the " expunging" dispensation—that it is a per-
fect farce to have any books at all provided by the
Board, as long as there is no rule to enforce their
adoption by any of the schools, and as long as any
other' books may be substituted at the option of the
Priest ? What these other " useful and unobjection-
able books" are, it is not difficult to conjecture. We
may rely upon it that they are such as can give no
Possible umbrage to the Popish priests. We shall,
Probably, be enabled to throw some some light upon
this subject ere long.

That the Irish system is in perfect accordance with
VII views of the Popish hierarchy we further learn
from the declaration made by Dr. Murray that he
never yet offered an objection" to anything in
the religious extracts of the Board " which was not
Promptly attended to." Can any one have the hardi-
hood, after this, to deny that the scheme is essentially
subservient to the Popish priests ?
Respecting the Scripture lessons, we are informed,
1.11 Dr. Murray's letter, that they "were formed on an
Improved plan of what he suggested to the commis.
'qoners of education inquiry twelve years ago." Here
again, we have a distinct acknowledgment of the Po-
Dish origin of the Irish system of education. Again,
he says, that "they are not strictly conformable to any
Previous English version, but are translated from the
Hebrew and Greek editions of the sacred text." Will
our liberal contemporaries, after this, venture to assert
that the Irish extracts are taken from the authorized
version? What will they say to the following, which
!e quote verbatim from Dr. Murray's letter—" The
new translation differs often in immaterial points,
(mark the distinction,) from our Douay version ;
hut in no point affecting faith, or morals, does it differ
In. meaning from the Latin vulgate." How accom-
nlodating have the other commissioners been ! The
191 Proved version differs on no material point from the
'4 aim vulgate! What more, we again ask, could have
been deskest by the Papists ?
s'-'Yet, even this very accommodating version " may

be rejected by the managers of any of the national
schools, without breaking off their connexion with the
board—they are at perfect liberty to do so." So we
are informed by Dr. Murray. What. a farce, then, is
the system altogether. It is high time that this ex-
pensive delusion should be abolished by Parliament.
It is plain that Government can have no controul
whatever over the dispensation of the funds toted for
the purposes of instruction in Ireland. The money
may be altogether employed in teaching Popery.
Away with the fraud!
Amongst others -of Dr. MeHale's objections we
find that drawn from "the quality and supposed duties
ofdistriciinspectors," of whom the majority, according
to the titular of Tuam, are Prostestants. What says
the other titular ? He says—" Of this assertion the
reverse is the fact." The majority of the inspectors
are acknowledged most distinctly to be Papists !

Dr. Mc'Hale's letter claims a second article on this
subject. Before we close for the present we would
have the electors of Liverpool to reflect that the system
which Dr. Murray has described in his letter is the
system adopted in the Corporation Schools. The
committee have distinctly stated that they have intro-
duced the system, especially as regards its scripture
lessons. How those lessons have been drawn up Dr.
Murray has informed us. Are the electors of Liver-
pool satisfied that such a system—so benefiCial to
Popery—should be perpetuated in this town ? Let
them answer this question at the 'listings on Thursday
next. Let them prove to our Radical contemporaries
that "the school question is NOT set at rest for ever"
—and that it never will be so until the Irish system is
banished from the Corporation Schools.

