The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-04-03 00:00:00

THE CAUSE LIST

It was announced that all cases from 90 to the end of the list
inclusive, with the exception of two special jury causes would
be taken before Mr. Justice Matteson.

LUCAS V. BLUNDELL, ESQ,

,
Mr. CRESSWELL, Mr: ALEXANDER, and Mr. J. HENDERSON,
appealed for the plaintiff; and the ATTORNEY-GENERAL and
Mr. HENnErtsorr forthe defence.
This was an action brought by Mr. Lucas, the keeper of a
horse aur: carriage repository, in Great Charlotte-street, against
the High Sheriff, to recover the value of a horse. On the 23d
of Augustlast Mr. Blundell went to Mr. Lucas's repository and
purchased a mare for £47. 10s. Mr. Lucas had long adopted a
rule in his repository that all horses sold with a warranty, if
returned, must be returned with a veterinary surgeon's certifi-
cate on the following day, before twelve o'clock. Mr. Lucas
found this necessary as he sold on commission, and paid the
price over to the owner the day after the sale at twelve o'clock.
Mr. Blundell returned the mare, but not in the time specified,
and consequently could not bring his action for a breach of the
warranty, but he said he would not pay for her, and Mr. Lucas
was obliged to become the plaintiff in this action. The defend-
ant pleaded that he was induced to huy the mare through the
fraud of a person named Farral, who was the owner. By this
course, Mr. Blundell escaped the warranty, but he was obliged
to prove that Farral knew her to be unsound. The Jury must
also be satisfied that the defendant bought the mate on Farral's
recommendation, and not on the warranty of the plaintiff. Mr.
Blundell fully examined the mare, had her ridden by several
perscons, and finally bought her as sound. Next day he returned
her lame, and she was put to livery, but by agreement between
the parties she was sold, as it was determined on that an action
should be brought, and she was sold for 30 guineas, and bought
for 30 guineas, and bought by a Mr. Hood, living in Stafford-
shire, who rode the mare home, a distance of 50 miles, and she
was quite sound. Mr. Hood afterwards sold the rpare for £4O.
to a dealer and gave a warranty of her being sound, her lame-
ness having been but temporary and gone off. Witnesses were
called to prove these facts.
For the defence it was contended that from a notice stuck up
in Mr. Lucas's yard with respect to warantees given was such
as to make it impossible for him to be liable. It was in fact a
note hens " never to be liable."

Evidence was called to prove that the mare belonged to Mr.
Latouche of Dublin, and in his service got an "overreach" and
was sold to a person named Hewit, being lame then. Hewit
brought her over to Liverpool, and sold her to Farral, and when
In Farral's possession Mr. Walton the veterinary surgeon saw
her, and pronounced her to be lame. She was injured in the
pastern joint, and would be liable to go lame on bard work, she
was unsound. Farrel was well acquainted with horses, and
knew of this unsoundness of the mare. The mare went lame
next morning after she was bought, and was sent back.
Mr. CausswEr.r. replied.
His Lottostrir in summing up said if the plaintiff failed, in
any of his pleas the case must go to the ground. The jury must
be of opinion that he made out all his pleas, and then they would
find for the dofondaut. Numalv that. thi' horse was unsound
before bought, that Fat rat knew It, and that through Farral's
fraud the defendant was induced to purchase. The jury after
consulting for a short time found a verdict for the plaintiff, da-
mages £47 10s 0.
The court adjourned shortly before .six o'clock.

CROWN COURT.—SATURDAY.
His Lordship took his seat on the bench at 'five minutes past
nine o'clock.

HIGHWAY ROBBERY.

Edward Grogan, aged 24, was charged with having on the sth
of August last, on the Stretford road, feloniously assaulted
George Royston, and stolen from him some money and other
articles.

The prisoner is a remarkably tall and fine-looking man. His
face is handsome, but the expression thereof is rather ferocious,
and indicative of the utmost determinatiun. He was well
dressed, and be presented himself in the duck with an appear-
ance of great firmness: - _

