The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1849-08-14 00:00:00

SMITHFIELD CATTLE MARKET.-YESTERDAY.

The supply of Beasts being small, and the average quantity
but middling, the choicest descriptions were readily sold at
more money. The number of Sheep is rather larger ; however
the demand being considerable, prices remain about the same.
There is more inquiry for Lamb than on Friday, and the best
kinds make a little more money. Trade is still very heavy for
Calves, but a slight advance is realised on the choicest. From
Germany and Holland there are 469 Beasts, 2990 Sheep, and 79
Calves; Leicester and Northampton, 1700 Beasts; and Scot-
land, 40,

WOLVERHAMPTON RACES.-YESTERDAY.
(BY EXPRESS.)

TRIAL STAKES.—Softerley, 1; Woolwich, 2.
Won by a length, easy.
PRODUCE STAKES.—Aldgate, 1; Christiana, 2.
Won by a neck.
WOLVERHAMPTON STAKES.—Snowstorm, 1 ; Model, 2;
Cingari, 3.
Won by a length. Van Dieman's jockey thrown.

TATTERSALL'S.—YESTERD AY.
The betting men were principally at Wolverhampton.
Very little done.

General Cabrera, the celebrated Spaniard, who has just
been set at liberty by the President of the French Re-
public, arrived in London on Friday.
It has been discovered that the new act for regulating
municipal elections in London partially disfranchises the
electors. The act was indeed an enfranchising act as ori-
ginally framed ; and the legislative cobblers who endea-
voured to mend it meant that it should be an enfranchis-
ing act still "After a sort ;" but, as is often the case when
people will make good better, they have contrived to
make it the very reverse. The poor act may address its
amenders in the words engraved on the tombstone of a
man who died of quack medicines,—" I was well ; would
be better ; and here I am."
ELECTION OF DOCK TRUSTEES.—On Saturday the
annual election of four members of the committee for
conducting the affairs of the Liverpool Dock Estate took
place. The retiring members were Messrs. Adam Stewart
Gladstone, William Robertson Sandbach, Thomas Tobin,
and Thomas Bold. Mr. J. N. Wood, seconded by Mr.
Lockett, nominated the retiring members. Mr. H. Hal-
head, seconded by Mr. Daniel Campbell, nominated Mr.
Henry Steele. The voting then commenced, which was
continued till half-past two, and there then not having
been any votes offered for fifteen minutes the poll was
closed as required by the act of Parliament. The votes
stood as follows :—Steele, 144 ; Bold, 64 ; Sandbach, 63 ;
Tobin, 61 ; Gladstone, 44. The four first-named gentle-
men were, of course, elected. Some time after the polling
had commenced Messrs. Eyre Evans, Francis Shand, and
Charles Turner were nominated, but only one vote was
recorded in their favour.
THE BROUGHTON MURDER.—It will be remembered
that, at the Spring Assizes for Worcester, a hardened
outcast, named Pulley, was convicted of the murder of a
Young orphan girl, named Ann Staight, by beating her
brains out with a bludgeon in a retired lane near Pershore,
in that county, the girl having given him offence by resisting
his attempts to corrupt her chastity. A witness on the trial
deposed to have seen Pulley shortly after the murder with
blood on his trousers, but these trousers (a pair of moleskin)
could not be produced on the trial. They have now just
been found under circumstances which betray a conscious-
ness of guilt on the part of the prisoner. As a man named
Howse was cleaning out a pool near the scene of the mur-
der, he found this article of dress tightly rolled up, and
containing a brick and stone, evidently placed therein in
order to sink them. They were, however. in such a state
of decay, owing to the length of time they had been in the
water, that no traces of blood could be discovered upon
them.
EXTRAORDINARY PRESERVATION.—On Friday morn-
ing, as two labouring men in the employ of Mr. Bartlett
were looking into a chalk well, at Doddington, in Kent,
they were alarmed by a human voice issuing from it ; they
immediately procured a ladder and descended, when, to
their great surprise, they found a young woman in a state
of excessive exhaustion, she having been in this deplora-
ble situation since Tuesday, without any other support
than a small quantity of water, that occasionally dripped
into the well. She stated that her name was Ann Delany,
residing in Charles-street, Drury-lane; that she was on
her way to see her brother, at Chatham, on Tuesday last,
who had enlisted, when she mistook her way, and, the
well being uncovered, fell in ; that during her agonising
confinement she had repeatedly beard the voices and the
whistling of persons passing that • way, but could not
make her own voice reach them, she being at a depth of
40 feet below the surface of the earth. She had endea-
voured to raise steps with pieces of chalk, but they had
constantly given way, thus increasing her despair at every
disappointment. She sustained very little injury from
her fall, and, after receiving nourishment, rapidly recovered
from her fear and fasting, and was able to pursue her way.