THE REV. JAMES ASPINALL.—In our last publica-
tion we introduced a few cursory observations relative
to the recent conduct of this gentleman, who had, as
most of our readers are aware, been. presented with a
piece of plate by the teachers of the South Corpora-
tion School, " as a testimony of esteem for his unwea-
ried and zealous attention to the religious instruction
of the Protestant children connected- with that esta-
blishment." Remark! that the wordsbetween inverted
commas are copied literally from the Chronicle, with
whom Mr. Aspinall is on terms of the most perfect in-
timacy, and whom he is suspected of occasionally as-
sisting in an editorial capacity. It is more than pro-
bable that he may have penned the introductory re-
marks himself, for we hold the consistency of our radi•
cal contemporary in too high esteem, to suppose, even
for a moment, that he would approve such base treach-
ery as that displayed by Mr. Aspinall towards the in-
terests of the Protestant Church. We are not aware
that any bargain was entered into between his reve-
rence and the teachers, most of whom are indebted to
him for the situations they hold, but it is very likely
that the " coffee urn" was purchased with the money
derived from a kind of tribute or commission paid by
these unfortunate schoolmasters. However, that it was
presented there can be no doubt, and it will, accord-
ing to the Chronicle, "cause his children to hold in
remembrance the virtues of one who dared to be ho-
nest in the worst of times." But alas ! what will he
its reproof when religious feeling has a more power-
ful influence upon the public mind than at present?
Will it not' recall to recollection and to shame the de-
grading fact, that it was given as a mark of approval
by an infidel and Popish faction for his disregard of
the oath administered to him at his ordination ? Thirty
pieces of silver was the price for which Judas betrayed
his Master—a mess of pottage was the reward of
Eaau's ingratitude—and a " coff.le urn" is the recom-
pense of Mr. Aspinall's services. The address which
was presented, and the reply which followed, both re-
cognise this fact, that at the time when the Irish sys•
tem of education was adopted in the Corporation
Schools, Mr. Aspinall stood alone, single-handed, op-
posed by the whole of the orthodox clergy of the town.
This-pleasing circumstance we have had frequent oc-
casion to record, and every time with feelings of ad.
miration of the firm and uncompromising opposition
manifested by our reverend Rectors and the great body
of the clergy to the introduction of this unholy sys-
tem. And we would ask any reflecting mar, what
pride Mr. Aspinall can have in being singular in such
matters ? Are not Rectors Brooks and Campbell as
-profound in learning, as conversant with the spirit and
tenor of the gospel—as elevated in intellectual acquire-
ments—as high, in scholastic attainments—as rich in
gifts and as distinguished for piety—as the minister of
St. Luke's and the chaplain of the CorporatiOn
Schools ? Are not Messrs. Buddicom, Tattershall,
M'Neile, Oald, and many others, as able ministers of
the New Testament us Mr. Aspinall himself ? Is their
zeal less warm—their reasoning less powerful—their
love to their master less strong ? Let their churches
answer ! The testimony of thousands has already con-.
firmed the Opinion we have frequently expressed, that
the ambition of being singular is •not always judicious.
And now, mark the result The new system gave
equal privileges to the Protestant clergyman,.the Ca-
tholic priest, the Unitarian minister, and any other of
the various sects, to instruct the children in .their re-
spective creeds. All were to harmonise in favour of
this national system, and, with one exception, all are
agreed. But who has produced this delightful state of
things ? Who lots been rewarded as the chief instru•
ment in effecting- so pleasing an association ? Who
but the Rev. James Aspinall, an ordained minister of
the Established Church of England ! No matter to
him that the priest of Baal was present, indulging his
unholy rites—no matter that the Catholic priest was
there, explaining and enforcing the cursed doctrines of
his apostate church, and poisoning the minds of the
children with the impurities of Dens—indifferent to
him whether the Unitarian was pouring contempt on
the divine authority of his Master: all were to be made
subservient to his ambition, and a "coffee urn;" just
tribute! now rewards his exertions. '

RADICAL LIBERALITY.—Some of our readers are
probably aware that a public meeting was recently con-
vened, by placard, of the electors of St. Paul's ward,
to take into consideration the best means for securing
the election of Mr. Christopher Rawdon. As the
meeting was, in every sense of the word, a public one,
several conservatives, having votes in the ward, con-
ceived that they were at liberty to attend. However,
it did not suit the " liberal" gentry, who wish' to mo-
nopolise the whole representation of the town, to al-
low the conservatives to have any insight into the pro-
ceedings of the meeting ; and, in accordance with this
feeling of the inconvenience of having any conserva-
tive witnesses present, the exemplary " reformers"
proceeded to turn the tories out of the room. Amongst
others, a shoemaker, resident in the ward, and having
a vote, was struck down, In wally dragged through the
crowd, and thrown down stairs. If such conduct is to
be considered as a prelude of what may be expected
on the day of election, we hope the authorities will
make the requisite provision for preserving the public
peace. Such behaviour can scarcely be called "libe-
ral," unless it be in the sense that no charge is made
for blows. The ccnservatives, however, have it in
their power to resent the insult, by kicking out Mr.
Unitarian Rau•don.

THEATRE ROYAL—Mr. and Mrs. Wood have been play-
ing during the week to very good houses at this theatre, a
round of ()perm ic pieces, ‘• Fra Diavolo," " La tionnambula,"
&c. Mrs. Wood's exquisite voice is still as great an attraction
as ever.