Georg"e Royston stated that he resided in the Stretford new
road. On the sth of August, at a few minutes before one
o'clock in the morning, he was going home along the Stretford
road. When he came within '2O or 3t) yards of Moss lane, he
saw a man standing on the opposite side of the road. It was a
clear night. This person crossed over the road to him, and
asked hint for his motley. Witness replied "I have none." He
(the man) said he knew very well that he had; he might search
him if he liked (throwing open his coat.) After that another
man crossed over the road, whom he had not previously seen.
This man presented a pistol within an inch of his temple. The
prisoner at the bar said "if you either utter a word or stir, au
inch you are a dead man." The first man who came over to
him was the prisoner at the bar. Ele was armed with a sort of
sabre or bayonet. He drew it from an inside sort of pocket.
The prisoner then put his hand into his (witness) breeches
pocket,
and took out a purse containing a sovereign and some
silver. '1 he other man pulled out the other pocket,and because
it did not all come out so readily as he wished, he took a knife
or dagger and cut it out. The prisoner felt a pocket book, and
he said that he would have that. 'Witness said he should not,
be had got all his money, and there was nothing in it to do hint
or any 'body else any gie was of no use to any one but
himself. The prisoner said he would have it, and witness put
up his hands, when the prisoner seized hum and threw him upon
his back, faking uron him, Wi:ness then called out " murder,"
and a watchman who was at hand,came up, and the prisoner
and the other man ran away. Witness and the watchman
examined the ground, and found a hat, which contained a pass-.
pout and an address curd.

The prisoner cross examined the witness at some length re-
specting his state at the. time when it was alleged the robbery
was committed. It appeared the witness was somewhat intoxi-
cated.

James Bradbury, a watchman, was in the Stretford road on
the sth of August. Heard some noise. Some person said •` 1
have nothing more to give you." Was going to the spot when
he heard a cry of murder. Went forward and saw two men,
one of whom was down upon Mr. Royston. Showed his light
Saw that one man was taller than the other. They ran away
immediately. Saw that the tallest man, who had lost his hat,
had very large whiskers. Searched the spot, and found the hat
belonging to the taller one. Found a horse pistol, loaded, a
box of lucifer matches, a lot of cards belonging to different
theatres in France, a fine shirt, two silk handkerchiefs, and a
cotton handkerchietwith some gunpowder in it. The tall man
had large whiskers. He corresponded in other respects with
the prisoner_ but could not_swear that it was him.

Thomas Norbury, one of the police of Manchester.—ln con-
sequence of some information which he received, he went on
the Eccles New road to look for the prisoner. Met him coming
towards Manchester, about three miles off. He passed them.
Witness said, after he had got past, " Here, young man, I
want to speak to you." He replied, " What do you want to
say to me?" Witness .said, " I only want to speak to you."
He put his hand to his right breast coat pocket, and kept it
there, saying " Stand l—keep your distance—if you have any
thing to say to me, say it at a distance." He then drew a
pistol from his breast, and said, •' If you offer to move I will
shoot you!" Witness said, "Nay. von would not shoot a man.
would you ?" He swore by his Maker he would. Witness
stooped and rushed forward, and the pistol was fired as he
rushed. He then levelled the pistol, which was a double-bar-
relled one, at Follett, and saw the cap drop to the ground. The
prisoner then ran off. Witness overtook him and knocked his
legs from under him. Jonas took the pistol from him. Saw
witness put 'his hand to his side and take hold of a bayonet,
which he was prevented from drawing. Witness searched his
coal pockets. Found two such barrelled pistols there loaded
with powder and ball. The double-barrelled pistol was found
to have one barrel loaded and the other unloaded. Witness
was without his coat at the time. Some of the other officers
were in their uniforms.

Cross-examined by the prisoner.—Witness did not tell him
that they were officers. The reason why so many went out was
that they heard that he was armed with fire-arms.

Benjamin Pollett, a police-officer of Manchester.—lt was
about flee o'clock in the evening when they met the prisoner.
Heard Nnrbury speak to the prisoner. The latter presented a
pistol and fired it. Witness rushed forwaid, and the prisoner
placed a pistol close to his breast. He snapped it, and it
missed fire

Cross-examined by the prisoner.—Had not Norbury stooped
at the time when he fired, the ball must have struck him.

-- Bennett was one of the party that apprehended the pri-
soner. Witness gave similar test imOny to the other witnesses.
Cyrus Alcock produced the articles received from Bradburn
the watchman. Witness produced a pamphlet of directions for
highwaymen, and the other articles found on his person.
. .

