The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-08-30 00:00:00

THE LIVERPOOL STAN-OAM).

result to the cause with which we are proudly identified;
through such private disunion.

Our truly able contemporary of the London Standard,
placed us at once in our true position in the affair we
allude to, on Tuesday last, with reference to the publica-
tion of private and strictly confidential correspondence :
it was a question with which the Whig press generally
could have nothing to do, and had no legal nor moral right
to interfere with; and it at once shows the weakness of
their patron's power, and the, miserable shifts they are
put to, to keep up the falling interests of their discredit-
able policy. We thank our contemporary of the Lon-
don Standard, for the handsome comparison of our case
with that , of our late dearly esteemed personal friend,
Michael Thomas Sadler, and Mr. J. Foster, of Leeds—a
perfect analogy of principle exists between the two ;
and, reflecting on the character of the former, as that of a
Patriot and a Christian, whose memory we shall
revere, and whose premature loss we 'shall deplore,
so long as we retain sensibility of feeling and
veneration for virtue, we shall indeed be proud, if
the public judgment of an enlightened British people,
shall give a similar adjudication in our favour, for
our bumble advocacy of religious truth, and consti-
tutional freedom, as that awarded to Mr. Sadler. At all
events, we will labour to deserve it, by holding stead-
fastly to our principles. If, agreeably, to the fine senti-
ment of La Bruyere, " men's worth in this world is fi-
nally estimated according to their conduct," we have the
race for the palm before us, as open and as free as it is
to our paltry whig enemies.

A very full meeting of the Tradesmen's Conservative Society
took place, last night, at the large room, King's Arms, when
seventy-two additional members were enrolled, making a total
of nearly 900.
SOUTH LANCASHIRE CONSERVATIVE ASSOCIATION.—This
interesting reunion of the conservatives in this division of the
county will take place on the Bth of Septenlber. We have no
doubt that the attendance on this glorious festival will be as
numerous as it was last year, and that the proceedings will
afford a rich intellectual treat. The last day for the sale of
tickets, it appears, is to-morrow. Our friends must therefore
be prompt in their applications.
LAUNCH OF A STEAMER.—On Saturday last the Clonmel, a

splendid steam vessel of 450 tons measurement,, was launched
from the building-yard of .11ipssrs. Robert Russell and Sons,
North Birkenhead. She belongs, we understand, to the Water-
ford and London Steam Navigation Company, and is to be titled
with engines of 250 horse power, from the manufactory of
Messrs. George Forrester and Co., of this town..

THE THEATRE.—Last evening Shakspeare's fine tragedy of
"Macbeth" was peformed; the part of Macbeth by Mr. Stuart,
and Lady Macbeth, by Mrs. Sharpe, a lady who has recently
been engaged for a limited period. Mrs. Sharpe is a fine wo-
man, with a good figure and face for the character. In appear-
ance she is not unlike the portraits of Mrs. Siddons. She played
tolerably. The splendid conception of the author in the murder
scene of Macduff, whilst Macbeth quails with fear and horror at
the thought of the guilty deed he has enacted, and fears to com-
plete it, and Lady Macbeth exclaims, "infirm of purpose! give
me the daggers;" was exceedingly well given. Stuart's acting
was terrifically true to nature, and was greeted throughout with
rapturous applause. The house was very full.—We wish to
draw the attention of our theatrical friends to the announced
benefit of Mr. Clarke, the spirited manager of the Liverpool
Theatre Royal —Mr. Henry Horncastle, who for some time
has been performing at the Theatre as a singing actor, has an-
nounced his benefit for Friday night, with the performances of
the musical play of "Rob Roy;" to conclude with the comic
opera of "Fra Diavolo." The musical entertainments for the
evening promise to be good.
We know of no contemporary paper that has contributed more
effectually to unmask the popish character of the "Irish system
of Education," than the Dui in Record—a journal conducted
on religious principles exclusively, and eminently successful in
its uncompromising advocacy of the Established Church, as
well as in its temperate, but unflinching exposure of the errors
of popery. This spirited paper deserves to be more generally
circulated than it is at present, among the friends of the Church
in Liverpool, recommended as it is by its faithful guardianship
of religion and morals, the union of political information with
profitable instruction which it affords, the impartiality of its
reports, and the decidedly conservative tone of its politics. We
understand that the agent for Liverpool is Mr. Perris, No. 32,
North John-street.