L STANDARD.

THE ASSIZES.

On Saturday the commission for the autumn assizes for
the southern division of this county was opened at Liver-
pool by Justice Pattison and Justice Wightman. Their
lordships arrived in town about four o'clock, and shortly
before five they proceeded to the Crown Court, accompa-
nied by the sheriff and the usual retinue of officials. The
Mayor was present in the court. The usual proclamations
and other documents having been read by the clerk of the
court, and the commission opened in due form, an ad-
journment took place to Mo d iy, at eleven o'.-locl-. On
Sunday their lordships attended divine service at St.
George's Church. They were accompanied by the High
Sheriff, the Mayor, and the corporate officials, the latter
bearing the municipal regalia. Prayers were read by the
Rev. P. W. Brancker, and the sermon was preached by
the Rev. Mr. Ffarington, Vicar of Rochdale, and the she-
riff's chaplain. The rev. gentleman took for his text
Micah, 6th c. and Bth v., " He bath showed thee, 0
man, what is good, and what doth the Lord require of
thee but to do justly, and to love mercy. and to walk hum-
bly with thy God." The church was crowded to excess,
and a great many persons were assembled outside when
the judges entered. We have already given an analysis of
the calendar•, which contains some cases that will excite
considerable interest. Among these is the trial of Wilson,
charged with the dreadful murders in Leveson-street. It
is thought that this will not take place until near the
close of the criminal business.

CROWN COURT.—YESTERDAY.
(Before Mr. Justice PArrisoN.)
The names of a large number of landed proprietors and
other gentlemen in the county were read over by the clerk
of assize ; and from those who answered to their names
the following were sworn in to constitute

TIIE GRAND JURY.

John Ireland Thackburne, Esq., Hale, near Warrington, fore-

• man.
Edmund Buckley, Esq., Manchester.
John Bentley, Esq.. 9, Portland-place, London.
Robert Brandt, Esq., Pendleton, Manchester.
Charles Brownell, Esq.. Aigburth, near Liverpool.
John Crossley, Esq., Scaitcliffe, 'l'odmorden.
William Gale, Esq.. Lightburn House, Ulverston.
Robert Gladstone,•Esq.. Manchester.
Edward Gibbon, Esq., Netherfield-road North, Liverpool.
James Collyer Harter, Esq., Broughton Hall, Manchester.
Oliver Heywood, Esq.' Acresfield, Manchester.
Thos. Berry Horsfall, Esq., Mill Bank House, West Derby.
Albert Hudson Royds, Esq., Brown Hi!!, near Rochdale.
Malcolm Nugent Ross, Esq., Astley Hall, near Manchester.
Samuel Taylor, Esq., Eccleston Hall, Prescot.
Samuel Henry Thompson, Esq.. Thingwall Hall, Knotty Ash.
John Abraham Tinne, Esq.. Brierly, Aigburth.
William Gillibrand Unsworth, Esq., Manor House, Maghull.
John Woodcock, Esq., St. Helen's, Wigan.
Matthew Wilson, jun., Esq.. M. t'., Es' ton, Skinton.
John Bramley-Moore,Esq., Mayor of Liverpool.

