The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-11-02 00:00:00

John Deane, who was the next witness, said he was a
plasterer residing at Waterloo. He did the plastering at Mr.
Crea's chapel, and Mr. M'Crea paid him for it. Some slates
were once blown off the roof, and witness replaced them at
the request of Mr. Crea who paid him. He paid witness
partly in cash, and gave him his acceptance for the re-
mainder. Witness had heard Mr. M'Crea say the chapel was
his, and that he had received money from different people to
enable him to build it.
The Witness was cross-examined, but his testimony was
not at all shaken.
William Wall, plumber and glazier, of Waterloo, said he
was employed by Mr. M'Crea to execute part of the plumb-
ing and glazing at his chapel. Mr. M'Crea did not refuse iu
the first instance to pay : he paid part of the amount in money
afterwards, and the remainder through witness's attorney.
Was obliged to give directions to his attorney to apply to Mr.
M'Crea for payment; and his attorney afterwards paid him
the money so obtained from Mr. M'Crea.
Cross-examined.—Mr. Heath gave no directions to wit-
ness. Mr. M'Crea gave him directions. Witness was after-
wards employed to put stronger glass into the roof, and Mr.
M'Crea gave him directions for that.
John Padley, timber-merchant, of Waterloo, was next
called. Mr. M'Crea had called upon him for the purpose of
ordering timber for his chapel ' • and he had ordered small
portions at different times. When lie first called upon wit-
ness, Mr. M'Crea told him he would pay witness when the
timber was delivered, but lie did not wish it to be booked to
him, observing that he did not desire to have his name mixed
up with secular matters. He paid witness for the timber so
supplied in the course of the week it was delivered. After-
wards he let the account run for two or three weeks, and as
he did not call to pay witness booked it to him. He had
since paid witness the amount of his account except a few
shillings. Mr. M'Crea asked witness about strengthening
the roof of the chapel, and asked him to do the job ; but
witness declined.
Mr. VEIN AB LES cross•examined the witness, but without
eliciting anything, except that neither Mr. Heath nor Mr.
Waddington, had given any orders to witness concerning the
chapel.
Mr. JastEs then called for the lease of the land on which
the chapel was built, observing that lie had given the other
side notice to produce it.
Mr. VENABLES.—I have no lease here.
The ASSESSOR.—You must first prove they have it.
Mr. JAMES.—Then, that is my case, sir.
Mr. VENABLES then addressed the court and jury on the
part of the defendant. The plaintiff's counsel said this was
the case, yet he had not ventured to call either Mr. Wadding-
ton or Mr. Heath, who could have given the jury the whole
history of this transaction, especially as to whom credit was -
given for the timber. He had a right to make strong obser-
vations upon the fact that Mr. Heath was not called, because
his evidence instead of involving the case in mystery, would
have rendered it perfectly clear. He (thelearned counsel) had
no right to say that Mr. Heath instructed or paid the attorney
who had brought this action, but he was not called to show
what part he took in this transaction, whether as principal,
agent, or otherwise; and he (Mr. Venables) had always
found that when material evidence was withheld, suspicion
was cast upon the party who withheld it. It was the bounden
duty of the plaintiff to present to the jury every witness who
could make out the material facts of the case. It was not
sufficient for him to leave his case involved in mystery, or in
a state liable to induce the jury to draw their inferences from
part of the facts; but they might have the whole if Mr.
Heath was put into the box, for he would be bound to admit
that it was upon his credit alone that the timber was sup-
plied. Mr. M'Crea was a gentleman of eloquence and
character, and though not strictly belonging to the protestant
church be was attached to a sect which was highly honoured,
whose doctrines were pure, and therefore entitled to respect
and admiration. He was a man of consummate eloquence,
who could captivate the attention of his congregation in an
extraordinary degree, and they would leave the chapel much
edified by the doctrines there promulgated by him. Although
he did not belong to the Church of England yet we were
bound to respect a man whether he differed from ourselves
or riot on religious topics who did good in his station ; the
jury, therefore, would give their best consideration to the
observations to be made in his behalf. Mr. M'Crea belonged
to the Scotch Secession Church, the same denomination as
the respected Dr. Ralph of this town, their doctrines were
the same, and they were as pure as those preached by the
clergy of the Church of England. In the summer of 1829
Mr. M'Crea visited Waterloo for the purpose of reno-
vating his health. He there engaged a room far the pur-
pose of administering divine worship, and his emigre-
gation were so delighted with him, Mr. Heath among
the number, that they entered into a subscription to
build him a chapel, Now experience would tell the jury that
it was very common for a minister to speak of a chapel as
being his own, without meaning more than he had a life in-
terest in it. Mr. M'Crea had been very active in the per-
formance of his duties since May, 1840, therefore, strictly
speaking, he was inducted into the chapel, and no person
could eject him. He might keep it during the period of his
natural life, if the life was not extended beyond the term for
which the lease was granted, and no human being could eject
him. Stripping the case, however, of all the extraneous matter
with which it had been clothed, the single point for the atten-
tion of the jury, was, upon whose credit were the loads of
timber furnished. The learned counsel then contended at
some length that Jlr. Heath was the man upon whose credit
the timber had been supplied, from these facts—first, that he
was at Mr. Pearson's yard, and in conversation with him
within a day or two of its being delivered; secondly, that Mr.
Pearson had applied to him in the first instance for payment,
and lastly, that he had taken very great interest in the manage-
ment of this case.
The ASSESSOR, in summing up, told the jury they must
look at all the circumstances of the case, and from them say
whether Mr. M'Crea had so conducted himself as to have
allowed credit to be given to him for these goods ; and before
they found for the plaintiffs, they must be satisfied that the
goods were supplied upon his credit. The learned assessor
then went minutely through the evidence, pointing out the
parts most important for the consideration of the jury.
The jury immediately found a verdict for the plaintiffs,
damages £l9 Os. 9d.

The business of the court terminated about 12 o'clock on
Saturday.

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