ISLE OF MAN.—Owing to the very 13w fares for passengers
between this port and the Isle of Man, upwards of 500 persons
i‘ciaomnea,osvlesrlef.rom the latter place, yesterday morning, in the

THE Zootoc mar. GARDENS.—Notwithstanding the unfa-
vourable state of the weather, great crowds attended these
gardens last evening. It having rained all day, Messrs. Atkins
gave up all idea of having any representation that evening:
about 7 o'clock, however, the weather began to clear up, and as a
great number had assembled in the garden, and though they
were not charged the fete price, lest they should experience any
disappointment, a partial illumination was got up, and a number
of rockets tired. This evening, should the weather prove fine,
the crowd of visitors is expected to be very great. l'he whole
of the fireworks, which are on a very grand scale, will be fired,
and the gardens beautifully. illuminated. The procennium for
Mr. Yates's performance is much more conveniently placed
than before.

FAT AI. ACCIDENT.—On Wednesday morning, whilst a work-
man named Edward Hughes, in the employ of Messrs. Dickson
and Glover, roll brimstone manufacturers, Paul-street, 'Vaux-
hall-road, was endeavouring to open the neck of a boiler, con-
taining melted brimstone, which had accidently become choked,
it suddenly exploded, and scattered its contents over the poor
man, by which he was so severely burnt that he died almost im-
mediately. An inquest, we understand, has since been held,
and a verdict of accidental death returned.
IMPORTANT TO LICENSED VICTUA ELERS.—A deputation
from the Licensed Victuallers' Society had an interview the
other day with the Mayor and Mr. Hall, the magistrate, in the
presence of Mr. Wahnsley, chairman of the Watch Committee,
to define the hours of divine service. It was arranged, we
understand, that from half-past ten until half-past twelve o'clock
shall be considered the morning service, and from three until
half-past four o'clock shall be considered the afternoon service,
and that all houses of the licensed victuallers shall be required
to be kept closed during the said hours, except for the reception
of travellers.

DISCOVERY AND CAPTURE OF A GANG OF COINERS.—On
Wednesday last, from suspicions previously entertained by the
police of this town, Ainsworth and another active officer of that
force proceeded to a house situate in Virgil-street, and com-
menced a diligent search upon the premises. The result of their
labours was the discovery of an immense quantity of base coin,
to a very large amount, in various sorts of money, packed up as
if for the purpose of exportation. The persons in the house,
together with the counterfeit coin, were immediately placed in
safe custody, and the prisoners, four in number, have since been
brought before the magistrates, and remanded for a further ex-
amination to a future day. As we are informed that it might
defeat the ends of justice by giving publicity to what transpired
during their examination, we willingly forego its publication till
the case has been further head. It is supposed that the gang
have had their ramifications on a very complete and extended
scale, and it is more than probable that a further clue may be
obtained to persons implicated in this affair who are still at
large.

CHARGE OF STABBING AT WARRINGTON.-011 Sunday
morning, a man named J. Entwistle, (captain of a flat) his wife,
and a man named Ralph Booth, on their way home down
Bridge-street, Warrington, passed three Irishmen and a woman,
who were standing on the footpath. Entwistle made a jocular
remark as he went by them, on which the Irishmen rushed upon
him and his companion, and began to beat them in a violent
manner. Booth contrived to make his escape and went for
assistance, and during his absence one of the men pulled a dirk
from his cane, made from a round spindle exceedingly sharp,
and with it stabbed Entwistle in several places, one of the wounds
at the back of the neck being nearly two inches deep : he was
also stabbed in the side in two places, and several punctures
were made in his jacket collar, which being made of very thick
cloth and padded, was probably the means of saving his life.
On hearing the cries of Entwistle, some men came up, on which
the Irishmen made off, and were observed to go up an entry.
Jones, the deputy constable, and other constables, shortly after-
wards arrived, and followed them up the entry, and there found
Michael Ryan with the dirk in his possession, which he was en-
deavouring to conceal, and Michael Connor, who had been
observed to make use of a poker during the affray, and which
was found where he was; the other man made his escape. The
prisoners were taken into custody. On Monday they were
brought before the magistrates, and were committed, to Kirkdale
to take their trials at the next assizes.