His lordship, on the jury being appointed, invited them
all to dine with him at six o'clock in the evening.
The usual proclamation against vice and immorality was
then read, after which his lordship thus addressed the
grand jury :
His LORDSHIP commenced by observing that the calen •
dar before him was not in point of numbers of a much
higher character than usual at those assizes, but there
were some cases undoubtedly of a very serious description
—not a very great many. As, however, many of the
grand jury had been in the habit of attending there, and
probably all of them had attended as grand jurors before
now, they were sufficiently acquainted with their duties
to render any instruction from him unnecessary. He
hoped, however, that as that was not the first time they
had met, neither would it be the last that either he or
other judges would have the pleasure of congratulating
them on their appearance. When he said this, he did so
with real feeling, and in accordance with the full intention
of the words. He had at other assizes expressed the same
hope, he (the learned judge) was clearly of opinion that
the feeling which prevailed amongst some parties against
the constitution of grand juries, and the eligibility of doing
away with them was altogether mistaken. He did not
wish to enter into all the arguments which might be
adduced in favour of the system, but there were one or
two points connected with the subject to which he would
draw their attention. In the first place it seemed to him
(the learned judge) highly desirable that all classes of her
Majesty subjects should join in the administration of jus-
tice, and he did not see where gentlemen in their station
of life would take part in such administration unless they
served on the petty jury. The great difficulty, however,
to be met was this :—What was to be substituted in place
of the grand jury ? Some preliminary proceeding must
take place before a party was placed upon his trial, for it
would never do to allow any individual, at his own will
and pleasure, to give instructions to the Clerk of the
Court, and thus allow a person to stand accused of crime
before a court, however innocent he might be. What
then was to be done ? If a public prosecutor was ap-
pointed, he should like to know how he was to perform
his duty ? If one person was appointed in each county
he could not be in all places at once ; and it would be
most unsatisfactory to have such duties performed by a
deputy. Then again if he was to be an officer of the
Crown, there would be no security for the subject at all.
for the grand jury was the old constitutional tribunal
which had always stood between the crown and the sub-
ject, &pi protect the rights of both. He hoped that grand
juries ould not be abolished without careful enquiry
being first instituted to see what could be done, and also
by what mode a person can be put upon his trial without
their intervention. He knew that one great reason which
operated with those who wished their abolition—such
reason at all events prevailed in London—that witnesses
were frequently tampered with between the time of their
appearance before the magistrates, and the time that they
gave evidence before the Grand Jury, in consequence of
which they were induced to favour prisoners, and the re-
sult was, that bills were often thrown out. His Lordship
did not believe that this often occurred, even in London,
and it was too much to say that. because it did occur,
therefore no other remedy should be sought after, hut that
Grand Juries must be abolished altogether. Surely some
less violent measure might be adopted. The depositions
might be laid before the Grand Jury, and then they could
judge for themselves whether the parties gave the same
evidence as they had done before the magistrates. There
was one case in the calendar which appeared to be of this
description, for the charge there stated was that a person
who had been committed, but who was out on bail, had
unlawfully, knowingly, wilfully, and corruptly made a
false declaration. He believed, however, that such
cases were very rare in the country, and did not
by any means occur so often in London as was re-
presented. He would not detain them longer on this
subject, but would proceed to make some few obser-
vations on the various cases in the calendar which appear-
ed to require them. There were many cases of parties
charged with burglary, where it seemed entries had been
effected through what was called a coalgrid—he did not
quite understand what that was, but probably the grand
jury would—or window which had been left unfastened.
It was quite immaterial to the question whether the coal-
grid or window was faetened or not, for if they were closed