Ma. ROSE, THE BARD of Col.oun.—We are glad to find
Mr. Rose, the bard of colour, has received some very flatter-
ing notices from several distinguished individuals, among
whom, we understand, are Lord John Russell, J. Pease,
M.P., PoulettThompson, Req., £LP., and "last, not least,"
the celebrated Lady Blessington, (ever foremost in the en-
couragement of literary aspirants,) all of whom have sever-
ally written to him, expressing their gratification with his co-
ronation poekn.—Monchester Advertiser.
Sn PWRECK OFF SOUTIIPORT.-011 Monday morning last,
at daybreak, a brig was seen on shore on the Horseback,
short distance from Southport, on which she had struck du-
ring the night, and almost instantly filled with water. -The
crew, which consisted of the captain, nate, and three seamen,
fortunately escaped, the captain and two seamen in a most
miraculons manner. On the vessel filling with water, the
mate and one seaman got into the small boat, aml before the
captain and the other two seamen could get over the side of
the vessel the boat drifted away, and it was found impossible
at that time to pull her up again. The captain and the two
seamen were left on the wreck, as the only alternative to pre-
serve their lives, let down a small skiff belonging to the brig,
and which was so small as to be considered by the two men
who had escaped in the boat as quite incapable of being the
least assistance to them; they, however, succeeded in landing
at Lytham, but not without being capsized in about five feet
of water. They were soon rescued from their perilous situa-
tMn by some Lytham boatmen, who brought them safely on
shore. In the mean time several well-maimed boats had put
off from Southport, under the direction of Captain W. Ball
and the two seamen who escaped in the boat, the wind blow-
ing a complete hurricane, to render assistance to the captain
and men, whom they supposed to be stilt on the wreck. On
reaching the bank, and finding no person there, the boats put
off to Lytham, where the unfortunate mariners met, and
gladly recognised each other. The name of the vessel is the
Edward, of Ulverstone, bound from Drogheda to Lancaster,
with a cargo of meal, barley, and peas. Part of the rigging
has been saved, but it is feared the cargo will be a total-loss.
Much praise is due to Captain Ball for his manly and humane
exertions in behalf of these shipwrecked mariners.

COURT OF PASSAGE.-WEDNESDAY.

(Before CHARLES CRO➢IPTON, Esq., Assessor.

LYNN V. BEALE.-TRIAL WHETHER OR NOT A WOMAN BE

M Itb lED.

Mr. Venables appeared for the plaintiff, and Mr. Murphy
for the defendant.

Mr. VENABLES stated, in this case Geo. Frederick Lynn
was the plaintiff, and Elizabeth Beale the defendant. The
action was brought to recover from the defendant a sum of
money for the sale of furniture. The only question they
would have to try. was, whether or not the defendant was a
married woman. The affirmative lying with the defendant,
Mr. 11lutiPtnY opened the case. In this record the defendant
did not dispute the supply of the goods. The only question
would be whether Mrs. Elizabeth Beale, at the time the goods
were supplied to her, was still a married woman. It of
course lay with them to state the circumstances which in-
.duced them.to believe that there was no doubt that the de-
fendant was married to a person of the name of Beale. He
should call witnesses %Om would prove, that though Beale
left this country ten years back, yet he was recently seen in
London, within seven years, and unless the plaintiff could
prove that the man was dead, he should be entitled to their
verdict, under the direction of the assessor that the defend-
ant was not entitled to pay for the goods furnished to her.
The amount of debt to recover, was agreed to be £25 los.
John Clarke, plumber and glazier, in this town, affirmed
that he knew Mrs. Elizabeth Beale, and knew her to be mar-
ried to a person named Beale, and they lived together as
man and wife, and were reported as such. They were mar-
ried in 1820. Ale believed they had children. Ile recol-
lected Mrs. Beale's husband leaving Liverpool eight ornine
years ago, and going to America. He had examined the
register of St. Thomas' Church, and found that the marriage
of the defendant with Joseph Beale was there entered.

Cross-examined by Mr. VENABLRS.—Mre. Beale was
living in Union-street, and carrying on the business of a
lodging-house keeper, which she had done for several years.
The name of Beale wss on the door. He had not heard that
she had made an assignment, but he knew that she had a
sale in her house.