Two STRINGS TO ONE Bow.—A rough looking country lad,
from the neighbourhood of Prescot, made his appearance as
witness in a cause tried the other day at the assizes., In his ex-
amination in-chief, he described himself as a brickmaker by
trade, but on cross examination it turned out that he was origi-
nally bound apprentice to a hatter, " How was that;" asked the
examining counsel (Mr. Cresswell) "were you bound to a hatter
in order to learn how to make bricks ?" Nou, (replied the
witness) I larnt boath—becose yo known if one does n't fit
t'other'll do."—" Pray did you learn slating too (continued Mr.
Cresswell) as well as hatting and brickmaking ?"—" Noa,"
replied the rustic, whose bluntness produced a laugh in court,
and the merriment was heightened by Mr. Alexander rejoining,
" He roofs heads, not houses it seems."

THE RIVAL SERGEANTS.—On Wednesday last, in the Nisi
Prius Court, a rosy-gilled gentleman of the Falstaff genus,
bight Mr. John Green, of Preseot, was called as a witness by
Mr. Serge:rut Atcherley, who appeared on behalf of the plain-
tiff. On making his appearance in the box, and the oath being
tendered to him, he first said that he was a witness "on the other
side," but being told that that did not signify, as he was also
subpcenaed for the plaintiff, be wished to know before being
sworn who was to pay his expenses. "They promised me £5
or £lO, (said he) but I have only had a shilling for the last five
days, and (continued Mr. Green, laying his hands upon his ca-
pacious paunch, with an air of paternal pride and satisfaction,
which might have become the great and immortal Sir John
himself), such a corporation as this is not to be kept up at the
rate of a shilling for five days."—(Roars of laughter.) The
momentous matter having been referred to the prothonotary,
Mr. Forrest, that gentleman said that £4 10s. would be a rea-
sonable allowance for five days' expenses, and the attorney for
the plaintiff immediately handed over the needful to Mr. Forrest
in trust for the witness. "Now (said Mr. Sergeant Atcherley)
I hope you will he wuith the money to us. Will you trust the
officer?" "Well, (said Mr. Green) I have known him a long
time, and I think I can trust him. I have known Mr. Sergeant
Atcherley, too, a long time. He and I learned our exercise
together." The learned sergeant seemed rather taken aback
at this information, and not very anxious to acknowledge the
acquaintanceship of the facetious Mr. Green. His apparent
chagrin was rather heightened than otherwise, when his lord-
ship good-hemouredly said to the witness, "As a matter of
curiosity, perhaps you will allow me to ask whether my brother
Atcherley ever got any rank at all."—" Well, my lord, (replied
Mr. Green) I think he got to be an ensign. (Laughter.) But
he was a full private when I was a sergeant; now he is a ser-
geant and lam only a private." (Shouts of laughter.) " Pray
what squad was he in ?" asked his lordship. " Well, my lord,
I am afraid it would take up too much time to tell you now,"
replied Mr. Green, and so the colloquy ended.
The Chamber of Commerce at. Marseilles has been officially
informed that the absolute exclusion of all steamers arriving
from the west, decreed by the magistrates of health at Naples,
has been revoked with regard to packets coming from France
without having touched at Genoa or Leghorn. In such case,
they will still.be sutject to the quarantine of 14 days, decreed on
the llSth of July by the Board Of flealtb.:—Frenchpaper.

NISI PRItS.-FIuDA Y.

SUTCLIFFE Y. LAN.

.......
ASSAULT.—Mr. Alexander appeared forthe plaintiff, and Mr.
Cresswell for the defendant.

The plaintiff in this case is a.man of some property. residing
at Todmorden, and the defendant is a substantial mill owner,
at the same place. It appeared that the parties were drinking
at a public-hourse, in Todmorden, on the 2.3 d of May last, along
with a number of stone-masons, and Mr. Fielding, the brother
of the member of parliament, was also present, and that a dis-
cussion arose on the factory question, the merits of which, led
to a wager, between the plaintiff and defendant, and subse-
quently to acrimonious terms, and a quarrel, when the defendant
seized the plaintiff, and tore his coat up the back. A scuffle then
ensued, and the defendant had his cheek cut. On being sepa-
rated, the plaintiff, pointing to his torn coat, said he should law
defendant for that, and make him pay for it, upon which the
defendant; pointing to his clerk, slapped the plaintiff's face.
The action was brought to recover damages for the assault, and
the torn coat.