and the party opened either, and entered for the pur-
pose of committing a felony, it was just as much a
breaking as if the parties broke a lock. There was ano-
ther case of breaking out of a house. It appeared that
the prisoner had been allowed to sleep in the kitchen
and during the night collected together what he could lay
his hands on, and then broke out of the house. This, in
law, was just as much a burglary as if the party had
broken into a house. There was one case he thought
where nothing had been stolen. In order to constitute
the offence of burglary it was not absolutely necessary
there should be an actual stealing, because, if a person
broke into a house in the night time with intent to commit
a felony, it was burglary. Then there were many cases of
highway robbery. All those cases always involved the
question of identity of the parties, and therefore it was
necessary to pay particular attention to that. Sometimes
it was a question whether a robbery had been committed
at all or not, but he did not think there were any such
cases in the present calendar, and the only difficulties
attending them would, therefore, be the identities. Then
there were cases of manslaughter, and of cutting and
maiming, and he was very much pleased, so to speak,
that he did not find any of those cases in which
that mode of fighting peculiar to this county had been re-
sorted to. Some of the cases were of a savage nature,
but there were certainly none in which what was known
as up and down fighting had taken place ; there were,
however, cases savage enough where the knife, he was
sorry to find, had been raised, notwithstanding the at-
tempts which had been made, by severity of punishment,
to put it down. There were cases of bigamy and forgery,
and more particularly what appeared prevalent in this
town, the forgery of shipping notes. He (the learned
Judge) was afraid the effect of these forgeries was to in-
flict considerable injuries on the lower classes of society—
greater than the forgery of bank notes; and one of the
cases was a charge against a person, he thought, of
the name of Norris, which appeared a good deal com-
plicated, but he did not apprehend they would find any
difficulty in it. There were four cases of murder—in one
of which a woman was committed under the coroner's
warrant for manslaughter, but he (the learned Judge) was
of opinion that it was either murder or nothing at all. One
of the cases was that sad affair where a party is charged
with murdering two women and two children. On that
case a great number of witnesses had been examined, but
for his part he did not see that many of them were neces-
sary or of any great importance, though they might have
been. The servant maid was sensible for about a week
after the occurrence, and her deposition had been taken
before a magistrate, in the presence of the prisoner, who
had an opportunity of cross-examining her. She died
subsequently to those depositions being taken, and they
would be laid before the Grand Jury as evidence, and
unless she told utter falsehoods—(but in some im-
portant points she was corroborated)—there did not
seem to be the slightest doubt about the case. There
was another case equally free from doubt. It was
that of a person named Culkin—it occurred in this
town. The prisoner lost his wife and one of his children
from an attack of cholera, after which he cut the throats
of two other children, then his own, and was found with
his arms round the corpse of his deceased wife. He un-
derstood it was said he was out of his mind,—that afflic-
tion had so wrought upon his feelings as to render him
incapable of knowing what he was about. That, how-
ever, was not a question for the grand jury to entertain.
If it were set up it would be for the petty jury to deal
with it. It was a clear case, lamentable indeed, but still
one of murder, and what might be the ultimate result
must be left for after consideration. He (the learned
Judge) had heard of another case, not entered in the
calendar, of a person who was said to have shot his bro-
ther. He believed the brother was not dead, and he sup-
posed either the party. had been remanded or the case was
not complete ; and, in all human probability, unless the
brother was very much better, no bill would be laid before
them, but the prisoner would be remanded until the next
assizes, for if the brother still remained in a dangerous
state they would not know what charge to prefer. The
other case of murder was a charge against a woman for
the murder of her new-born infant child. That charge
rested entirely upon the evidence of the medical man, and
he confessed that the evidence of all the other witnesses