John Rodgers, American passenger agent, deposed that
he knew Joseph Beale several yeats ago, in Liverpool, and
he was reputed to be the husband of Mrs. Beale. He had
seen Mr. Beale in London in the spring of 1834 or 1835; he
could not tell which. He had called on him witness) at his
provision store, No. 1, East-street, Smithfieln, to buy provi-
sions to go to New York. He (witness) had been to New
York frequently, but this was seven or eight years since.
Mr. VENAIII.ES, for the defence, contended that in a plea of
coverture it was the duty of the defendant to give every evi-
dence in their power. He was of opinion that the evidence
was ton slight to prove the coveture. A year or two ago the
defendant had made an assignment, and, if she was a mar-
ried woman, she committed a fraud on that occasion. This
would induce the jury to look with much suspicion on the de-
fence now set up. She ought to have stated what her situa-
tion was ; and it was clear that this was a story trumped up
afterwards.

Mr. MURPHY said if his friend could not make out any-
thing else than that Beale was alive five years ago; he must,
on his own showing., be con-,cited,
The ASSESSOR said, Mr. Venahles must do as he liked ;
he (the Assessor) must state the law to the jury.
Mr. VENABLE:S then called

Mr. Penn, who deposed that he was in the employment of
Mr. Lynn, the plaintiff. lie had called on the defendant
for the debt, and she said she was not prepared to pay. She
hoped Mr. Lynn would not he harsh with her, as she was a
"lone °man," and everything depended on herself.
Cross-examined.—She never said she was a single woman.

Thomas Blain proved that he was one of the jiarties who
executed a deed of assignment, and took possession of Mrs.
Beale's property. Th,, defendant executed the deed as Eli-
zabeth Beale, on the 31st of March, 1836.
Cross-examined.—She never represented that she was
single.

Mr. MURPHY, in reply, said this had been made a case of
morality, So far as that went, no man of considerate mind
but would say that the defendant had liquidated every demand
to the utmost, surrendering every farthing. But this was
not an issue of morality. lie was bound to tell the jury that
the law said that the presumption in favour of life was so
strong, that showing the existence of a party in life, to within
seven years, showed that he was living; and that those who
wished to put away the presumption should show at some
fixed period the death of the party.
The Assussoa, in summing up, said he need not tell the
jury that they were not to take into consideration the hard-
ness of the case. It was a very important rule of law, the
time when life was presumed to last. If they believed the
evidence, they must be satisfied of the life of Beale. The
question was, had the defendant brought herself within this
rule of law? It was a very-scandalous thing that a person
should be holding herself out in this manner as unmarried;
but that was a question with which they had nothing to do.
Suppose the jury were to decide against the evidence, they
would be doing no kindness to the plaintiff's, as they would
only heap fresh costs upon them for a new trial. There was
no evidence to prove that he (lied within the time of law,
and the life was proved. Ile was bound to say to them that
they ought to find that the defendant was a married woman.
The jury found a verdict for the defendant.

The Assessor, said it was a very disagreeable duty to have
to perform, but they must abide by the law.
Mr. \TEN ABLE'S said it was a kind of notice to the public
about dealing with the defendant.
The Court adjourned at four o'clock.

THURSDAY.
HOPK INSON V. ',HUM AS.-BLISTERING HORSES,

Mr. Murphy appeared for the plaintiff, and Mr. Cutting-
ham and Mr. James for the defendant.