His LORDSHIP endeavoured to induce the parties to compro
mise the matter, but it was not aeceeded to.

A number of witnesses were examined, who proved the
above facts, and a subpcena sent to Mr. Fielding, who did not
appear, was read.
Mr. CRESSWELL, in reply, rediculed the paltriness of the
action, and pointed to the coat, which was produced in court,
and which he did not think any old clothes dealer would have
given Is. 6d. for, before it was torn. From its appearance, it
was evidently a travelled coat, for it had been in Grease, and
had apparently seen hard service there, for it was very thread-
bare,—it was as ragged as King Otho's government, and
worth about as much as a Greek bond. The quarrel was a com-
mon pot-house brawl, at midnight, amongst a number of stone-
masons, and Law it appeared, had come off the worst. As
Hudibras said—

" He had heard it said by knowing stagers,
That fools for arguments use wages;"
a verse perfectly applicable to the parties concerned.
To prove this action, there were fourteen witnesses kept there
for sixteen days.
His LORDSHIP said it was clear the plaintiff was entitled to
a verdict. He had brought his action for assault and battery,
and there was no doubt he had been struck. It was merely a
question of damages. He had endeavoured to put an end to
the matter, and which ever party had paid costs, it would have
been much better for them, than to have come into a court of
justice, and suffer the consequent exposure. It appeared that
the plaintiff was, between twelve and two o'clock at night,
drinking in a public-house, and they had heard what kind of
persons were there, and they had seen what kind of a coat the
plaintiff wore. They would consider the damage to his reputa-
tation for receiving an assault amongst such associates; and they
would consider whether the injury to the coat was such as he
ought to receive compensation for. The coat looked very much
like one which had belonged to a gentleman of the bar, and who
had gone out one night in the darkness to give it to a beggar.
The hegger, in the dark, accepted the clothes. but when he saw
them in the morning, he hunted the learned gentleman out, and
brought them back, again. (Laughter.)
`The jury found a verdict for the plaintiff, damages, Is., costs Is.
. Mr. ALExANnEtt.--Will your Lordship certify?
His LORDSHIP.—No, certainly not; the plaintiffought rather
to pay all the costs.

DIGGLE V. B kMFORD

Mr. Brandt appeared fur the plaintiff, and Mr. Cresswell for
the defendant.
This was an action brought by the plaintiff, who is a tenant
of the defendant against him, for having destrained for more
rent than the.plaintiff was in arrears.
The jury found a verdict for the plaintiff, damages f.. 61 !Cs. 4d.

BROWN AND ANOTHER V. STANDISII

Mr. Cresswell and Mr. Wightman anpeared for the plaintiffs,
and Mr. Alexander and Mr. Brandt ftir the defendant.
This was an action brought nominally against the sheriff, for
breaking into a shop of the plaintiffs, and seizing under a war-
rant a quantity of their goods, and selling them to cover a debt
which it appeared was not due by the plaintiffs. The plaintiffs
are Edward Brown and David Edwards of Manchester, who
had entered into partnership as fustian shearers at Manchester.
Each having bought a quantity of machinery, they took a room
in German-street, Manchester, where the machinery was
placed. It appeared that Brown had bought his machinery of
a person named Wm. Edwards, against whom the warrant was
issued, and the sheriff's officer supposing the goods of Edwards
and Brown to belong to Win. Edwards, had entered the shop of
the plaintiffs, seized their machinery, and sold it all to cover a
debt of £l2. The defendant admitted the error, and paid into
court £l5 as compensation. It was alleged that the machinery
sold was worth a very great deal more, and that the goods had
been completely sacrificed at the sale. The consequent injury
had been such to the plaintiffs that it had ruined their business.
Witnesses were called to the above facts, and to prove the
value of the goods.
On the part of the defendants it was contended that it was a
conspiracy to defraud the creditors of Wm. Edwards, who was
behind the scenes in the transaction, and that the goods were
really his.