Sarah Drake stated that she resided in Devonshire-street,
Manchester. Is the wife of William Drake. A young woman
named Brennan lived with her in August last. The prisoner
visited her at her house four times. The last time was the first
Friday in August. The prisoner then wore whiskers, rather
larger tha❑ now. He asked Brennan when he should come to
see her. She said she did not know. He said, " Shall I write
to you." She said he might. He said, " Where shall I write
to ?" She said " Mrs. Peake will give you directions." She
did give her direction, the Rev. M. Esdale, Hall-place, Strange-
ways. The young woman was going into service at that gentle-
man's house. He took out of his hat a passport and wrote the
address with pencil. Witness examined the papers produced
by Alcock, and found the passport. She read the same words
on it as that, but she could not read many of them. There
were on that passport written the words oft& address.
Thomas Goodies Ifnows the prisoner at the bar. Last saw
him at a public house in Manchester. Had seen him before in
Paris. It was the Monday after the election in Manchester
that he saw him in Manchester. At the time witness saw him
in Paris he said he should pass through Manchester on his way
to America, and he called at that house by appointment. The
public-house was the Printers' Arms, When witness saw him
in Paris he gave him a card of the hotel whe:e he was stopping
at, and wrote his name on that card. Witness picked out this
card from the articles produced. It was the middle of July
when witness saw him in Paris. Witness saw the passport at
Boulogne, and also at the public-house in Manchester. The
prisoner had very large whiskers when in Manchester.
By the prisoner.—It was Sunday night when he saw the pri-
soner in Manchester. It was not -likely that the prisoner could
have left the papers behind him.
A small, but very formidable weapon, which was taken from
the prisoner, was produced. Mr. Royston was recalled, and he
stated that that was like the weapon with which he was threat-
ened. The prisoner addressed the jury in his defence. He said
it would appear strange to them that be should have those pis-
tols, the dagger, and dark lantern that had been produced.
That dagger was taken in the field of action in Spain. The
pistols he had taken at the storming of !run, which was given
up to plunder, and he having got possession of these pistols
kept them as a curiosity. In June the legion was disbanded.
He moulded a few bullets, and loaded the pistols, having se-
veral leagues torso over an enemy's country, where if an Eng-
lishman were met who belonged to the Queen's forces he would
be immediately assassinated. He travelled over France. and
to England, still keeping the pistols loaded, as he feared the
discharging, of them might create a disturbances and he had
tried in vain to draw them. He was, as they probably knew, a
deserter from the 17th Lancers. The dark lantern lie had found
useful in travelling i❑ France, and he thought it might be use-
ful for the same purpose on his voyage to America. He had in-
tended, on his arrival here, to take a companion, to be bound
with him in the holy and solemn bonds of wedlock, with whom
he should have proceeded to America.
The JUDGE briefly summed up the evidence, and the jury
found the prisoner Guilty.
His LORDSHIP addressed the prisoner. He said, some years
ago the commission of this crime would have been followed by
execution. The laws, however, had been altered, and though
this offence had been committed previously to such alteration,
he (the learned judge) had ordered judgment of death to be re-
corded against him, and should recommend him to her Majesty's
mercy, on the condition, however, that he should be transported
for life.

The prisoner begged to be permitted to say a few words before
he was removed. He entered into a long statement of his ca-
reer in life. He stated, that he had enlisted in the 17th Lancers
when he was only sixteen years of of age, and, having an ardent
wish to distinguish himself in actual conflict, he went. to Spain.
He made further statements, which amounted to a confession
that he was guilty of the crime for which he had just been tried.
He said, when in Spain he had been accustomed "to see no-
thing before his eyes but rapine, robbery, plunder, and blood-
shed." He blamed the habits there acqu►red, and said they
had led to his subsequent crimes.

LARCENY.
Richard Doran and William Maguire were charged with hav-
ing stolen three brace of pistols from the shop of Daniel Row-
(len, of Manchester. .

Mr. Armstrong conducted the prosecution.
The prisoners were,on a forinerday of the assizes, convicted
of highway robbery. In the commission of that offence it was
proved that they had, used the pistols that they were now charged
with stealing. *From a defect in the evidence, two individuals,
who had been members of the Society of Friends, having re-
fused either to take an oath or make the affirmation in the legal
form, it was doubtful how far the conviction would stand good.
The larceny was fully proved, the weapons having been
found in the possession of the prisoners, and identified by Mr.
Rnwden as his property.
The jury found the prisoners Guilty, and they were sentenced
to seven years' transportation.

WOUNDING WITH INTENT TO DO GRIEVOUS BODILY HARM.
• Peter Webster was charged with having, on the Ist October
last, at Ince, wounded Ralph Hayes, with intent to do him
some grievous bodily harm.
Mr. Hutton conducted the prosecution.
It appeared, that 'at a quarter-past twelve o'clock, on the
morning of the Ist October, the prOsecutor was on his way home
with hi.• wife, and when near his own house he happened to
jostle against the prisoner, who was very angry with him, and
would not let him pass on his way. Another individual joined
the prisoner, and the two crossed the path of prosecutor and his
wife. Hayes threatened to knock them down if they did not
desist. Thee persisted, however, and Hayes and his wife crossed,
the road. The two men followed, and shouldered ,the prose-
cutor against the wall. He asked what they meant, and one of
ihetn replied, "Anything." He said if one of them wished to
fight, if that were all, he was ready for them. They still con-
tinued to annoy him, and he struck one of them, and knocked
him down, when he received two stabs in the stomach. He
fell, and received another stab after he was down.
A witness, named Thomas Armstrong, proved that the pri-
soner was one of the two men whom he had found struggling
with the prosecutor.
There was no evidence to show that the prisoner actually in-
flicted the wounds.
The jury returned a verdict of Not Guilty.
POACHING.