Mr. MuliPliY, in opening the pleadings and case, said, in
this case George Hopkinson was the plaintiff, and John
Thomas the defendant. The declarator stated, that in the
month of October, 1837, the plaintiff employed the defendant
in the character of a veterinary surgeon, to treat a horse of
his, and to blister his legs; and by his bad treatment the
horse was damaged, and, contrary to his implied promise,
the defendant did not use proper skill in the treatment. To
this the defendant pleaded, first, that he did not so promise;
that he did not accept the retainer; and, secondly, that he
did use proper care and skill in treating the horse.
It was neeessary,for him to tell the jury, that with regard
to the treatment by a surgeon of any human being, the medical
practitioner who undertook the treatment was bound, in so
doing, to use proper skill. When it was shown that he had
made use of that, no one could expect more. The same law
held good with regard to the treatment of horses. But if
they should show that there was neglect, they would be en-
titled to compensation,iaccording to the damage. The plain-
tiff, Mr. Hopkinson, was a coach-builder, in Liverpool, and
some time during 1837, he purchased a horse of Mr. Law-
rencee the proprietor of an omnibus, runninz between Liver-
pool and Aighorth. Mr. Lawrence, when driving his horses
in the omnibus, attracted the fancy of a gentleman with one
of them. Mr. Lawrence valued this horse at £5l), and a
bargain was finally stmck between them for the horse, the
gentleman to give £25 and his own horse, for Mr. Lawrence's
horse. After the exchange, Mr. Lawrence then worked this
horse in his omnibus, when a contract was entered into be-
tween hint and the present plaintiff, for the same berseeMr.
Hopkinson purchasing it for about £2B. Mr. Hopkinson did
nut intmediately remove the horse from the care of Mr. L.,
and whilst its Mr. Lawrence'e ca re, a gentleman saw the horse,
and offered to give £4O for him, but Mr. Hopkinson thinking
the horse of greater value refused to part with him on these
terms. In the month of October Mr. Hopkinson was going
to London for about two months, and thought it better not
to let the horse lie in the stable, but that it was desirable to
turn him out to crass anti as a preliminary it was suggested
to him, as a usual habit, on taking the shoes off, to have h;s
legs blistered to strengthen them. Mr. Lawrence kindly
offered to do this fot hint, but Mr. Hopkinson setting great
value on the horse was determined to spare no expense and
ea re and ordered him to be sent to the defendant, Mr. Thomas
the veterinary surgeon. The horse was accordingly sent,
and had been two or three days under treatment with this
blister, when Mr. Lawrence taking two horses to be shod
there, observed that the horse had received a blemish on the
knee. The servant immediately told Mr. Lawrence that the
horse had got a haunt' knee, Mr. Lawrence then went to Mr.
'Thomas and enquired of him how this injury had happened ?
Mt. Thomas then said he did not think it would do him
any harm. Mr. Lawrence said it was broken and would render
the horse of less value. "If it be," said Thomas, "it is
my d—d lad who has let him kick his knee against the man-
ger." The horse was tied with Isis head to the rack, and it
was quite evident, when an animal had his head so tied that
he could not reach his knees, when the irritation from the
blister began, he would strike up with his feet and endeavour
to ovetcome the irritation, by rubbing his knees against the
nearest part he could reach. And that was the ground of
negligence the plaintiff charged. They said the defendant
was guilty of negligence in tying the horse in that way : that
he ought rather to have been put in a loose manger, where
he could not hurt himself, or his position in the stall to have
been reversed, by tying his head up to the bastions; and
thus when he struck up with his fore feet from irritation, he
would have nothing to oppose him, and cause injury
to his knees. That was the course which ought to
have been pursued. he was hound to say that the
joint of the knee was not injured so as to cause stiff-
ness, but, the mark of the sear which remained, had
materially deteriorated the selling value of the horse. A
broken knee indicated such unsafeness in a horse, that when
he was put up for sale he would not obtain near so much, with
such an indication, as if free from blemish. In order to test
this, when the horse was recovered, and had a white mark on
his :nee, it was sent to Mr. Lucas's, and there put up fur
sale; and although the circumstances were stated which
caused the blemish, only two persons were found to bid for it,
—hackney coachmen—one of whom hial £lO., and the other
£l4. la was, therefore, evident, that this blemish rendered it
impossible for the plaintiff to realize a fair prafit on the ani-
mal. He should call witnesses to prove these facts; his friend
would also probably call witnesses to endeavour to refute them,
and he should have an opportunity of reply. He thought
they would hardly say, when a positive injury had occurred
which might have been avoided, that such deterioration
of property was a matter for which compensation in
damages ought not to be given.—He called Mr. Thos.
Lawrence, coach and omnibus keeper, residing at Al-
bany Villa, near Aigburth, who deposed to knowing the
plaintiff; and that in the autumn of 1837 he swapped
a horse of his worth £5O with a gentleman, receiving
another horse and £25. He valued the horse he received at
£3O. Ile was then in poor condition. Ile afterwards sold
this horse to Mr. Hopkinson for £25 as a favour, what it bad
cost him. In the month of October, before the accident to
him, he should say the horse was worth £50., and was at the
.present time worth it but for the blemish. He recommended
Mr. Hopkinson to turn him out to grass, and first send him
to Mr. 'Chows to get blistered, and he was accordingly sent
from his place to Mr. Thomas by Mr. Hopkinson, s orders
on the 7th of October. He saw the horse three days after
at Thomas's with a blemish on his knee, and the leg was very
much swollen. A light discoloured bloody froth was work-
ing out of the blemish from a kind of scratch. He saw Mr.
Thomas and asked him huw he came to let the horse blemish
himself in that way. Mr. Thomas said he (lid not think it
would be touch, and they walked together into the forge
where the horse was tied to the rack. He (witness)
told Mr. Thomas that he would find the blemish was one
for life. He (Thomas) then said, it was the fault of his
damned stupid lad, that the had let hint knock his knee
against the manger. He (witness) told him, he ought to
have prevented it. The horse came back to his place in
November to go to grass, and there was then a scab on the
knee, from a wound, not from a blister. Some ointment was
sent to dress the wound. The horse remained altogether
about three weeks under the treatment of Mr. 'Thomas.
Eight or ten days, in his judgment, was a sufficient-time for
a horse to .rentain under treatment for a blister. There was
a charge for keep and treatment for 21 days. He recollected
being at Lucas' Repository when the horse was put up for
sale, and the highest bid for it was £l4 55., for which he was
bought in. He believed it was not the intention to sell him,
but only to ascertain what he would sell for. Mr. Thomas
told him the horse had been tied to the rack, and pointed to
the manger,and told him he had injured himself by knocking
his knee against it. In his judgment, the proper mode to
treat a horse, was to turn his him round, and tie his head to
the bastions, or, if he was not reversed, to tie his head to
pillars in the centre of the stall, so that he could not injure
his knees, this tatter plan was sometimes pursend, as they
could not approach the manger, and some horses were quieter
with their heads towards the manger, than when turned
round. He had been in the habit of knowing and treating
horses thirty years, and had blistered a great many its his
time, and had blistered sotne very lately.
Cross-examined.—To his knowledge and experience, the
custom. the proper treatment, was to reverse the horses when
blistered on the fore legs. That was the safest way; and if
a professional man adopted another practice, likely to damage
the horses, it was a bad course.