The-plaintiffs' witnesses deposed to the goods being worth
£l5O, and the defendant's witnesses to their being only worth
£75. The cause occupied above five hours.
His LORDSHIP summed up with much care. If the jury
were of opinion that there were any of Wm. Edward's goods
in the shop. the sheriff had a right to enter; if Wm. Edwards
had really sold the goods to Brown and Edwards, then the
sheriff had no right or sale.
The jury expressed a wish to retire. After a short absence
they returned with a verdict for the defendant.
BROOKS V. MORT.

Verdict for the plaintiff, by consent, damages £5OO, costs
405., subject to a reference.

BAMFORD V. CLARKSON.
_ Mr. Alexander and Mr. Tomlinson appeared for the plaintiff,
and Mr. Cresswell and Mr. Brandt for the defendant.
The plaintiff in this case is Mr. James Bamford, an opulent
individual, residing at Mount Green, near Rochdale; the de-
fendant, Mr. David Clarkson, is a respectable solicitor at the
last named town.
It appeared that a few years previous to 1834, Mr. Bamford
and his brother were clients of Mr. Clarkson, with whom seve-
ral considerable bills of costs had been suffered to accumulate.
The family had been involved for a considerable period past in
considerable disputes and litigation amongst one another. A
brother of the plaintiff's, named John Bamford, was indebted to
the former in the sum of £7O Is., £2O and ls. of which was for
cash and goods, and the remaining £5O was for a promissory
note which John Bamford had given jointly with a John Holt.
In November 183.3, the plaintiff applied to Mr. Clarkson to re-
cover the aforesaid sum from his brother. Mr. Clarkson ad-
vised an arrest, and a writ was accordingly issued, upon which
the money was paid by John Bamford into the hands of Mr.
Clarkson. This money was suffered to lie in the hands of the
latter. In May, 1834, the plaintiff thought fit to employ other
solicitors, vii. Messrs. Wood and Son. Upon this Mr. Clark-
son immediately sent in his bill of costs, and demanded pay-
ment. The plaintiff replied that he was ready to pay the
amounts of the respective bills, deducting the £7O Is. which had
been paid in by his brother. Upon this Mr. Clarkson informed
the plaintiff that he had already paid over £5O of the money to
Mr. Holt, who, having married a niece of the plaintiff's was
understood by Mr. Clarkson to be entitled to an old legacy to
the amount of £lOO by the will of the plaintiff's grandfather.
This £5O Mr. Clarkson averred to have paid with the direct
consent of the plaintiff. The latter denied that he had ever
given such consent. As the plaintiff had an action pending at
the court in Chester, for the conduct of which some papers which
were held by the defendant were necessary, and the delivery of
which was refused until the bills were settled, the plaintiff di-
rected Messrs. Wood and Co. to adjust the affair. Upon this
a meeting took place among the parties, when, though the
plaintiff admitted that the sum of £2O is. had been paid for
stamps, he again denied that he had ever given any authority
for the payment of the £5O to John Holt. The parties got to
hard words on the subject, and no adjustment of the matter
could be brought about. It was upon this that the action was
brought.
It was proved by the evidence of John Holt, that in the pro-
missory note for which he was liable with John Bamford, there
was an express stipulation that the money was to be paid on ac-
count of the legacy.
The jury returned a verdict for the defendant.
RHOYDS, AN INFANT, V. STANDISH.
In this ease Mr. ALEXANDER and Mr. SEGAR appeared for
the plaintiff, and Mr. CaEsswELL and Mr. WIGHTMAN for the
defence.

The action was brought by the plaintiff to recover compen-
sation for an alleged illegal distraint. The defendant, as iu
the former action of this nature, was Charles Standish, Esq.
though it was, as in that instance, also stated that his indemnifier
was the real defendant.