Charles Wright, William Shaw, and John Hankinson, were
charged with hav►ng, on the night of the 224 of September, en-
tered an inclosure at Rixton-with-Gazebrook armed, and for the
purpose of destroying game.
Dr. BROWN conducted the prosecution; Mr. ADOLPHUS ap-
peared for the defence.
George Wright stated that he was an assistant gamekeeper
to Mr. Wilson Patten. He was out on the night of the 22d of
November, watching game at Rixton-Glazebrook. Began the
watch about ten o'clock at night. His notice was first attracted
by hearing a dog yelping. The sound came from some land
that they called burrows. Went to thel\Big Moss field, and
found five men. Met oue man by himself at first in the Big
Moss field. That one was Thomas Shaw. William Shaw was
also there. Thomas Shaw had a stick with him. He had three
other gamekeepers with him. The party in the inclosure
atenaced and a fight commenced. Witness told them that he
was not going to De omen ott the ground by them, Go thcy (rhe
poachers) were five, and they (the gamekeepers) four. The
former whistled and three others came up. They were all armed
with sticks, and the gamekeepers were driven off.
John Ashton stated that he was out assisting the keepers on
the 224 of November. He found a net hung on a gate in the
Big Moss field. He saw a party of men in the field. Wright
and Hankinson were of this party. The men attacked them
with clubs and drove theta away. Witness was knocked down
by a blow on the head.
Peter Knight, a gamekeeper, stated that they found several
nets in the field. He generally corroborated the testimony of
the other witnesses.
The Jury retired at half-past one o'clock. They returned at
half-past ten, and delivered in a verdict of guilty against Wright
and Hankinson, strongly recommending them to mercy. Shaw
was acquitted.
Wright and Hankinson were sentenced to be imprisoned for
12 mouths with hard labour.

PoACHING

Isaac Wilkinson was indicted for having been found with three
others, out, armed with guns and in search of game, in the
township of Bold, on the night of the 11th Nov. 1837.
On the night in question the gamekeepers of Sir Henry Bold
Houghton heard guns fired in the preserves at Bold, and went
out. in search of poachers. They encountered four poachers,-
one of whom (not in custody) discharged the contents of a
fowling piece into the side of one of the keepers. A keeper,
named Clough, struck the prisoner with a cutlass, and cut
through his hat and slightly wounded his head. With the as-
sistance of the other keepers the prisoner was secured ; but
Appleton, the man,who fired the gun escaped.
The Jury found the prisoner guilty.
this Lordship passed sentence of imprisonment for one year
with hard labour.

NISI PRIUS COURT.—SszunDAy,
(Before Mr. Justice CoLERIDGE.)
CUNLIFFE V. PENKETH.
The plaintiff in this case is a builder, residing at ilaydock,
and brought the action to recover a balance of £3O for making
bricks, and worked for the defetdant.
The action was referred.
MANIFOLD ANT) ANOTHER V. hionuis•
The plaintiffs in this case are Messrs. Peter and Samuel
Manifold, and the defendant Mr. Wilson Morris. A Mr.
Henry Rigmaden mortgaged several buildings, one of which
was a public•house, to Mr. SRIIIIIOI Manifold, for 0,000 And
also executed a second mortgage to Mr. Holden, including

APRIL 3, 1838.

fixtures and the licence. After these two mortgages bad been
granted, Mr. Rigmaiden borrowed money of his brother, giving
him as security the surplus that would arise on uuy sale of the
above property, after paying off the two mortgage:. A sale of
the preinkes took place, Mr. lligniaden becoming bankrupt,
and they were bought by another brother of Mr. Riginaiden.
The mortgagees were satisfied, and the surplus was paid over
over to M r.Henry Rigmaiden, which amounted only to £2OO,
he having lent his brother a much larger sum. .At the time
of the sale the mortgagees doubted whether they had the right
to sell the fixtures, imagining they belonged to the assignees of
the bankrupt. There was no doubt, it was contended, that the'
mortgagees had the right to sell the fixtures, and on their sell-
tng them would depend the surplus which Mr. Henry Rigmaiden
was to receive, and Mr. Henry Rigmaiden, therefore, is the
name of Messrs. Manifold, which he had' right to use, brought
this action against the, assignees of Mr. Riganaiden, the bank-
rupt, for the value of the fixtures, which the assignees had sold,
and which Messrs. Manifold were entitled to. The case was
gone into, when the plaintiffs broke down, and the plaiutiffe
were nonsuited.