Mr. COTTINGRAM.—But is it unprofessional so to treat
horses when blistering ?

Witness.—l mean to say to tie them to the rack is a very
bad practice ; I won't say anything about the profession ;
they will profess anything (Laughter.)

The witness was then cross•examined at great length, to
show that when the horse was turned into the field, the other
horses drove him over a low rail fence, which he leapt, and
in so doing injured his knee by knocking it against the rail,
as the wound in the knee broke out again on the following
day. The witness produced a stake the height of the rail,
from which it appealed that it was only 16 inches high, and
the rail had not been knocked down,
George Bentham examined.—Was formerly in the em-
ployment of Mr. Lawrence: first observed the injury to the
horse's knee in those stables, and told his master, who went
to see him. He had seen horses blistered on the fore legs;
he had seen them tied both ways, with their heads turned
round to the back end of the stall, (their heads where their
tails should be), and also tied up to the rack. In his opinion
the safest way was to have then► tied with their heads at the
back of the stall.

Alfred Bagnall examined.—ls a veterinary surgeon, and a
member of the college of surgeons. He had seen the horse;
he had a large blemish on his knee. He had bee❑ in the
habit Of blistering horst.S-.-- in-hisjudgment, the proper mode
of tying a horse, while under the treatment of blistering on
the fore legs, was to turn him round in the stall to prevent
his hurting himself. Ile could not then injure his legs;
there was nothing to kick against. The blister irritated the
legs where applied, and the horse was apt to kick.
Cross.examined,—A horse under treatment ought to be
turned round about 36 hours. The necessity for this would
depend on the strength of the blister and not on the
temper of the horse. It was his practice to turn them round.
Peter Burns, livery stable keeper. Had been in the habit
of seeing horses blistered, and in his opinion, the proper way
to fasten a horse under this treatment, was when turned round
in his stall, to prevent him from hurting himself.
Cross-examined.—lt was not common to tie a horse to the
rack under such treatment, as to reverse him. The practice
was to reverse him.