It appeared that Hannah Rhoyda, formerly a woollen-manu-
facturer at Rochdale,a widow, was the mother of eight children,
of whom the plaintiff was the eldest, though at the time when
the action was commenced he was under age. About the mid-
dle of last year Hannah Rhoyds became embarrassed in her
circumstances. At this time she was indebted to a person
named Sagar to the amount of £lBO. As Mr. Sagar was press-
ing her for payment, a Mr. Whittaker, of Rochdale, joined her
in a note, which for a while appeased him ; but, on the 4th of
August, he put a distress into her house, and sold up her ma-
chinery and furniture, which paid the whole debt, with the ex-
ception of about £32 and £8 costs. The elder son, however, by
the assistance of some friends, bought in at the sale two looms,
two jennies, and some other articles, amounting to about EIS.
wherewith he removed to another house, where he took his mo-
ther and brethren, and endeavoured to support them by learning
the business. He subsequently purchased some other articles
of machinery and furniture. Shortly after this Mr. Sagar again
entered an action and sera an officer, named Seller, with a
sheriff's warrant, who aguin seized'goods to the amount of £26,
which were alleged to be the property of the plaintiff,
Mr. ALEXANDER called a number of witnesses to prove that
the goods were the property of the plaintiff.
Mr. CRESSIVELL contended that the affair was a mere fraudu-
lent transfer made for the purpose of blinding the creditor, and
dwelt on the improbability of the plaintiff having such a sum of
money in his possession.
The JUDGE, in summing tip, pointed out to the jury that it
was just as likely that an industrious lad should he in possession
of such a sum as £2O, as that his mother, who had been sold up,
and long in embarrassed circumstances, should have been able
to transfer it to him. It was, however, he said, purely a question
for the consideration of the jury, whether the goods were or
were not the property of the plaintiff.
The jury returned a verdict for the nlairitiff,—damages £B.

COLE V, MARTIN.
Mr. Alexander and Mr. Wightman appeared for the plaintiff,
and Mr. Cresswell for the defence.
The plaintiff, Mr. Cole, is a silk manufacturer at Manchester,
the defendant is a calico printer. The action was brought to re-
cover compensation for an assatilt committed upon the former
by the biter.
It, appeared that on the evening of the 28th of March last,
the plaintiff and defendant, with a number of other gentlemen,
were sitting in the smoking-room at the Albion Hotel, in Man-
cwhheisethe r,
werewhenupon theuntt,, h
e plaintifftaie pushed forwards some halfpence
The defendant said to him, " rsup-
pose you have been brought up at the Mechanics' Institution,
as von have got some light-fingered knowledge." The plaintiff,
said, "That is the language of the police reports„and, and sig-
nifies thief and rascal, and if you intend to apply jt to me you
are a scoundrel." Mr. Martin immediately struck Mr. Cole a
blow on the face and retired.
It was stated by the learned counsel for the plaintiff that the
plaintiff had applied to his solicitor, Mr. Webster, who had writ-
ten a note to the defendant requiring him to pay a sum which
the plaintiff might hand over to the public charities. This was
refused, and the present action wasbrought. The learned coun-
sel said he was willing, even now, if the defendant would make
a fail apology, to take a verdict with 40s damages. The learned
judge hoped a case of so trifling a nature might be settled with-
out occupying snore time.
Mr. CaEsswar. I, said that he was instructed by his client to
deny, as he had always done before, that he had used the ex-
pressions imputed to him, and at the same time to express his
sorrow for the blow. However, it could not be supposed that he
would now pay the whole costs of the action.
The jury Joined the learned judge in their endeavour to per-
suade the parties to .settle the dispute amicably out of court.
The trial however, went on.
Henry S3nderson, waiter at the Albiont and Mr. Pichardson
proved the assault.—The jury without troubling his tordsfiip to
sum up, returned a verdict for the plaintiff—damages one &r-
-ill% -
•

The court adjourned, at ten o'clock, to eight o'clock on Sa-
turday morning having- sat for thirteen hours.
SATURDAY.
DOWNING AND OTHERS V. BEVAN.

The parties in this case resided at Manchester. The plain-
tiffs are iron dealers there, and the defendant bought of him a
quantity of chain iron and nail rods, to be of a certain quality
On its being sent to the defendant he refused to accept it, say-
ing that its quality was interior to the description given of it
by the plaintiff. A letter from the defendant's attorney was
produced in evidence, admitting thtwo-thirds of the iron was
as ordered.

The jury found a verdict for the plaintiff, the defendant
agreeing to take the iron according to the bargain.

KNIGHT V. CLEMBNTS.

Mr. Brandt and Mr. Tomlinson appeared for the plaintiff,
and Mr. Cresswell for the defendant.