went to negative the evidence of the medical man, and he
(the learned judge) did not believe any offence at all was
committed.. However, circumstances might come before
the grand jury which had not been laid before the coro-
ner's jury. According to the evidence of the medical
man the case was one of murder, but be did not think
that was at all correct, for he (the medical man' trusted
to the old test that the child had been born alive because
the lungs floated—a test now proved to be very uncertain.
No. 73 in the calendar was a charge of manslaughter.
The prksoner, it appeared, was committed by the magis-
trates for murder, and by the coroner for manslaughter.
Tile case was clearly not manslaughter. It was
either murder or nothing. He supposed they went
upon the assumption that a mother was bound by
law to take proper care of her infant, which was un-
doubtedly the fact. But it was said that she was
drunk and the child fell out of her hands. If that
were so it was not manslaughter. If it fell acci-
dentally and death was the result it was no crime; but if
it fell in consequence of drunkenness it was murder. In
another case of manslaughter by two persons there might
be a question as to which of them struck the blow, but if
both were present engaged in a common purpose then the
case was complete against both. Nos. 5 and 6 was another
case of manslaughter, in which the party met his death
from a kick by one of the prisoners, the other not being
prseent at the time. Hare, again, the question would
arise whether the prisoner who did not strike was acting
in concert with the other. No. 9 was a charge of man-
slaughter on a little child ran over by a cart. This was
not a case of furious driving but of negligence, for it ap-
peared the pr soner was riding in his cart with his back to
the horse, and a little child went out of the house and sat
down on the middle of the road in front of the horse
and cart. A boy saw him, and called out to the horse,
but no attention was paid, and the horse and cart
went over the child and killed him on the spot.
The driver had no reins to his horse, and indeed
if he had, he could have no control over the horse for he
had his back to it. The case was, therefore, one of negli-
gence, and consequently of manslaughter. There was
some question about the cart being on the wrong side of
the road, but that had nothing to do with it, for unless
one vehicle was passing or meeting another the rule of the
road did not apply. Nos. 38 and 39 was charge of assault
with intent to rob. In that case there was a clear con-
cert, and, therefore, the act of one would be the act of all.
No. 52 was a case of stabbing, with circumstances of some
peculiarity. The prosecutor had a quarrel with the pri-
soner in a public-house. The latter left it, and it did not
appear that he bad any intention of continuing the quar-
rel, but the prosecutor followed him and would fight.
The prisoner was using a knife to cut a stick at the time,
and, when the prosecutor struck him in the face, the pri-
soner stabbed him with the knife. For this he was
charged with stabbing with intent to do grievous bodily
harm, but it could hardly be expected that, under
such circumstances, the prisoner could refrain from
using the knife. No. 63 was a very peculiar case,
and the Grand Jury would have to consider whether
the prisoner was guilty of such negligence as they ought
to find a bill for manslaughter. It appeared the deceased
was a labourer connected with a railway. He got upon a
ballast train for the purpose of riding. Had he remained
with other workmen travelling by the train in the last
waggon his life might have been saved, but he got over
the waggons and sat upon the buffer plank of the waggon
next the engine, with his legs hanging down. An engine
and tender was passing along another line to take on a
passenger train, and at the junction of two lines came in
contact with the ballast train and killed the deceased:
The ballast train had never been on that line before, and
consequently the prisoner could not expect it would be
there, and although he used the whistle when starting,
it was foggy and could not be seen. The prisoner
alleged that he had a right to pass along the line
as he did, but the railway authorities say he had
not, and if he was acting contrary to his instructions he
was guilty of negligence for which he was responsible.
No. 69 was a charge against a person for presenting a
loaded pistol at another, with intent to kill and murder
him. According to the evidence this appeared clear; but
the charge as stated was clearly not a felony. In order to
constitute it a felony there must be an attempt to dis-
charge by pulling the trigger. That had been so held,
and he (the learned Judge) believed that was the law.
The pistol was presented at the prosecutor, who immedi-
ately jumped at the prisoner, and a scuffle ensued, when
the pistol flashed in the pan, but whether the trigger was
pulled by the prisoner or not did not appear. The grand
jury, however, must be satisfied that the prisoner at-
tempted to discharge the pistol before they found
a true bill. No. 71 was a charge against a man
for not delivering up his property under a fiat
of bankruptcy. In this case he did not find
any evidence which was necessary to show that he
was a bankrupt, namely, that he was a trader, and had
committed an act of bankruptcy ; but he would not throw
out the bill on that ground, as he found the fiat was issued
on the prisoner's own petition. On coming to the third
class of cases, his lordship did not think there were any
which required any observation, except perhaps Nos. 118
and 119, which was a charge against two persons for a
revolt on board a ship coming from America. It was a
clear case under the statute of 11 and 12 William 111.,
cap. 7, which made a revolt piracy, even if the party did
not intend to go away with the ship. In this case the
intention was clear, for the prisoners said they would do
what they endeavoured to persuade other persons to do,
namely, to murder the captain, and take the ship to Cali-
fornia. If that was proved, it was clearly an act of piracy.
There were sonic other cases in the calendar which might
have required some observations from him, but no less
than 6 sets of depositions had been placed in his hands a few
minutes ego, whilst the proclamation against vice and
immorality was being read by the officer, and conse-
quently he had had no opportunity of looking over them.
This was very wrong, and he hoped would not occur
again. For such neglect he had at one assizes been
obliged to inflict a fine, but unfortunately he could not
fine the magistrate's clerk—he could only fine his master,
which he was very reluctant to do, and trusted he should
not have to do again. There was one very serious
case amongst the depositions just returned, on which he
should probably have felt it his duty to make some obser-
vations had he been acquainted with its details; but, if
any difficulty should arise, if the Grand Jury would come
into court and state it, he would endeavour to explain it.
The Grand Jury then retired to their duties.
A considerable time elapsed before any true bills were
passed in cases that were in readiness for trial. The bills,
it appeared, had not reached the grand jury, and witnesses
were absent. His lordship said, that in cases of such
delay, he should certainly not allow the expenses of the
witnesses. It was nearly two o'clock before the court could
proceed to business with the first case, namely,