Thomas Preston examined.—Had had 43 years experience
among horses, and had been foreman to a veterinary surgeon
13 or 14 years, and had also been servant to Mr. Briscoe. He
had both blistered horses, and had seen them blistered by
the farriers. He had seen them blistered by Mr. Wilson,
Mr. Waring, and Mr. Briscoe, and the horses were always
tied reversed in the stalls, by orders of those veterinary sur-
geons, or their apprentices.
Cross-examined.—Had lost his place tinder Mr. Briscoe,
because folks liked to see fresh faces. He took a little drink
sometimes; but no gentleman ever complained about him.
This was the plaintiff's case.
_ .

Mr. COTTINGHAM, for the defence, contended that proper
care and diligence had been used. He contended that the
horse had got quite well of the abrasion of the knee when
sent to Mr. Lawrence's, and that he got injured afterwards,
while in his care: and that Mr. Lawrence was attempting
to shift the blame off his own shoulders on to Mr. Thomas.
That the horse had be, put put into a field amongst other horses,
who had chased anefrightened him over the rail fence,
against which he had injured his knee, and that, therefore,
Mr. Thomas was not liable for the damage. lie contended
tl►at Mr Thomas had followed the proper course of practice
of veterinary surgeons in Liverpool, whose evidence he
should call for. He contended that this action was only
brought in consequence of Mr. Thomas having brought an
action against Mr. Hopkinson for f,iybill, and made tri►n pay
it; otherwise Mr. Hopkinson would have brought his action
for damages long before.—He called
Henry Middlehurst, apprentice to Mr. Thomas. He re-
membered the horse coming to Mr. Thomas to be blistered.
Ile was tied to the rack with two altars, and secured as they
generally secured them. He remembered the horse receiving
an injury about the 10th day, when tied to the rack. He re-
ceived an abrasion of the hair and the cuticle—a delicate,
insensible membrane covering the skin. The hair would
grow over that injury, If the skin had been cut deep it
would not. He had not been blamed for the injury.
Cross-examined--Mr. Thomas had blistered horses since,
and had tied them up to the rack in the same way. He had
only reversed one since, which was for an injury to the
shoulder.

• Henry Bradshaw, the other apprentice to Mr. Thomas,
examined.—Had not been blamed for the injury the horse
sustained.

Fennell Briscoe. veterinary surgeon. examined.—Had
been in practice 20 years, and during that time had been in
the habit of blistering horses. The usual course pursued was
to tie them up to the rack. He had never in the course of
his practice been in the habit of reversing horses. Ile
thought a horse by being reversed would be more liable to
accidents; he would he more liable to Injure his hind legs
by striking against the manger, and producing what was
commonly called a "capped hock." In all cases of blister-
ing the fore-legs, in his judgment as an experienced veteri-
nary surgeon, the proper mode was to tie a horse to the rack
close up to the manger. If a horse was reversed there would
be much more danger of his coming down on his knees.
From the description of the injury, in his judgment the hair
would grow again over it.
Cross-examined.—lle thought there would be no less dan-
ger of a horse hurting his knees by being reversed, when
blistered.

Mr. Ellis, veterinary surgeon, examined.—The proper
mode of treating horses when blistered on the fore-legs, was
to tie them to,the rack. He was was of opinion, from the
description he hail heard of the injury, that the hair would
grow over it again.
Cross-examined.—lle had not seen the horse, he only
judged from description.
Hughes examined.—Had been in the employ of Mr.
Lucas five }ears, and had charge of the sick horses, and the
blistering department always came under his care. The
proper way to to treat horses in such cases was always to
tie their heads to the rack. lle never knew but one instance
when a horse was reversed, and he was a very restive high
spirited horse. He was of opinion, from a description of
the injury, that the hair would grow again. He never knew
of a horse cutting his knee in his life from having his head
tied up to the rack. The manger in question was an ordi-
nary one, and had been used by Mr. Wilson, veterinary
surgeon.
Cross-examined.--A restive horse would kick with his hind
legs as well as with his fore, and there would be greater dan-
ger of his getting his hough injured by being reversed. He
did not attempt to reconcile this with his statement of revers-
ing the restive horse. He merely mentioned it as having
taken place.
James Fagan, veterinary surgeon, examined.—He had
seen horses blistered before being turned out to grass, and
the proper course to pursue was to tie them to the rack. He
was of opinion the hair would grow again, from a description
of the injury.
Robert Reader, groom, examined.—Was formerly groem
with Mr. Josh. Ewart. He saw the horse in the next field
to the one he had been put in after be had been turned out.
He had been forced over the fence by the other horses. That
must have been the case, or he would not have gone out of
the field. He saw his knee all bloody, and concluded he had
knocked it against the rail. He told Mr. Lawrence Moot
it, who said he knew it was a latle dune, and sent hurl to Mr.
Thomas for some ointment to dress it.
This was the defendant's case.
Mr. MURPHY, in reply, contended that the apprentices of
Mr. Thomas wished to screen themselves, and that the unpre-
meditated exclamation of Mr. Thomas to Mr. Lawrence when
first told of the blemish, that it was his d—d stupid lad that
had let him kick himself against the manger, could not be set
aside by any evidence. He contended that when a horse was
tied, so that he could not get his head to his knee when the
irritation commenced, the natural movement he would make
would he to lift it up and rub it against anything, and if a
manger was in the was, he was most likely to knock his knee
against it, and thus cause an injury. He attributed the bloody
state of the horse's leg to his bending it 'with exercise and
thus cracking the scab, and the blood, from exercise, would
flow.
The learned ASSESSOR, in summing up,. said the evidence
was very conflicting, and it would be for the jury to weigh it,
and state whether or not in their opinion proper care had
been taken. He then went carefully over the evidence.
The jury expressed a wish to retire, and after an absence
of half an hour, the jury found a verdict for the plaintiff.
Damages, £5.
The cause occupied the Court the greater part of the day.