This was an action to recover the sum of £2OO on a bill of
exchange drawn by a person of the name of Watkins, and ac-
cepted by Clements the defendant. Mr. Knight was an ac-
countant at Manchester, and had discounted the bill. The
plaintiffs pleaded that the bill was drawn at a time when Wat-
kins was in expectation of being a bankrupt. The bill was in
the handwriting of Clements, and there could be no doubt that
the acceptance was his. The bill was drawn apparently at first
at three months, but the three months had been rubbed out, and
a two written over it, as was evident, and this must have been
the case, for the stamp was not sufficient for a three months'
date. If the jury were of opinion that such was the case, the
bill was a valid bill; but they should be of opinion that the
bill had been altered after the acceptance, then the bill was
valueless. Several witnesses were examined as to the above
facts. For the defence it was contended that the bill was alto-
gether a fraudulent transaction, and had been botched after it
was accepted.
His LORDSHIP, in summing up said, if the jury were of opi-
nion that the alteration was merely to remedy a mistake before
the bill was complete it would not vitiate the instrument, but if
they should be of opinion that after the bill was a complete in-
strument it was altered, and without the cognizance of all
parties it would vitiate and render nugatory the instrument.
The jury expressed a wish to nitre, and after a short interval
returned with a verdict for the plaintiff, damages £2OO, and
£9 Is. Bd. interest, and Is. costs.

NEV ITT V. MOSELEY.
Mr. Cresswell and Mr. Brandt, appeared for the plaintiff; and
Mr. Alexander fur the defence.

The defendant, Mr. Mosely, was the proprietor of a coach
running between Manchester and Macclesfield, and the plain-
tiff was the servant of a coach proprietor running a coach be-
tween the same places, and there was a rivalry between them.
On the 13th of May, the plaintiff's coach started from Man-
chester, and after going a short distance, was overtakaken by
the defendant's coach, driving at a furious rate. The plaintiff
as the defendant was driving past, touched his hat to him, when
the defendant pulled his leader accross the road, and com-
menced horsewhipping the plaintiff, and severely cut, on the
face, a gentleman riding on the box. The defendant afterwards
expressed his sorrow to this gentleman for the injury he had
done him, and paid over to a charitable institution a sovereign
as a recompence. There was plenty of room for the defendant
to pass, and the plaintiff( did not return his blows, but tried to
get out of the way. The defendant after he had struck the
coachman, cried 'damn ypti. are you satisfied now," and then
drove off, leaving the plaintiff's coach and passengers very
much alarmed.

Mr. ALEXANDER in reply contended the matter would much
better have been settled before a magistrate, than, for a vindic-
tive motive, at a ruidoug expense to one or other of these rival
coachmen, have been brought before them. _

The jury found a verdict for the plaintiff, damages £5.
BYRNE V. SMITH.'

Mr. Alexander and Mr. Tomlinson appeared for the plaintiff,
and Mr. CresSwell for the defendant.

The plaintiff in this action was a sail-maker, in Liverpool,
and a ship-chandler, and the defendant resided in London, and
was owner of the ship Caledonia. The action was brought to
recover the sum of £6l, for sails furnished to the Caledonia,
in the months of May and June, 1834. An order was given by
Mr. Ewing, the agent for the owners, for the goods, and the bill
of parcels afterwards signed by the captain as correct, and the
amount applied for through Ewing. A dispute arose with
regard to the payment of the account, and the plaintiff had
brought the present action to recover it. The defendants al-
leging that they were liable to Ewing, they having been ordered
by him, and he acted as a principal, but had not their authority
to order these stores in his name. A letter from Mr. Ewing
to the plaintiff was put in, stating that he was to look to him for
payment for the stores, and not to the owners; afterwards Mr.
Ewing became bankrupt, and the plaintiff came on the owners.
Mr. ALExs NDER contended for the defence, that the custom
invariably was to debit the owners of vessels.

HIS LORDSHIP in summing up said, they must have express
evidence of the owners having deputed authority to Ewing
to order the goods for them, and they must form an opinion from
the evidence, whether Smith was liable. The jury would form
an opinion on the facts whether or not there was an authority
express or implied from the circumstance of Ewing hailing or-
dered the stores for the ship.
The jury expressed a wish to retire, and after an absence of
an hour, returned with a verdict for the plaintiff, damages,
£6l 15s. 2d.

His Lordship then, the causes having been got through, (se-
veral having been withdrawn) left the court at a quarter to three
o'clock, the assizes terminating, after occupying a fortnight and
two days.