MR. THOS. PHILLIPS' LECTURES ON ENGLISH

VOCAL MUSIC.

On Tuesday, at two o'clock, Mr. Thomas Phillips gave his
second morning lecture, at the theatre of the I{oyal Institu-
tion, assisted by the three Misses Brandon, on English Vocal
Music. Ile first noticed the principal faults of English
singing, the first of which was unintelligibility, which he
illustrated by an anecdote of some singers at a country
,
when the psalm was given out, said to one
as so dark they could not see. " Never mind,"
saidchL i
another,r
:' it was
; and when the organ commenced the tune of the
Old Hundredth Psalm, they began singing—" It is so dark
I cannot see." It was astonishing that this barbarism was
so generally put up with : for want of the proper introduc-
tion of musical graces to fill up the time, the rhyme of the
words was continually perverted and. rendered absurd. This
he illustrated by many examples. The proper pronuncia-
tion and emphasis of the words ought always to be preserved,
else feeling, the soul of music, was lost; for the strength and
fe English language was lost if barbarously mis-
preloiiiilg o
ouncretdh—es
hiut syllables• made long, and long short, in
order to make the words agree with the time of the music.
This might be completely obviated by the proper introduc-
tion of the shake and the uppoyiaturo. lie then noticed the
difficulty usually experienced in attaining the shake, which
was to be attributed to the learner trying at once to run
before he could walk. The proper way to learn it was by
degrees, as regimental boys are taught to druni, increasing
in rapidity could give the perfect "roll." Ile then
noticedt the beauties they
of the crescendo and diminuendo as ap-
plied to the shake, and the grace of a concluding turn. The
appooiatura added greatly to feling; and expression in sing-
ing, but it was too generally misapplied. The chief superi-
ority of the Italian singers consisted in properly singing this,
grace. Being a small note, it was very generally omitted or
slurred over, about a quarter of the time of its approximate
note being given to it by English singers. When omitted,
the note was often drawling and inelegant; and when slurred
over, it added no expression to the passage. The proper
way tq sing it was to give it three-fourths of the time of its
adjoining note, and which immediately gave feeling and
expression to the passage. The chief fault of English sing-
ing was unintelligibility. Singing, with appropriate words
properly enunciated, gave additional feeling and expression
to those words, and was then intellectual and soul-stirring;
hut without intelligible enunciation, it degenerated into in-
feriority to instrumental music, and was then but an appeal
to the sense of hearing, but not to the intellect. The singing
of the savage—the "corroborg" of the aboriginal Australian
—was more intellectual than the barbarous and unintelligible
sing-song of most English ladies ; for what the former sung,
relating to deeds of daring in savage warfare, to historical
events, or to superstitious observances, fired their bosoms
with emotion" whilst the unmeaning collection of sounds
which characterised the singing of the English drawing-room
left the hearers listless or disgusted, He illustrated his
meaning by singing various songs and melodies, and was
ably assisted by the Misses Brandon, one or two of whom
possess excellent and highly tutored voices.—The audience,
chiefly consisting of ladies, was very numerous.